ORD NO 07-1965 ORDINANCE NO. 7 -1965
AN ORDINANCE REGULATING THE STORAGE, PLACING, DEPOSITING, DUMP
ING,TOR CAUSING TO BE PLACED, DEPOSITED OR DUMPED, ANY GARBAGE,
SWILL, CANS, DOTTLES, PAPERS, ASHES, REFUSE, CARCASSES OF ANY
DEAD.ANIMALS, OFFAL, TRASH, RUBBISH, OR ANY NOISO(E, NAUSEOUS OR
OFFEGJSIVE MATTER IN AND ABOUT THE CITY OF VAN BUREN, ARKANSAS,
INCLUDING THE HAULING AND DISPOSAL DE SAME AND PROVIDING PENALITIES
FOR THE VIOLATION THEREOF, AND FOR OTHER PURPOSES, IN THE CITY OF
VAN BOREN, CCUNTY OF CRAWFORD, STATE OF ARKANSAS.
4JHEREAS, certain regulations are necessary in order to'pro-
tect the public health and safety in the regulation of the storage,
placing, depositing, dumping, or causing to be placed, deposited
or dumped, any garb:ge, owill cans; bottles, p 'apart, ashes, re-
fuse, carcass of any dead animal, offal, trash, or rubbish, or any
noisome, nauseous .or offense matter in and about the City of Van
Buren;; Arkansas, and the hauling and disposing of the same, in
and about the City of Van Buren, County of Crawford, State of
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Arkansas.
PJGIJ, ,THER`FORE .BE IT ORDAINED BY THE-CITY-COUNCIL OF THE
CITY OF /A- BUREN ARKANSAS.
y OS `SECTI "Or3 1, .Nd arson shall cause or p ermit de uosits ,qf
garbage, t`iall, cens, bottles„ papers, ashes, refuse, carcasses-,.
Pf de"ajd a offal, trash, or rubbish, or any noisome, nauseous
or offensive, ccumulations tq remain upon any proRerty,owned or.
occupied by them•wihich shall be or, become offensive to reasopab1e„
persons in. the or which shall constitute ns ,n
titute a,public uisbnce.
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or a'nublic health hazard, .and the vitlation of this section4f
this ordinance shall be a, misdemeanor punishable of rot_
to exceed S15 00, end each day that such condition is willfully,.,
caused or.permitted continue shall ,constitute..a; offense,
SECTION 2 It sh<11 be unlatyful to..place, deposit,, or:,.dump,
or; cause to be placed, deposited or dumped, any garbage, swill
cans, ttles, papers,:: ashes, -;carcasses of -dead animals,
of -fel trash, or rubbish or' •any noisome, nauseous or 'offensive
matter in.;or up any pu bl'cor orivo,tu hi'hwa or'road''inc uding
..._ci r.,d ..v hir h M.1;1 LP r f _t;3 _nabi.c.
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any portion or the tight- of-way thereof, or in or upon any private
property into or upon which the public is admitted by easement or
license, or any private property without the consent of the owner,
or in or upon any public park or other public property other than
property designated and set aside for such purpose by the City
Council of this city, but no portion of this section shall be
construed to restrict c private owner in the use of his own
privets property. Any person, firm, or corporation violating the
provisions of Section 2 of this ordinance shall be deemed guilty
of c misdemeanor and subject to a fine of not to exceed 3200.00.
SECTION 3. No person, firm or corporation shall haul any
garbage, swill, cans, bottles, papers, ashes, refuse, carcasses
of dead animals, offal, trosh, or rubbish, or any noisome, nauseous
mnti 'n, within or from the City of Van Buren,
f or any charge: or foe or any other consideration without
having first complied with paragraph 3 of this ordinance.
(1) All such persons, firms, or corporations shall, before
engaging in such hauling hereinabuve set out, obtain a privilege
license therefor from the City of Von Buren, Arkansas.
(b) No privilege license shell be issued to any person,
f -rm nr corporation under this ordinance unless such person, firm,
or.corporation shall pay to the City of Van Buren the sum of
315.00 per annum, file with said city a policy of liability
insurance upon the vehicle to be used in such operation in:an
amount of not less than 310,000.00 for injury to any one indi-
vidual, ;020,000.00 for injury to all individuals in any on'e
collision, and 35,000.00 for property damage, and such privilege
license shall expire upon the expiration date of policy of, liability
insurance furnished, or upon the next premium paying date for said
policy of liability insurance, whichever is the earlier, and a
privilege license issued or six months or less shall require pay-
ment of 37.50 fee, .-.nd a license for o person of six months and one
day through twelve months shall pay a full annual fee of 315.00.
