2227ORDINANCE NO. 2 2 Z 7
AN ORDINANCE TO AMEND SECTION 1.12.010 AND SECTION
1.12.020 OF THE WEST MEMPHIS MUNICIPAL CODE REGARDING
PENALTIES FOR VIOLATION OF CITY ORDINANCES, AND FOR
OTHER PURPOSES.
WHEREAS, Act 341 of 2009 amended A.C.A. § 14-55-504 regarding the maximum
penalties permitted for violations of municipal ordinances and increased the maximum fine from
$500.00 to $1,000.00 for any one specified offense and increased the maximum fine for any
continuing offense from $250.00 per day to $500.00 per day; and
WHEREAS, the General Assembly has not provided statutory authorization for any term
of imprisonment for violations of city ordinances unless those ordinances regulate conduct
proscribed under a state statute, in which case cities are not permitted to provide lesser penalties
than those demanded by the statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. Section 1.12.010 of the West Memphis Municipal Code is hereby
amended to read as follows:
Every person who shall be convicted of any violation of any provision of the
ordinances of the City of West Memphis, Arkansas, when such misdemeanor is
specified by state statutes as a misdemeanor, shall be punished as provided by
state statutes.
SECTION 2. Section 1.12.020 of the West Memphis Municipal Code is hereby amended
to read as follows:
Any person, firm or corporation who violates any of the provisions of the
ordinances of the City of West Memphis, Arkansas, which are not specified in
state statutes as misdemeanors, or fails to comply substantially therewith, or who
violates or fails to comply substantially with any order or regulation made
thereunder, shall be guilty of a misdemeanor and upon conviction thereof shall be
fined not more than One Thousand and No/100 ($1,000.00) Dollars for any one
specified offense, or double that sum for each repetition of such offense or
violation. If a thing prohibited or rendered unlawful is in its nature continuous in
respect of time, the fine or penalty for allowing the continuance thereof in
violation of the ordinances of the City of West Memphis, Arkansas, as specified
above, shall not exceed Five Hundred and No/100 ($500.00) Dollars for each day
that it is unlawfully continued.
SECTION 3. Ordinance 757, Sections 1 and 2, of the City of West Memphis and any
other ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of
any such conflict.
PASSED AND APPROVED this day of ~ , 2009.
WILLIAM H. JOH SON, MAYOR
ATTEST:
.~
PHI RA, CITY CLERK
SPONSORED BY:
..• ~~~
.~
RECEIVED
City Clerk's Cxfioe
Date~"irrte..._o~ n 9
Stricken language would be deleted from and underlined language would be added to the law as it existed
prior to this session of the General Assembly.
Act 341 of the Regular Session
1 State of Arkansas
2 87th General Assembly A B it l
3 Regular Session, 2009 HOUSE BILL 1341
4
5 By: Representative Moore
6
7
8 For An Act To Be Entitled
9 AN ACT TO INCREASE THE MAXIMUM FINES FOR
10 VIOLATION OF A MUNICIPAL ORDINANCE; AND FOR OTHER
11 PURPOSES.
12
13 Subtitle
14 AN ACT TO INCREASE THE MAXIMUM FINES FOR
15 VIOLATION OF A MUNICIPAL ORDINANCE.
16
17
18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
19
20 SECTION 1. Arkansas Code § 14-55-504(a), concerning fines, is amended
21 to read as follows:
22 (a)(1) Municipal corporations shall not have power to inflict any fine
23 or penalty, by ordinance or otherwise, to a greater sum than~~~~ rAa
24 d~l~ one thousand dollars ($1,000) for any one (1) specified
25 offense or violation of a bylaw or ordinance, or double that sum for each
26 repetition of such offense or violation.
27 (2) If a thing prohibited or rendered unlawful is, in its
28 nature, continuous in respect to time, the fine or penalty for allowing the
29 continuance thereof, in violation of the bylaw or ordinance, shall not exceed
30 ~~r-~ ~, f.-~;-~'~r~ ' ~'~^` five hundred dollars ( $500) for each day
31 that it ~a3~-be is unlawfully continued.
32
33 APPROVED: 3/10/2009
34
35
01-30-200912:08 KLL045