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Ordinance #61

AN ORDINANCE PROHIBITING DUMPING AND/OR LITTERING IN THE
CITY OF JOHNSON, ARKANSAS, AND CONTROLLING THE COLLECTION
TRANSPORTATION OF TRASH WITHIN THE CITY OF JOHNSON, ARKANSAS
WHEREAS, the dumping and littering of trash within the City of
Johnson, Arkansas, is a threat to the public health, welfare and safety
of the citizens of the City of Johnson, Arkansas; and,
WHEREAS, enforcement of existing ordinances and statutes regulating
and/or prohibiting the dumping and littering of trash have proved to be ineffective
in controlling such conduct and has allowed a situation, to develop
which is dangerous to the health and welfare of the citizens of the City of
Johns on, Arkans as;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF
JOHNSON, ARKANSAS;
SECTION ONE: It shall, from and after the effective date of this
Ordinance, be illegal for any person, organization, or other legal
entity to dump, throw, deposit, strew, or otherwise dispose of
trash, debris, salvage, garbage, or other offensive/noxious matter
yalong or upon any public highways, roads, streets and thoroughfares,
within the City of Johnson, Arkansas. This shall not in any way
limit or restrict the orderly temporary storage of any such items,
in suitable containers, on private property within Johnson, Arkansas,
for the purpose of having same collected or picked up by an approved
trash collection/removal service.
SECTION TWO: It shall, from and after the effective date of this
Ordinance, be illegal for any person, organization, or other legal
entity to allow trash, debris, salvage, garbage, or other offensive/
noxious matter to fall or otherwise escape from a moving motor
vehicle, along or upon the public highways, roads, streets and
thoroughfares within the City of Johnson, Arkansas. It shall not
be. a defens.e to this Statute that the violation occurred without
any direct act of the operator of a motor vehicle; all operators
of motor vehicles are hereby- charged with..the affirmative duty of
securing any and all loads/items in or upon their vehicles.
SECTION THREE: Violation .of this. Ordinance shall be punishable by
the imposition of a fine not less than $25.00 nor more than
$200.00  per occurrence. Each and every singular act of dumping,
throwing, depositing, strewing, or otherwise disposing of the
prohibited matter shall constitute a separate occurrence.
SECTION FOUR: This Ordinance shall be declared severable, and if
any section, paragraph, sentence or clause of said Ordinance shall
be declared unconstitutional, such unconstitutional portion of said
Ordinance shall not affect the remaining portions thereof.
This Ordinance shall be in full force and effect from and after its
passage, approval, publication and recording of a certified copy thereof in the
office of the Circuit Clerk and Ex-Officio Recorder of Washington County.