Public Peace, Safety and Morals - C7

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Public Peace, Safety and Morals

PUBLIC PEACE, SAFETY AND MORALS

 

 

Chapters:

7.04     State Criminal Statutes and Penalties

7.08     Curfew

7.12     Posting of Ordinances

7.16     Open Burning

7.20     Telecommunication Interference

7.24     Hot Checks

7.28     Fireworks

7.32     Sexually Oriented Businesses

            7.36     Firearms

           

CHAPTER 7.04

STATE CRIMINAL STATUTES AND PENALTIES

Sections:

7.04.01            State criminal misdemeanor statutes adopted

7.04.01 State criminal misdemeanor statutes adopted The criminal misdemeanor statutes of the state of Arkansas are hereby adopted as ordinances of the city of Johnson, Arkansas, and the penalties prescribed for violation of said ordinance shall be the same as those penalties and fines prescribed by the criminal misdemeanor statutes of the state of Arkansas, without further approval of the City Council of Johnson, Arkansas. (Ord. No. 43, Sec. 1.)

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CHAPTER 7.08

CURFEW

 

 

 

Sections:

 

            7.08.01            Findings and purpose

            7.08.02            Definitions

            7.08.03            Curfew for minors

            7.08.04            Exceptions

            7.08.05            Fine

            7.08.01 Findings and purpose The City Council for the city of Johnson, Arkansas, finds that special circumstances exist within the city that call for special regulation of minors within the city in order to protect them from each other and from other persons on the street during the nocturnal hours, to aid in crime prevention, to promote parental supervision and authority over minors, and to decrease nocturnal crime rates. (Ord. No. 2002-5, Sec. 1.)

            7.08.02 Definitions For purposes of this curfew ordinance, the following terms, phrases, words, and their derivations shall have the meanings ascribed to them by this section:

            City is the city of Johnson, Arkansas.

            Emancipated minor means a minor who no longer has a parent-child relationship as a result of marriage, or as a result of being recognized as an adult by order of a court of competent jurisdiction.

            Legitimate parentally-approved errand means a minor performing a necessary task at the direction of the minor’s parent, and the non-performance of the errand, or delay in performance until after curfew hours have abated, would result in injury or undue hardship.

            Minor means any un-emancipated or unmarried person under the age of eighteen (18) years of age.

            Parent means any person having legal custody of a minor

            A.        As a parent,

            B.        As an adoptive parent,

            C.        As a legal guardian,

            D.        As a person to whom legal custody has been given by the order of a court.

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            Public places means a publicly or privately owned place to which the public or substantial numbers of people have access. A public place does not include the residence of a minor, or the residence of a minor’s parent, or responsible adult.

            Responsible adult means a person at least twenty-one (21) years of age to whom a parent has expressly given permission to accompany a minor. (Ord. No. 2002-5, Sec. 1.)

            7.08.03 Curfew for minors

A.        It shall be unlawful for any minor to be upon the streets, sidewalks, parks, playgrounds, public places and vacant lots, or to ride in or upon, drive or otherwise operate or be a passenger in any automobile, bicycle, or other vehicle in, upon, over or through the streets, or other public places between the following hours:

1.         On Sunday through Thursday evenings from 11:00 p.m. through 5:00 a.m. (6 hours);

2.         On Friday and Saturday evenings beginning at midnight through 5:00 a.m. (5 hours).

B.        It shall be unlawful for any parent to permit a minor to be upon the streets, sidewalks, parks, playgrounds, public places and vacant lots, or to ride in or upon, drive or otherwise operate, a vehicle in, upon, over or through the streets, or other public places in violation of (A) (1) above. The fact that a minor is in violation of the provisions of (A) (1) hereinabove, without a defense as set forth in this ordinance, shall create a rebuttable presumption that a parent is in violation of this subsection. (Ord. No. 2002-5, Sec. 1.)

7.08.04 Exceptions

A.        Not withstanding the provisions of this ordinance, the Minor Curfew Ordinance does not apply:

1.         At any time a minor is accompanied by a parent, or by a responsible adult authorized by a parent to take the parent’s place to accompany the minor for a designated period of time and purpose within a specified area.

2.         If the minor is employed, for a period of time forty-five (45) minutes after work, provided that circumstances suggest the minor is returning from work to a place of residence.

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3.         When a minor is returning home from an activity that is supervised by adults and sponsored by the city, a civic organization, a public or private school, or any entity that takes responsibility for the minor, provided that the activity has not concluded for more than forty-five (45) minutes.

