16155• i
ORDINANCE NO. 16,155
AN ORDINANCE REVISING CHAPTER 8, ARTICLE V
KNOWN AS THE HOUSING CODE AND ESTABLISHING
REGULATIONS, PROCEDURES, GUIDELINES AND,
PENALTIES FOR VIOLATIONS THEREOF; AND
DECLARING AN EMERGENCY.
NOW, therefore, be it ordained by the Board of Directors of
the City of Little Rock, Arkansas:
SECTION 1. Chapter 8, Section 8 -327 Definitions is hereby
amended to read as follows:
SECTION 6-327 Definitions
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
Alter or alteration means any change or modification in
construction or occupancy.
Apartment means a room or a suite of rooms occupied, or
which is intended or designed to be occupied, as the home or
residence of one (1) individual, family or household, for
housekeeping purposes.
Apartment house means any building or portion thereof which
is designed, built, rented, leased, let or hired out to be
occupied, or which is occupied as the home or residence of more
than two (2) families living independently of each other and
doing their own cooking in said building, and shall include flats
and apartments.
Approved means approved by the building official.
Area as applied to the dimensions of a building, means the
maximum horizontal projected area of the building at grade.
Accessory structure means a detached structure subordinate
in land coverage to the principle structure located on the same
property.
Attic story means any story situated wholly or partly in the
roof, so designated, arranged or built as to be used for storage,
or habitation.
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Basement means a portion of a building located wholly or
partly underground.
Bearing wall means a wall which supports any vertical load
in addition to its own weight.
Boarding house means a rooming or lodging house where meals
are provided.
Building means any structure built for the support, shelter,
or enclosure of persons, animals, chattels, or property of any
kind. The term "building" shall be construed as if followed by
the words "or part thereof ".
Building official means the officer or other person, charged
with the administration and enforcement of this article or his
duly authorized representative.
Chimney means a vertical shaft of masonry, reinforced
concrete, or other approved noncombustible, heat - resisting
material enclosing one (1) or more flues, for the purpose of
removing products of combustion from solid, liquid, or gas fuel.
Department means the department assigned administrative and
enforcement authority for this code.
Dilapidated dwelling or structure means a dwelling, dwelling
unit, multiple dwelling, apartments, apartment houses, rooming
and boarding houses including among others, garages, sheds, and
similar accessory structures, which by reason of inadequate
maintenance, dilapidation, obsolescence, or abandonment, are
unsafe, unsanitary, or which constitute a fire hazard, or are
otherwise dangerous to human life and are no longer adequate for
the purpose for which they were originally intended. It is the
intent of the definition to include any and all structures as may
legally come within the scope of the definition of structures as
set forth in this section.
Dwelling means any building which is wholly or partly used
for or intended to be used for living or sleeping by human
occupants whether or not such building is occupied or vacant;
provided that temporary housing shall not be regarded as a
dwelling. "Dwelling" shall be construed as if followed by the
words "or part thereof ".
Dwelling unit means any room or group of rooms within a
dwelling and forming a single habitable unit with facilities
which are used or intended to be used for living, sleeping,
cooking, and eating, whether or not such unit is occupied or
vacant. "Dwelling unit" shall be construed as if followed by the
words "or part thereof ".
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Exit corridor means any corridor or passageway used as an
integral part of the exit system. That portion of a corridor or
passageway which exceeds the allowable distance of travel to an
exit, becomes an exit corridor or passageway.
Exterior wall means a wall, bearing or non - bearing, which is
used as an enclosing wall for a building, but which is not
necessarily suitable for use as a party wall or fire wall.
Extermination means the control and extermination of
insects, rodents, or other pests by eliminating their harborage
places; by removing or making inaccessible materials that may
serve as their food; by poisoning, spraying, fumigating,
trapping, or by any other recognized and legal pest elimination
methods as approved by the building official.
