201312099946323 Received: 71912009 10:26:52 AM
Recorded: 0710912009 10:46:13 AM Filed &
Recorded in Official Records of PAT C'ERIEN,
PULASKI COUNTY CIRCUITICt3UNTY CLERK
1 ORDINANCE NO. 20,11f 0.00
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3 AN ORDINANCE TO RATIFY THE LEVYING OF A $20.00 FINE ON PERSONS
4 FOUND GUILTY OF, OR PLEADING GUILTY OR NOLO CONTENDERE TO,
5 OR FORFEITING BOND FOR ANY MISDEMEANOR OR TRAFFIC
6 VIOLATION IN THE DISTRICT COURTS OF PULASKI COUNTY AS
7 ENACTED BY THE PULASKI COUNTY QUORUM COURT IN ORDINANCE
8 NO. 09 -OR -22 (FILED APRIL 30, 2009) ; DECLARING AN EMERGENCY; AND
9 FOR OTHER PURPOSES.
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11 WHEREAS, Act 209 of 2009 (effective July 1, 2009), which amends Ark. Code Ann. § 16 -17 -129,
12 authorizes cities, towns, and counties to increase the fine imposed upon certain defendants in district and
13 city courts from $5.00 to $20.00 with revenues to be used for the cost of incarcerating city prisoners or for
14 the cost of maintenance, operation, and capital expenditures of the regional detention facility; and
15 WHEREAS, the Pulaski County Quorum Court adopted Ordinance Number 09 -OR -22 (filed April
16 30, 2009) to levy a fine of twenty ($20.00) dollars from each defendant who pleads guilty or nolo
17 contendere to, is found guilty of, or forfeits bond for any misdemeanor or traffic violation in the district
18 courts or city courts of the County: and
19 WHEREAS, due to the ambiguous legal history of this statute as to which courts it is to apply, the
20 City Board of Directors, in an abundance of caution, desires to ratify the action of the Pulaski County
21 Quorum Court and authorize the imposition of this $20.00 fine for the Little Rock District Courts, and
22 WHEREAS, such fines are to be used for the maintenance, operation, and capital expenditures of
23 the regional detention facility, which houses city prisoners.
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
25 OF LITTLE ROCK, ARKANSAS:
26 Section 1. Pulaski County, Arkansas Ord. No. 09 -OR -22 which imposes a $20.00 fine for certain
27 defendants in district courts and city courts of the County is ratified and shall apply to the Little Rock
28 District Courts.
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Section 2. The City Manager and City Treasurer are directed to work with the Little Rock District
Courts and Pulaski County to ensure a smooth and effective implementation of the County Ordinance.
Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
,601111 f t
word of this ordinance is declared or adjudged to be invalid or unconstitutional, such decla`t%,601%J111
o$
adjudication shall not affect the remaining portions of this ordinance, which shall remain in fi 4 c
Ordinance
To ratify Pulaski County Ord. 09- OR -22.
Authorizes $20.00 fine in LRDC
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effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of this
ordinance.
Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent
with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
Section 5. Emergency Clause. Whereas, it is hereby found and determined that an increase in the
penalty amounts authorized pursuant to Act 209 of 2009 is necessary to pay for the increase costs of the
regional detention facility, which houses city prisoners; therefore an emergency is hereby declared and
this Ordinance shall take effect immediately, July 7, 2009.
PASSED: July 7, 2009
ATTEST:
usan La610ctins City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, CityVAttorney
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Ordinance
To ratify Pulaski County Ord. 09- OR -22.
Authorizes $20.00 fine in LRDC
[PAGE 2 OF 2]
APPROVED:
Mark Stodola, Mayor