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No person shall leave or permit to remain outside of a dwelling, building or other structure, or within an unoccupied or abandoned building, dwelling or other structure under his control, in a place accessible to children an abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which cannot be opened by pushing from the inside, without first removing the door or lid, snap lock or other locking device.
(Ord. 2010-10-364, passed 10-5-10) Penalty, see § 10.99
Statutory reference:
Discarding certain items prohibited, A.C.A. § 8-6-408
UNSANITARY AND UNSIGHTLY CONDITIONS ON PRIVATE PROPERTY
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
GARBAGE. All normal kitchen waste, such as vegetable and animal wastes and their by-products; but does not include sewage and human body wastes.
RUBBISH. Brush, grass, leaves and other normal yard refuse, paper, cans, bottles and empty food and drink containers.
THINGS. Include, but are not limited to, the following items: inoperative motor vehicles; inoperative household or commercial appliances; furniture; building materials; building rubbish; defective septic tanks; human or animal excrement; metal, plastic, or paper containers.
(1) ABANDONED. Property to which no person claims or exercises the rights of ownership.
(2) APPLIANCES. Means, but is not limited to, refrigerators, deep freezes, stoves, ovens, air conditioners, washers, dryers, trash compactors, dishwashers, televisions, radios, hot water heaters, and plumbing fixtures.
(3) BUILDING MATERIAL. Means, but is not limited to, items such as boards, bricks, cement, nails, pipe, sheet metal, siding, tar paper and windows which have never been incorporated into a structure or which have been removed from a structure and may be readily incorporated into another structure. This article applies only to building material which lies in public view and with respect to which its owner has no definite immediate plans for its use.
(4) BUILDING RUBBISH. Any post construction solid waste which, because of its quantity, quality or condition, cannot be readily and immediately put to a beneficial use.
(5) INOPERATIVE. An item which, by mechanical or physical defect, can no longer be used for its intended purpose and which is not serving a functional purpose. Inoperative, when applied to motor vehicles, refers to any motor vehicle which is inoperable, dismantled, damaged or is unable to start or move under its own power. A vehicle shall be presumed to be inoperative when any of the following conditions exist:
(a) One or more tires are flat.
(b) One or more wheels are missing.
(c) The hood or trunk is raised or missing and has appeared to remain so for more than three days.
(d) Weeds or grass have grown up around the vehicle.
(e) The engine is missing.
(f) The vehicle has no current vehicle tags or registration.
(g) The door or doors, fender or fenders are removed or missing.
(h) The front or rear windshield is broken, removed or missing, or the side windows are broken or removed or missing.
(6) MOTOR VEHICLE. A self-propelled device that is required under the laws of the State of Arkansas to be licensed in order to be operated upon the public roadways.
UNSANITARY. A place, condition or thing is unsanitary when it might become a breeding place for flies, mosquitoes and germs harmful to the health of the community.
UNSIGHTLY. A place, condition or thing is unsightly when it is in public view and offends the then-prevailing standard of the community as a whole, and not limited to a specific area, as to aesthetics or order.
WEEDS. Any vegetation, lush or decayed, regardless of its beauty or utility and regardless of the fact that it might serve as a sanctuary for animals beneficial to man, which, because of its natural condition or lack of maintenance by the owner or occupant of the property, threatens the health or safety of the community or creates an unsightly condition thereon.
(Ord. 2010-10-364, passed 10-5-10)
(A) Owners or occupants of real property within the corporate limits of the city are hereby required to cut weeds, remove garbage, rubbish, inoperative motor vehicles or other unsightly or unsanitary things; and eliminate, fill up or remove stagnant pools of water or any other unsanitary thing, place or condition upon their real property.
(B) (1) It shall be unlawful for the owner or occupant of real property to permit the accumulation or development of weeds, garbage, rubbish, inoperative motor vehicles or other unsightly or unsanitary things or conditions on real property within the city.
(2) Exception: This section of the Code of Ordinances does not apply to any motor vehicle held in conjunction with a business enterprise lawfully licensed by the city for the storage, servicing, or repair of motor vehicles so long as the property is located in the appropriate zone pursuant to the zoning ordinances of the city, and meets the other qualifications for such business enterprise as set out in the Code of Ordinances of the city.
(C) (1) The dumping of tree cuttings, tree trunks, fill dirt and other appropriate fill material may be permitted to reclaim gullies and ravines upon application to, and approval by, the city planning commission under the following conditions:
(a) Written certification by the applicant that he is the legal owner of the property or that he has the written permission of the property owner.
(b) Access must be completely restricted to the applicant only.
(c) All material must be covered by fill dirt and smoothed over at intervals not to exceed two weeks.
(2) Failure to comply with the above conditions will be grounds for revocation of the permit and may result in the issuance of a citation pursuant to divisions (A) and (B) above of this section.
(D) Nothing covered by this subchapter is intended to preclude or conflict with the provisions of Chapter 154 and all substances not governed by Chapter 154 are to be governed by this subchapter. This subchapter is intended to supplement Chapter 154.
(Ord. 2010-10-364, passed 10-5-10; Am. Ord. 2013-03-414, passed 3-5-13) Penalty, see § 10.99
(A) If the owner or occupant of any real property within the corporate limits of the city neglects or refuses, after being given seven days' written notice by the Police Department or code enforcement officers of the city, to remove, abate or eliminate any condition referred to in § 92.21, the city will do whatever is necessary to correct the condition and will charge the cost of the correction to the property owner to secure its costs; the city will perfect a lien against the affected property pursuant to A.C.A. § 14-54-903 et seq.
(B) Before any abandoned or inoperative motor vehicle is taken into custody and possession from private property, the city shall give the private property owner or occupant and the owner of the motor vehicle, if ascertainable, 30 days' notice by registered or certified mail that such action will be taken unless the motor vehicle is restored to a functional use, disposed of in a manner not prohibited by A.C.A. § 8-6-401, et seq., or placed in an enclosed building. The 30-day notice may be waived by the owner or occupants of the property jointly and severally.
(C) Any owner/occupant shall be presumed to have notice for the violation if the owner/occupant has received notice of a similar type violation within the previous one year.
(Ord. 2010-10-364, passed 10-5-10)
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