Family means in addition to customary domestic servants,
either:
(1) An individual or two (2) or more persons related by
blood, marriage, adoption, maintaining a common
household in a dwelling unit; or
(2) A group of not more than four (4) persons who are not
related by blood, marriage or adoption, living together
as a common household in a dwelling unit; or
(3) A group of not more than eight (8) unrelated mentally
retarded or physically handicapped persons which may
include two (2) additional persons, acting as house
parents or guardians, who need not be related to each
other, or to any of the mentally retarded or physically
handicapped persons in the group.
Floor area means the total area of all habitable space in a
room, building or structure.
Flue means a vertical passageway for products of combustion.
Foundation wall means a wall below the first floor extending
below the adjacent ground level and serving as support for a
wall, pier, column, or other structural part of a building.
Garbage means the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
Grade with reference to a building means, when the curb
level has been established the mean elevation of the curb level
opposite those walls that are located on, or parallel with and
within fifteen (15) feet of street lines; or when the curb level
has not been established, or all the walls of the building are
more than fifteen (15) feet from street lines, "grade" means the
average of the finished ground level at the center of all walls
of a building.
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Habitable room means a room or enclosed floor space used or
intended to be used for living, sleeping, cooking, or eating
purposes, excluding bathroom, water closet compartments,
laundries, pantries, foyers, or communicating corridors, closets,
and storage.
Heating furnaces and boilers includes warm air furnaces,
floor- mounted direct -fired unit heaters, hot water heaters, and
steam boilers operating at not in excess of fifteen (15) pounds
of gauge pressure, used for heating of buildings or structures.
Infestation means the presence within or around a dwelling,
of termites, beetles, insects, rodents, or other pests.
Multiple dwelling means any building, or portion thereof,
which is designed, built, rented, leased, let or hired out to be
occupied, or which is occupied as the home or resident of two (2)
or more families living independently of each other and doing
their own cooking in the building. "Multiple dwelling" includes
flats and apartments.
owner means:
(1) The holder of the title in fee simple and any person,
group of persons, company, association or corporation
in whose name tax bills on the property are submitted
and /or;
(2) Any person who, alone or jointly or severally with
other has legal title to any dwelling or dwelling unit,
with or without accompanying actual possession thereof,
and /or;
(3) Has charge, care or control of any dwelling or dwelling
unit, as owner, executor, executrix, administrator,
trustee, guardian of the estate of the owner, mortgagee
or vendee in possessions, assignee of rents, lessee, or
other person of a building, or their duly authorized
agent. Any such person thus representing the actual
owner shall be bound to comply with the provisions of
this article and of rules and regulations adopted
pursuant thereto, to the same extent as if he were the
owner. It is his responsibility to notify the actual
owner of reported infractions pertaining to the
property which apply to the owner.
occupant means any person over one (1) year of age, living,
sleeping, cooking, or eating in, and having legal possession of a
dwelling unit or rooming unit.
Openable area means that part of a window or door which is
available for unobstructed ventilation and egress which opens
directly to the outdoors.
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Operator means any person who has charge, care or control of
a building or part thereof, in which dwelling units, or rooming
units are let.
Ordinary minimum winter conditions means the temperature
twenty (20) degrees Fahrenheit above the lowest recorded
temperature for the previous fifteen -year period.
Plumbing means the practice materials, and fixtures used in
the installation, maintenance, extension, and alteration of all
piping fixtures, appliances, and appurtenances in connection with
any of the following: sanitary drainage or storm drainage
facilities, the venting system and the public or private water
supply systems, within or adjacent to any building, structure or
conveyance; also the practice and materials used in the
installation, maintenance, extension or alteration of stormwater,
liquid waste, or sewage, and water supply systems of any premises
to their connection with any point of public disposal or other
acceptable terminal.
Premises means a lot, or parcel of land including the
buildings or structures thereon. "Premises" shall be construed
as if followed by the words "or part thereof ".
Public area means an unoccupied open space within or
adjoining a building and on the same property, that is
permanently maintained accessible to the fire department or other
emergency personnel and free of all encumbrances that might
interfere with its use.
Repair means the replacement of existing work with current
acceptable material, not including additional work, that would
change the structural safety of the building, or that would
affect or change required exit facilities, a vital element of an
elevator, plumbing, gas, piping, wiring or heating installations,
or that would be in violation of law or ordinance. The term
"repair" shall not apply to any change of construction.
