152871 ORDINANCE NO. 15,287
2
3 AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF
4 ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS TO
5 PROVIDE FOR AN INCREASE IN THE PENALTY FOR UNLAWFUL
6 CONTINUANCE OF A NUISANCE; AND DECLARING AN EMERGENCY.
7 WHEREAS, the prevention, removal or abatement of
8 nuisances is necessary to protect the health, safety and
9 welfare of the citizens of the City of Little Rock; and
10 WHEREAS, statutory authority grants power to cities of
11 the first class to prevent, abate or remove nuisances and to
12 declare what are such and to proceed against nuisances by
13 the order of the city council or prosecution in the Police
14 Court; and
15 WHEREAS, the efficiency and effectiveness of procedures
16 regarding the removal, abatement, or discontinuance of such
17 nuisances requires that the Board of Directors of the City of
18 Little Rock exercise the authority permitted by Ark. Stat. Ann.
19 19 -2304; and
20 WHEREAS, the Board has determined that an increase of
21 the penalty for unlawful continuance of a nuisance is
22 necessary to effect the prompt prevention, removal or
23 abatement of such nuisances.
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
25 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
26 SECTION 1. That Section 25 -77 of Chapter 25 of the
27 Little Rock Code of Ordinances be amended to read as
28 follows:
29 "Section 25 -77. Same - Procedure and penalties.
30 All proceedings for the prevention, abatement
31 or removal of any of the nuisances referred to
32 in this chapter or any other ordinance of this
33 city shall be commenced either by: (1) having the
34 party charged therewith summoned or notified to
appear before the municipal court, or if the
35 circumstances require, by having him arrested and
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brought before said court, and thereupon such
party shall have opportunity and it shall be his
duty to show cause why he should not be fined for
maintaining such nuisance, and an order made
requiring the abatement, removal or discontinuance
of the same, and in all cases where such an order
shall be made, the party found responsible for such
nuisance shall be subjected to a penalty of a sum
not greater than five hundred dollars ($500) for
any one (1) violation or, if such violation is
continuous in respect to time, the fine shall not
exceed two hundred and fifty dollars ($250) for each
day that the nuisance is unlawfully continued; or
(2) by order of the Little Rock Board of Directors
requiring the removal, abatement or discontinuance
of the nuisance within a reasonable and given time.
SECTION 2. Declaring an Emergency. It is hereby found and
determined that an emergency exists with reference to the ability
of the City of Little Rock 'to cure problems relating to the
removal of unsafe and dilapidated structures and nuisances
creating the necessity to provide efficient and effective methods
to identify and declare nuisances and order their removal and to
provide sufficient penalties for encouraging the prompt removal
or abatement of nuisances. Therefore, an emergency is hereby
declared to exist and this ordinance being necessary for the
preservation and advancement of the public health, safety and
welfare, shall be in full force and effect from and after its
passage.
PASSED: Play 5, 1987
ATTEST:
City Clerk Jai e Czech
APPROVED:
ayor Lottie Shackelford