01 General Provisions TITLE 1
GENERAL PROVISIONS
Chapters:
1.04 How Code Designated and Cited
1.08 Rules of Construction
1.12 Subheadings of Sections
1.16 Effect of Repeal of ordinances
1.20 Severability of Parts of Code
1.24 Amendments to Code
1.28 Altering Code
1.32 General Penalty
1.36 Referendum Petitions
CHAPTER 1.04
HOW CODE DESIGNATED AND CITED
Section:
1.04.01 How code designated and cited
1.04.01 How code designated and cited. The ordinances embraced in the following
chapters and sections shall constitute and be designated "Van Buren Municipal Code and may
be so cited. STATE LAW REFERENCE -See A.C.A. 14 -55 -701, et seq. Hdbk. Sec. 5 -1.12, et.
seq.
CHAPTER 1.08
RULES OF CONSTRUCTION
Section:
1.08.01 Rules of construction
1.08.01 Rules of construction. In the construction of this code, and all ordinances, the
following rules shall be observed, unless such construction would be inconsistent with the
manifest intent of the City Council.
STATE LAW REFERENCE: Ark. Stat. refers to the official Arkansas Statutes which are the
laws passed by the General Assembly of the state of Arkansas.
HDBK. Sec. refers to the Handbook for Arkansas Municipal Officials published by the
Arkansas Municipal League which in most instances is a verbatim copy of the state law section.
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CITY. The words "the city" or "this city" shall mean the City
of Van Buren, Arkansas.
CITY COUNCIL. Whenever the words "city council" or "council"
are used they shall be construed to mean the city council of the City
of Van Buren, Arkansas.
COUNTY. The words "the county" or "this county" shall mean the
County of Crawford, Arkansas.
GENDER. A word importing the masculine gender only shall extend
and be applied to females and to firms, partnerships, and corpora-
tions as well as to males.
MUNICIPALITY. The words "the municipality" or "this municipality"
shall mean the City of Van Buren.
NUMBER. Words used in the singular include the plural, and the
plural includes the singular number.
OATH. The word "oath" shall be construed to include an affirmation
in all cases in which, by law, an affirmation may be substituted for
an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed
OR, AND. "Or" may be read "and and "and" may be read "or" if
the sense requires it.
OTHER CITY OFFICIALS OR OFFICERS. Whenever reference is made to
officials, boards, commissions, departments, etc., by title only,
i.e., "Mayor, etc., they shall be deemed to refer to the officials,
boards, commissions and departments of the City of Van Buren.
PERSON. The word "person" shall extend and be applied to firms,
partnerships, associations, organizations and bodies politic and
corporate, or any combination thereof, as well as to individuals.
SIDEWALK. The word "sidewalk" means a strip of land in front or
on the side of a house or lot of land lying between the property line
and the street.
STATE. The words "the state" or "this state" shall be construed
to mean the State of Arkansas.
STREET. The word "street" shall be construed to embrace streets,
avenues, boulevards, roads, alleys, lines, viaducts and all other
public highways in the city.
TENSE. Words used in the past or present tense include the future
as well as the past or present.
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Chapter 1.12
SUBHEADINGS OF SECTIONS
Section:
1.12.01 Subheadings of sections
1.12.01 Subheadings of sections. The subheadings of sections
of this code which are underlined, are intended merely to indicate
the contents of the section and shall not be deemed or taken to be
titles of such sections, nor as any part of the section, nor unless
expressly so provided, shall they be so deemed when any of such
sections, including the subheadings, are amended or reenacted.
Chapter 1.16
EFFECT OF REPEAL OF ORDINANCES
Section:
1.16.01 Effect of repeal of ordinances
1.16.01 Effect of repeal of ordinances. The repeal of an
ordinance shall not revive any ordinances in force before or at the
time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or
penalty incurred before the repeal took effect, nor any suit, pro-
secution or proceeding pending at the time of the repeal, for an
offense committed under the ordinance repealed.
Chapter 1.20
SEVERABILITY OF PARTS OF CODE
Section:
1.20.01 Severability of parts of code
1.20.01 Severability of parts of code. It is hereby declared
to be the intention of the City Council that the titles, chapters,
sections, paragraphs, sentences, clauses and phrases of this code
are severable, and if any phrase, clause, sentence, paragraph,
chapter, title, or section of this code shall be declared uncon-
stitutional by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, chapters, titles
and sections of this code.
