Saline County Arkansas
Code of Ordinances
1999
Chapter 42
OFFENSES AND MISCELLANEOUS PROVISIONS
Article I. In
General
Sec.
42-1. Use of courthouse lawn.
Sec.
42-2. Display/removal
of campaign signs.
Sec.
42-3—42-50. Reserved.
Article
II. Juvenile Curfew
Sec.
42-51. Finding
and purpose.
Sec.
42-52. Definitions.
Sec.
42-53. Curfew
for juveniles.
Sec.
42-54. Exceptions.
Sec.
42-55. Parental
responsibility.
Sec.
42-56. Enforcement
procedure.
Sec.
42-57. Penalties.
Secs.
42-58—42-70. Reserved.
Article
III. Litter Control Regulations
Sec.
42-71. Declaration
of purpose.
Sec.
42-72. Definitions.
Sec.
42-73. Enforcement
of article.
Sec.
42-74. Littering
prohibited.
Sec.
42-75. Evidence
against driver of motor vehicle.
Sec.
42-76. For-hire
hauling; vehicles to be covered.
Sec.
42-77. Violations;
penalties.
Sec.
42-78. Notice
to the public required.
Sec.
42-79. Junk
motor vehicles, old tires, inoperative appliances, etc.—Generally.
Sec.
42-80. Same—Penalty.
Sec.
42-81. Same—Authority
to take possession.
Sec.
42-82. Same—Notification
to motor vehicle owner and lienholders.
Sec.
42-83. Same—Disposal.
Sec. 42-84. Same---Proceeds from sale thereof.
Sec.
42-85. Injunctive
relief; additional remedy.
Sec. 42-86. Advisory board.
ARTICLE I. IN GENERAL
Sec.
42-1. Use of
courthouse lawn.
(a) The county courthouse lawn shall not be used for the purpose of holding garage/yard sales.
(b) Subsection (a) does not apply to the following:
(1) Old Fashion Day.
(2) Political rallies.
(3) Other events recognized by the county judge which are in the interest of the citizens of the county.
(Res. No. 7, 9-14-87)
Cross reference—Used goods, ch. 66.
Sec. 42-2. Display/removal of campaign signs.
(a) It shall be unlawful for election campaign signs to be displayed more than 20 days after a final election.
(b) Final election means any general election school board election or special election. Final election also means any primary election where the candidate displaying campaign signs is defeated.
(c) It shall be an unclassified misdemeanor for any candidate to display or fail to remove a campaign sign past the defined date of final election in this county.
(d) Any candidate who fails to remove said signs shall subject himself to a penalty of not less that $10.00 nor more than $100.00 upon conviction in municipal court. Display of any sign is a serious offense.
(e) This section shall not apply to billboards where they have been rented only to the date of the final election.
(Ord. No. 95-7, §§
1--5, 2-21-95)
Sec.
42-3—42-50. Reserved.
ARTICLE II. JUVENILE CURFEW
It is the desire of the quorum court to take all legislative actions possible to help protect the health and welfare of the minor citizens of Saline County, and other minors that visit the county.
It has come to the attention of the quorum court that criminal offenses occur during nocturnal hours that often involve minors either as perpetrators or as victims.
The quorum court further finds and has determined that a curfew meets a very real local need and that curfew ordinances in other communities have been a factor in minimizing juvenile delinquency. A curfew in Saline County is particularly appropriate in view of the basic residential nature of the community and the sense of the community that there is a proper time for the cessation of outdoor activities. That this attitude of the community is reflected in the curfew hours declared by this article which takes into consideration the danger hours for nocturnal crime.
Saline County is
basically a family community. Parental
responsibility for the whereabouts of children is the accepted norm by a
substantial majority of the community. Legal
sanctions to enforce such responsibility have had demonstrated effectiveness in
many communities over the years. The
quorum court has demonstrated that as parental control increases there is a likelihood that juvenile delinquency decreases and
that there is a need for nocturnal curfew for juveniles in the county and that
the establishment of a curfew applicable to juveniles will reinforce the primary
authority and responsibility of parents and guardians over juveniles in their
care and custody.
(Ord. No. 96-52, § 1, 11-19-96)
Sec. 42-52. Definitions.
For the purpose of the curfew ordinance (this article) the following terms, phrases, words and their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the present tense including the future, word, in the plural number include the singular and words in the singular include the plural. The word “shall” is always mandatory and not merely directory.
Juvenile or minor is any person 17 years of age or less.
