TITLE 8 VEHICLES AND TRAFFIC Chapters. 8.04 Adoption of State Laws 8.08 Licensing of Motorbikes and Motorcycles 8.12 Noise from Vehicles 8.16 Train Speed 8.20 Contract with Highway Department for Damage Report 8.24 Parking 8.28 Lease, Acceptance and Dedication of Streets 8.32 Vacating Streets and Alleys CHAPTER 8.04 ADOPTION OF STATE LAWS Sections: 8.04.01 Adoption of state laws 8.04.01 Adoption of state laws The "Uniform Act Regulating Traffic on Highways of Arkansas", as contained in Title 27 of the Arkansas Statutes, three (3) copies of which are on file in the office of the Mayor, is hereby adopted as traffic rules and regulations within and for the city. Any person convicted of violation of said statutes shall be deemed guilty of the violation of the ordinances of the city, and shall be fined or imprisoned or both in the manner set out under the state statutes. 100 CHAPTER 8.08 LICENSING OF MOTORBIKES AND MOTORCYCLES Sections: 8.08.01 Obtaining license 8.08.02 Safety rules 8.08.03 Fines 8.08.01 Obtaining license It shall be unlawful for any person to operate a motorbike, motor scooter, motorcycle or similar vehicles in the city of Ozark, Arkansas, without first having obtained a city license for such vehicle. (Ord. No. 159, Sec. 1.) 8.08.02 Safejy rules The Police Department of the city of Ozark shall issue a license upon application made in writing, but no such license shall be issued unless the applicant or his parents or guardian exhibits to the licensing authority the following items of safety equipment: A. Crash helmet of a type approved by the licensing authority. B. Crash bars of a type approved by the licensing authority. C. Other safety equipment as the licensing authority may deem necessary on such vehicles. (Ord.No. 159, Sec. 2.) 8.08.03 Fine A. The penalty for operating any vehicle herein described without a licenses shall be a fine of not less than Five Dollars ($5.00) and not more than Twenty-Five Dollars ($25.00). B. Any person convicted of operating any vehicle herein described which has been licensed without wearing a crash helmet shall be fined not less than Five Dollars ($5.00) and not more than Twenty-Five Dollars($25.00), and shall have his license revoked for a period of not less than thirty (30) days or more than one year. (Ord.No. 159, Secs. 3-4.) 0 101 CHAPTER 8.12 NOISE FROM VEHICLES Sections: 8.12.01 Muffler noise 8.12.02 Speaker noise 8.12.03 Fine 8.12.01 Muffler noise It is hereby declared to be unlawful for any person, firm, corporation, individual association or agent of either of them, anywhere within the city of Ozark, Arkansas,to operate a motor vehicle without a muffler or with a defective muffler,to make cause or produce any unnecessary, excessive or annoying noise or noises, made by its motor, signaling devices (such as the unnecessary blowing of horns) or other parts of the vehicles. The motors of all such vehicles shall be filled with properly attached mufflers of such capacity or construction as to quiet exhaust noises insofar as possible. Any cutout or opening in the exhaust pipe between the motor and the muffler on any vehicle shall be completely closed and shall be so arranged that it cannot automatically open or be opened while such vehicle is in motion. (Ord.No. 259, Sec. 1.) 8.12.02 Sneaker noise It is further declared to be unlawful for any person, firm, corporation, individual, association, or agent of either of them, anywhere within the city of Ozark, Arkansas, to operate or play a radio, stereo, tuner, P.Z., or other such device which contains speakers, in such a manner as to make, cause, or produce any unnecessary, excessive or annoying noise whether same be operated from a residence or a vehicle or from a stand alone system operated out in the open. (Ord. No. 98-19, Sec. 2.) 8.12.03 Fine Any person, firm, corporation, individual, association, or agent of either of them who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined One Hundred Dollars ($100.00). (Ord. No. 98- 19, Sec. 1.) CHAPTER 8.16 TRAIN SPEED Sections: 8.16.01 Speed 8.16.02 Accidents 8.16.03 Fine 102 8.16.01 Speed Any railroad locomotive, train or other related railroad equipment which travels upon the rails in any incorporated area located within the city of Ozark, Arkansas, shall not be operated with in said incorporated area of the city of Ozark at a speed greater than forty- five (45) miles per hour. (Ord.No. 282, Sec. 1.) 8.16.02 Accidents Any railroad locomotive, train or other related railroad equipment which travels upon the rails of the city of Ozark, Arkansas, that shall become involved in any accident or derailment in any incorporated area located within the cit of Ozark, Arkansas, shall immediately notify the Franklin County Sheriff's office of the location and the nature of such accident or derailment. (Ord.No. 282, Sec. 2.) 