CODE OF ORDINANCES CITY OF Forrest City, Arkansas

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GENERAL ORDINANCES OF THE CITY

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ADOPTED, JANUARY 19, 1965
EFFECTIVE, APRIL 1, 1965

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PUBLISHED IN 1965 BY ORDER OF THE CITY COUNCIL

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OFFICIALS

of the

CITY OF FORREST CITY, ARKANSAS

AT THE TIME OF THIS CODIFICATION

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RODGERS DEADERICK

Mayor

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TED PARKER

JOHN RUSSELL

ED MCDONALD

CHARLES MOORE

ED FOGG

DON EDMONDSON

Councilmen

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FLETCHER LONG

City Attorney

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NED MALLORY

City Clerk

CURRENT OFFICIALS
of the
CITY OF FORREST CITY, ARKANSAS

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Larry S. Bryant

Mayor

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Henry Peacock

Cecil Twillie

Mary Jeffers

Louise Fields

Steve Hollowell

Danny Capps

Roger Breeding

Chris Oswalt

City Council

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Alan Cline

City Attorney

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Derene Cochran

City Clerk-Treasurer

PREFACE

This Code constitutes a complete codification of the ordinances of a general and permanent nature enacted by the city council and is the first such codification for the City of Forrest City since 1940.

As expressed in the Adopting Ordinance, this Code supersedes all ordinances not included herein or expressly saved from repeal by the Adopting Ordinance. The Code contains only ordinances of a general and permanent nature prescribed for and affecting the public as a whole. Special ordinances or ordinances dealing with only a portion of the inhabitants of the City, rather than all of them, or relating to special purposes, such as ordinances levying special assessments, providing for bond issues, paving, vacating and opening specified streets, etc., are not included herein. For more specific enumeration of the type of ordinances which are not included herein, see Section 3 of the Adopting Ordinance.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been appropriately catchlined to facilitate usage. Appropriate footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. Also, the source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code.

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the fourteenth section of Chapter 20 is 20-14. Under this system, each section is identified with its chapter and, at the same time, new sections, or even whole chapters, can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 4-4 and 4-5 is desired to be added, such new sections would be numbered 4-4.1, 4-4.2, 4-4.3, respectively.

New chapters may be included by the addition of a capital letter after the chapter number, e.g., if the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12A. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

A special feature of this Code is the looseleaf system of binding and supplemental servicing for the Code. With this looseleaf system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Codes with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part hereof as provided in Section 5 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

The general index of the Code has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by city officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.

The publication of this Code was under the direct supervision of George R. Langford, President, and Robert D. Ussery, Vice President, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publishers are most grateful to Fletcher Long, City Attorney, for his supervision, cooperation and interest during the progress of the work on this Code.

This Code is presented for the use and benefit of the citizens of the City of Forrest City, Arkansas.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

1965

ADOPTING ORDINANCE

An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Forrest City, Arkansas; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein, Except as Herein Expressly Provided; Providing for the Effective Date of Such Code and a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When This Ordinance Shall Become Effective.

Be It Ordained by the City Council of the City of Forrest City, Arkansas:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 26, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Forrest City, Arkansas" and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before December 15, 1964, to the extent provided in Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the 1st day of April, 1965, and all ordinances of a general and permanent nature of the City of Forrest City, enacted on final passage on or before December 15, 1964, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 1st day of April, 1965, except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed.

Section 3, That the repeal provided for in Section 2 hereof shall not affect any of the following:

(1)

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 such Code.

(2)

Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City, or any evidence of the City's indebtedness.

(3)

Any contract or obligation assumed by the City.

(4)

Any right or franchise granted by the City.

(5)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City.

(6)

Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget.

(7)

Any ordinance annexing territory to the City or discontinuing territory as a part of the City.

(8)

Any ordinance dedicating or accepting any plat or subdivision in the City.

(9)

Any ordinance prescribing salaries for city officers or employees.

(10)

Any ordinance creating or otherwise relating to any water, sewer or other improvement district or in anywise relating to any local improvement and assessments therefor.

(11)

Any ordinance relating to or limited in its application to one specific person, firm or corporation.

(12)

Ordinance No. 634 relating to the board of civil service commissioners.

(13)

Any ordinance enacted after December 15, 1964.

The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine not exceeding twenty-five dollars ($25.00), as provided in Section 1-6 of such Code; provided, that no such fine shall be greater or less than the fine imposed by state law for similar offenses.

Section 5. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances, City of Forrest City, Arkansas" shall be understood and intended to include such additions and amendments. When such additions or amendments are properly inserted in such Code, they shall have the same force and effect as if originally included therein, as provided in Section 19-2426 of the Arkansas Statutes.

Section 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Section 1-6 of such Code shall apply to the section as amended; or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. That three (3) copies of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council. These copies of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Forrest City to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.

Section 9. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10. This ordinance shall become effective on the 1st day of April, 1965.

PASSED AND APPROVED this 19th day of January, 1965.

ATTEST:

RODGERS DEADERICK
    Mayor

NED MALLORY
  City Clerk