202812010032913 Received: 6/7/2010 9:41:37 AM
Recorded. 06,10712010
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Recorded in Official 09 :50,1w AM Filed &
Records of PAT O-F3RIEI,,,J,
ORDINANCE NO. 20,281 PULASKI COUNTY CIRCUITICOUNTY CLERK
Fees $20.00
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3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE § 36-3
4 (1988) TO INCLUDE WITHIN THE DEFINITION OF "PAROLEE OR
5 PROBATIONER HOUSING FACILITY," A REFERENCE TO THE MEANS
6 OF PAROLE FOR ALL PERSONS REGARDLESS OF THE PAROLING
7 AGENCY; AND FOR OTHER PURPOSES.
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9 WHEREAS, the City of Little Rock, Arkansas, as a part of its comprehensive zoning ordinances,
10 includes a definition of "Parolee or probationer housing facility," that intends to list all the means of
11 parole or probation that a person may be under so an appropriate decision can be made on the issuance of
12 a special use permit; and,
13 WHEREAS, since this term has been defined changes in state law require that the definition include
14 all other types of parole release or probation; and,
15 WHEREAS, to clarify the intent of the City it is important to amend this definition to be more
16 inclusive, and to make it applicable to pending and future applications;
17 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
18 OF LITTLE ROCK, ARKANSAS:
19 Section 1. The definition of Parolee or probationer housing facility contained in
20 Rev. Code § 36-3 (1988) is hereby amended to read as follows:
21 Parolee or probationer housing facility means a residential facility dedicated:: to
22 providing housing for:
23 (a) (i) at least one (1) or more parolees who have been released from a state or,
24 federal institution or program for the violation of any penal statute; or,
25 (ii) at least one (1) or more probationers who have been released by a state
26 or federal court to a residential probation program; or,
27 (iii) any combination or parolees or probationers, regardless of whether the
28 facility is exclusively for parolees or probationers; and
29 (b) which includes any type of treatment or rehabilitation program, counseling,
30 or any combination of such programs.
"I For purposes of this chapter, the home of a parolee or probationer, or the
32 home of a family member of such a person, shall not be considered a facility.
33 Section 2. Severability. In the event that any title, section, item, sentence, clause, phrase, or word of
34 this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication
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shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the
portion so declared or adjudged invalid or unconstitutional were not originally a part of the ordinance.
Section 3. Applicability. The definition contained in this Ordinance shall be applicable to any zoning
or permit application where the use of the property, on the effective date of this Ordinance, would meet
the definition of Parolee or probationer housing facility as defined in Section 1 above; further, the
definition shall be applicable to any pending application that would be included within the definition
regardless of the date of filing; further, any application, regardless of how it is styled, shall be governed
by the definition contained in this Ordinance.
Section 4. Repealer. All ordinances and parts of ordinances that conflict with this ordinance are
hereby repealed to the extent of such inconsistency.
PASSED: June 1, 2010
ATTEST:
C�)Sa
n y, 'ty Clerk
APPRO D AS TO LEGAL FORM:
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19 Thomas M. Carpenter, City #torney
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