Ordinance 1032 Clean-Up

ORDINANCE NO. 1032

 

AN ORDINANCE AMENDING ORDINANCE NUMBER 725 REQUIRING THE KEEPING OF CLEAN, SIGHTLY, AND SANITARY PREMISES; REQUIRING PROPERTY OWNERS AND TENANTS TO ELIMINATE, FILL UP AND REMOVE STAGNANT POOLS OF WATER, UNSANITARY THINGS, PLACES AND CONDITIONS WHICH MIGHT BECOME A BREEDING PLACE FOR VERMIN, FLIES, MOSQUITOES, VIRUSES, AND GERMS WHICH MIGHT BE A DANGER TO THE PUBLIC HEALTH; PROHIBITING THE DUMPING OF TRASH OR REFUSE WITHIN THE CITY OF DE QUEEN; REQUIRING OWNERS AND OCCUPANTS OF PREMISES ABUTTING ON STREETS TO KEEP THE STREET GUTTERS ALONGSIDE THEIR PREMISES CLEAR OF ALL MATTER PREVENTING THE FREE FLOW OF WATER THEREIN AND PROHIBITING OBSTRUCTIONS TO SUCH FLOW; PROVIDING FOR THE CONDEMNATION AND REMOVAL OF HOUSES, BUILDINGS AND STRUCTURES CONSTITUTING NUISANCES WITHIN THE CITY LIMITS; PROVIDING FOR A LIEN ON THE PROPERTY; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR ADMINISTRATIVE PROCEDURES TO ENFORCE THIS ORDINANCE; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.

 

WHEREAS, on the 6th day of August, 1991, the City Council did herein pass Ordinance number 725 regarding the clean up of certain conditions on property located within the City of De Queen city limits. That since said time there have been certain changes to the enforcement of said Ordinance;

 

AND WHEREAS, the City Council has decided that the municipal ordinances need revision and improvement as a condition precedent to the renewed effort to improve the City of De Queen;

 

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DE QUEEN, ARKANSAS, THAT:

 

PART A – POLICY

 

SECTION 1: This ordinance shall be known and cited as the “CODE OF NUISANCE ABATEMENT AND HEALTH MAINTENANCE.” The City’s policy shall be to improve the overall appearance and health conditions in De Queen, to abate nuisances, to punish violators, and to respond affirmatively to the need to remain vigilant as to the re-occurrence of nuisances, unsightly conditions, and threats to the public health, after the current nuisances, and threats to public health are abated under the ongoing program of eradication of the same.

 

SECTION 2: The current program of nuisance abatement and clean-up, both administratively, and by litigation shall continue, and the City Council commits itself to appropriating sufficient funds to pay for the costs of clean-up and nuisance abatement.

 

PART B – HEALTH PROTECTION MEASURES

 

SECTION 1: All property owners within De Queen, are hereby required to cut weeds, grass, shrubs, dead trees, and remove garbage, rubbish, junk, wrecked or inoperative motor vehicles, old tires, mechanical parts, pipe, scrap metals, broken concrete, broken tiles and brick, and all other unsanitary and unsightly articles and things from their property, and to eliminate, fill up or remove stagnant pools of water, pools of chemicals, and any other unsanitary thing, place or condition which is, or might become, a breeding place for vermin, mosquitoes, flies, germs and viruses which are harmful to the community, including the correction of defective sewer service lines and connections, or the connection of the property’s sewage system with the public sewer system, or a properly installed and functioning private sewer system ( septic tank and related field lines and service lines) on the property.

 

SECTION 2: If the owner or owners of any lot or other real property within the city limits after the giving of seven (7) days’ notice in writing by the Fire Chief or someone dully appointed by him, shall refuse or neglect to perform the duties in connection with his, her or their property as specified in Section 1, the Code Enforcement Officer is authorized to enter upon the property and do whatever is necessary to correct the condition including but not limited to having said weeds, rank grass and other vegetation cut and removed, and dead trees cut and removed, and eliminate all unsanitary and unsightly conditions. The actual costs thereof shall be charged to the owner of the lots or other real property. The City shall be given a lien against the property for the costs, including all administrative and collection costs.

 

Additionally, non-compliance after notice shall be sufficient reason for the City of De Queen to discontinue all city services to the property involved, and the Fire Chief or Code Enforcement Officer may, at his discretion, direct the disconnecting and removal of all water meters and other service meters and connections to the property, until compliance with the demand to abate the nuisance is made. This policy of the discontinuance of city services is to be supplemental to all other methods of enforcing compliance with the policies of this ordinance and shall apply to other Parts of this ordinance as though specifically set forth in such other Parts. It is the City Council’s intent to provide all procedures necessary and lawful to the Fire Chief and/or code Enforcement Officer and the executive branch of the municipal government to the end that public health and pleasant, clean, surroundings in the City shall be obtained and maintained.

 

SECTION 3: In the event the owner, of the lot or other real property is unknown or his or her whereabouts is, not known, or if, the owner, is a non-resident of Arkansas, then a copy of the written notice herein-above referred to shall be posted upon the premises, and before any action to enforce the lien shall be had, the City Clerk shall make an affidavit setting out the facts as to the unknown address or whereabouts of nonresidents. Thereupon service of process by publication as provided by law against nonresident defendants may be had. Attorney ad litem shall be appointed to notify the defendant owner, by certified letter addressed to the last-known address or place of residence, if it can be found.

 

Notwithstanding any other provision of law, after a notice has been issued for a specific violation of an order under this ordinance directing an owner to eliminate a condition on the owner’s property, an additional notice for a subsequent violation of that specific violation within the same calendar year shall not be required before the issuance of a citation.

SECTION 4: The lien for clearance herein provided may be enforced and collected within ten (10) years after a lien has been filed in either one of the following manners:

 

(A)       The lien may be enforced by filing a foreclosure action in the Circuit Court of Sevier County, Arkansas; OR

 

(B)       The amount of the lien may be determined at a hearing before the City Council held after thirty (30) days written notice by certified mail to the owner, if the name and whereabouts of the owner, are known. But if the name of the owner, owners, tenant, or tenants be unknown or cannot be determined, then after publication of notice of such hearing in a newspaper having a bona fide circulation in Sevier County, for one (1) insertion per week for four (4) consecutive weeks; and the amount so determined at said hearing, plus ten percent (10%) penalty for collection, shall be certified by the City Council to the Sevier County Tax Collector, and placed by him or her on the tax books as delinquent taxes, and collected accordingly. The amount, less three percent (3%) thereof, when so collected shall be paid to the City of De Queen by the county tax collector.

 

SECTION 5: Any person, firm or corporation violating the provisions of Part B of this Ordinance, upon conviction, shall be guilty of a misdemeanor and shall be fined in a sum of not less than One Hundred dollars, nor more than Five Hundred dollars. The Code Enforcement Officer may issue citations. Any law enforcement officer may issue citations.

 

PART C – VACANT PROPERTIES – NUISANCES

 

SECTION 1: From and after the passage and approval of this ordinance, it shall be unlawful for any person, firm, or corporation to dump, place, or throw any form of trash, refuse, cans, junk, bottles, garbage, dead animals, paper, rags, metal objects, inoperative  motor vehicles scrap metals, concrete scrap, brick or other ceramic scrap, bones, or any other kind or form of trash or garbage upon the streets, alleys, and other publicly-owned properties within De Queen.

 

SECTION 2:  Any person, firm, or corporation who shall violate these provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than One Hundred Dollars (#100.00), nor more than One Thousand Dollars ($1,000.00). In addition to any sentence the court upon conviction shall impose not more than 8 hours of community service for a first offense; or not more than twenty-four (24) hours for a second or subsequent offense. The Fire Chief or the Code Enforcement Officer may issue citations for such violations.

 

PART D – OBSTRUCTION OF GUTTERS

 

SECTION 1: All owners and occupants of any lot, block or other parcel of realty which abuts on any gutter of any street in De Queen shall be required to keep such gutter or gutters which the premises owned or occupied by them may abut, clean and clear of all obstructions to the free flow of water therein and any person, firm or corporation is prohibited from depositing or permitting any accumulation of any matter or thing in the gutter or gutters abutting the property owned or occupied by them, all to the end that nothing will be placed or permitted to remain in the street and gutter, or either of them which obstructs, or impedes, or causes to be obstructed the free flow of water therein.

 

SECTION 2: Any person, firm or corporation violating these provisions of this ordinance upon conviction shall be guilty of a misdemeanor and shall be fined in any sum of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00). The Fire Chief and/or the Code Enforcement Officer may issue citations.

 

PART E – BUILDINGS AND STRUCTURES

 

SECTION 1: The City shall have the power to order the removal or razing of, or to remove or raze, any buildings or houses that in the opinion of the council have become dilapidated, unsightly, unsafe, unsanitary, obnoxious, or detrimental to the public welfare and shall provide, herein, the manner of removing and making these removals.

 

SECTION 2: Any such house, building or other structure found and declared to be a nuisance by resolution of the City Council, will be condemned so as to cause the removal thereof provided in this part.