Parent is any person having custody of a juvenile (i) as a natural or adoptive parent, (ii) as a legal guardian, (iii) as a person who stands in loco partenis, (iv) as a person to whom legal custody has been given by order of a court of competent jurisdiction.
Remain means to stay behind, to tarry and to stay unnecessarily upon the streets, including the congregation of groups (or of interacting minors) totaling three or more persons in which any juvenile involved would not be using the roads for ordinary or serious purposes such as mere passage or going home. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in this article so that this is not mere prohibition of presence of juveniles. More and more exceptions become available with increasing years and advancing maturity as appropriate in the interest of reasonable regulations.
Street is a way or place, of whatever nature, open to the use of the public as a matter or right for purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term road included that legal right-of-way, including but not limited to traffic lanes, the curb, sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a road. The term road applies irrespective of what is called or formally named, whether alley, avenue, court, or otherwise. The term road also included shopping centers, parking lots, parks, playgrounds, public buildings, and similar areas that are open to the use of the public.
Time of the night referred to herein is based upon the prevailing standard of time, whether Central Standard Time or Central Daylight Savings Time, generally observed at that hours by the public in the county, prima facie the time then observed in the county sheriff's office.
Years of age continues from one birthday, such as the seventeenth to (but not including the day of) the next, such as the eighteenth birthday, making is clear that 17 or less years of age be treated as equivalent to the phrase "under 18 years of age."
(Ord. No. 96-52, § 2, 11-19-96)
Sec. 42-53. Curfew for juveniles.
It shall be unlawful for any person 17 or less years of age (under 18) to remain in or upon the roads within Saline County at night during the period ending at 5:00 a.m. and beginning:
(1) At 12:00 midnight on Friday and Saturday nights; and
(2) 11:00 p.m. on all other nights.
(Ord. No. 96-52, § 3, 11-19-96)
Sec. 42-54. Exceptions.
In the following exceptional cases a minor on city street(s) during the nocturnal hours prescribed for minors shall not however, be considered in violation of the curfew ordinance (this article):
(1) When accompanied by a parent of such minor.
(2) When accompanied by an adult, at least 21 years of age, who is mot the parent and who is authorized by a parent of such minor to take said parent's place in accompanying said minor for a designated period of time and purpose within a specified area.
(3) When engaging in the duties of bona fide employment or traveling directly, without undue delay or detour from home to the place of employment, or from the place of employment to the home.
(4) When the minor is in a motor vehicle for the purpose of interstate travel, either through, beginning or ending in Saline County.
(Ord. No. 96-52, § 4, 11-19-96)
Sec. 42-55. Parental responsibility.
It shall be unlawful for a parent of a juvenile to remain upon any city street under circumstances not constituting an exception to, or otherwise beyond the scope of, the curfew ordinance (this article). This article is intended to hold neglectful or careless parents to a reasonable community standard of parental responsibility through an objective test. It shall be no defense that a parent was indifferent to the activities of (or) conduct or whereabouts of such juvenile.
(1) Police procedures shall be refined in light of experience and may provide that the police office (officer) may deliver to a parent or guardian thereof a juvenile under appropriate circumstances.
(2) When a parent or guardian has come to take charge of the juvenile and the appropriate information have been recorded, the juvenile shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released in accordance with Arkansas and federal law.
(3) In the case of a first violation by a juvenile, the sheriff's office shall by certified mail or direct service, send and/or deliver to a parent written notice of a violation will result in full enforcement of the curfew ordinance (this article), including enforcement of parental responsibility and use of applicable penalties.
(Ord. No. 96-52, § 5, 11-19-96)
Sec. 42-56. Enforcement procedure.
If a police officer reasonably believed that a juvenile is on the streets in violation of the curfew ordinance (this article), the officer shall notify the juvenile that he or she is in violation of the ordinance and shall require the juvenile to provide his or her name, address and telephone number and how to contact his or her parent or guardian.
In determining the age of the juvenile and in the absence of convincing evidence, a police officer shall use his or her best judgment in determining age.
(Ord. No. 96-52, § 6, 11-19-96)
Sec. 42-57. Penalties.
(a) If, after the warning notice pursuant to section 43-55 of the first violation by a juvenile, a parent violates section 42-56 (in connection with second violation by the juvenile), this shall be treated as a first offense by the parent. For parental offenses, a parent may be fined not less than $100.00 nor more that $500.00.
(b) Any juvenile who shall violate any of the provisions of the curfew ordinance more than three times shall be reported by the sheriff to the juvenile authorities as a juvenile in need of supervision and the sheriff shall refer the matter to the Saline County Prosecuting Attorney and/or the Arkansas Department of Human Services and/or other appropriate authorities.