4.         At any time the minor is on a legitimate parentally-approved errand.

5.         At any time the minor is on a trip in interstate commerce.

6.         At any time the minor is required to leave a residence because of an emergency.

7.         At any time the minor is engaged in an activity that is protected by the First Amendment to the United States Constitution, or the freedom of speech, religion or expression provisions in Article II of the Arkansas Constitution.

B.        If a minor being questioned about the possible violation of this curfew ordinance provides a law enforcement officer with sufficient reason to believe that the minor is entitled to an exemption under 7.08.04 (1) above, the law enforcement officer shall take no enforcement action under this article, provided the officer may make a report of the minor’s identity, the exemption claimed, and other necessary information to note the possible violation of this article. (Ord. No. 2002-5, Sec. 1.)

7.08.05 Fine

A.        A parent or minor found to be in violation of this article shall be subject to a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

B.        At the discretion of the law enforcement officer, any minor receiving a citation for violation of this curfew ordinance may be released to immediately return home, may be escorted to their home, or may be taken into custody and delivered to an appropriate juvenile authority to be held until a parent can be located to take custody of the minor.

C.        Nothing in this section shall preclude a law enforcement officer from taking any or all appropriate actions for a minor’s violation of any other local or state law.

            (Ord. No. 2002-5, Sec. 1.)

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CHAPTER 7.12

POSTING OF ORDINANCES

Sections:

 

            7.12.01            Posted

            7.12.02            Details

            7.12.03            Record

            7.12.04            Places

            7.12.01 Posted All laws, bylaws, or ordinances of the city of Johnson, Arkansas, hereinafter adopted or enacted shall be posted in the five (5) hereinafter designated public places for a period of not less than thirty (30) calendar days. (Ord. No. 2011-11, Sec. 1.)

            7.12.02 Details Such posting, as aforesaid, shall occur within seventy-two (72) hours of adoption or enactment, shall be done in a manner which provides reasonable protection for the documents against the elements, the posting should ensure that the full text of the ordinance is visible to the public or that the full title and first page of text is visible with written advice to the effect that a complete copy of the entire text of the bylaw or ordinance is available to the public at the office of the city Recorder/Treasurer in City Hall during regular office hours. (Ord. No. 2011-11, Sec. 2.)

            7.12.03 Record The official or employee of the city of Johnson who posts each such law, bylaw or ordinance, and who later removes each such law, bylaw or ordinance shall make a permanent record of the date of posting, the date of removal, and the locations where posted in a permanent record to be maintained by the city Recorder/Treasurer. (Ord. No. 2011-11, Sec. 3.)

            7.12.04 Places Effective with the passage of this ordinance, the five (5) most public places in Johnson, Arkansas, are hereby determined to be:

            City Hall – south entrance;

            City Hall – 2904 Main Drive, freestanding bulletin board;

            Curt’s Place, 2135 Main Drive, inside bulletin board;

Former Post Office, southwest corner of Main and Wilkerson, freestanding bulletin board; and

Shoppes at the Mill, 3801 Greathouse Springs Road, freestanding bulletin board.

(Ord. No. 2011-11, Sec. 4.)

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CHAPTER 7.16

OPEN BURNING

Sections:

 

            7.16.01            Rules

            7.16.02            Fine

            7.16.01 Rules In conjunction with Chapter 3 of the 2002 edition of the Arkansas Fire Prevention Code, the following rules must be followed when burning outdoors inside the city:

A.        A permit is required for all controlled burns. Permits may be obtained at the Johnson Fire Department during normal business hours and notification made as to the location of the fire and the person responsible for the fire. A fire may not be ignited before obtaining a permit.

B.        Fires shall be small and fifty (50) feet or more from any building. Any variance from this subsection must be approved by the Fire Marshall and must meet the fire code provisions.

C.        A fire must be attended by a competent person at all times, which means a fire may not be so large in size to exceed the amount of locations for those attending the fire to properly manage and control it.

D.        Fire control equipment must be available, for example, a garden hose, a fire extinguisher, or heavy equipment.

E.         Burning of plastics, rubber, shingles, tires or any construction materials, or anything that will create black smoke is prohibited.

F.         The fire must be extinguished (completely extinguished) by dark.

G.        Gasoline or any other accelerant may not be used to start a fire.

H.        These rules are in addition to those set out in the state Fire Prevention Code. The Fire Department may require extinguishment of the fire if a complaint is received by the department, such as smoke blowing towards or in a person’s home.

            (Ord. No. 2008-4, Sec. 2.)