 

SECTION 3: Any resolution adopted by the City Council condemning any house, building or other structure shall include in the resolution an adequate description of the house, building or other structure, the name or names, if known, of the owner or owners thereof; and shall set forth the reason or reasons for declaring the particular house, building or other structure a nuisance.

 

SECTION 4: After a house, building or other structure has been found and declared to be a nuisance and condemned by resolution of the City Council, a true and certified copy of said resolution will be mailed to the owner or owners, if the whereabouts of said owner or owners thereof be known or their last known address be known, and a copy thereof shall be posted at a conspicuous place on said house, building or structure, or any appurtenance of same. PROVIDED, if the owner or owners of said house, building or structure be unknown, or if known, their whereabouts or last known address be unknown, the posting of the copy of the certified resolution will suffice as notice. Tenants shall be given notices of like kind in the same manner

 

SECTION 5: If the house, building or other structure constituting a nuisance has not been torn down and removed, or said nuisance otherwise abated, within thirty (30) days after posting the true copy of the resolution at a conspicuous place on said house, building or other structure constituting the nuisance, it will be torn down or burned and removed by the Fire Chief and/or Code Enforcement Officer, at his discretion, or by a designated representative, or private contractor employed by the City after competitive bidding.

 

SECTION 6: The Fire Chief, Code Enforcement Officer, the representative, or contractor chosen by him to destroy and remove any such house, building or structure constituting a nuisance will insure the removal thereof and dispose of the same in such a manner as deemed appropriate in the circumstances and to that end, may, if the same has substantial value, sell said house, building or structure, or any sale-able material thereof, by public sale to the highest bidder for cash, ten (10) days’ notice thereof being first given by one publication in some newspaper having a general circulation in the City, to insure its removal and the abatement of the nuisance.

 

SECTION 7: All the proceeds of such sales, and the proceeds of sale of sale-able materials therefrom and all fines collected from the provisions of this ordinance shall be paid by the person collecting the same to the City Clerk/Treasurer. If any such house, building or structure, or the sale-able materials thereof, be sold for an amount which exceeds all costs incidental to the abatement of the nuisance (including the cleaning up of the premises), by the City, plus any fine or fines imposed, the balance thereof shall be returned by the City Treasurer to the former owner or owners, of such house, building or structure constituting the nuisance, depending upon who is entitled to such refunds.

 

SECTION 8: If the City has any net costs incurred in the abatement of the nuisance, it shall have a lien on the property as provided by A.C.A., Section 14-54-904. The lien may be enforced in either of the following manners:

 

(A)       The lien may be enforced by filing a foreclosure action in the Circuit Court of Sevier County, Arkansas; OR

 

(B)       The amount of the lien may be determined at a hearing before the City Council held after thirty (30) days written notice by certified mail to the owner, if the name and whereabouts of the owner, are known. But if the name of the owner, owners, tenant, or tenants be unknown or cannot be determined, then after publication of notice of such hearing in a newspaper having a bona fide circulation in Sevier County, for one (1) insertion per week for four (4) consecutive weeks; and the amount so determined at said hearing, plus ten percent (10%) penalty for collection, shall be certified by the City Council to the Sevier County Tax Collector, and placed by him or her on the tax books as delinquent taxes, and collected accordingly. The amount, less three percent (3%) thereof, when so collected shall be paid to the City of De Queen by the county tax collector.

 

SECTION 9: A fine of not less than Two Hundred Fifty Dollars ($250.00), not more than Five Hundred Dollars ($500.00) is hereby imposed against the owner or owners of any house, building or structure found and declared to be a nuisance by resolution of the City Council thirty (30) days after the same has been so found and declared to be a nuisance, and for each separate day ( of 24 consecutive hours) thereafter said nuisance be not abated constitutes a separate and distinct offense punishable by a fine of Two Hundred Fifty Dollars ($250.00) for each said separate and distinct offense; PROVIDED, the notice as herein provided in Section 4 of this Part has been given within ten (10) days after said house, building or structure has been declared a nuisance by resolution of the City Council.

 

SECTION 10: If the City Council deems it advisable that a particular house, building or structure be judicially declared a nuisance by a Court of competent jurisdiction, the City Council is hereby authorized to direct the City Attorney to file suit to obtain such judicial relief. If the court imposes any fines and costs which are not paid by the owner or owners, or if the owner or owners do not obey the court’s order to abate the nuisance, The Fire Chief and/or Code Enforcement Officer shall take all actions provided for in Sections 6 and 7 of this Part. This relief is in addition to, but not in lieu of, such actions as the Court decides to take to enforce its orders.

