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HomeMy WebLinkAbout22597 1 ORDINANCE NO. 22,597 2 3 AN ORDINANCE TO AMEND CHAPTER 20, ARTICLE I, §§ 20-1 and 20- 4 2 OF THE LITTLE ROCK REVISED CODE OF ORDINANCES(1988); TO 5 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 6 7 WHEREAS, the Board of Directors (the "Board") of the City of Little Rock, Arkansas (the "City") 8 has adopted Chapter 20 of the Little Rock Code of Ordinances, which defines and sets the penalties for 9 nuisances within the City;and, 10 WHEREAS, there is now a need to amend the ordinance concerning nuisances to allow for the 11 immediate citation of certain nuisances. 12 NOW,THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 13 OF LITTLE ROCK,ARKANSAS: 14 Section 1. Little Rock,Ark., Rev Code Chapter 20, Article 1,Section 20-1 is hereby amended to read 15 as follows: 16 Sec. 20-1.—Penalty. 17 Unless otherwise set out in a specific section, any person convicted of a violation of any of the 18 provisions of this article shall be punished as provided in section 1-9 except as set forth below: 19 (1) a. Parking a vehicle in a residential yard in violation of section 36-513 is a nuisance 20 subject to an immediate citation; 21 b. Any vehicle illegally parked in a residential yard may be cited for the violation of 22 this article,and the owner shall be responsible for any penalties imposed. 23 (2) a. Allowing any person to park a vehicle in a residential yard in violation of section 36- 24 513 is a nuisance subject to an immediate citation; 25 b. Any owner or occupant of a residence who permits any person to park illegally any 26 vehicle in a residential yard may be cited for the violation of this article,and the owner 27 or occupant shall be responsible for any penalties imposed. 28 (3) Any person who pleads guilty or nolo contendere,or who is found guilty at trial of 29 parking a vehicle in a residential yard, or allowing any vehicle to be parked in a residential yard, 30 shall be fined fifty dollars($50.00)and any applicable court costs. 31 (4) a. The presence of grass, weeds,or any other plant that is not cultivated,which has (Page 1 of 31 1 grown to a height greater than ten (10) inches on an individual lot, tract, parcel, or grown in 2 rank profusion upon the premises or in,along upon,or across the abutting sidewalk,parkway 3 or alley in violation of section 20-2 is a nuisance subject to an immediate citation; 4 b. Any owner or occupant of a property who permits grass, weeds, or any other plant that is 5 not cultivated,to grow to a height greater than ten(10)inches on an individual lot,tract,parcel, 6 or to grow in rank profusion upon the premises or in, along upon, or across the abutting 7 sidewalk, parkway or alley in violation of section 20-2 may be cited for the violation of this 8 article,and the owner or occupant shall be responsible for any penalties imposed. 9 (5)a.Any person who pleads guilty or nolo contendere,or who is found guilty at trial of permitting 10 grass, weeds, or any other plant that is not cultivated, to grow to a height greater than ten (10) 11 inches on an individual lot,tract,parcel,or to grow in rank profusion upon the premises or in,along 12 upon, or across the abutting sidewalk, parkway or alley in violation of section 20-2 shall be fined 13 as follows: 14 (i) fifty dollars ($50.00) and any applicable court costs for the first violation within a 15 calendar year; 16 (ii)one hundred dollars($100.00)and any applicable court costs for the second violation 17 at the same individual lot,tract,or parcel within a calendar year; 18 (iii) two hundred dollars ($200.00) and any applicable court costs for the third and all 19 subsequent violations at the same individual lot,tract,or parcel within a calendar year. 20 b. A calendar year is defined as a twelve-month period that begins on January 1 and ends on 21 December 31. 22 Section 2. Little Rock, Ark., Rev Code Chapter 20, Article 1, Sections 20-2(d) and (e) are hereby 23 amended to read as follows: 24 (d) With the exception noted in subsection(e)below,the person responsible for the violation shall 25 be notified by one(1)or more of the following methods: 26 (1) By delivery to the owner,agent or responsible party, personally. 27 (2) By leaving the notice at the usual place, abode or business of the owner, agent or 28 responsible party,with a person of suitable age and discretion. 29 (3) By depositing the notice in the United States mail, addressed to the owner, agent or 30 responsible party,at his last known address by certified mail, postage prepaid thereon. 31 (4)By posting and keeping posted for a period of not less than twenty-four(24)hours,a copy 32 of the notice in a conspicuous place on the premises alleged to be in violation. 33 (5) By depositing the notice in the United States mail, addressed to the owner, agent or 34 responsible party,at his last known address by regular mail with a notarized affidavit stating [Page 2 of 31 1 date mailed, postage prepaid thereon. This form of notice shall only be used in conjunction 2 with one(1)or more other forms of notice permitted by this subsection. 3 (6)Notice under this section shall not apply to a nuisance that is subject to immediate citation 4 under Section 20-1. 5 (e) No further notice, warning, or grace period is required to be given for any alleged repeat 6 violation of the same subsection of this section within the remainder of the same calendar for 7 a period of three hundred and sixty-five(365)days after a notice has been issued. 8 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 9 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 10 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and 11 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 12 ordinance. 13 Section 4.Repealer. All laws, ordinances, resolutions, or parts of the same,that are inconsistent with 14 the provisions of this resolution,are hereby repealed to the extent of such inconsistency. 15 Section 5. Emergency Clause. There is hereby found and declared to be an immediate need for the 16 amendment to the Little Rock,Ark.,Code of Ordinances which benefits the public health,safety,and welfare 17 of the City and the inhabitants thereof It is therefore declared that an emergency exists and this Ordinance, 18 being necessary for the immediate preservation of the public health, safety, and welfare, shall be in force 19 and take effect immediately upon and after its passage. 20 PASSED: April 1,2025 21 ATTEST: APPROVED: 22 23 24 Allison Segars,City C Frank Scott, ., 25 APPROVED AS TO LEGAL FORM: 26 27 `14.1 04, 28 Thomas M. Carpenter,City Atto ey 29 I 30 // 31 // 32 // 33 // (Page 3 of 31