15630• 15,630' • `31'
1 ORDINANCE NO.
2
3 AN ORDINANCE AMENDING CERTAIN SECTIONS OF
4 THE CODE OF ORDINANCES OF THE CITY OF
5 LITTLE ROCK.
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7 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
8 OF THE CITY OF LITTLE ROCK, ARKANSAS:
9 SECTION 1. Section 32 -8. Obstructions to visibility at
10 intersections. This section to be amended by adding the
11 following language to read as follows:
12 (d) No obstruction to cross - visibility shall be deemed
13 to be excepted from the application of this ordinance because of
14 its being in existence at the time of the adoption hereof..
15 (e) Any person, persons or corporations violating this
16 ordinance shall be guilty of a misdemeanor and each day that the
17 violation shall continue after notice to such person, persons or
i8 corporations shall constitute a separate offense.
19 SECTION 2. Section 32 -9. Vehicle equipment and condition.
20 This section to be amended by adding the following language:
21 (b) No person shall drive a motor vehicle not complying
22 with the following requirements as to equipment:
23 1. Brakes: All motor vehicles, except
24 motorcycles, shall be provided at all times with
25 two sets of adequate brakes, kept in good
26 working order, and motorcycles shall be provided
27 with one set of adequate brakes kept in good
28 working order.
29 2. Signaling Device: Every motor vehicle
30 shall be equipped with a horn, directed forward,
31 or whistle in good working order, capable of
32 emitting a sound adequate in quantity and volume
33 to give warning of the approach of such vehicle
34 to other users of the street and to pedestrians.
35 Such signaling device shall be used for warning
36 purposes only and shall not be used for making
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any unnecessary noise, and no other
sound - producing signaling device shall be used
at any time.
3. Mirrors: All motor vehicles which are
so constructed or loaded that the driver cannot
see the street behind such vehicle by looking
back or around the side of such vehicle shall be
equipped with mirror so adjusted as to reveal
the street behind and be visible from the
driver's seat.
4. Muffler cutouts: Muffler cutouts shall
not be used and no vehicle shall be driven in
such manner or condition that excessive and
unnecessary noises shall be made by its
machinery, motor, signaling device or other
parts, or by an improperly loaded cargo. The
motors of all motor vehicles shall be fitted
with properly attached mufflers of such capacity
or construction as to quiet exhaust noises
insofar as possible. Any cutout or opening in
the exhaust pipe between the motor and the
muffler on any motor vehicle shall be completely
closed and disconnected from its operating
lever, and shall be so arranged that it cannot
automatically open, or be opened while 'such
vehicle is in motion.
(c) Overweight Vehicles. It shall be unlawful for any
person to drive, operate, or move, or for the owner to cause or
permit to be driven or moved upon any road or street within this
city, any vehicle, or combinations of vehicles, of a size or
weight exceeding the axle load limitations stated in this
ordinance. All axle load limits shall be ascertained according
to state law governing same. Nothing in this ordinance shall be
construed to limit the traffic engineer from designating certain
streets as truck routes, or prohibiting trucks from using
certain city streets.
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(1) Penalties for overweight vehicles. Any
operator found violating the provisions of this
ordinance, or any owner, principal, employer,
lessor, lessee, agent or officer of any firm or
corporation who permits an operator to violate
these provisions shall be guilty of a
misdemeanor.
(a) Upon a first conviction, an
offender shall be punished by a fine of
not more than one hundred dollars ($100);
(b) For a second conviction within
one (1) year, an offender shall be
punished by a fine of not more than two
hundred dollars ($200);
(c) For a third conviction and each
successive conviction within one (1)
year, an offender shall be punished by a
fine of not more than five hundred
dollars ($500); and
(d) If the weight of the vehicle and
load exceeds the maximum as proscribed by
law, the operator or any owner,
principal, employer, lessor, lessee,
agent, or officer of any firm or
corporation who permits such operator to
exceed the weight load as proscribed by
law shall, in addition, pay a penalty to
be computed as follows:
1. Overweight one thousand pounds
(1,000 lbs.) or less, a minimum
penalty of ten dollars ($10) or a
maximum penalty of not more than two
cents ($.02) per pound of excess
weight;
2. Overweight more than one
thousand pounds (1,000 lbs.) and not
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1 more than two thousand pounds
2 (2,000 lbs.) a penalty of not more
3 than three cents ($.03) per pound of
4 excess weight;
5 3. Overweight more than two
6 thousand pounds (2,000 lbs.) and not
7 more than three thousand pounds
8 (3,000 lbs.), a penalty of not more
9 than four cents ($.04) per pound of
10 excess weight; and
11 4. Overweight more than three
12 thousand pounds (3,000 lbs.) a
13 penalty of not more than five cents
14 ($.05) per pound for each pound of
15 excess weight.
