12 Parks and Recreation TITLE 12 S-31
PARKS AND RECREATION
Chapters:
12.04 Parks Commission
12.08 Lake Cap Bedell
12.12 City Recreation Commission
12.16 Swimming Pool Code
12.17 Smoking Prohibited
12.20 Municipal Auditorium Commission
12.24 Smoking Prohibited
CHAPTER 12.04
PARKS COMMISSION
Sections:
C 12.04.01 Established
12.04.02 Membership
12.04.03 Powers
12.04.04 Reports
12.04.05 Use of revenues
12.04.06 Appropriation of funds
12.04.07 Exclusive jurisdiction
12.04.01 Established There is established a Parks and Recreation Commission to operate,
manage and control all recreational facilities in the city.
12.04.02 Membership The Commission shall consist of five (5) qualified electors of the
city, to be appointed by the Mayor and confirmed by a majority of the duly elected and qualified
members of the City Council. Each commissioner shall be appointed for a term of five (5) years;
a vacancy on the Commission shall be filled for the unexpired term in the same manner
hereinabove prescribed. Each commissioner shall file the oath required of public officials by the
laws of this state; any such commissioner may be removed upon a two-thirds (2/3) vote of the
members of the City Council.
12.04.03 Powers The Commission shall have full and complete authority to build,
manage, operate, maintain and repair the grounds and improvements under its jurisdiction; shall
have complete charge of its buildings and grounds, including the right to control the use thereof
and to permit or refuse to permit the use of such facilities by an individual or group; and shall
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have the right to employ or remove any of its employees, and to fix and regulate the salary of
each such employee.
The Commission shall have the exclusive authority to purchase supplies, apparatus, etc.
necessary or desirable, including all construction, repairs, alterations and additions to the
property within the jurisdiction of the Commission.
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The Commission shall also have the exclusive authority to enter into contracts for the use
of park facilities; shall adopt its own rules and regulations for the proper operation and
management of all property within its respective jurisdiction; and shall have full authority to
repeal or amend its rules and regulations as it sees fit.
12.04.04 Reports the commission shall submit quarterly reports, beginning three (3)
months after they take their oath of office and each three (3) months thereafter, reporting in full
on the operations, including an accounting of receipts and disbursements and furnishing such
other and further reports, data and information as may be required by the Mayor and City
Council. The quarterly report, with respect to receipts and disbursements shall be certified by the
commissioners as correct. They shall further submit an annual audit of the operations of the
parks and recreational programs to the mayor and City Council.
12.04.05 Use of revenues The Commission shall have the exclusive authority to utilize all
revenues derived from their respective operations; separate accounts shall be maintained and all
monies shall be segregated and used exclusively for the operation of parks and recreation
programs. The commissioners shall receive no salary, but shall be reimbursed for actual
expenses incurred in the performance of their duties.
12.04.06 Appropriation of funds The City Council may, at any time, appropriate funds
from the General Revenue Fund or other available funds to provide the necessary monies for the
CI operation of the Commission's parks and recreation program.
12.04.07 Exclusive jurisdiction the Commission shall have sole and exclusive
jurisdiction, power and control over the recreational facilities and programs assigned to it.
Chapter 12.08
LAKE CAP BEDELL
Sections:
12.08.01 Uses regulated, penalty
12.08.02 Emergency Action Plan
12.08.01 uses regulated, penalty There shall be no persons allowed to wade or swim in
Lake Cap Bedell nor shall there be allowed any boats, canoes or any other floating apparatus on
Lake Cap Bedell; that any violation hereinabove mentioned shall be deemed a misdemeanor and
punishable by a fine of up to One Thousand dollars ($1,000.00). (Ord. No. 17 -84, Sec. 1.)
12.08.02 Emergency Action Plan The emergency Action Plan for Lake Cap Bedell,
Permit 235, is hereby adopted by reference and is attached hereto as a part of this ordinance as if
set out herein word for word. Three copies of the said Emergency Action Plan are on file in the
Van Buren City Clerk's Office and open to inspection by the public. (Ord. No. 4 -98, Sec. 1.)