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(c) Privilege license issued under the provisions of this
ordinance shall be prominently displayed in the lower right -hand
portion of the windshield of the vehicle for which it was purchased
and such certificate shall contain a description of said vehicle.
Said license, sometimes herein referred to as certifi-
cate, shall not be transferrable, although in event of disposal
of the vehicle described in said privilege license, the original
holder thereof may surrender the old privilege license and have
issued a duplicate privilege license with the description of the
new vehicle ther oti and expiring upon the some date of the orig-
inal privilege license turned in, upon payment of a fee of 11.00,
provided, however, that policy of liability insurance hereinbefere
set out is deposited, or endorsement thereof deposited showing
that the new vehicle is covered thereby. The privilege license
provided herdin shall be for the operation of one vehicle, and
an odditional privilege license shall be required for each sepa-
rate vehicle used.
(d) No vehicle shall be used for the hauling of any matter
set out in this ordinance unless it shall have a solid bed and
rack, with a solid tail -gate which can be closed and securely
fastened, and which bed shall have provided and attached thereto
a tarpaulin of sufficient width and length to cover the entire
load which shall be hauled in said bed and which tarpaulin shall
be securely tied down over the entire load being hauled in said
ned, provided that it shall not be necessary for said tarpaulin
to be tied down during such tines when said truck bed is being
loaded or unloaded and such vehicle shall be considered as being
Q loaded or unloaded not only when ph•sically being loaded or
unloaded, but a1o5 in traveling from one pick -up point to another
pick -up point, provided the distance traveled between said pick -up
points'shall not exceed one mile; provided further, that pro-
vision w.`th reference to tarpaulin shall not apply to any vehicle
bed ehic! is fully enclosed upon top, sides, bottom and ends provided
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said bed is securely closed and fastened at all times when said
vehicle is not being lorded or unloaded within the meaning of
this provision.
SECTION 4. No parson, firm, or corporation operoting within
or through the City of Von Duren in hauling its own gerboge,,swill,
cans, bottles, papers, ashes, refuse, carcasses of dead animals,
offal, trash, rubbish, or any noisome, nauseous or offensive matter,
or haul any similar matter or materiels, or any other person,
firm, or corporation hauling said materials or similar materials,
but not covered by paragraph 3 hereof, shall haul the same in any
manner, upon any vehicle, or in any type bed in such a. manner as
to cause, or permit the same to blow out or fell upon any street,
alley; public or private property, and violation of this provision
shall constitute a misdemeanor.
SECTION 5. Any person who shall violate any provision of
this ordinance shall be deemed guilty of a misdemeanor and if -no
other. punishment is set out herein for such violation, such person
shall be subject to a fine not exceeding x15.00 and each separate
act, violation or each day of violation of the some shall consti-
tute'a separate offense.
SECTION 6. All ordinances or ports of ordinances in conflict
v ...=d pray' :_on of this ordinance is hereby! repealed.
SECTION 7. Should any section, sub- section, paragraph,.
sentence or word of this ordinance be declared to•be 'unconsti-
tutional or invalid, it shall, in no wise, affect or impair the
validity of any other provision of this ordinance.
SECTION 8. This ordinance being necessary for the public
health and safety of the inhabitants of the City of Van Buren,
this emergency hereby being found and declared by this council,
this ordinance shall be in full force and effect from and after
its passage, approval and publication, provided, however, no per-
son, firm or corporation shall be hold to have violated the
privilege license provision hereof if such privilege license is
obtained not more than 10 days after the passage, approval and
publication of this ordinance.
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PASSED AND APPROVED THIS 7TH DAY OF JUNE, 1965.
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APPROVED:
Allen R. Toothaker (s)
Mayor
ATTEST:
Goo. L. Crofton (s)
City Clerk
k r
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ti ith the approval of the Mayor and City Council of said City; his
salary shall be fixed and determined by said Commission, he shall
be paid from the income from inspections and he shall be subject to
g and the City Council
X 16 all rules and ra Motions of the said Commission
r of the City of Von Buren, Arkansas.
SECTION IV
That the City Council of the City of Van Buren shall be and
constitute the Board of Appeals as set forth in the Plumbing Code,
the Building Code, the Electrical Code and the Zoning and Sub -div-
Islam Regulation Ordinance.
It is hereby ascertained and declared that there is immediate
need, in order to protect the health and peoperty of the inhabitants
of the City, and for the most economicn1 and feasible method of
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enforcing the building and plumbing code, the zoning and sub- division
regulation; therefore, an emergency exists, this ordinance is neces-
sary'for the presery -tion of the public peace, health and safety and
shall take effect and be in force viithout delay from and after its
passn;-a.
Passed and approved July 12th, 1965.
Allen R. Toothcker (s)
Mayor
Attest;
Geo L. Crofton (s)
City Clerk `I