Required means necessitated by some provision of this
article.
Residential occupancy means buildings in which families or
households live. Such buildings include dwelling and multiple
dwellings.
Rooming house means any place or building, or structure
consisting of four (4) or more rooms that are used, maintained or
advertised to the public where sleeping accommodations are
offered to, or provided for guests for pay.
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Rooming unit means any room or group of rooms forming a
single habitable unit used for or intended to be used for living
and sleeping, but not for cooking or eating purposes. "Rooming
unit" shall be construed as if followed by the words "or part
thereof ".
Rubbish means combustible and noncombustible waste
materials, except garbage, and the term shall include the residue
from the burning of wood, coal, coke, and other combustible
material, paper, rags, cartons, boxes, wood excelsior, rubber,
leather, tree branches, yard trimmings, tin cans, metal, mineral
matter, glass crockery and dust.
Stairway means one (1) or more flights of stairs either
exterior or interior with the necessary landings and platforms
connecting them, to form a continuous and uninterrupted passage
from one (1) story to another in a building or structure.
Structure means that which is built or constructed, an
edifice or building of any kind, or any piece of work
artificially built up or composed of parts, joined together in
some definite manner. The term "structure" shall be construed as
if followed by the words "or part thereof ".
Substandard dwelling or structure means a dwelling unit,
multiple dwelling, apartment, apartment house or any other space
used or intended to be used as habitable living space in any
building or structure which does not meet the basic requirements
of this article for such use.
Supplied means paid for, furnished, or provided by or under
control of, the owner or operator.
Temporary housing means any tent, trailer, or other
structure used for human shelter which is not attached to the
ground, to another structure, or to any utilities system on the
same premises for more than thirty (30) consecutive days.
Unsafe dwelling or structure means a dwelling, dwelling
unit, multiple dwelling, apartments, apartment houses, rooming
and boarding houses including among others, garages, sheds, and
similar accessory structures, which by reason of inadequate
maintenance, dilapidation, obsolescence, or abandonment, are
unsafe, unsanitary, or which constitute a fire hazard, or are
otherwise dangerous to human life and are no longer adequate for
the purpose for which they were originally intended. It is the
intent of the definition to include any and all structures as may
legally come within the scope of the definition of structures as
set forth in this section.
Valuation or value as applied to a building means the
estimated cost to replace the building in kind.
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Vent pipe as applied to heating, means a pipe for removing
products of combustion from gas appliances.
Ventilation means the process of supplying and removing air
by natural or mechanical means to or from any space.
Writing includes handwritten, printed and typewritten.
Yard means the open exterior unoccupied space located on the
same property occupied by a building.
Section 2. Section 8 -336 is hereby amended to read as
follows:
Section 8 -336 Utility Services To Unsafe Dwellings or
Structures
The city shall not provide, nor permit another to provide
(either public or private) utility services such as water, gas,
and electricity, sewer, etc., to any dwelling unit having been
declared unsafe and becoming vacant until such dwelling unit has
been inspected and brought into compliance with this article.
The requirement shall not preclude the temporary use of such
utility services as may be deemed necessary during construction,
repair or alteration. The building official shall be responsible
for making the determination as to when such "temporary services"
may be necessary.
SECTION 3. Section 8 -357 is hereby amended to read as
follows:
Section 8 -357 inspections
(a) The building official shall make or cause to be made
inspections to determine the condition of dwellings, dwelling
units, rooming houses, boarding houses, and premises in the
interest of safeguarding the health and safety of the occupants
of dwellings and of the general public. For the purpose of
making such inspection, the building official is hereby
authorized to enter, examine, and survey at all reasonable times,
all dwellings, dwelling units, rooming houses, boarding houses
and premises. The owner or occupant of every dwelling unit,
dwelling, boarding or rooming unit, or the person in charge
thereof, shall give the building official free access to such
dwelling, dwelling unit, or rooming unit or boarding house and
its premises, at all reasonable times for the purpose of such
inspection, examination, and survey.