(Ord. No. 96-52, § 7, 11-19-96)
Secs. 42-58--42-70. Reserved.
OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE III. LITTER CONTROL REGULATIONS
Sec. 42-71. Declaration of purpose.
The purpose of this article is to accomplish the control of litter, inoperative household appliances and junk motor vehicles throughout the county by regulating their disposal. The intent of this article is to add to existing litter control, removal and enforcement efforts and not to germinate or supplant such efforts, as well as the compatible goal of improving the quality of life for all the citizens of Saline County, Arkansas. This article shall be cited and known as the "Litter Control Act."
(Ord. No. 96-46, § 1, 10-15-96)
Sec. 42-72. Definitions.
(For the purposes of this article, certain terms shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise.)
Abandoned means that property to which no person claims or exercises rights of ownership.
Automobile repair shop means any business which engages in the repair or serving of vehicles.
Commercial littering includes, but is not limited to, littering done by commercial businesses and manufacturing companies of every kind and description, including those businesses and persons who illegally dispose of litter or solid waste for other persons in return for money, fees, or other compensation.
Demolisher means any person whose business, to any extent or degree, is to convert a motor vehicle or household appliance into processes scrap metal, or into saleable parts, or otherwise to wreck or dismantle vehicles or appliances.
Disposable package or container means all items or materials designed or intended to contain another item or product, but not designed or intended for permanent or continued use.
Enclosed building means a structure surrounded by walls or one continuous wall, and having a rood enclosing the entire structure and includes a permanent appendage thereto.
Household appliance includes, but is not limited to, refrigerators, deep freezers, ranges, stoves, automatic dishwashers, clothes washers, clothes dryers, trash compactors, television sets, radios, hot water heaters, air conditioning units, commodes and other plumbing fixtures, bed springs or other furniture.
Inoperative household appliance means a discarded household appliance which by reason of mechanical or physical defects can no longer be used for its intended purpose, and which is not serving a functional purpose.
Junk motor vehicle means any vehicle which is inoperable, dismantled or damaged, that is unable to start and move under its own power. Vehicles are excluded as long as they are registered and bear a current license permit.
Litter means all waste material which has been discarded, or otherwise disposed of as herein prohibited, including but not limited to convenience food and beverage packages or containers, trash, garbage all other product packages or containers, and other post-consumer solid wastes. Litter does not include wastes from the primary processing of mining, logging, sawmilling, farming, the raising of poultry, or manufacturing, or wastes deposited in proper receptacles.
Old vehicle tire means a pneumatic tire in which compressed air is designed to support a load, but which because of wear, damage or defect can no longer sagely be used on a motor vehicle and which is either not serving a functional purpose or use or is not in an enclosed building, a salvage yard or the actual possession of a demolisher.
Public place means any area that is used or held out for use by the public, whether owned or operated by public or private interests.
Salvage yard means any business that, in the course of its operation, maintains ten or more vehicles to be used, wholly or in parts thereof, to generate revenue for the operation of said business.
Vehicle includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
(Ord. No. 96-46, § 2, 10-15-96)
Sec. 42-73. Enforcement of article.
All police officers, county sheriffs and deputies, municipal enforcement officers, and other such enforcement officers who are specifically appointed by the quorum court to enforce this article, shall enforce the provisions of this article. The aforementioned enforcement officers are hereby empowered to issue citations to, or arrest, persons violating any provision of this article. All of the foregoing enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing the provisions of this article. In addition, mailing by registered mail of (or) such process to his last known place of residence shall be deemed as personal service upon the person charged.
(Ord. No. 96-46, § 3, 10-15-96)
Sec. 42-74. Littering prohibited.
It shall be unlawful to drop, deposit, discard or otherwise dispose of litter upon any public or private property in this county, or upon or into any river, lake, pond, or other stream or body of water within this county, unless:
(1) The property has been designated by the department of pollution control and ecology as a permitted disposal site;
(2) The litter is placed into a receptacle intended by the owner or tenant in lawful possession of that property for the deposit of litter provided that it is deposited in such a manner to prevent the litter from being carried away or deposited by the waters; elements upon any part of said private or public or property,
(3) The person is the owner or tenant in lawful possession of the property and the litter remains upon said property and the act does not create a public health or safety hazard, a public nuisance, or a fire hazard. However, a property owner shall not be held responsible for actions of his tenant.
(Ord. No. 96-46, § 4, 10-15-96)
Sec. 42-75. Evidence against driver of motor vehicle.