8.16.03 Fine Any person or corporation who violated any of the provisions of 8.16.01 of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor, and for a first conviction thereof,be punished by a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or by imprisonment in the county jail for not less than one (1) day nor more than ten(10) days, or by both such fine and imprisonment. For a conviction for a second such violation with one(1) year, such person or corporation shall be punished by a fine of not less than Fifty Dollars ($50.00),nor more than Two Hundred Fifty Dollars ($250.00) or by imprisonment in the county jail for not less than five (5) days nor more than twenty-five (25) days, or by both such fine and imprisonment. For a conviction of a third or subsequent violation with one(1)year, such p erson or corporation shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00)nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not less than twenty-five (25) days nor more than one hundred eighty(180) days,or by both such fine and imprisonment. (Ord. No. 282, Sec. 3.) CHAPTER 8.20 CONTRACT WITH HIGHWAY DEPARTMENT FOR DAMAGE REPORT Sections: 8.20.01 Contract 8.20.02 Costs 8.20.01 Contract In a special session that the Mayor is hereby authorized to enter into the following contract with the Arkansas State Highway Department: 103 A. In consideration of the promise hereinafter made by Ozark,Arkansas, the Arkansas State Highway Commission agrees to make a survey of the damage to the streets and structures of Ozark,Arkansas, caused by floods or other Acts of God in order to determine the extent of eligibility of Ozark,Arkansas, for reimbursement for such damage from Federal Disaster Aid Funds as administered by the Federal Office of Emergency Preparedness, and to make an estimate of the cost of such repairs and replacements and other necessary reports. B. In consideration of the promise of the Arkansas State Highway Commission to do and accomplish the hereinabove set out acts necessary to enable Ozark, Arkansas, to receive reimbursement from Federal Disaster Aid, Ozark,Arkansas, covenants, agrees and contracts to pay to the Arkansas State Highway Commission the cost incurred by said Commission in making the survey and cost estimates hereinbefore agreed upon in the following manner: Ozark,Arkansas will deposit with the Arkansas State Highway Commission a minimum of One Hundred Fifty Dollars ($150.00), or one percent(1%) of the Mayor's total estimate of allowable federal reimbursement under Public Law No. 91 606. (Ord. No. 206, Secs. 1-2.) 8.20.02 Costs It is understood that upon final disposition of the matter at hand, the city reserves the right to have the return of any unused portion of the above deposit and binds itself to pay any additional sum if the above deposit is insufficient to cover the costs herein provided for. (Ord. No. 206, Sec. 2.) CHAPTER 8.24 PARKING Sections: 8.24.01 Parking illegally 8.24.02 Fine 8.24.03 Enforcement 8.24.04 Truck parking 8.24.01 Parking illegally It is hereby declared to be unlawful for any person, firm, corporation, individual association or agent of either of them, anywhere within the city of Ozark, Arkansas,to park in an illegal manner,park on the wrong side of the road,park in a"No parking"zone as designated, or to remain parked in an area over a time limit so designated. (Ord.No. 280, Sec. 1.) 8.24.02 Fine Any person, firm, corporation, individual, association or agent of either of them who violates any of the provisions of this ordinance shall be deemed guilty of a traffic • violation, and upon issuance of a ticket for such, shall be obligated to pay for said violation to the 104 Chief of Police or to the City Clerk within two (2)weeks a fine of Five Dollars ($5.00). If said fine is not paid within two (2)weeks, said fine will double in an amount to Ten Dollars ($10.00). If a person desires to contest or appeal the parking citation,then they must notify the District Court Clerk of such desire and request that the matter be set on the court's docket whereby the individual will be given an opportunity to contest or appeal the charge. If the above mentioned fine is not paid within one (1)month or if the District Court Clerk is not notified within one(1) month of the alleged violators intention to contest or appeal he charge,than a warrant will be issued and the violator will be brought before the District Court Judge and shall be required to pay a fine of Ten Dollars ($10.00),plus court costs. (Ord.No. 95-5, Sec. 1.) 8.24.03 Enforcement It shall be the duty of the Chief of Police of the city of Ozark, Arkansas, and his patrolmen to enforce this ordinance. (Ord.No. 280, Sec. 3.) 