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5525/ rr ORDINANCE N0. 5525. AN ORDINANCE FOR THE BETTER REGULA T'I Or, OF AUTOMOBILE TRAF,IC; PROVIDING FOR SEMI - ANNUAL INSPECTION OF ALL AUTOMOBILES; FIX- ING A FEE THEREFOR; SETTING CERTAIN SAFETY REQUIREMENTS FOR LIGHTS, BRAKES, HORNS; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARK: SECTION 1. Definition of Words and Phrases. - The following words and phrases, when used in this ordinance, shall, for the purpose of this ordinance, have the meanings respectively ascribed to them as follows: (a) Motor Vehicles. - Every vehicle, including motorcycles, which is self - propelled and every vehicle which is propelled by electric power obtained. from overhead trolley wires, but not operated upon rails. (b) Person. - Every natural person, firm, copartnership, association, or corporation. (c) Driver. - Every person who drives or is in actual physicial control of a motor vehicle. (d) Owner. - A person who holds the legal title to a motor vehicle, including a conditional vendee, pledgee, mortgagee, lessee, or mortgagor, in possession of said vehicle. (e) State Police Department. - The Department of State Police of the State of Arkansas. (f) City Police Department. - The Police Department of the City of Little Rock. SECTION 2. The Motor Vehicle Inspection Bureau of the City of Little Rock is hereby authorized and directed to establish at a con- venient place or places within the City, one or more stations where tests of motor vehicles may be made; to provide such mechanical devices and equipment at such station as shall be sufficient to make, with precision, lawful tests of motor vehicles; to conduct such tests as are authorized by the motor vehicle laws of the State of Arkansas; to provide for such personnel to make such tests and to operate the said station as may be necessary and efficient to perform the duties authorized by this ordinance or by law; and to prepare and furnish certificates or stickers to be attached to those motor vehicles successfully passing the safety tests required by law. SECTION 3. When said station shall be prepared for the - 2 - testing of motor vehicles, the Motor Vehicle Inspection Bureau shall give notice to the vehicle owners to be affected, of such readiness for testing, which notice shall designate the location of the established testing station, the date on which inspections shall begin, and the hours and days during which said stations will be open for the conduct of said tests. Notice thereof shall be published at least once in each of two newspapers of general circulation, printed and published in the City of Little Rock, not less than five days before the date upon which said stations shall be open for tests. Said notice may contain any other information which the said Superin- tendent of .Rotor Vehicle Inspection Bureau mar deem advisable to publish. SECTION 4. The inspection of motor vehicles required by this ordinance shall include brakes, lights, signalling devices, windshield wi-oers, rear vision mirrors, reflectors, steering mechanism, wheel alignment and tires, and such other safety factors as may enable the inspection officers to determine whether each vehicle inspected is safe for operation within this City. (b) - All motor vehicles operated upon the streets of the City of Little Rock shall, when lights are required, use their city or passing head lamp beams. In addition every vehicle shall have in good working condition a stop light of red or amber color operating when the brake -pedal is depressed to a certain extent. SECTION 5. Every licensed motor vehicle operated within the corporate limits of this City, owned by a resident (other than vehicles owned and used by the United States Government or of this State or County), or by any person employed in the City, or by any person, firm, or corporation, maintaining; in the City a place of business, or transacting his personal business in the City, shall be presented, at least twice each year, at an established station for inspection. The inspection periods shall begin Parch 1 and September 1, provided, however, that the first inspection date shall be August 2, 1937; and thereafter the inspection dates shall be March 1 and September 1. Within the period of three months following each of said dates, all resident owners of motor vehicles, trailers,and semi- trailers, I - 3 - must submit such vehicles to inspection and obtain for each such vehicle a certificate of inspection and a1�proval duly issued by an attendant at the testing station. Thereafter and until the next succeeding inspection period, every resident owner of such vehicle must display said certificate either upon the lower righthand corner of the windshield thereof or in such other position, so as to be visible from the outside of said vehicle, the place of display to be fixed by the Motor Vehicle Inspection Bureau. SECTION 6. If, on inspection, a motor vehicle is found