 

PART F – GENERAL MATTERS

 

SECTION 1: If any portion of this Ordinance is determined to be invalid, such invalidity shall in no way affect the remaining portions of the ordinance, and such valid portions shall remain in full force and effect.

 

SECTION 2: This Ordinance repeals Ordinances Numbered 478, 659, 595 (which was repealed by 659), and 725 and all other ordinances and parts of ordinances which conflict with it. The repeal of these Ordinances shall not abate action, suits or other proceedings based on them, or any of them. Nor shall their repeal nullify any claims or causes of action which accrued before the effective date of this ordinance.

 

Ordinance 898 No Jake Brakes

ORDINANCE NO. 898

 

AN ORDINANCE PROHIBITING LOUD AND NECESSARY NOISE AND PROHIBITING THE PRACTICE OF ENGINE COMPRESSION BRAKING (JAKE-BREAKING), FOR PROVIDING PENALTIES FOR VIOLATION THEREOF; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES

 

WHEREAS, the City Council of De Queen, Arkansas, has received complaints concerning the practice of engine compression braking by track and other motor vehicles; and

 

WHEREAS, the noise created by this process is disruptive to residents and other individuals situated near the city’s main thoroughfares; and

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DE QUEEN, ARKANSAS, THAT:

 

SECTION 1: Is shall be unlawful for the driver of any truck or other motor vehicle to use or operate or cause to be used or operated within the City of De Queen, Arkansas, any mechanical exhaust device, or engine compression brake, known more commonly as “Jake-Brakes,” designed to aid in the braking or deceleration of any truck or other vehicle which results in the excessive, loud, unusual, or explosive noise from such vehicle, or otherwise engage in engine compression braking. It is an affirmative defense to a violation of this Ordinance that engine compression braking was used on an emergency bases to avoid damage to property or to avoid personal injury.

 

SECTION 2: Any person violating this Ordinance shall be guilty of a misdemeanor upon conviction thereof and shall pay a fine not exceeding TWO HUNDRED DOLLARS ($200.00) for each offense. Each time a person uses the engine brake shall be considered a separate offense.

 

SECTION 3: Signs shall be posted on or near all U.S. and State Highways entering the City of De Queen, Arkansas, stating in language similar to “NO JAKE BRAKES PURSUANT TO CITY ORDINANCE.”

 

SECTION 4: This Ordinance is supplementary to other loud and unnecessary noise ordinances and doe not repeal any other such Ordinance.

 

SECTION 5: EMERGENCY CLAUSE. This action being necessary for the preservation of the public peace, health and safety, and emergency is therefore declared to exist, and this Ordinance shall be in full force and effect from and after its passage and approval.

Ordinance 758 Prohibiting Certain Activities Disturbing the Peace

ORDINANCE NO. 758

 

AN ORDINANCE PROHIBITING CERTAIN ACTIVITIES DISTURBING THE PEACE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.

 

WHEREAS, certain activities that disturb the peace of the community are not adequately prohibited by current law;

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DE QUEEN, ARKANSAS, THAT:

 

SECTION 1: It shall be a violation of this Ordinance for any person to cause public inconvenience, annoyance, or alarm; or recklessly create a risk thereof; by engaging in any of the following conduct:

 

  1. Engage in fighting, or in violent, threatening, or tumultuous behavior;
  2. Make or cause to be made unreasonable or excessive noise;
  3. Use abusive or obscene language or gestures in a manner likely to provoke a violent of disorderly response;
  4. Disrupt or disturb any lawful assembly or meeting of persons;
  5. Obstruct vehicular or pedestrian traffic;
  6. While in view of the public, expose his/her private parts;
  7. While in a vehicle, operate any radio, stereo, or any other amplified sound device in a manner wherein it can be heard at a distance greater than fifty feet.

 

SECTION 2: Any person who shall violate the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum up to $100.00 for the first offense. Fines for subsequent violations of this Ordinance in any twelve-calendar month period shall double for each subsequent offense.

 

SECTION 3: The Council, finding that enactment of this Ordinance is necessary to preserve the peace and dignity of the community, therefore, finds and declares an emergency to exist, so that this Ordinance shall be in full force and effect immediately upon its passage.

The Control of Backflow and Cross-Connections in the Water Supply System

ORDINANCE NO. 766

 

AN ORDINANCE FOR THE CONTROL OF BACKFLOW AND CROSS-CONNECTIONS IN THE WATER SUPPLY SYSTEM OF THE CITY OF DE QUEEN

BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF DE QUEEN:

SECTION 1: CROSS-CONNECTION CONTROL-GENERAL POLICY

 

1.1 Purpose

The purpose of this Ordinance is:

            1.1.1 To protect the public potable water supply of City of De Queen from the possibility of contamination or pollution by isolating within the customer’s internal distribution system(s) or the customer’s private water system(s) such contaminants or pollutants that could backflow into the public water system; and

            1.1.2 To promote the elimination or control of existing cross connections, actual or potential, between the customer’s in-plant potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems; and

            1.1.3 To provide for the maintenance of a continuing program of cross-connection control that will systematically and effectively prevent the contamination or pollution of all potable water systems.

