Loading...
ORD NO 10-2008 CITY OF VAN BUREN, ARKANSAS 0 ORDINANCE NO. 10 -2008 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND THE VAN BUREN MUNICIPAL CODE, CHAPTER 8.08 (ORDINANCE 11 -1985, AS AMENDED) TO CLARIFY PROHIBITIONS AND EXCLUSIONS, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, the City adopted Ordinance 11 -1985 to designate truck routes for certain vehicles and to prohibit certain traffic on specific streets; and WHEREAS, upon review of this Ordinance, and in light of changes in needs and circumstances since its adoption, certain modifications are appropriate and necessary for the health, safety and welfare of the citizens of Van Buren; and WHEREAS, there is an immediate need for these amendments to Ordinance No. 11 -1985 for the health, safety, and welfare of the citizens of Van Buren. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Ordinance No. 11 -1985, as amended (Van Buren Municipal Code 8.08.01 et. seq.) shall be amended as follows: Section 8.08.01 is amended as follows: Truck routes for all motor vehicles having a capacity of one ton and over, and /or more than two axles, and proceeding through the City are hereby established and designated as follows: Interstate Highways 40 and 540, U.S. Highways 64, and Arkansas State Highways 59, 162, and 282, unless otherwise prohibited herein. All such vehicles are hereby prohibited from using any other street, alley, parking lot. or road while proceeding through the City. Section 8.08.02 is amended as follows: Any person found to be in violation of Section 8.08.01 shall be deemed guilty of a misdemeanor and shall be subject to fines of not less than Twenty Seventy Five Dollars ($275.00) and no more than One Five Hundred Dollars ($T500.00). Section 8.08.03 is amended as follows: 0 That it is unlawful for tractor trailers (for the purpose of this Ordinance tractor trailers shall include all motor vehicles operating with ten wheels or more), buses (to include school and church buses) tractors, any vehicle towing a trailer. any vehicle with more than two axles. and also any vehicle or vehicle and trailer weighing 12,500 pounds or more to use Highway 59 traveling North or South, from the intersection of Mount Vista Boulevard and Highway 59 to Main Street in Van Buren, Arkansas, unless otherwise provided for herein. Section 8.08.05 is amended as follows: The following vehicles i. dLpaitun,iitb, city lvi..al v, tuunty, are hereby excluded from the provisions of 8.08.03 and 8.08.04:: 1. Firc trucks used in emergencv situation operated by the City of Van Buren or other bona fide fire departments. city_ local or countv: and Z Utility maintenance trucks operated by the Ark ansas State Hiuhwav and Transportation Department (Al -1TD). City of Van Buren. Crawford County_ and any bonalide contractor of these entities, as necessary for the furtherance of State. County or City operations: and 3. Public utility maintenance trucks. operatine in coordination with the Van Buren Street Department to perform utility maintenance or repairs. SECTION 2: The passage and approval of these amendments to the Van Buren Ordinance 11 -1985 will protect the heath, safety, and/or welfare of the City and its citizens. Therefore, an emergency is declared to exist and this Ordinance, being necessary for the preservation of the public health, safety and /or welfare shall be in full force and take effect immediately upon and after its passage. SECTION 3: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. 0 IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, 0 approve, and adopt, by a vote of 6 for and d agains e foregoing Ordinance at its meeting held on the 21 day of April, 2008. Robert D. Freem. ATTESTED: APPROVED AS TO FORM: Barbie Curtis; City Clerk/Treasurer N. Donald Jenkins, Jr., City Attorney 0 0