General Provisions - C1
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General Provisions

 

TITLE 1

GENERAL PROVISIONS

Chapters:

1.04     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

 

                                CODE DESIGNATED AND CITED

 

Sections:

1.04.01            Code designated and cited

1.04.01 Code designated and cited The ordinances embraced in the following chapters and sections shall constitute and be designated “Johnson Municipal Code" and may be so cited.

STATE LAW REFERENCE-See A.C.A. 14-55-701, et seq.

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CHAPTER 1.08

RULES OF CONSTRUCTION

Sections:

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: A.C.A. refers to the official Arkansas Code                                                   Annotated which sets forth the laws passed by the General Assembly of the state of Arkansas.

CITY. The words "the city" or "this city" shall mean the city of Johnson, 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 Johnson, Arkansas.

COUNTY. The words "the county" or "this county" shall mean the county of Washington, Arkansas.

GENDER. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, and corporations as well as to males.

MUNICIPALITY. The words "the municipality" or "this municipality" shall mean the city of Johnson, Arkansas.

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".

OTHER CITY OFFICIALS OR OFFICERS. References made to officials, boards, commissions, departments, etc., by title only shall be deemed to refer to the officials, boards, commissions and departments of the city of Johnson, Arkansas.

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.

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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, lanes, viaducts and all other public highways in the city of Johnson, Arkansas.  

TENSE. Words used in the past or present tense include the future as well as the past or present tense.

                                                             CHAPTER 1.12

 

                                   SUBHEADINGS OF SECTIONS

 

Sections:

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.

                                                                             

CHAPTER 1.16

 

                           EFFECT OF REPEAL OF ORDINANCES

 

Sections:

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, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.

                                                                             

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CHAPTER 1.20

 

                             SEVERABILITY OF PARTS OF CODE

 

Sections:

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 of the city of Johnson, Arkansas, 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 unconstitutional or invalid by the judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, chapters, titles and sections of this code.

                                                             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 manner, if substantially similar language is used: "That section ________________ of the Johnson 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 or substantially similar language may be used: "That the Johnson 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.

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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. In the alternative, if an ordinance is repealed by reference to its ordinance number, then the code section, title, chapter or provision setting forth the words of the repealed ordinance shall be deemed to have been repealed and shall be omitted from this code.

                                                             CHAPTER 1.28

 

                                              ALTERING CODE

Sections:  

1.28.01            Altering code

1.28.01   Altering code Any ordinance and any portion of this code shall be repealed or amended only by an ordinance duly passed by the governing body of the city of Johnson, or by a vote of the qualified electors as provided in the Constitution or the laws of the state of Arkansas. 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 which shall cause the law of the city of Johnson, Arkansas to be misrepresented thereby. Any person violating this section shall be punished as provided by Section 1.32.01 hereof.

                                                             CHAPTER 1.32

 

                                           GENERAL PENALTY

Sections:

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, whenever 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 Dollars ($500.00) or double that sum for each repetition of such offense or violation and if the act is continuous, not more than Two Hundred and Fifty Dollars ($250.00) 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 therefore shall be no less nor greater than that set forth by state law.   STATE LAW REFERENCE-See A.C.A. 14-55-502.

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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 Johnson Recorder/Treasurer within thirty (30) days after passage and publication of any such ordinance. (Ord. No. 2003-2, Sec. 1.)

 

            1.36.02   Notice of hearing Whenever any referendum petition is filed, the City Council shall give notice by publication, by one insertion, of a time not less than five (5) 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 in such published notice, 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 Circuit Court of Washington County, Arkansas, within the time allowed by law to review its action. (Ord. No. 2003-2, Sec. 2.)

            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 be less than ten (10) days after the order therefor has been passed by the Council, and said special elections shall be had and conducted as general municipal elections held in the city of Johnson. (Ord. No. 2003-2, Sec. 3.)

            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 interlineating the same with red ink. (Ord. No. 2003-2, Sec. 4.)

STATE LAW REFERENCE - See Const., Amend. No. 7 and A.C.A. 14-55-301

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