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Chapter 12.12
CITY RECREATION COMMISSION
Sections:
12.12.01 Created
12.12.02 Members
12.12.03 Terms
12.12.04 Powers
12.12.01 Created There is hereby created a City Recreation Commission, under the
authority of A.C.A., Section 14 -69 -201 through 14- 269 -206, for the purpose of operating,
managing, maintaining the City recreation facility known as the Field of Dreams Sports Complex
located within the city of Van Buren. (Ord. No. 33 -94, Sec. 1.)
12.12.02 Members
A. The City Recreation Commission shall consist to seven (7) members, five (5) of
whom must be qualified electors of the city of Van Buren, of which two (2) of the
five (5) may be members of the Van Buren City Council. Two (2) members of
the seven (7) are not required to be qualified electors of the city. (Ord. No. 4 -95,
Sec. 1.)
B. The Director at the Van Buren Boys and Girls Club shall be an Ex- Officio
member of the City Recreation Commission and shall be entitled to attend and to
participate in the meetings of said Commission. However, the Ex- Officio
member shall not be allowed a vote on any matter before the Commission or on
any decision made by the Commission, and shall not be considered to be one of
the seven (7) Commissioners authorized to be appointed by Ord. No. 33 -94. (Ord.
No. 1 -97, Sec. 1.)
12.12.03 Terms Of the initial members, One (1) shall be appointed for a term of one (1)
year; one (1) shall be appointed for a term of two (2) years; one (1) shall be appointed for a term
of three (3) years; two (2) shall be appointed for a term of four (4) years; and two (2) shall be
appointed for a term of five (5) years, after which each succeeding appointment shall be for a
term of five (5) years. (Ord. No. 33 -94, Sec. 3.)
12.12.04 Powers The Commission shall have all the powers, and duties authorized and
required by the enabling statute. (Ord No. 33 -94, Sec. 4.)
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CHAPTER 12.16 S-31
SWIMMING POOL CODE
Sections:
12.16.01 Code adopted
12.16.02 Amendments
12.16.01 Code adopted There is hereby adopted, for the purpose of establishing rules
and regulations for the design, construction or installation, repair or alterations of public or
private swimming pools and related equipment, this Code known as the 1994 Standard
Swimming Pool Code, save and except such portions as are hereinafter deleted, modified, or
amended, of which not less than three (3) copies have been and now are filed in the office of the
City Clerk of the city of Van Buren, and the same are hereby adopted and incorporated as fully
as if set out in length herein, and from the date on which this ordinance shall take effect,the
provisions thereof shall be controlling in the construction, installation or alteration of all
swimming pools within the corporate limits of the city of Van Buren. (Ord. No. 29-95, Sec. 1.)
12.16.02 Amendments
, A. That Article II of Ord. No. 7-63 is hereby amended to add sub-section#21 as
follows: Swimming pool - Any structure intended for swimming or recreational
bathing that contains water over 24 inches deep. This includes inground,
aboveground, and onground swimming pools. Swimming pools are not subject to
the rear yard and side yard requirements of this ordinance. (Ord. No. 17-96, Sec.
1.)
B. Section 315.2.1.9 and Section 315.2.2 are hereby deleted from the Van Buren
Swimming Pool Code enacted by Ord. No. 29-95. (Ord. No. 18-96, Sec. 1.)
CHAPTER 12.17
SMOKING PROHIBITED
Sections:
12.17.01 Definitions
12.17.02 Prohibition
12.17.03 Signage
12.17.04 Penalty
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C
12.17.01 Definitions For the purposes of this ordinance, smoking and/or tobacco use
shall include the lighting of any cigarette, cigar, pipe, or the possession of any lighted cigarette,
cigar or pipe. It shall also include the use of all smokeless tobacco products (including, but not
limited to, chewing tobacco, snuff, dip, snus, and dissolvable products such as lozenges, orbs,
sticks, and strips), e-cigarettes, and vapor products. (Ord. No. 10-2017, Sec. 1.)
