AN ORDINANCE ADO,PTING AND ENACTING A NEW MUNICJ.l>AL CODE OF O~DINANCES OF THE CITY OJT ELKINS, A.RI(ANSAS, EST ABLISI-JING THE SAME; PROVIDING FOR TRE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE EFFECTIVE D.ATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; J?ROVID.ING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING FOR THE EFFECTIVE DATE OF TlUS ORDINANCE, DECLARING AN EMERGENCY TO EXIST AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF, ELKINS, ARKANSAS:
Section 1. That the Code of Ordinances is hereby adopted and enacted as the ''Elki11s' Muro,cipal Code". Such code shall be treated and considered as a new and original comprehensive ordinance whicl1 shaU supersede all other ge1,'\eral and pemtanent ordinanccs passed by the City Council on or before a 6th of January, 2011, to the extent provided in Section 2 hereof.
Section 2. That all provisions of such code shall be in full force and effect from and after the first day of May, 20 ll . All. previously enacted ordinances, whether or not included in this code, shall remain in full force a11d effect until s-pecifically repealed, amended, or otherwise affected by action of the govenm1g body.
Section 3. That wl1enever in such code an act is pxohibited or is made or declared to be unlawful or an offense or a misdemeanor, ot whenever \1) such code the doing of any act is required or the failure to do any act is declared to be unlawful and no specific penalty )s provided therefore, the violation of any such ptovision of such cod.e shall be punishable as prov.ided by Section 1.32.01 of such code.
Section 4. That any and all additions and amendments to such code, when passed in such form as to indicate the intentioll of the Ci.ty Council to make the same a part thereof, shall be deemed to be incorporated in such code so that reference to tb,e Elkins' Municipal Code sl1all be understood and intended to include such additions and amendments.
Section. 5. Tbat in case of the amendment of any section of such code for which a penalty is notprov;ded, the general penalty as provided in Section 1.32.01 of such code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty other than tbe aforeme11tioned general pe11alty is provided in another section in the same chapter) the penalty so provided jn such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.
Sectioll 6. That throe copies of such code shall be kept on file in the office of the office manager at Elkins, City Hall, 1874 Stokenbury Road or such other place as the Elkins ' City Hall may be relocated on a temporary or pennaneut basis, preserved in. loose-leaf form or io such other form as the City Council may consider most expedient. It shall be the express duty ofthe Office Manager) or someone authorized by tl1e Office Manager, to insert in their designated places all amendments or ordinances which indicate the intention. of the City CouncH to make the same a part of such code when the same have been printed or reprinted in page form, and to extract from such code all provisious which may be from time to time repealed by the City Councjl. These copies of such code s11aii be available for all persons desiring to examine the same.
Section 7. That it shall be unlawful for any person to change or amend by additions or deletions any part o.r portion of such code, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever which wjlj cause the law of the City of Elkins~ Arkansas to be misinterpreted thereby. Any person violating th1s section shall be punished as provided in Section 4 of this oridnance.
Section 8. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such cot'lflict, hereby repealed.
Section 9. 1t is hereby found that many of the ordinances of the City of Elkins are not easily accessible to citizens and municipal offic\als and thereby has rendered it difficult for many persons to detennine the actual laws in effect; and that the city bas made unusual efforts to have the laws of the City of Elkins adopted and published. Therefore, m.t emergency \s hereby declared to exist and this ordinance being necessary for the immediate preservation of the public peace, health and safety, shall be in full force nnd effect from and after its passage and approval.
Approved and passed this _ __ day of April, 20'11 .
- Ordinance 04212011B (165 Downloads)