(b) No building, plumbing, electrical, gas, or other permit,
as may be required for an addition, alteration or repair of an
existing unsafe dwelling unit shall be issued until such time as
an inspection of the property has been made to determine the
feasibility of rehabilitation of such dwelling unit.
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(c) It shall be unlawful for any person to interfere with,
molest, injure, harass, obstruct, or prevent the building
official or his duly authorized representative in the discharge
of his duties.
SECTION 4. Section 8 -379 is hereby amended to read as
follows:
Section 5 -379 Meetings
The housing board of adjustments and appeals shall hold
meetings on call at which meetings all appeals on file shall be
considered and acted upon by the board. Regular or special
meetings may be called by the chairman at any time. Reasonable
notice of the place, time and date of such meetings shall be
given all the members of the board and all appellants in each
case to be heard by the board.
SECTION 5. Section 8- 384(h) is hereby added to read as
follows:
(h) It shall be the responsibility of the appellant to
notify all interested parties of his appeal. Furthermore, the
appellant must provide the secretary of the board no less than
twenty -four (24) hours prior to the hearing a list of said
parties and their interest.
SECTION 6. Section 8 -401 is hereby amended to read as
follows:
Section 5 -401 Compliance
Except as otherwise provided no person shall occupy as
owner - occupant or let or sublet to another for occupancy any
dwelling or dwelling unit designed or intended to be used for the
purpose of living, sleeping, cooking, or eating therein, nor
shall any vacant dwelling building be permitted to continue which
does not comply with the requirements of this article or related
articles.
SECTION 7. section 8 -402 (a)(b)(c) and (g) are hereby
amended to read as follows:
Section 8 -402 rooming and boarding houses
(a) Generally. No person shall operate a rooming or
boarding house, or shall occupy or let or sublet to another for
occupancy any rooming unit in any rooming or boarding house,
except in compliance with the provisions of every section of this
article except the provisions of sections 8 -403 and 8 -407.
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If food preparation and /or eating facilities are provided,
they shall be required to meet the requirements set forth under
the rules and regulations pertaining to food service
establishments as regulated by the Ark. State Health Department.
(b) License. No person shall operate a rooming house or
boarding house unless he holds a valid rooming or boarding house
license.
(c) Water closet, lavatory and bath facilities.
(1) At least one (1) flush water closet, lavatory basin, and
bathtub or shower, properly connected to a water and sewer
system and in good working condition, shall be supplied for
each four (4) rooms within a rooming or boarding house
wherever the facilities are shared.
(2) All such facilities shall be located on the floor they
serve within the dwelling so as to be reasonably accessible
from a common hall or passageway to all persons sharing such
facilities.
(3) The water closet, tub or shower and lavatory shall be
located in a room with an approved door and locking
mechanism to provide privacy to the user.
(g) Sanitary conditions. The operator of every rooming or
boarding house shall be responsible for the sanitary maintenance
of all walls, floors, ceilings, and premises, and shall be
further responsible for the extermination of all insects, rodents
or other pests where the entire structure or building is leased,
occupied or controlled by the operator.
SECTION S. Section 8- 403(a)(c)(d) and (e) is hereby amended
to read as follows:
(a) Sanitary facilities required. Every dwelling unit shall
contain not less than a kitchen sink, lavatory, tub or shower and
a water closet all in good working condition and properly
connected to any approved water and sewer system. Every plumbing
fixture and water and waste pipe shall be properly installed and
maintained in good sanitary working condition, free from defects,
leaks, and obstructions.
(c) Hot and cold water supply. Every dwelling unit shall
have connected to the kitchen sink, lavatory, and tub or shower
an adequate supply of both cold water and hot water. All water
must be supplied through an approved pipe distribution system
connected to an approved potable water supply.
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(d) Water heating facilities. Every dwelling shall have
water heating facilities which are properly installed and
maintained in a safe and good working condition and are capable
of heating water to such a temperature as to permit an adequate
amount of water to be drawn at every required kitchen sink,
lavatory basin, bathtub or shower at a temperature of not less
than one hundred twenty (120) degrees Fahrenheit. All water
heaters shall be equipped with approved temperature and pressure
relief valves, and a relief line of proper size leading to a safe
area for discharge.