12.17.02 Prohibition It shall be prohibited for any person to smoke or use any tobacco
products (smokeless or otherwise), e-cigarettes, or vapor products in any City park with the
exception of the property leased to Cedars Country Club, Inc. by declaration of the City Council
on or about March 7, 1964,the property leased to the Boys Club of Van Buren, Inc. pursuant to
Ordinance No. 2-1966, and any other property currently under lease with the City wherein the
lease does not specify that tobacco products are not to be used on the property. (Ord. No. 10-
2017, Sec. 2.)
12.17.03 Signage The City shall post signs in conspicuous places in all City parks
notifying the public that smoking and tobacco use of any kind are prohibited therein. (Ord. No.
10-2017, Sec. 3.)
12.17.04 Penalty Any person convicted of violating the provisions of this ordinance
shall be fined a maximum of$25.00 for the first offense, $50.00 for the second offense, $100.00
for the third offense, and $250 for any subsequent offense. (Ord. No. 10-2017, Sec. 4.)
CHAPTER 12.20
MUNICIPAL AUDITORIUM COMMISSION
Sections:
12.20.01 Created
12.20.02 Members
12.20.03 Powers
12.20.04 Revenues
12.20.05 Expenditures
12.20.06 Duties
12.20.07 Budget and appropriations
12.20.08 Rules and regulations
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12.20.01 Created There is hereby created the Van Buren Auditorium Commission,
hereafter referred to as the Commission. The Commission shall be established pursuant to the
provisions of Arkansas,Code Annotated, Sections 14 -141 -101 et seq, as presently written or later
amended. The Commission shall be composed of five (5) citizens who are qualified electors of
the city. No member of the Commission shall hold any remunerative elective office in the City,
State, or Federal government while serving as a member of the Commission, however, the Mayor
shall serve as an ex- officio member of the Commission. (Ord. No. 21 -97, Sec. 1.)
12.20.02 Members The members of the Commission shall be appointed by the Mayor and
confirmed by a majority vote of the duly elected and qualified members of the City Council and
shall hold their offices for a term of five (5) years; provided, however, that those first appointed
and confirmed shall serve for terms of one (1), two (2), three (3), four (4), and five (5) years
each, with the initial members and terms being designated by the Mayor and the City Council.
Thereafter, upon the expiration of their respective terms, Commissioners appointed and
confirmed for each position shall be appointed for a term of five (5) years.
Upon appointment, each Commissioner shall file the oath required of public officials in
the State of Arkansas and shall become bonded in the amount of $5,000.00 in order to insure the
city against any misappropriation or mishandling of funds. The surety of said bond shall be a
reputable surety corporation and the premium of which shall be paid from the King Opera House
Fund.
The Commissioners shall receive no salary but shall be entitled to be reimbursed from the
King Opera House Fund (as defined in Section 4) for actual expenses incurred in the
performance of their duties.
In the event of a vacancy occurring on the Commission, the vacancy shall be filled by
appointment by the Mayor, subject to the approval of a majority vote of the City Council.
Any Commissioner previously appointed may be removed for cause upon a two- thirds
(2/3) vote of the City Council. (Ord. No. 21 -97, Sec. 2.)
12.20.03 Powers The Commission shall have full and complete authority to manage,
operate, maintain, and keep in a good state of repair the King Opera House. The Commission
shall have full and complete charge of the building, including the right to control and permit or
refuse to permit such public gatherings or other meetings or affairs as the Commission shall see
fit and deem to be in the best interests of the city, and consistent with the laws and Constitutions
of the State of Arkansas and the United States, and shall have authority to enter into contracts
with person, firms, corporations, or organizations for the use, management, maintenance, and
operation of the King Opera House, or parts thereof. Further, the Commission shall have
authority to conduct fund raising activities on or off the premises of the King Opera House if it
so desires.
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The Commission shall have the right to employ or remove managers, janitors, and other
employees of whatever nature, kind, or character, and to fix, regulate, and pay their salaries from
the King Opera House Fund (as defined in Section 4.)
The Commission shall adopt such rules and regulations as it may deem necessary and
expedient for the proper operation and management of the King Opera House and shall have
authority to alter, change, or amend the rules and regulations at its discretion.