1.2 Responsibility

The Water Superintendent shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. If, in the judgment of said Water Superintendent an approved backflow-prevention assembly is required (at the customer’s water service connection; or, within the customer’s private water system) for the safety of the water system, the Water Superintendent or his/her designated agent shall give notice in writing to said customer to install such an approved backflow-prevention assembly(s) at specific location(s) on his/her premises. The customer shall immediately install such approved assembly(s) at his/her own expense; and, failure, refusal, or inability on the part of the customer to install, have tested, and maintain said assembly(s) shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactory met.

 

SECTION 2 DEFINITIONS

2.1 Water Superintendent

The Water Superintendent in charge of the Water Department of the City of De Queen is invested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this Ordinance.

2.2 Approved

Accepted by the authority responsible as meeting an applicable specification state or cited in this Ordinance or as suitable for the proposed use.

2.3 Auxiliary Water Supply

Any water supply on or available to the premises other than the purveyor’s approved public water supply. These auxiliary waters may include water from another purveyor’s public potable water supply or any natural source(s), such as a well, spring, river, stream, harbor, and so forth; used waters; or industrial fluids. These waters may be contaminated or polluted, or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have sanitary control.

2.4 Backflow

The undesirable reversal of flow in a potable water distribution system as a result of a cross connection.

2.5 Backpressure

A pressure, higher than the supply pressure, caused by a pump, elevated tank, boiler, or any other means that may cause backflow.

2.6 Back Siphonage

Backflow caused by negative or reduced pressure in the supply piping.

2.7 Backflow Preventer

An assembly or means designed to prevent backflow.

            2.7.1 Air gap. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing fixture, receptor, or other assembly and the flood level rim of the receptacle. These vertical, physical separations must be at least twice the diameter of the water supply outlet, never less than 1 in. (25mm).

            2.7.2 Reduced-pressure backflow-prevention assembly. The approved reduced-pressure principle backflow-prevention assembly consists of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and below the first check valve. These units are located between two tightly closing resilient-seated shutoff valves as an assembly and equipped with properly located resilient-seated test cocks.

            2.7.3 Double check valves assembly. The approved double check valve assembly consists of two internally loaded check valves, either spring loaded or internally weighted, installed as a unit between two tightly closing resilient-seated shutoff valves and fittings with properly located resilient-seated test cocks. This assembly shall only be used to protect against a nonhealthy hazard (that is, a pollutant).

2.8 Contamination

An impairment of potable water supply by the introduction or admission of any foreign substance that degrades the quality and creates health hazard.

2.9 Cross Connection

A connection or potential connection between any part of a potable water system and any other environment containing other substances in a manner that, under any circumstances would allow such substances to enter the potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from other sources (potable or nonpotable), or any matter that may change the color or add odor to the water.

2.10 Cross Connections-Controlled

A connection between a potable water system and nonpotable water system with an approved backflow-prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.

2.11 Cross-Connection Control by Containment

The installation of an approved backflow-prevention assembly at the water service connection to any customer’s premises, where it is physically and economically unfeasible to find and permanently eliminate or control all actual or potential cross connections within the customer’s water system; or it shall mean the installation of an approved backflow-prevention assembly on the service line leading to and supplying a portion of a customer’s water system where there are actual or potential cross connections that cannot be effectively eliminated or controlled at the point of the cross connection.

2.12 Hazard, Degree of

The term is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.

            2.12.1 Hazard-health. A cross connection or potential cross connection involving any substance that could, if introduced in the potable water supply, cause death, illness, spread disease, or have a high probability of causing such effects.

            2.12.2 Hazard-plumbing. A plumbing-type cross connection in a consumer’s potable water system that has not been properly protected by an approved air gap or an approved backflow-prevention assembly.

            2.12.3 Hazard-nonhealth. A cross connection or potential cross connection involving any substance that generally would not be a health hazard but would constitute a nuisance or be aesthetically objectionable, if introduced into the potable water supply.

            2.12.4 Hazard-system. An actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer’s potable water system or of a pollution or contamination that would have a protracted effect on the quality of the potable water in the system.

2.13 Industrial Fluid System

Any system containing a fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration, such as would constitute a health, system, pollution, or plumbing hazard, if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated waters; all types of process waters and used waters originating from the public potable water system that may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulating cooling waters connected to an open cooling tower; and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters, such as wells, springs, streams, rivers, harbors, seas, irrigation canals or systems, and so forth; oils, gases, glycerine, paraffins, caustic and acid solutions, and other liquid and gaseous fluids used in industrial or other purposes for firefighting purposes.

2.14 Pollution

The presence of any foreign substance in water that tends to degrade its quality so as to constitute a nonhealth hazard or impair the usefulness of the water.

2.15 Water-Potable

Water that is safe for human consumption as described by the public health authority having jurisdiction.

2.16 Water-Nonpotable

Water that is not safe for human consumption or that is of questionable quality.

2.17 Service Connection

The terminal end of a service connection from the public potable water system, that is, where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer’s water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow-prevention assembly located at the point of delivery to the customer’s water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.

2.18 Water-Used

Any water supplies by a water purveyor from a public potable water system to a consumer’s water system after it has passed through the point of delivery and is no longer under the sanitary control of the water purveyor.

SECTION 3 REQUIREMENTS

3.1 Water System

            3.1.1 The water system shall be considered as made up of two parts: The utility system and the customer system.

            3.1.2 Utility system shall consist of the source facilities and the distribution system, and shall include all those facilities of the water system under the complete control of the utility, up to the point where the customer’s system begins.

            3.1.3 The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.

            3.1.4 The distribution system shall include the network of conduits used for the delivery of eater from the source to the customer’s system.

            3.1.5 The customer’s system shall include those parts of the facilities beyond the termination of the utility distribution system that are utilized in conveying utility-delivered domestic water to points of use.

3.2 Policy

            3.2.1 No water service connection to any premises shall be installed or maintained by the water purveyor unless the water supply be protected as required by state/provinial laws and regulations and this ordinance. Service of water any premises shall be discontinued by the water purveyor if a backflow-prevention assembly required by this ordinance is not installed, tested, and maintained, or if it is found that a backflow-prevention assembly has been removed, bypassed, or if an unprotected cross connection exists on the premises. Service will not be restored until conditions or defects are corrected.

            3.2.2 The customer’s system should be open for inspection at all reasonable times to authorized representative of the City of De Queen to determine whether cross connections or other structural or sanitary hazards, including violations or these regulations, exist. When such a condition becomes known, the Water Superintendent shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with state and city statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto.

            3.2.3 An approved backflow-prevention assembly shall be installed on each service line to a customer’s water system at or near the property line or immediately inside the building being service; but in all cases, before the first branch line leading off the service line wherever the following conditions exist:

            3.2.3a In the case of premises having an auxiliary water supply that is not or may not be of safe bacteriological or chemical quality and that is not acceptable as an additional source by the Water Superintendent, the public water system shall be protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line, appropriate to the degree of hazard.

            3.2.3b In the case of premises on which any industrial fluids or any other objectionable substances are handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line, appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the utility system that have been subject to deterioration in quality.

            3.2.3c In the case of premises having (1) internal cross connections that cannot be permanently corrected and controlled, or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow-prevention assembly in the service line.

            3.2.4 The type of protective assembly required under subsection 3.2.3a, 3.2.3b, and 3.2.3c shall depend upon the degree of hazard that exist as follows:

            3.2.4a In the case of any premises where there is an auxiliary water supply as stated in subsection 3.2.3a of this section and it not subject to any of the following rules, the public water system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backflow-prevention assembly.

            3.2.4b In the case of any premises where there is water or substance that would be objectionable by not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly.

            3.2.4c In the case of any premises where there is any material dangerous to health that is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backflow-prevention assembly. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries, and plating plants.

            3.2.4d In the case of any premises where there are “uncontrolled” cross connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved reduced-pressure principle backflow-prevention assembly at the service connection.

            3.2.4e In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in plant cross-connections survey, the public water system shall be protected against backflow from the premises by either an approved air-gap separation or an approved reduced-pressure principle backflow-prevention assembly on each service to the premises.

            3.2.4f In the case of any premises where, in the opinion of the Water Superintendent, and undue health threat is posed because of the presence of extremely toxic substances, the Water Superintendent may require an air gap at the service connection to protect the public water system. This requirement will be at the discretion of the Water Superintendent and is dependent on the degree of hazard.

            3.2.5 Any backflow-prevention assembly required herein shall be a model and size approved by the Water Superintendent. The term approved backflow-prevention assembly shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association titled:

            AWWA C510-89-Standard for Double Check Valve Backflow-Prevention Assembly, and

            AWWA C511-89-Standard for Reduced-Pressure Principle Backflow-Prevention Assembly,

And have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by

            “Specification of Backflow-Prevention Assemblies”-Sec. 10 of the most current issue of the Manual of Cross-Connection Control.