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Chapter 1.24
AMENDMENTS TO CODE
Sections:
1.24.01 Amendments to code
1.24.01 Amendments to code. All ordinances passed subsequent
to this code which amend, repeal or in any way affect this code, may
be numbered in accordance with the numbering system of this code and
printed for inclusion herein. In the case of repealed titles, chapters,
sections or subsections or any part thereof, by subsequent ordinances,
such repealed portions may be excluded from the code by omission from
reprinted pages affected thereby.
Amendment to any of the provisions of this code may be made by
amending such provisions by specific reference to the section number
of this code in the following language: "That section of the
Van Buren Municipal Code is hereby amended to read as follows:
The new provisions may then be set out in full.
In the event a new section not heretofore existing in the code
is to be added, the following language may be used: "That the Van
Buren Municipal Code is hereby amended by adding a section (or title
or chapter) to be numbered which said section (or title or
chapter) reads as follows: The new provisions may then be
set out in full.
All sections, titles, chapters or provisions desired to be
repealed must be specifically repealed by section, title, or chapter
number, as the case may be.
Chapter 1.28
ALTERING CODE
Sections:
1.28.01 Altering code
1.28.01 Altering code. It shall be unlawful for any person
to change or amend by additions or deletions, any part or portion
of this code, or to insert or delete pages, or portions thereof, or
to alter or tamper with such code in any manner whatsoever except
by ordinance of the City Council, which shall cause the law of the
City of Van Buren, Arkansas, to be misrepresented thereby. Any per-
son violating this section shall be punished as provided in 1.32.01
hereof.
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Chapter 1.32
GENERAL PENALTY
Section:
1.32.01 General penalty
1.32.01 General penalty. Whenever in this Municipal Code, the
doing of any act or the omission to do any act or duty, is declared
unlawful, and further, the amount of the fine shall not be fixed and
no penalty declared, any person convicted for a violation of such
provision of this code, shall be adjudged to pay a fine of not more
than Five Hundred ($500.00) Dollars and if the act is continuous, not
more than Two Hundred and Fifty ($250.00) Dollars for each day of
continuance. Provided, for any offense committed against the code,
for which there is set forth by state law a similar offense, the
penalty therefor shall be no less nor greater than that set forth by
state law.
STATE LAW REFERENCE -see Ark. Stats. 19 -2409 19 -2411;
Hdbk. 5 -2.9 5 -2.11
Chapter 1.36
REFERENDUM PETITIONS
Sections:
1.36.01 Filing date
1.36.02 Notice of hearing.
1.36.03 City Council calls election
1.36.04 Upon defeat of ordinance
1.36.01 Filing date. All referendum petitions under Amendment
No. 7 to the Constitution of the State of Arkansas, must be filed
with the Clerk /Treasurer within thirty days after the passage of
such ordinance.
1.36.02 Notice of hearing. Whenever any referendum petition is
filed the City Council shall give notice by publication for one inser-
tion of a time not less than five days after the publication of such
notice at which they will hear all persons who wish to be heard on
the question whether such petition is signed by the requisite number
of petitioners. At the time named the City Council shall meet and
hear all who wish to be heard on the question, and its decision shall
be final, unless suit is brought in the chancery court of Crawford
County within thirty days to review its action.
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1.36.03 City Council calls election. If the City Council finds that such petition is signed
by the requisite number of petitioners, it may order a special election or place the Question on
the Ballot at the next Municipal General Election to determine by vote of the qualified electors
whether the ordinance shall stand or be revoked. The date for any special election shall be not
less than thirty days after the order therefor has been named by the Council, and said special
elections shall be had and conducted as general municipal elections held in the city of Van
Buren.
1.36.04 Upon defeat of ordinance. If any ordinance referred to the people is defeated at
the polls, the City Council shall make a note of such fact and shall expunge such ordinance from
its files by erasing the same with red ink.
STATE LAW REFERENCE-see Const., Amend. No. 7, and Ark. Stats - 19-2428 - 19-2430;
Hdbk. 5-4.1 - 5-4.11.
CHAPTER 1.40
POSTING ORDINANCES
Sections:
1.40.01 Posting at five public locations
1.40.01 Posting at five public locations The City of Van Buren, Arkansas will continue
to publish ordinances in the Press Argus in addition to posting notice at the following five of the
most public places in the City to ensure full opportunity for citizens to be given information
regarding the passage of ordinances:
Van Buren Municipal Complex
Van Buren Library
Van Buren Municipal Annex
Van Buren Police Department
Van Buren Senior Center
(Ord. No. 2019-04, Sec. 1.)
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