The Commission shall not have authority or power to sell, mortgage, or encumber the
King Opera House unless otherwise authorized by state law and approved by the City Council.
Unless otherwise provided, it is the intent of this ordinance to vest in the Commission the
authority to operate, manage, maintain, and control the King Opera House and to have full and
complete charge thereof. (Ord. No. 21 -97, Sec. 3.)
12.20.04 Revenues all revenues derived from the use of the King Opera House, as well as
moneys derived from gifts, donations, fund raising activities, unrestricted grants, appropriations
from the City Council or other City Commissions, or derived from any other source for the
benefit of the King Opera House, shall be placed into the King Opera House Fund, said fund to
be maintained by the Van Buren City Clerk. Moneys in the fund shall not be mingled with other
funds of the city and shall be handled exclusively by the Commission in the operations of the
King Opera House. (Ord. No. 21 -97, Sec. 4.)
12.20.05 Expenditures The Commission shall have, in addition to other powers
enumerated in this ordinance, the exclusive right and power to make purchases of all supplies,
apparatus, and other property and things requisite and necessary for the management and
operation of the King Opera House, and in all expenditures which may exceed the amount of
Three Hundred ($300.00) Dollars, it shall be the duty of the Commission to advertise for bids
and to let the work or contract to the lowest responsible bidder, provided it is feasible and
possible to obtain competitive bids.
The Commission shall have no power, except upon advertisement and award to the
lowest bidders, to make any contract with any person associated in business with or related
within the sixth degree of consanguinity or affinity under the civil law to any member of the
Commission, or to the Mayor or any member of the City Council. Every contract in which such
forbidden person shall have an interest, directly or indirectly, shall be null and void. Provided,
however, that any person otherwise disqualified, who has been specifically approved by the City
Council under authority of A.C.A. 14- 42- 107(b)(1) to conduct business with the City, shall also
be considered as approved to contract with the Commission, and further, that the provisions of
A.C.A. 14- 42- 10701(2) shall also be applicable to this ordinance.
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The King Opera House Fund may be expended by the Commissioners for the payment of
the Commissioners' surety bonds, for reimbursement of Commissioners' expenses, for the
expense of the annual audit, and for the purpose of obtaining conventions or other attractions to
meet in the King Opera House. (Ord. No. 21 -97, Sec. 5.)
12.20.06 Duties The Commission shall submit quarterly reports, beginning three (3)
months after the initial Commissioners take their oath of office, and each three (3) months
thereafter, reporting in full on the operations of the King Opera House including an accounting
of receipts and disbursements, to the Mayor and City Council. The Commission shall also
furnish such other and further reports, data, and information as may be requested by the Mayor
or City Council. The Commissioners shall certify as correct that portion of the quarterly reports
setting out the accounting of receipts and disbursements.
The Commission shall submit an annual audit of the operations of the King Opera House
to the Mayor and City Council. (Ord. No. 21 -97, Sec. 6.)
12.20.07 Budget and appropriations The Commission shall prepare, and present to the
Mayor for City Council approval, an annual budget for the next calendar year, setting forth
anticipated revenues and expenses and also the amount of money the Commission requests be
appropriated from the city general revenue fund, or from such other funds as the city has
available, and transferred into the King Opera House Fund. Upon approval of the city's budget,
the City Council may appropriate and transfer the total amount of money requested by the
Commission or, in the alternative, upon each quarterly report being submitted by the
Commission, may appropriate such moneys as the Council deems necessary to carry on the
operations of the King Opera House for the next quarters and/or to make up any deficits from the
previous quarters.
The City Council may, at any time other than when the quarterly report is filed,
appropriate and transfer such moneys as it deems necessary from the general revenue fund or
such other funds that the city may have available, for the purpose of maintaining the King Opera
House (Ord. No. 21 -97, Sec. 7.)
12.20.08 Rules and regulations The Commission shall adopt such rules and regulations
as it may deem necessary and expedient to manage itself and its meetings and shall have
authority to alter, change or amend the rules and regulations at its discretion with City Council
approval. (Ord. No. 3 -02, Sec. 1.)
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