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Ordinance 2016-25

ORDINANCE NO. 2016-25
AN ORDINANCE AMENDING TITLE 7 OF THE JOHNSON MUNICIPAL CODE BY AMENDING THE CHAPTER LISTING UNDER TITLE 7 AND BY ADDING CHAPTER 7.18 TO PROVIDE A PERMIT PROCESS FOR DISPOSAL OF LARGER QUANTITIES OF NATURAL VEGETATION BY CITIZENS OF JOHNSON

WHEREAS, residents and owners of property within the City from time to time have accumulations of natural vegetation which needs to be removed from their property in the interest of good health and safety;

WHEREAS, the City has traditionally provided an area where those larger accumulations of natural vegetation could be disposed of within the City in order to promote the good health and safety of City inhabitants;

WHEREAS, the unattended access to an area of the disposal of accumulations of natural vegetation has resulted in illegal dumping of non-natural vegetation items and illegal burning of the items dumped in that area; and,

WHEREAS, issuing permits for access to the area designated for disposal of natural vegetation only when a City employee is present to insure compliance with the limitations regarding what may be disposed of, to insure that only residents and property owners of the City are allowed to use the site and to insure that burning only occurs when it is safe to do so, and sale of the permits is necessary to provide for recovery of the cost of the program from those who utilize the program.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS, that:

Section 1: That Title 7, PUBLIC PEACE, SAFETY AND MORALS, the Chapter listing is hereby amended to read as follows:

"TITLE 7
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
7.18 City Bum Pit
7.20 Telecommunication Interference
7.24 Hot Checks
7.28 Fireworks
7.32 Sexually Oriented Businesses
7.36 Firearms"

Section 2: Title 7 of the Johnson Municipal Code is hereby amended by the addition of Chapter 7.18 City Bum Pit as follows:

"CHAPTER 7.18 CITY BURN PIT

Sections:

7.18.01 Designated Area
7.18.02 Restricted Access
7.18.03 Disposal of Natural Vegetation
7.18.04 Permit Required
7.18.05 Available Times Generally
7.18.10 Prohibited Conduct/Penalty

7.18.01 Designated Area:

The City shall endeavor to maintain an area within the City, if possible, where residents and owners of property within the City may dispose of natural vegetation from within the City which by reason of accumulation exceeds the amounts which may be burned within the City pursuant to Chapter 7.16.

7.18.02 Restricted Access:

When available the designated area shall be arranged so that access thereto shall be prevented except when specifically allowed and when attended by one or more City employees/officials to insure compliance with the terms of this Chapter.

17.8.03 Disposal of Natural Vegetation:

Only natural vegetation, which originated from within the City, may be disposed of at the designated area mentioned at 7.18.01; natural vegetation is defined as brush, limbs, grass and weeds only and no processed wood or wood products.

7.18.04 Permit Required:

In order to dispose of accumulations of natural vegetation a resident or owner of property within the City shall be required to purchase and present to the attendant at the designated area at the time of disposal a permit issued by the City for such disposal.

The permit shall either be a one-time permit (which allows one disposal of no more than a pick-up load of natural vegetation) or a seasonal permit (which is good for disposal of natural vegetation for periods up to one year).The fees for each type of permit shall be determined by the City Council, from time to time, and set at rates sufficient to recover for the City the expense of operating the City Bum Pit as set out in this Chapter.

However, at any time, due to accumulations of natural vegetation already at the designated area, access limitations to the designated area, bum bans and other unforeseen reasons, one-time permit holders and seasonal permit holders may be limited as to amounts of natural vegetation which can be disposed of at the designated area. A one-time permit shall not be sold if, at the time of the requested sale, the City Bum Pit cannot accept the then contemplated disposal.

7.18.5 Available Times Generally:

Subject to exigent circumstances, holidays, adverse weather conditions and lack of permit holders, the designated area shall be open to receive disposal of natural vegetation and an attendant present from 8:00 AM until 11:00 AM on each Friday. The City website and/or bulletin boards in the Public Places designated by Chapter 7.12 may be consulted to determine the designated area site (location and directions) as well as deviations from the above-stated hours of operation.

7.18.10 Prohibited Conduct/Penalty:

A. The failure of any person/entity to comply with the requirements of this Chapter 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.

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

PASSED AND APPROVED this 11th day of October, 2016.

APPROVED:
ATTEST: