Code of Ordinances
1999
Chapter 1 - General Provisions
Sec. 1-1. How Code designated and cited.
Sec.
1-2. Rules of
construction.
Sec.
1-3. Catchlines of
sections; history notes, etc.
Sec.
1-4. Effect of
repeal of ordinance.
Sec.
1-5. Amendments of
Code; effect of the new ordinances; amendatory language.
Sec.
1-6. Additions and
amendments deemed incorporated in Code.
Sec.
1-7. Supplementation
of Code.
Sec.
1-8. Severability
of parts of Code.
Sec.
1-9. Penalty for
violations.
Sec.
1-10. Certain ordinances not
affected by Code.
Sec. 1-11. Provisions considered continuation of existing ordinances.
Sec.
1-12. Code does not affect
prior offenses, rights, etc.
Sec.
1-1. How Code designated and cited.
The
ordinances embraced in the following chapters and sections shall constitute and
be designated the “Code of Ordinances of Saline County, Arkansas” and may be
so cited.
State
law references - Ordinance
codification, A. C. A.
§
14-14-903(d)
Sec.
1-2. Rules of construction.
In
the construction of this Code, and of all ordinances, the following definitions
and rules of construction shall be observed, unless such construction would be
inconsistent with the manifest intent of the quorum court:
Generally.
All words and phrases are to be construed and understood according to the
common and approved usage of language. Technical
words and phrases and such others as may have acquired a peculiar and
appropriate meaning in the law are to be construed and understood according to
such peculiar and appropriate meaning.
A.C.A. “A.C.A.” means the Arkansas Code of 1987 Annotated.
State
law reference – Designation, etc.,
of state Code, A.C.A. §
1-2-113
Code.
“Code” means the Code of Ordinances
of Saline County, Arkansas, as designated in section 1-1.
Computation
of time. Whenever a notice is
required to be given or an act to be done a certain length of time before any
proceedings shall be had, the day on which such notice is given or such act is
done shall not be counted in computing the time, but the day on which suck
proceeding is to be had shall be counted.
County.
“County” means Saline County, Arkansas.
County
judge. “County judge” means the
county judge of this county.
Delegation
of authority. Whenever a provision
appears in this Code requiring a county officer or county employee to do some
act, it is to be construed to authorize such officer or employee to designate,
delegate and authorize subordinates to perform the required act.
Easement.
“Easement” means a right liberty, privilege or advantage without
profit which the owner of one parcel of land may have in the lands of another.
The term includes a right in the owner of one parcel of land, by reason
of such ownership, to use the land of another for a special purpose not
inconsistent with a general property right in the owner.
Gender.
A word importing the masculine gender only also applies to females and to
firms, partnerships, associations and corporations as well as to males.
Include,
including. “Include”
“including” or any other similar term of inclusion means with limitation or
restriction.
Joint
authority. Words purporting to give
authority to three or more officers or other persons are to be construed as
giving authority to a majority of such officers or other persons, unless it is
otherwise declared.
Law.
“Law” means any statute, ordinance or regulation promulgated by the
United States, the state, the county, the city or any agencies thereof, as well
as the rules and regulations of other bodies politic that may be appropriate.
May.
“May” is to be construed as being permissive and not mandatory.
May
not. “May not” has a prohibitory effect and states a
prohibition.
Month.
“Month” means a calendar month.
Must.
“Must” is to be construed as being mandatory and not permissive.
Number.
Any word importing the singular number includes plural.
Any word importing the plural number includes the singular.
Oath.
“Oath” includes an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath.
In such cases the words “swear” and “sworn” are equivalent to the
words “affirm” and “affirmed.”
Officials,
employees, boards, commissions, etc. References
to officials, employees, boards, commissions or other agencies by title only are
references to officials, employees, boards, commissions or other agencies of the
county.
Or,
and. “Or” may be read “and”
may be read “or” if the context of the provision requires it.
Owner.
“Owner,” when applied to a building or land, includes any part owner,
joint owner, tenant in common, tenant in partnership, joint tenant or tenant by
the entirety of the whole or of a part of such building or land.
Person.
“Person” includes any firm, partnership, association, corporation,
organization, club, society, group acting as a unit or body politic and
corporate, as well as an individual.
Personal
property. “Personal property”
includes money, goods, chattels, evidences of debt, things in action and any
other species of property, except real property.
Preceding,
following. “Preceding” and
“following” mean next before and next after, respectively.
Property.
“Property” includes real, personal and mixed property.
Public
place. “Public place” means any
public way, park, cemetery, schoolyard or open space adjacent thereto; any
public lake or stream; and any place or business open to the use of the public
in general, open to public view or to which the public has access.
Public
way. "Public
Way" means any street, alley, boulevard, parkway,
highway, sidewalk or other public thoroughfare.
Quorum
court. “Quorum court” means the
quorum court of Saline County.
Real
property. “Real property”
includes lands, tenements and hereditaments.
Residence.
“Residence” means the place adopted by a person as a place of
habitation, and to which, whenever absent, such person has the intention of
returning. When a person eats at
one place and sleeps at another, the place where such person sleeps shall be
deemed such residence.
Roadway.
“Roadway”
means that portion of a street improved, designed or ordinarily used for
vehicular traffic.
Shall.
“Shall” is to be construed as being mandatory and not permissive.
Signature
or subscription. “Signature”
or “subscription” includes a mark when the person cannot write.
State.
“State” means the State of Arkansas.
Street
or road. “Street” or “road”
means public streets, avenues, boulevards, highways, roads, alleys, lanes,
viaducts, bridges, public ways and approaches thereto and other public
thoroughfares in the city devoted to public use.
Tenant,
occupant. “Tenant” or
“occupant,” applied to a building or land, means any person who occupies the
while or a part of such building or land, whether alone or with others.
Tense.
Words used in the past or present tense include the future as well as the
past or present.
Written
or in writing. “Written” or
“in writing” includes any representation of words, letters or figures,
whether by printing or otherwise.
Year.
“Year” means a calendar year.
Sec.
1-3.
Catchlines of sections;
history notes, etc.
(a)
The
catchlines of sections of this Code printed in boldface type, italics or
otherwise are intended merely as catchwords to indicate the contents of the
section, and shall be deemed or taken to be titles of such sections, nor as any
part of the section, nor unless expressly so provided shall they be so deemed
when any such sections, including the catchlines, are amended or reenacted.
(b)
The
history or source notes appearing in parentheses after sections in this Code are
not intended to have any legal effect but are merely intended
to indicate the source of matter contained in the section.
Cross references and state law references which appear after sections
convenience of the user of this Code or which otherwise appear in footnote form
are provided for the convenience of the user of this Code and have no legal
effect.
(c)
All
references to chapters, articles or sections are to the chapters, articles and
sections of this Code unless otherwise specified.
Sec.
1-4. Effect of repeal of
ordinances.
(a)
The
repeal of an ordinance shall not revive any ordinances in force before or at the
time the ordinance repealed took effect.
(b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal too effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.
Sec.
1-5. Amendments to Code; effect of
new ordinances; amendatory language.
(a)
All
ordinances passed subsequent to this Code which amend, repeal or in any way
affect this Code may be numbered in accordance with the numbering system of this
Code and printed for inclusion in this Code. In the case of repealed chapters, sections or subsections or
any part thereof, by subsequent ordinances, such repealed portions may be
excluded from the Code by omission from reprinted pages affected thereby.
The subsequent ordinances as numbered and printed or omitted, in the case
of repeal, shall be prima facie evidence of such subsequent ordinances until
such time that this Code and subsequent ordinances numbered or omitted are
readopted as a new code of ordinances.
(b)
Amendments
to any of the provisions of this Code shall be made by amending such provisions
by specific reference to the section number of this Code in the following
language: “Section ______ of the Code of Ordinances of Saline County, Arkansas
is amended to read as follows: . . . .” The new provision shall be then set
out in full.
(c)
If
a new section not heretofore existing in the Code is to be added, the following
language shall be used: “The Code
of Ordinances of Saline County,
Arkansas is amended by adding a section (article, etc.) to read as follows: . .
. .” The provisions shall then be
set out in full.
(d) All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter or other number, as the case may be.
Sec.
1-6. Additions and amendments
deemed incorporated in Code.
Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the quorum court to make the same a part hereof, shall be deemed to be incorporated in this Code, so that reference to the Code shall be understood and intended to include such additions and amendments. In addition, any addition to this Code that was not passed in such form but that has been published in this Code shall be considered a part of this Code.
Sec.
1-7. Supplementation of
Code.
(a)
Supplements
to this Code shall be prepared and printed whenever authorized or directed by
the quorum court. A supplement to
the Code shall include all substantive permanent and general parts of ordinances
passed during the period covered by the supplement and all changes made thereby
in this Code. The pages of a
supplement shall be so numbered that they will fit property into this Code and
will, where necessary, replace pages which have become obsolete or partially
obsolete, and the new pages shall be so prepared that, when they have been
inserted, this Code will be current through the date of the adoption of the
latest ordinance included in the supplement.
(b) In preparing a supplement to this Code, all portions of this Code which have been repealed shall be excluded from this Code by the omission thereof from reprinted pages.
(c) When preparing a supplement to this Code, the codifier may make formal,
nonsubstantive changes in ordinances and parts of ordinances included in the
supplement, insofar as it is necessary to do so to embody them into a unified
Code. For example, the codifier
may:
(1)
Organize
the ordinance material into appropriate subdivisions.
(2)
Provide
appropriate catchlines, headings and titles for sections and other subdivisions
of the Code printed in the supplement, and make changes in such catchlines,
headings and titles.
