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1 ORDINANCE NO. 19,115
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3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE
4 SECTION 18 -113 TO PROVIDE FOR A SEVEN -DAY NOTICE
5 PERIOD FOR GRAFFITI ABATEMENT; AND FOR OTHER
6 PURPOSES.
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8 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, has
9 declared that the existence of graffiti within the city limits of the City of Little Rock is a
10 public and private nuisance, and
11 WHEREAS, the Board of Directors desires to minimize the overall graffiti level
12 within the city limits by reducing the notice period for graffiti abatement from thirty
13 (30) days to seven (7) days in accordance with Ark. Code Ann. § 14 -54 -903.
14 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
15 OF THE CITY OF LITTLE ROCK, ARKANSAS:
16 Section 1. The existing Section 18 -113 of Little Rock, Arkansas Revised Code
17 (1988) is hereby deleted in its entirety and the following language shall be substituted
18 therefor:
19 Sec. 18 -113. Unlawful to apply graffiti. '
20 It shall be unlawful for any person to apply graffiti on any public or
21 privately owned structure located on public or privately owned real
22 property within the city. The existence of graffiti within the city limits of
23 the City of Little Rock is hereby declared to be a public and private
24 nuisance, and may be abated according to the provisions and procedures
25 contained herein pursuant to state law.
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Aeduad notice period foe ydfiti ebabmmt
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(1) Right of city to require removal by property owner. It shall be unlawful
2
for any person who is the owner or who has primary responsibility
3
for control of property or who has primary responsibility for the
4
repair or maintenance or property ( "responsible party") to permit
5
property which is defaced with graffiti to remain so defaced for a
6
period of seven (7) days after notice by the city that the property is
7
defaced with graffiti.
8
(2) Right of city to use public funds to remove.
9
a. Right of entry on private property. If after proper notice a responsible party
10
fails to remove graffiti within the time specified in this article, the city
11
shall have the right to enter upon any property for the limited purpose
12
of removing graffiti that is within the public view.
13
b. Use of public funds. Whenever graffiti located on public or privately
14
owned property is viewable from a public place within the city, the city
15
manager, or his designee, may direct the use of public funds for the
16
removal of same, or for the painting or repairing of same, provided that
17
the city manager shall not authorize or undertake to provide for the
18
painting or repair of any more extensive area than that where the graffiti
19
is located. If the city manager, or his designee, determines in writing
20
that a more extensive area is required to be repainted or repaired in
21
order to avoid an aesthetic disfigurement to the neighborhood or
22
community and the responsible party deposits monies to pay for the
23
costs of repainting or repairing, a more extensive area may be repainted
24
or repaired.
25
(c) Lien against the property. Expenses incurred by the city under this section
26
shall be charged to the owner of the premises involved and shall be
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1 collected in the manner as provided in Section 20 -3 of the Little Rock,
2 Arkansas Revised Code.
3 Section 2. Severability. In the event any title, section, paragraph, item,
4 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
5 or unconstitutional, such declaration or adjudication shall not affect the remaining
6 portions of the ordinance which shall remain in full force and effect as if the portion so
7 declared or adjudged invalid or unconstitutional was not originally a part of the
8 ordinance.
9 Section 3. Repealer. All ordinances, resolutions, bylaws, and other matters
10 inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
11 PASSED: May 18, 2004
12 ATTEST: APPROVED:
13
14
15 Nancy Woo , City Clerk
16
17 APPROVED AS TO LEGAL FORM:
18
19
20 Thomas M. Carpenter, City Attorney
21 H
22 H
23 11
24 H
25 H
26 H
27 H
Jim D ' ey, Mayor
[PAGE 3 OF 3]
Ordinance
Reduced notice period for graffiti abatement