16 (d) When any vehicle is found to
17 exceed any weight limitation imposed by
18 this ordinance, the vehicle shall be
19 stopped at a suitable place and remain
20 standing until the overweight shall have
21 been removed.
22 SECTION 3. The following sections shall be added to
23 Article V of Chapter 32 of the Little Rock Code of Ordinances,
24 1988R and shall read as follows:
25 Section 32 -192. Use of headlights required. No person
26 shall drive a vehicle during the period from sunset to sunrise
27 without front and rear lights, which shall meet all the
28 requirements of state law.
29 Section 32 -193. Littering of Public street. sidewalk
30 alley or Public thoroughfare or any Private or public Property
31 adjacent thereto from vehicles prohibited.
32 (a) It shall be unlawful for any person, firm or
33 corporation to cast, throw, drop, place, track or otherwise
34 cause or permit to be located upon, in, or about any public
35 street, sidewalk, alley or public thoroughfare, or any private
36 or public property adjacent thereto, from any type of vehicle,
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1 any dirt, trash, refuse, junk, garbage or litter.
2 (b) No vehicle shall be used to haul rubbish, trash,
3 loose bottles, tin cans, brush, waste paper, loose dirt, rocks,
4 or material of similar nature, upon the public streets without
5 first having been equipped with the proper equipment, as
6 hereinafter set out, to prevent the load, or any part thereof,
7 from falling, dropping or being blown off the vehicle while in
8 motion. The bed and sidewalls thereof shall not drop through or
9 from the vehicle. The vehicle shall not be loaded in such a
10 manner that any part of the load extends above or over the
11 sidewalls of the truck bed. When the vehicle is being used for
12 carrying loose paper or other material that may be blown from
13 the load, a tarpaulin or screen cover of sufficient mesh shall
14 be used to cover the load to prevent its being blown from the
15 vehicle while in motion.
16 SECTION 4. Section 32 -308 to be amended by adding the
17 following lanaguage to the title of the section and by adding
18 paragraph (c) to this section:
19 Section 32 -308. Parking near walkways in parking lots:
20 insurance required.
21 (c) Each person, firm or corporation operating a private
22 parking lot within the city is hereby required to carry a policy
23 or policies of insurance to indemnify any person or persons
24 parking vehicles on the parking lot in question, against loss by
25 fire or theft, or property damage to a vehicle occurring while
26 the vehicle in question is parked on the parking lot.
27 It is hereby declared to be a misdemeanor for any person,
28 firm, or corporation to operate a parking lot without securing
29 and maintaining in force during the operation of said parking
30 lot, the insurance as required above, and each separate day's
31 operation in violation hereof shall constitute a separate
32 offense.
33 1. The insurance shall be written by some
34 approved insurance company and shall be in an
35 amount reasonably sufficient to indemnify
36 persons parking vehicles on said parking lots as
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1 said amount may be fixed from time to time by
2 the city collector provided that the minimum
3 insurance carried shall be two thousand five
4 hundred dollars ($2,500). Provided, however,
5 that in lieu of insurance against loss from
6 property damage, any parking lot operator may
7 furnish to the city collector a surety bond
8 written by an approved corporation in the
9 minimum amount of two thousand five hundred
10 dollars ($2,500); said surety bond to guarantee
11 payment up to two thousand five hundred dollars
12 ($2,500) of any judgment that may be recovered
13 against said parking lot operator for property
14 damages suffered by the owner of any vehicle
15 which is parked in the custody of any parking
16 lot operator.
17 2. All such policies of insurance or
18 - authenticated_ copies, satisfactory to the city
19 collector, shall be kept on file in the office
20 of the city collector.
21 The insurance coverage required in the
22 foregoing section shall apply only to .those
23 persons who park their vehicles on said parking
24 lots for compensation to the parking lot
25 operator. The city collector is hereby directed
26 to refuse to issue a parking lot operators'
27 license to any applicant until and unless such
28 applicant furnishes to the collector an
29 appropriate insurance policy in a sufficient
30 amount as required by this chapter.