            Said AWWA and FCCHR standards and specifications have been adopted by the Water Superintendent. Final approval shall be evidenced by a “Certificate of Approval” issued by an approved testing laboratory certifying full compliance with said AWWA standards and FCCHR specifications.

            The following testing laboratory has been qualified by the Water Superintendent to test and certify backflow preventers:

            Foundation for Cross-Connection Control and Hydraulic Research

            University of Southern California

            University Park

            Los Angeles, CA 90089

            Testing laboratories, other tan the laboratory listed above, will be added to an approved list as they are qualified by the Water Superintendent.

            Backflow preventers that may be subjected to backpressure or back siphonage that have been fully tested and have been granted a certificate of approval by said qualified laboratory and are listed on the laboratory’s current list of approved backflow-prevention assemblies may be used without further testing or qualification.

            3.2.6 It shall be the duty of the customer-user at any premises where backflow-prevention assemblies are installed to have certified inspections and operational tests made at lease once per year. In those instances where the Water Superintendent deems the hazard to be great enough, certified inspections may be required at more frequent intervals. These inspections and tests shall be at the expense of water user and shall be performed by the assembly manufacturer’s representative, City of De Queen personnel, or by a certified tester approved by the Water Superintendent. It shall be the duty of the Water Superintendent to see that these tests are made in a timely manner. The customer-user shall notify the Water Superintendent in advance when the tests are to be undertaken so that the customer-user may witness the tests if so desired. These assemblies shall be repaired, overhauled, or replaced at the expense of the customer-user whenever said assemblies are found to be defective. Records of such tests, repairs, and over half shall be kept and made available to the Water Superintendent.

            3.2.7 All presently installed backflow-prevention assemblies that do not meet the requirement of this section but were approved assemblies for the purpose described herein at the time of installation and that have been properly maintained, shall, except for the inspection and maintenance requirements under subsection 3.2.6, be excluded from the requirements of these rules so long as the Water Superintendent is assured that they will satisfactorily protect the utility system. Whenever the existing assembly is moved from the present location, requires more than minimum maintenance, or when the Water Superintendent finds that the maintenance constitutes a hazard to health, the unit shall be replaced by an approved backflow-prevention assembly meeting the requirements of this section.

Prohibiting Pit Bulls in City Limits

ORDINANCE NO. 949

AN ORDINANCE PROHIBITING PIT BULL BREEDS OF DOGS WITHIN THE CITY LIMITS OF DE QUEEN, ARKANSAS AND DECLARING AN EMERGENCY

WHEREAS, the City Council of De Queen, Arkansas recognizes that the City has a great number of domesticated dogs identified as “pits bulls” within the various neighborhoods in the City and that citizens and visitors must interact with such animals at times; and

WHEREAS, the unrestricted presence of “pit bulls” within the City of De Queen, Arkansas, poses a significant risk of injury to the citizens due to the aggressive nature of the breed and threat of attack.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DE QUEEN, ARKANSAS, THAT:

Section 1. It shall be unlawful for any person to keep within the City of De Queen, Arkansas, any breed of dog identified as “Pit Bull” as defined below.

Section 2. Definitions: Banned breeds of pit bull dogs are any of the following:

  1. American Pit Bull Terrier
  2. Staffordshire Bull Terrier
  3. American Staffordshire Terrier
  4. American Bull Dog
  5. Any dog whose owner registers, defines, admits or otherwise identifies the dog as being of a banned breed.
  6. Any dog conforming or substantially conforming to the breed of American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier or American Bull Dog as defined by the United States Kennel Club or American Kennel Club.
  7. Any dog which is of the breed commonly referred to as “pit bull” and commonly recognizable and identifiable as such.

Section 3. Exceptions. It shall not be unlawful for a person to travel through the City of De Queen with a Pit Bull Breed provided that the dog is kept confined in a secure temporary enclosure during transport. It shall not be unlawful for a veterinarian to temporarily board a Pill Bull Breed dog for which he/she is providing care and treatment.

Section 4. American Kennel Club Standards. For any breed which is banned by section 1, a copy of the standards of the American Kennel Club and United Kennel Club shall be kept on file in the City Clerk’s Office; and such standards shall be incorporated by reference and shall be on file for public review in the Clerk’s office.

Section 5. Penalties.