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7.16.02 Fine

A.        The failure of any person to comply with the requirements of this ordinance is declared an unlawful act and declared to be a misdemeanor and upon conviction the violation shall be punishable according to the provisions as set forth below, in addition to any remedies which may be available under state law.

B.        Except as otherwise posted, a person convicted of a violation of this ordinance shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or double such sum for each repetition thereof. If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed Two Hundred Fifty Dollars ($250.00) for each day that the violation is unlawfully continued.

C.        Violations of this ordinance that are continuous with respect to time, are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.

D.        If the violation of this ordinance is also a misdemeanor under state law, the penalty for the violation shall be as prescribed by state law for the stated offense.

            (Ord. No. 2008-4, Sec. 3.)

CHAPTER 7.20

TELECOMMUNICATION INTERFERENCE

Sections:

 

            7.20.01            Prohibited

            7.20.02            Fine

            7.20.01 Prohibited There is hereby deemed a misdemeanor for any person, to take down, remove, injure, disable, or otherwise prevent access to any line of telephone, cell phone, cable, internet service or any other communications device (wired or wireless) to prevent its use to notify law enforcement or others of a criminal or threatening activity or threatened violence. (Ord. No. 2007-4, Sec. 1.)

            7.20.02 Fine There is hereby levied a fine of One Hundred Dollars ($100.00) plus costs, for each offense or each instrument disabled or withheld. (Ord. No. 2007-4, Sec. 2.)

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CHAPTER 7.24

HOT CHECKS

Sections:

 

            7.24.01            Prosecution

            7.24.01 Prosecution It is ordained by the City Council of the city of Johnson, Arkansas, that in order to insure quality police protection and law enforcement within the confines of this municipality by the Marshall’s office of Johnson, Arkansas, that the City Attorney and office of the Marshall for the city of Johnson, Arkansas be directed to defer prosecution of violation of the Arkansas Hot Check Law to the Prosecuting Attorney for the state of Arkansas, 4th Judicial District, wherein the amounts concerned are less than Ten Dollars ($10.00). (Ord. No. 86, Sec. 1.)

 

CHAPTER 7.28

FIREWORKS

Sections:

 

            7.28.01            Sale and use of fireworks

            7.28.02            Fine

            7.28.03            Public fireworks’ displays

            7.28.04            Fine

            7.28.01 Sale and use of fireworks

A.        No individual, partnership, corporation, organization and other entity shall sell or offer for sale within the city of Johnson fireworks or any other explosive or combustible device used for amusement and visible or audible pyrotechnic display except as specifically authorized herein.

B.        Fireworks which are not prohibited under state or federal law and which are considered consumer fireworks as defined under federal law and regulations (27 C.F.R. 555.11) may be sold between June 28th and July 5th of each year, subject to the provisions set out herein. Any individual, partnership, corporation, organization or other entity desiring to sell fireworks must obtain a permit. The

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fee for each permit shall be Five Hundred Dollars ($500.00) per location, which includes a business license as required by Title 4. One-half of the permit fee of Two Hundred Fifty Dollars ($250.00) shall be paid at the time the completed application is filed with the city, the balance of the permit fee is due when the permit is issued. The initial Two Hundred Fifty Dollars ($250.00) of the permit fee is non-refundable as it will be used to cover costs of city resources to investigate the application, such initial funds shall be divided as follows: $125.00 Johnson Area Volunteer Fire Department, $75.00 Johnson Police Department and $50.00 to City General Fund.

            The Fire Department, Police Department and street or planning officials shall inspect the proposed location for each permit after an application is filed and either approve, approve upon conditions or deny the permit. All denials or approval upon conditions shall be in writing which writing shall be provided to the applicant. Inspections by these departments shall continue throughout the set-up, sales periods and takedown of each location.

Before a permit to sell fireworks is issued, the entity applying for the permit must show proof that each location will be insured by a licensed insurance company for $1,000,000.00 premises liability. The Fire Department shall insure compliance with all parts of the International Fire Code, this code and all other applicable fire code requirements prior to approval of the application and throughout the set-up, sales period and take-down of each location.

C.        Sales of fireworks shall not occur within 50 feet from the nearest portion of a street-highway, within 250 feet of fuel dispensing or storage facility or within 250’ of any educational or institutional facilities.

D.        Sales hours shall be from 8:00 a.m. until 12:00 p.m. on days permitted in (B) above.

E.         All sales locations shall have twenty-four (24) hours security from set-up to take-down, acceptable sleeping and sanitation provisions for employees who shall be twenty-one years of age or older. No sales to persons under eighteen (18) years of age are allowed.