If the throwing, dumping, or depositing of litter was done from a motor vehicle, except a motor bus, it shall be prima facie evidence that the throwing, dumping or depositing was done by the driver of the motor vehicle.
(Ord. No. 96-46, § 5, 10-15-96)
Sec. 42-76. For-hire hauling; vehicles to be covered.
Requires trucks and other vehicles used in the commercial or for-hire hauling off litter, trash, or garbage to be covered. It shall be unlawful for any person engaged in commercial or for-hire hauling to operate any truck or other vehicle within the county to transport litter, trash, or garbage unless said vehicle is covered to prevent its contents from blowing, dropping, or falling off or otherwise departing from the vehicle. Provided, no vehicle hauling predominately metallic material shall be required to be covered if it is loaded in a manner which will prevent such material from falling or dropping from the vehicle.
(Ord. No. 96-46, § 6, 10-15-96)
Sec. 42-77. Violations; penalties.
Every person convicted of a violation of section 42-74 or section 42-76 of this article shall be guilty of a Class C misdemeanor and the penalties for such shall be those established under the Arkansas Criminal Code, except:
(1) That violators may also be required to remove litter from alongside highways and at other appropriate locations for any prescribed period;
(2) That those person who violate section 42-74 or section 42-76 of this article and who are found to have committed the prohibited acts in furtherance of or as a part of a commercial enterprise, whether or not that enterprise is the disposal of wastes, shall be guilty of "commercial littering" and as such shall be guilty of a Class A misdemeanor and the penalties shall be those prescribed under the Arkansas Criminal Code. Additionally, those convicted may be required to remove any litter disposed in violation of this article.
(Ord. No. 96-46, § 7, 10-15-96)
Sec. 42-78. Notice to the public required.
The county shall erect pertinent portions of this article along the public highways of this county and in all campgrounds and trailer parks, forest lands, and recreational areas, at all public beaches, and at other public places where persons are likely to be informed of the existence and content of this law and the penalties for violating its provisions.
(Ord. No. 96-46, § 8, 10-15-96)
Sec. 42-79. Junk motor vehicles, old tires, inoperative appliances, etc. -- Generally.
Unlawful to discard any junk motor vehicles, old tire, inoperative, or abandoned household appliance. It shall be unlawful for any person to place or cause to be placed any junk motor vehicle, old vehicle tire, or inoperative or abandoned household appliance or part thereof, upon the right-of-way of any public highway, upon any other public property, or upon any private property which he does not own, lease, rent, or otherwise control unless it be a salvage yard, a permitted disposal site, or at the business establishment of a demolisher.
(Ord. No. 96-46, § 9, 10-15-96)
Sec. 42-80. Same -- Penalty.
Any person who violates any provision of section 42-79 of this article shall be guilty of a Class C misdemeanor and, upon conviction thereof, shall be punished as prescribed within the Arkansas Criminal Code.
(Ord. No. 96-46, § 10, 10-15-96)
Sec. 42-81. Same -- Authority to take possession.
Authority to take possession of junk motor vehicles, old vehicle tires, and inoperative or discarded household appliances. Any enforcement agency described in section 43-73 of this article which has knowledge of or discovers or finds any junk motor vehicle, old tire or inoperative or discarded household appliance on either public or private property may take the same into his custody and possession. For that purpose, the enforcement agency may employ its own personnel equipment and facilities or hire persons, equipment and facilities for the purpose of removing; preserving and storing junk motor vehicles, old vehicle tires or inoperative or abandoned household appliances: provided, that before taking any junk motor vehicle into custody and possession from private property owner and the owner of said motor vehicle, if ascertainable, 30 days' notice by registered or certified mail that such action will be taken unless the said motor vehicle is restored to a functional use, disposed of by the owner in a manner not prohibited by this article, or placed in an enclosed building. The aforementioned 30 days' notice may be waived by the owners of the property.
(Ord. No. 96-46, § 11, 10-15-96)
Sec. 42-82. Notification to motor vehicle owner and lienholders.
(a) The enforcement agency which takes into custody and possession any junk motor vehicle shall, within 30 days after taking custody and possession thereof, notify the last known registered owner of such motor vehicle and all lienholders of record that such motor vehicle has been taken into custody and possession, such notification to be by registered or certified mail, return receipt request. The notice shall contain a description of such motor vehicle, including the year, make, model, manufacturer's serial or identification number or any other number which may have been assigned to such motor vehicle by the department of finance and administration and any distinguishing marks; set forth the location of the facility where such motor vehicle was taken into custody and possession; inform the owner and any leinholders of record of their right to reclaim such motor vehicle within ten days after the date notice was received by the owner or lienholders, upon payment of all towing, preservation and storage charges resulting from taking and placing such motor vehicles into custody and possession, and state that the failure of the owner or lienholders of record to exercise their right to reclaim such motor vehicle within such ten-day period shall be deemed a waiver by the owner and all lienholders of record of all right, title and interest in such motor vehicle and of their consent to the sale or disposal of the junk vehicle at a public auction or to a salvage yard or demolisher.