31 SECTION S. Article VI. Stopping. Standing and Parking to
32 be amended by adding Section 32 -320. Obtaining narking
33 accommodations by fraud.
34 (a) No person shall park a vehicle on any public owned
35 parking lot or facility without paying such parking
36 accommodation, or after parking a vehicle thereon remove the
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1 vehicle from such parking lot or facility without paying for
2 such parking accommodation, with intent to defraud the operator
3 thereof.
4 (b) Evidence that a person left the premises of a parking
5 lot or facility referred to in subsection (a) hereof without
6 paying or offering to pay for such parking accommodation shall
7 be prima facie proof that such person obtained such parking
8 accommodation with intent to defraud the operator of such
9 parking lot or facility.
10 SECTION 6. Section 32 -404 to be amended by adding the
11 following language to the title of the section and by adding
12 paragraph (b) to this section.
13 Section 32 -404. Use of slugs Prohibited: tampering.
14 (b) No person shall deface, injure, tamper with, open or
15 willfully break, destroy, or impair the usefulness of any
16 parking meter.
17 SECTION 7. Section 32 -463 to be amended by adding the
18 following language to the title of the section and by adding
19 paragraph (b) to this section.
20 Section 32 -463. "Use of bicycles ", coasters, roller
21 skates, and similar devices restricted.
22 (b) No person riding upon any bicycle, coaster, roller
23 skates, sled or toy vehicle shall attach the same or himself to
24 any vehicle upon a public street, public property, or private
25 property that is publicly accessible.
26 SECTION S. Section 20 -28. Abatement notice and notice
27 to vacate to be amended to read as follows:
28 (a)(6) State that, if such repairs,
29 reconstruction, alteration, removal or
30 demolition are not completed within the stated
31 time as set forth in the notice, the building
32 official may institute legal proceedings by
33 charging the person with a violation of this
34 code or may cause through demolition or
35 otherwise, an abatement of the nuisance.
36 (b)(2) By depositing the notice in the
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1 United States Post Office addressed to the owner
2 at his last known address by certified mail,
3 return receipt requested, with postage prepaid
4 thereon;
5 SECTION 9. Section 20 -29. Abatement by city to be amended
6 to read as follows:
7 (a) If the owner, agent or person in
8 control of premises subject to a notice served
9 pursuant to this article cannot be found within
10 the stated 'time limit, or if the owner, agent,
11 or person in control fails, neglects, or refuses
12 to comply with the notice to repair,
13 rehabilitate, secure, or demolish and remove the
14 building or structure the building official,
15 after having ascertained the cost may cause such
16 building or structure to be abated, demolished
17 or secured as provided for by order of the City
18 Board of Directors. The building official shall
19 require that the building or structure remain
20 vacant during the pendency of the action or
21 until the nuisance is abated.
22 SECTION 10. Section 20 -26 to be amended to read as
23 follows and to be added to the beginning of this article.
24 Section 20 -26. Violation.
25 It shall be a violation of this article for any owner, as
26 defined herein, to permit or allow to remain any dangerous,
27 dilapidated, substandard or unsafe building or structure.
28 SECTION 11. Section 20 -27 to be amended to read as
29 follows and to be added to the beginning of this article.
30 Section 20 -27. Jurisdiction.
31 In every case in which any person shall be prosecuted and
32 found guilty of a violation of any of the provisions of this
33 chapter or any other ordinance of the city in relation to
34 nuisances, it shall be competent for, and shall be the duty of
35 the municipal court, if the circumstances of the case require
36 it, to make an order requiring the removal, abatement or
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1 discontinuance of the nuisance shown in such case, and to order
2 and direct that if within a reasonable and given time therein
3 named, the same shall not be removed, abated or discontinued by
4 the person or persons proceeded against therefor, such nuisance
5 shall be abated or removed by the building official with such
6 assistance as he may deem necessary to call to his aid for that
7 purpose, and in such case the person proceeded against shall be
8 responsible for all the costs and expenses incurred in the
9 removal or abatement of such nuisance by the building official.
10 SECTION 12. All sections of Article II. Unsafe Buildings
11 or Structures shall be renumbered appropriately based on the
12 inclusion of Sections 10 and it as referenced above.
PASSED: January 17, 1989
ATTEST: APPROVED:
—�, —� 'j/ 44t:jl. 0 tp"
CIT4 CLERK JAI�F'E CZECH MAYOR FLO._D C. VILLINES, III
APPROVED S TO FO
MARK STODOLA, CITY ATTORNEY
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