F.         The completed application shall be filed with the city (and the non-refundable portion of the permit fee paid) at least ten (10) days prior to any sale or offering for sale of fireworks at each location. The Fire Department, Police Department and other city officials shall promptly investigate each application location and make a determination no later than ten (10) days after the application is filed.

G.        The Fire Department shall prescribe on-site available fire suppression equipment and area for each location.

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H.        No fireworks use may occur within fifty (50) yards of a sales location.

I.          For each fireworks location actually permitted, the applicant shall post a Five Hundred Dollars ($500.00) clean—up deposit to insure that the location is cleaned and left in good order following take down. The City Building Official shall make one (no cost) inspection of each location following take-down and determine the amount of the clean-up deposit to be refunded. Additional inspection trips are Fifty Dollars ($50.00) each. With respect to the amount of the clean-up deposit refund, the opinion of the City Building Official is appealable to the City Council.

J.          The balance of the permit fee paid when the permit is issued shall be divided as follows:

                                                $125.00 Johnson Fire Department

                                                $75.00 Johnson Police Department

                                                $50.00 General Fund

K.        Failure of a fireworks sales location operator to remain in full compliance with this code and all codes mentioned herein or any requirements made by city officials will result in suspension or revocation of the Fireworks Sales Permit without a refund of any moneys paid.

L.         Each fireworks sales location operator shall prominently display the permit issued by Johnson, their sales tax permit and the name of the operator at each location.

M.        It is unlawful and prohibited for any person or entity to use, explode, shoot, discharge or otherwise ignite any fireworks (firecrackers, Roman candles, bottle rockets or other display fireworks) within the city limits of Johnson, Arkansas, except that:

1.         During the hours of 6:00 p.m. until 10:30 p.m. on July 3 and July 4 of each year and from 12:00 a.m. until 12:30 a.m. on January 1 of each year, the use of fireworks shall be allowed provided there are no burn bans or fire warnings due to dry conditions;

2.         Use of fireworks during the hours set forth above shall be by an adult or directly under adult supervision.

N.        Any 501 (C) (3) or other eleemosynary organization may apply to the Johnson City Council for a rebate of one-half (½) of the Fireworks Sales Permit fee.

            (Ord. No. 2010-2, Sec. 1.)

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7.28.02 Fine Violation of any portion of this section by any person or entity shall upon conviction, be a violation and shall be punishable by a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each offense. Each violation shall be considered a separate offense. (Ord. No. 2010-2, Sec. 2.)

7.28.03 Public fireworks’ displays

A.        Public displays of fireworks may be allowed upon the application and granting of a public fireworks display permit by the Mayor or his designee subject to the following conditions:

1.         An applicant must possess a valid state fireworks permit and comply with all applicable state and federal laws and regulations and requirements of NFPA 1123 to apply for a Johnson public fireworks display permit.

2.         Public fireworks display permits may be issued for the following dates pursuant to subsections B and C below, for the hours of 10:00 a.m. through 11:00 p.m. on July 1st, 2nd, 3rd , and 4th .

3.         Public fireworks display permits may be issued as a part of any special event permit issued by the city.

B.        The Fire Chief or Mayor shall be authorized to declare an emergency and prohibit all use of fireworks upon a determination that such use would create a fire hazard due to dry conditions.

C.        The Fire Chief or Mayor shall be authorized to approve an alternate date for any permitted public display which is canceled due to adverse weather conditions.

D.        City staff shall prepare such forms necessary to process requests for public fireworks displays in accordance with this section; the public fireworks display permit fee shall be Five Hundred Dollars ($500.00) with Two Hundred Dollars ($200.00) of such fee being credited to the Johnson Police Department budget, Two Hundred Dollars ($200.00) of such fee being credited to the Johnson Fire Department budget and the balance credited to the general fund.

            (Ord. No. 2011-5, Sec. 1.)

7.28.04 Fine Any violation of 7.28.03 shall, upon conviction, be a violation and shall be punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense. Each violation shall be a separate offense. (Ord. No. 2011-5, Sec. 2.)

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CHAPTER 7.32

SEXUALLY ORIENTED BUSINESSES

Sections:

 

            7.32.01            Purpose and intent

            7.32.02            Definitions

            7.32.03            Classification

            7.32.04            Conditional use

            7.32.05            Fine

            7.32.06            Subsequent location

            7.32.01 Purpose and intent It is the purpose of this ordinance to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the city of Johnson, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city of Johnson. The provisions of this chapter have neither the purpose nor effect of imposing a imitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors, and exhibitors of sexually oriented entertainment to their intended market, unless otherwise restricted by law. (Ord. No. 97-5, Sec. 1.)