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(e) Heating facilities. Every dwelling unit shall have
heating facilities which are properly installed and maintained in
safe and good working condition, or shall be provided with
sufficient fireplaces, chimneys, flues, or gas risers whereby
heating appliances may be connected so as to furnish a minimum
temperature of sixty -eight (68) degrees Fahrenheit in all
habitable rooms and bathrooms, measured at a point three (3) feet
above the floor during ordinary winter conditions. Shut -off
valves are required and are to be capped or plugged when not
connected to an appliance.
SECTION 9. Section 8- 404(a) and (d) are hereby amended to
read as follows:
(a) Light and ventilation. Every habitable room shall have
at least one (1) window or skylight facing directly to the
outdoors. The minimum total window area, measured between stops,
for every habitable room shall be eight percent (8 %) of the floor
area of such room. Whenever walls or other portions of
structures face a window of any such room and such light
obstruction structures are located less than five (5) feet from
the window and extend to a level above that of the ceiling of the
room, such a window shall not be deemed to face directly to the
outdoors and shall not be included as contributing to the
required minimum total window area. Whenever the only window in
a room is a skylight -type window in the top of such room, the
total window area of such skylight shall equal at least fifteen
percent (15%) of the total floor area of such room. In owner -
occupied dwellings, the owner may apply for an exemption from the
provisions of this subsection.
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(d) Electric lights and outlets
(1) Every dwelling shall
convenience receptacles.
dwelling shall contain at 1
type electric outlets. E
laundry room, furnace ro
porches shall contain at 1
wall type electric light f
Every bathroom must provide
(2) feet of the lavatory,
light fixture with wall
fixture shall be properly
good safe working order,
source of electric power
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be wired for electric lights and
Every habitable room of such
east two (2) duplex floor or wall
very kitchen, bathroom, bedroom,
om, corridors or hallways, and
east one (1) supplied ceiling or
ixture with approved wall switch.
one (1) duplex outlet within two
and one (1) ceiling or wall type
switch. Every such outlet and
installed, shall be maintained in
and shall be connected to the
in a safe manner. In owner-
occupied dwellings, the owner may apply for an
from the provisions of this paragraph.
exemption
(2) When enforcing authority feels that installation of a
wall switch is impractical an approved ceiling mounted pull -
chain type light fixture may be used except in the bathroom
and /or over kitchen sinks and on the exterior.
(3) Every exterior exit shall be provided with adequate
exterior lighting controlled by an interior mounted switch
at each exit.
SECTION 10. Section 8- 405(b) is hereby amended to read as
follows:
(b) Where the determination is made, upon examination of the
existing electrical service supply, that such service supply is
obsolete or is being used in such a manner as would constitute a
hazard to the occupants or would otherwise constitute a hazard to
life and property; the minimum capacity of the service and the
main disconnect switch shall be increased to adequately carry the
total load required in accordance with the electrical code of the
city.
SECTION 11. Section 8 -406 is hereby amended to read as
follows:
Section 8 -406 Minimum dwelling space requirements
(a) Required space in dwelling unit. Every dwelling unit
shall contain at least one hundred fifty (150) square feet of
floor space for the first occupant thereof and at least one
hundred (100) additional square feet of floor space per
additional occupant. In owner- occupied dwellings, the owner may
apply for an exemption from the provisions of this subsection.
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(b) Required space in sleeping rooms. In every dwelling
unit of two (2) or more rooms, every room occupied for sleeping
purposes by one (1) occupant shall contain at least (70) square
feet of floor space. Every room occupied for sleeping purposes
by more than one (1) occupant shall contain at least fifty (50)
square feet of floor space for each occupant thereafter. In
owner- occupied dwellings, the owner may apply for an exemption
from the provisions of this subsection.
(c) Minimum ceiling height. At least one -half of the floor
area of every habitable room, foyer, hall or corridor shall have
a ceiling height of a least seven (7) feet and the floor area of
that part of any room where the ceiling is less than seven (7)
feet shall not be considered as part of the floor area in
computing the total area of the room for the purpose of
determining the maximum permissible occupancy thereof. In owner -
occupied dwellings, the owner may apply for an exemption from the
provision of this subsection.