It shall be unlawful and a misdemeanor for an owner or keeper of a Pit Bull breed dog to fail to comply with any of the provisions of this Ordinance. The owner or custodian of the animal, upon conviction, shall be subject to the maximum fine of $500.00, or the maximum allowed by State law for a misdemeanor. Each day that the owner remains in violation shall constitute a separate offense.

In addition, the dog found to be the subject of the violation of the regulations shall be subject to immediate seizure and impoundment.

A Pit Bull breed dog seized by the City of De Queen shall be held for a period of ten (10) business days and the owner may reclaim the dog by payment of a fee of $50.00. The dog shall not be released unless the reclaim fee is paid AND the owner signs an affidavit or sworn declaration stating the dog will be moved outside the city limits immediately.

A dog released pursuant to the affidavit or sworn declaration, which remains in the city limits, is subject to immediate seizure and may be destroyed by animal control. The owner/keeper who knowingly fails to remove the dog as required, shall be subject to a fine of up to $500.00 per day.

Upon authority of Animal control personnel an animal not reclaimed or which is abandoned may be humanely destroyed.

Section 6. Effective Date. This ordinance shall be effective, upon passage. However, the penalties noted above in paragraph 4 shall be enforceable on the 90th day after its passage.

Section 7. Confinement pending enforcement of penalties. During the period from date of passage until enforcement of penalties, each pit bull located in the city limits of De Queen, Arkansas, must be securely confined so as to pose no threat to humans or other animals. The owner of a Pit Bull Breed shall not allow the dog to go unconfined unless the dog is securely muzzled and restrained by lease, rope or chain and under the control of a person capable of restraining said dog. The owner/keeper of a Pit Bull shall display in prominent place on his/her premises a clearly visible sign warning the public that a Pit Bull is on the premises; e.g. “PIT BULL INSIDE” or “CAUTION-PIT BULL” or similar sign.

Section 8. Additional Penalties. Any person violating the provisions of the ordinance relative to confinement after passage of this ordinance shall be issued a citation and, upon conviction, shall be punished in a sum not to exceed Five Hundred Dollars ($500.00). Each day of violation after issuance of the citation shall constitute a separate offense.

Section 9. Enforcement. This Ordinance may be enforced by either the De Queen Animal control Officer or any law enforcement agency with jurisdiction within the city limits of De Queen, Arkansas.

Section 10. Severability. The provisions of the Ordinance are hereby declared to be severable and if any section, phrase or provision shall be declared or held invalid, such invalidity shall not affect the remainder of the sections, phrases or provisions.

Section 11. Repeals. Any ordinance and parts of ordinances in conflict here with are hereby repealed.

Section 12. Emergency. It is hereby found and determined that the prohibition of pit bull dogs within the City of De Queen, Arkansas, as provided herein will inhibit attacks against humans and is necessary for the immediate preservation of the public health, safety and welfare; Therefore, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage.

Ordinance 914 Regulating the Containment of Fowl & Other Animals

ORDINANCE NO. 914

AN ORDINANCE REGULATING THE CONTAINMENT OF FOWL AND OTHER ANIMALS WITHIN THE CORPORATE LIMITS OF THE CITY OF DE QUEEN; AND FOR OTHER PURPOSES

WHEREAS, the City of De Queen, Arkansas, desires to regulate and control the number, location, and boarding of fowl within the city limits:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DE QUEEN; ARKANSAS, THAT:

Section 1. It shall be unlawful for any person to permit or allow any domesticated fowl to run at large within the corporate limits of the city.

Section 2. It shall be lawful for any person to keep, permit or allow any fowl within the corporate limits of the city except under the following and conditions:

  1. No more than four (4) hens shall be allowed for each single-family dwelling. No birds shall be allowed in multi-family complexes, including duplexes.
  2. No roosters shall be allowed.
  3. There shall be no outside slaughtering of birds.
  4. All fowl must be kept at all times in a secure enclosure with a top.
  5. Enclosures must be situated at lease 25 feet from the nearest neighbor’s residence.
  6. Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors.
  7. Persons wishing to keep fowl within the city must obtain a permit from the Office of the City Clerks, after an inspection and approval by the Office of Animal Control, and must pay a $5.00 annual fee.

Section 3. The above Section 2 is not intended to apply to indoor birds kept as pets, such as, but not limited to, parrots or parakeets; nor to the lawful transportation of fowl through the corporate limits of the city; nor to commercial chicken processing plants.

Section 4. Fowl currently existing in the city shall not be “grandfathered” or permitted to remain after the effective date of this Ordinance; however, owners of the poultry will have 90 days from the effective date to come into compliance with this ordinance.

Section 5. That violations of this ordinance shall be punishable by a fine of up to $500.00.