            7.32.02 Definitions

            Adult arcade Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled image producing devices are maintained to show images to five (5) or fewer viewers at one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”

            Adult bookstore or adult video store A commercial establishment whose principal business purpose is to offer for sale or rental for any form of consideration any one or more of the following: Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas.”

            Adult cabaret A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

            A.        Persons who appear in a state of nudity; or

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B.        Live performances which are characterized by the exposing of “specified sexual activities” or “specified anatomical areas,” or

C.        Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction of “specified sexual activities” or “specified anatomical areas.”

Adult motion picture theater A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown, excluding those which are rated by the Motion Picture Association of America, which emphasize “specified sexual activities.”

Adult theaters A theater, concert hall, auditorium, or similar commercial establishment, which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “specified sexual activities” or “specified anatomical areas.”

Nudity or state of nudity

A.        The appearance of the bare human buttock, anus, male genitals, female genitals, or female breast.

B.        A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.

            Person An individual, proprietorship, partnership, corporation, association, or other legal entity.

            Sexually oriented business An adult arcade, adult bookstore or adult video store, adult cabaret, adult motion picture theater, or adult theater as the same are defined herein.

            Specified sexual activities

            A.        Human genitals in a state of sexual stimulation or arousal.

            B.        Acts of human masturbation, sexual intercourse, or sodomy.

C.        Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

Specified anatomical areas

A.        Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola.

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B.        Human male genitals in a discernible turgid state, even if completely and opaquely covered. (Ord. No. 97-5, Sec. 2.)

7.32.03 Classification Sexually oriented businesses are classified as follows:

A.        Adult arcade

B.        Adult bookstores and adult video stores

C.        Adult cabarets

D.        Adult motion picture theaters

E.         Adult theaters

            (Ord. No. 97-5, Sec. 3.)

7.32.04 Conditional use Sexually oriented businesses shall not be allowed in any zoning district except C-2 where they may be allowed as conditional uses subject to the following:

A.        No sexually oriented business may be operated within 1,000 feet of:

            1.         A church

2.         A public or private elementary, secondary or post-secondary school, pre-school or child care facility.

3.         A public park

            B.        No sexually oriented business may be operated within 500 feet of:

                        1.         A residential zone or any residential use.

2.         A residential zone or any residential use as measured by automobile travel distance from the exit of a sexually oriented business property to the property line of the residential zone or use.

C.        No sexually oriented business may be operated within 1,000 feet of another sexually oriented business or within 1,000 feet of any room, building, premises, place or establishment that sells or dispenses alcohol or beer.

D.        For the purposes of subsection (A), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.

E.         Ord. No. 117 governs application of conditional uses and procedures shall apply in addition to the specific requirements set forth above. (Ord. No. 97-5, Sec. 4.)

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7.32.05 Fine

A.        Any person operating or causing to be operated any sexually oriented business in violation of any part of this ordinance, upon conviction, is punishable by a fine not to exceed One Thousand Dollars ($1,000.00).

B.        If the violation is in its nature continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed Five Hundred Dollars ($500.00) for each day that the same is unlawfully continued.

C.        A person who operates or causes to be operated a sexually oriented business in violation of this ordinance will be subject to a suit for injunction as well as prosecution for criminal violations. (Ord. No. 97-5, Sec. 5.)

7.32.06 Subsequent location A lawfully operating sexually oriented business shall not be rendered illegal by the subsequent location of a church, a public or private school, a pre-school, a child care facility, a public park, residential zoning, or residential uses. (Ord. No. 97-5, Sec. 6.)

CHAPTER 7.36

FIREARMS

Sections:

 

            7.36.01            City limits

            7.36.02            Fine

            7.36.01 City limits No person, firm or corporation shall fire or discharge a firearm or pistol using either powder, gas, air or chemical as a propellant within the corporate limits of the city of Johnson, Washington County, Arkansas, except:

A.        On and within the officially designated Johnson Police firing range and only under the range rules and regulations as set out by the Johnson Police Department;

B.        For the protection of life or property; and

C.        On and within districts zoned as “agricultural.”

            (Ord. No. 110, Sec. 1.)

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7.36.02 Fine Any person, firm or corporation violating the provisions of this ordinance shall be guilty of a misdemeanor and shall be fined in a sum not less than Twenty-Five Dollars ($25.00) , and not more than One Hundred Dollars ($100.00), and each violation shall be and constitute a separate offense. (Ord. No. 110, Sec. 2.)

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