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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1 and 2, of the City of West Memphis and any other ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of any such conflict.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