(3)
Assign
appropriate numbers to sections and other subdivisions to be inserted in the
Code and, where necessary to accommodate new material, change existing section
or other subdivision numbers.
(4)
Change
the words “this ordinance” or words of the same meaning to “this
chapter,” “this article.’ “this division,’ etc., as the case may be,
or to “sections _____ to _____,” inserting section numbers to indicate the
sections of this Code which embody the substantive sections of the ordinance
incorporated into this Code.
(5)
Make
other nonsubstantive changes necessary to preserve the original meaning of
ordinance sections inserted into this Code; but, in no case, shall be codifier
make any change in the meaning or effect of ordinance material included in the
supplement or already embodied in this Code.
Sec.
1-8. Severability of parts of Code.
It
is hereby declared to be the intention of the quorum court that the sections,
paragraphs, sentences, clauses and phrased of this Code shall be declared
unconstitutional by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining
phrased, clauses, sentences, paragraphs and sections of this Code.
Sec.
1-9. Penalty for violations.
(a)
In this
section “violation of this Code” means:
(1)
Doing an
act that is prohibited or made or declared unlawful, an offense or a misdemeanor
by ordinance or by rule or regulation authorized by ordinance.
(2)
Failure
to perform an act that is required to be performed by ordinance or by rule or
regulation authorized by ordinance.
(3)
Failure
to perform an act if the failure is declared a misdemeanor or an offense or
unlawful by ordinance or by rule or regulation authorized by ordinance.
(b)
In this
section “voilation of this Code” does not include the failure of a county
officer or county employee to perform an official duty unless it is provided
that failure to perform the duty is to be punished as provided in this section.
(c)
Except as
otherwise provided, a person convicted of a violation of this Code shall be
punished by a fine not exceeding $500.00 or double such sum for each repetition
thereof. If the violation is, in
its nature, continuous in respect to time, the penalty for allowing the
continuance thereof is a fine not to exceed $250.00 for each day that the same
is unlawfully continued.
(d)
If a
violation of the Code is also a misdemeanor under state law, the penalty for the
violation shall be as prescribed by state law for the state offense.
(e)
The
imposition of a penalty does not prevent revocation or suspension of a license,
permit or franchise.
(f) Violation of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a “penalty” however does not prevent the simultaneous granting of equitable relief in appropriate cases.
Cross reference - Courts, ch. 10
State law reference – Ordinance violation, A.C.A. § 14-14-96.
Sec.
1-10. Certain ordinances not
affected by Code.
Nothing
in this Code or the ordinance adopting this Code shall affect any ordinance:
(1)
Promising
or guaranteeing the payment of money for the county, or authorizing the issuance
of any bonds of the county or any evidence of the county’s indebtedness, or
any contract or obligation assumed by the county.
(2)
Granting
any right or franchise.
(3)
Dedicating,
naming, establishing, locating, relocating, opening, paving, widening, vacating,
etc., any street or public way in the county.
(4) Making
any appropriation.
(5)
Adopting
a budget or amending same.
(6)
Levying
or imposing taxes not codified.
(7)
Accepting
any street or road into the county road system.
(8)
Providing
for local improvements and assessing taxes therefor.
(9)
Dedicating
or accepting any plat or subdivision in the county.
(10)
Prescribing
the number, classification, benefits or compensation of any county officer or
county employee.
(11)
Prescribing
traffic regulations for specific locations.
(12)
Which is
temporary, although general in effect.
(13)
Which is
special, although permanent in effect.
(14)
The
purpose of which has been accomplished.
All
such ordinances are hereby recognized as continuing in full force and effect to
the same extent as if set out at length in this Code.
Cross references – Personal ordinances not affected by Code, § 2-53; ordinances creating fire districts not affected by Code, § 18-1.
Sec.
1-11. Provisions considered
continuation of existing ordinances.
The provisions of this Code, so far as they are the same as ordinances existing at the time of adoption of this Code, shall be considered as a continuation thereof and not as new enactments.
Sec.
1-12. Code does not affect prior offenses, rights, etc.
(a)
Nothing
in this Code or the ordinance adopting this Code shall affect any offense or act
committed or done, or any penalty or forfeiture incurred, or any contract or
right established or accruing before the effective date of this Code.
(b)
The
adoption of this Code shall be interpreted as authorizing or permitting any use
or the continuance of any use of a structure of premises in violation of any
ordinance in effect on the date of adoption of this Code.
You are Here: Chapter 1 - General Provisions
Chapter 14 - Emergency Services
Chapter 18 - Fire Prevention and Protection
Chapter 26 - Health and Sanitation
Chapter 30 - Historic Preservation
Chapter 42 - Offenses and Miscellaneous Provisions
Chapter 46 - Parks and Recreation
Chapter 54 - Roads and Bridges
Chapter 62 - Traffic and Vehicles
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