ORD NO 14-2009 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. l -2009
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND VAN BUREN'S MUNICIPAL
CODE RELATING TO STREETS, ALLEYS, GUTTERS OR
DITCHES; AND FOR OTHER PURPOSES.
WHEREAS, the Van Buren Planning Commission has researched and recommended certain
amendments to Section 9.04 of the Van Buren Municipal Code to address health and
safety issues relative to city's utility easements and waste water drainage system; and
WHEREAS, the proposed amendments to the Van Buren Municipal Code herein will clarify
requirements as to maintaining utility easements across private party and prohibit
persons from putting waste and debris into storm drains or drainage ditches, which
will protect public and private property within the city, consistent with Federal MS4
Storm Water Permit standards; and
WHEREAS, there is an immediate need for these amendments to Section 9.04 of the Van Buren
Municipal Code 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: Section 9.04, Streets, Alleys, Gutters or Ditches, of the Van Buren Municipal Code
is hereby amended as follows:
9.04.01 Street and Alleys. It shall be the duty of every owner or
occupant, of any lot or premises in this city, along which any street,
utility easement or alley runs, to keep said street or alley_ from the
middle line thereof to the side next to hint them. including utility
easements thereto. free from all manner and kind of filth, garbage,
trash, debris or decaying animal and vegetable substance of every
kind.
9.04.02 Gutters and Ditches. No Person shall allow any dirt, filth, or
obstruction of any kind to accumulate in the gutter or ditch in front of
his or adjacent to their premises, and all owners or occupants of
property are required to keep the gutter or ditch in front of their
premises clean open, and free from trash, brush. and weeds, and all
obstructions to the easy and rapid flow of water. No person shall
0 dump. or place dirt. trash. brush. or yard waste in any ditch or storm
drain. No person shall obstruct drainaae ditches. drainaue easements
or storm drains.
9.04.02 Violation: Penalty: In addition to any other enforcement
provisions provided in the Van Buren Municipal Code relative to
enforcement of this section. anv person or entity violating any
provision of this section is euilty of an infraction. and upon
conviction therefore. shall be subject to a fine or penalty of not less
that 550.00 nor more than 5500.00.
SECTION 2: 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.
SECTION 3: Emergency Clause. The Van Buren City Council has determined that an emergency
exists and that the immediate adoption and enforcement of this ordinance being
necessary for the public peace, health, safety and welfare, the provisions hereof shall
be in full force and effect from and after its passage.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 5 for and 0 against, the foregoing Ordinance at its Meeting
held on the 17 day of August 2009.
A
Robert P :es,s k jar
ATTESTED: APPRO ED AS TO FOI
Vat ail ed i bale
Barrie Curtis, City Clerk/Treasurer N. Do •a d .ten' 'i Attorne_
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