(b) If the identity of the last registered owner of the junk motor vehicle cannot be determined, or if the certificate of registration or certificate of title contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and address of all lienholders, notice shall be published in a newspaper of county-wide circulation in the county wherein such motor vehicle was located at the time such enforcement agency took custody and possession thereof, and such notice shall be sufficient to meet all requirements of notice pursuant to this article. Any notice by publication may contain multiple listings of junk motor vehicles. The notice shall be published within 30 days after such motor vehicle is taken into custody and possession and shall have the same contents required for a notice pursuant to subsection (a) of this section, except that the ten day period shall run from the date such notice is published as aforesaid shall be set forth in such notice.
(Ord. No. 96-46, § 12, 10-15-96)
Sec. 42-83. Same -- Disposal.
(a) If a junk motor vehicle is not reclaimed as provided for in section 42-82, the enforcement agency in possession of the junk motor vehicle shall sell it either at a public auction or to a salvage yard or demolisher. The purchaser of such motor vehicle shall take title to such motor vehicle free and clear of all liens and claims of ownership and shall receive a sales receipt from the enforcement agency which disposed of such motor vehicle. The sales receipt at such sale shall be sufficient title only for purpose of transferring such motor vehicle to a salvage yard or to a demolisher for demolition, wrecking or dismantling, and no further titling of such motor vehicle shall be necessary by either the purchaser at the auction, the salvage yard or the demolisher, who shall be exempt from the payment of any fees and taxes.
(b) When an enforcement agency has in its custody and possession old vehicle tires or inoperative or discarded household appliances collected in accordance with section 42-83 of this article, it shall sell such property from time to time at public auction or to a salvage yard or demolisher.
(Ord. No. 96-46, § 13, 10-15-96)
Sec. 42-84. Same -- Proceeds from sale thereof.
Proceeds from sale of junk vehicles, old vehicle tires and inoperative or discarded household appliances. From the proceeds of any such sale, the enforcement agency which sold the junk motor vehicle, old vehicle tire or inoperative or discarded household appliance shall reimburse itself for any expenses it may have incurred in removing, towing, preserving, and storing said property and the expenses of conducting of auction and any notice and publication expenses incurred pursuant to this article.
Any remainder from the proceeds of such sale shall be deposited in the county treasury to be kept and maintained in the "litter control account." Provided, that any remainder from the proceeds of the sale of a junk motor vehicle after payment of such expenses shall be held for the last registered owner of such motor vehicle or any leinholder for 90 days, after which time, if no owner or lienholder claims the remainder, it shall be deposited in said special fund.
Any moneys so collected and deposited in the "litter control account" shall be used solely for the payment of auction, towing, removing, preserving, storing, notice and publication costs which results from taking other junk motor vehicles, old vehicle tires and inoperative or discarded household appliances into custody and possession.
(Ord. No. 96-46, § 14, 10-15-96)
Sec. 42-85. Injunctive relief; additional remedy.
In addition to all other remedies provided for in this article, the prosecuting attorney of this county where any violation of any provision of this article occurs, may apply to the chancery court, or the judge thereof in vacation, where the alleged violation occurred, for an injunction to restrain, prevent or abate the maintenance and storage of litter, junk motor vehicles, old vehicle tires or inoperative or discarded household appliances, in violation of any provision of this article.
(Ord. No. 96-46, § 15, 10-15-96)
Sec. 42-86. Advisory board.
The quorum court may create an advisory board on the control of litter and junk which shall consist of members appointed by the county judge from the law enforcement agencies within the county.
The board shall not have any official function, but shall act only in an advisory capacity. Members of the advisory board shall not receive any fees or compensation or per diem allowance. The boars shall meet twice a year or at the call of the chairman. Members of the board shall be appointed to three year terms; the board shall establish its own quorum and elect its own chairman.
(Ord. No. 96-46, § 16, 10-15-96)
Chapter 1 - General Provisions
Chapter 14 - Emergency Services
Chapter 18 - Fire Prevention and Protection
Chapter 26 - Health and Sanitation
Chapter 30 - Historic Preservation
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