by test to meet the standards of safety, fixed by lawful authority, the Motor Vehicle Inspection Bureau shall issue a certificate or sticker evidencing the successful passage of inspection and the date thereof, which certificate or sticker shall thereafter be conspicuously displayed at such place upon or in such motor vehicle as directed by the said Motor Vehicle Inspection Bureau. So long as such motor vehicle shall remain in service, it shall be unlawful to alter, remove, forge, imitate, deface, destroy, cover up, or mutilate such certificate or sticker until the said vehicle has again successfully passed inspection. In the event that any duly authorized and issued certi- ficate shall be lost, damaged, or destroyed, the owner of such vehicle shall, within 24 hours, return said vehicle to an official testing station for a new test; and if said motor vehicle shall again meet the test reo_uirements prescribed by law, the Superintendent of Bureau, without cost, shall issue a new certificate to the owner. In the event that such motor vehicle is found to be in an unsafe condition or improperly equipped, the inspector in the station shall give a written notice to the driver and shall send a copy thereof to the State Police Department, and shall affix to the windshield of said vehicle a red sticker dated, not less than three inches in diameter, said sticker reciting that said vehicle is in an unsafe condition. Said notice shall require that such vehicle be placed in a safe condition and its equipment in proper repair and adjustment; and that a certificate of inspection and approval. for such vehicle be obtained within five days. Every owner or driver upon receiving such notice shall comply therewith; and within said five days secure an endorsement upon such notice at an official inspection station that such vehicle is in safe condition and its equipment in proper repair and adjustment, and shall send said. notice to the State Police Department and remove said red sticker. No person shall operate any vehicle after receiving a notice with reference thereto as above provided, except as may be necessary to return such vehicle to the residence or place of business of the owner or driver, if within a_ distance of 20 miles, or to a garage, until said vehicle and its equipment has been placed in proper repair and adjustment and otherwise made to conform to all lawful requirements. SECTION 7. For each test and inspection, the owner of the motor vehicle shall. pay a fee of 50¢, which shall be paid when vehicle Dazes inspection and official sticker is attached by an official at the testing station. Thereafter, said fees shall be turned over to the Collector of the City of Little Rock for general revenue fund. SECTION 8. It shall be unlawful for any person to use any such testing station or the equipment thereof for the purpose of making rep -,irs to motor vehicles. SECTION 9. It shall be unlawful for any officer or employee of the City of Little Rock who is engaged, directly or indirectly, in the making of the inspections and tests, to recommend or sugLrest, while in the performance of his testing and inspection duties, the name of any person, firm, or corporation, engaged in the business of repairing; motor vehicles. SECTION 10. It shall be unlawful for any person, firm, or corporation, to advertise for or solicit motor vehic7,e repair work on the premises of any inspection station or upon the highway immediately adjacent thereto. SECTION 11. Penalties. — (a) It shall be a misdemeanor for any person to violate any of the provisions of this ordinance. (b) Every person convicted of a misdemeanor herein shall for first conviction be punished by a. fine of not more than $100.00 or by imprisonment for not more than 10 days; for a second such conviction within 1 year thereafter such person shall be punished by a fine of not more than $200.00 or by imprisonment for not more 5_ than 20 days or by both such fine and imprisonment; upon a third or subsequent conviction within 1 year after the first conviction such person shall be punished by a fine of not more than $500.00 or by imprisonment for not more than b months or by both such fine and imprisonment. SECTION 12. Constitutionality. - If any part or -Darts of this ordinance be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts hereof. SECTION 13. Repeal. - The existing ordinances covering the same ,natter as embraced herein, are hereby repealed; and all ordinances or parts thereof inconsistent with this enactment are hereby , rep ea.led. SECTION 14. This ordinance is for the safety of pedestrians and persons riding in automobiles and an emergency is therefore de- clared to exist and this ordinance is found to be necessary for the immediate preservation of the public peace, health and safety and the same shall be in full force and effect from and after its passage, approval and publication. Passed: December 20, 1937 Attes City Clerk. Approved: Mayor.