(d) occupancy of dwelling and unit below grade. No basement
space shall be used as a habitable room or dwelling unit unless:
(1) The floor and walls are impervious to leakage of
underground surface run -off water and are insulated against
dampness.
(2) The total window area in each room is equal to at least
the minimum window area size required in section 8 -404,
subsection (a).
(3) Such required minimum window area is located entirely
above the grade of the ground adjoining such window area.
(4) The total of openable window area in each room is equal
to at least the minimum as required under section 8 -404,
subsection (b) except where there is supplied some other
device affording adequate ventilation.
SECTION 12. Section 8 -423 is hereby amended to read as
follows:
Section a -423 Roofs and overhangs
Roofs and overhangs shall be maintained in
be structurally sound and have no defects which
or cause dampness in the walls or interior
building.
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a safe manner and
might admit rain
portion of the
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SECTION 13. Section 8 -424 is hereby amended to read as
follows:
section 8 -424 Means of egress
Every dwelling unit shall have safe, unobstructed means of
egress with minimum ceiling height as required by the building
code, leading to a safe and open space at ground level.
Habitable areas above two (2) stories shall have an approved
auxiliary means of exit leading to a safe and open space at
ground level.
SECTION 14. Section 8 -426 is hereby amended to read as
follows:
Section 8 -426 Protective railings
Protective and intermediate railings shall be required on
any unenclosed structure over thirty (30) inches above the ground
level or on any steps containing four (4) risers or more. In
owner - occupied dwellings, the owner may apply for an exemption
from the provisions of this section.
SECTION 15. Section 8 -427 is hereby amended to read as
follows:
Section 8 -427 Windows and doors
Every window, exterior door and basement door and hatchway
shall be weathertight, and rodent proof, and shall be kept in
sound working condition and in good repair, and shall be provided
with proper hardware and locking devices.
SECTION 16. Section 8- 431(c) is hereby amended to read as
follows:
(c) In owner - occupied dwellings, the owner may apply for an
exemption from the provisions of this section.
SECTION 17. Section 8 -433 is hereby amended to read as
follows:
Section a -433 Interior floors, walls, and ceilings
Every interior floor, wall, and ceiling shall be rodent
proof and, shall be kept in sound condition and good repair, and
be properly covered or finished to allow adequate sanitary
conditions, and shall be safe to use and capable of supporting
the load which normal use may cause to be placed thereon. Floors
in rooms where plumbing fixtures and /or plumbing pipes are
located must have a water impervious covering or finish.
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SECTION 18.
follows:
� r
Section
8 -435 is hereby amended
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to read as
Section B -435 Protective railings for interior stairs.
Interior stairs and stairwells more than four (4) risers
high shall have handrails located in accordance with the
requirements of the building code. Handrails or protective
railings shall be capable or bearing normally imposed loads and
be maintained in good condition. In owner- occupied dwellings,
the owner may apply for an exemption from the provisions of this
section.
SECTION 19. Severability. The sections of this ordinance
shall be severable. In the event any section of this ordinance
is found by a Court of competent jurisdiction to be
unconstitutional, the remaining sections of this ordinance are
valid, unless the Court finds the valid sections, of this
ordinance are so essentially and inseparably connected with and
so dependent upon the void section that it cannot be presumed
that the Board would have enacted the valid sections without the
void ones; or unless the Court finds that the valid sections,
standing alone, are incomplete and are incapable of being
executed in accordance with the legislative intent.
SECTION 20. Emergency Clause. This ordinance, being deemed
necessary for the immediate preservation of the public welfare,
is hereby declared to be an emergency measure and shall become
effective immediately upon passage and approval by the Board of
Directors.
PASSED: January 21, 1992
ATTEST:
ROBBIE HANCOCK, CITY CLERK
APPROVED AS TO FORM:
THOMAS M. CARPENTER
CITY ATTORNEY
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APPROVED:
SHARON PRIEST, MAYOR