8.24.04 Truck parkin A. The city of Ozark does hereby establish a parking prohibition,prohibiting parking of semi-trucks (18-wheelers) on or along state or federal highways and all city streets,unless specifically allowed by posted signs or allowed by painted markings on the highway surface. B. Vehicles parked illegally and in violation of this prohibition shall be subject to fines and penalties of not less than Twenty-Five Dollars ($25.00)nor more than One Hundred Dollars ($100.00),plus costs, and each twenty-four(24)hour day said parking violation exists shall constitute a separate offense. (Ord.No. 2008-6, Secs. 1-2.) CHAPTER 8.28 LEASE, ACCEPTANCE AND DEDICATION OF STREETS Sections: 8.28.01 Lease of streets 8.28.02 Acceptance of streets 8.28.03 Dedication of streets 8.28.01 Lease of streets Said portion of said street, South Second Street lying south and east of River Street and between River Street and Missouri Pacific Railway right-of-way in the city of Ozark,be leased to adjoining land owner for a period of ninety-nine (99)years, with an option to renew said lease at the end of said term for a nominal consideration and that the Mayor and Recorder be, and they are hereby authorized to execute said lease. (Ord. No. 134, Sec. 1.) 105 8.28.02 Acceptance of streets A. This ordinance shall apply only to those streets lying within the city limits of the city of Ozark which have been under public use for at least ten(10)years, and which meet this public use requirement as determined by the City Council for each specific street. B. The streets to which this ordinance may apply,must serve or benefit two or more residences or businesses adjoining the street. C. It shall be incumbent upon the owners of land adjoining the street in question that they petition the City Council with a petition meeting the following requirements: 1. All adjoining land owners must join in the petition; 2. All persons with any ownership interest or other interest in the street or right-of-way shall join in the petition; 3. The petition must set forth that the street has been used by the public for greater than ten(10) years; 4. The petition must set forth that all adjoining land owners and persons owning an interest in the street or right-of-way will agree to pay 40%of the cost of construction necessary in order to bring the city street up to standards as set froth in Ord.No. 158; 5. The petition must set forth the manner in which the adjoining property owners and all other persons holding an interest in the street or right-of- way will pay of finance the 40%requirement set forth in the sub- paragraph immediately above; 6. The petition must set forth that the 40%requirement for construction costs will be paid to the city prior to acceptance of the street; and 7. The petition shall set forth a legal description for the street or right-of- way, and said petition shall have affixed thereto a plat of the street or right-of-way prepared by a licensed surveyor licensed by the state of Arkansas. D. It is the intention of the city of Ozark that it will accept and pave each year one- half(%2)mile of any streets meeting the requirements set forth herein. The streets which the city will accept,pave,and maintain pursuant hereto will be on a first come, first serve basis. In other words,those streets or right-of-ways which are the subject of a petition meeting the requirements and approval of the City Council and which are accepted,will be paved and maintained in the order in which they are accepted. E. This ordinance shall only apply to those street and right-of-ways which at the time of the passage of this ordinance meet the ten(10) year time requirement set forth in this ordinance. 106 F. Prior to the acceptance of any street or right-of-way, the said property lying within the street or right-of-way shall, in the opinion of the City Attorney of the city of Ozark,be transferrable and conveyable to the city in a manner such that the city of Ozark will receive merchantable title to same. Prior to acceptance by the city of the street or right-of-way,the adjoining land owners and all persons holding or owning an interest in the street or right-of-way must obtain a surveyor certification for the benefit of the city of Ozark and which shall be in the following form: This is to certify that I, , land surveyor, platted for road dedication purposes the above described property as shown by the annexed plat which is a correct and true representation thereof. All distances are shown in feet and decimals thereof. Given under my hand and seal at ,this- day of (Ord. No. 95-36, Secs. 1-6.) 8.28.03 Dedication of streets Ord.No. 115 Huggins Avenue Ord.No. 90-9 Jeffers Drive Ord.No. 91-16 Woodland West Street Ord.No. 93-20 Tucker Street in Conatser Addition Ord.No. 94-34 Streets in Faith West II Addition Ord.No. 98-24 Part of SE 1/4 of Sec. 34, Two 10 N, Range 27 West Ord.No. 2007-8 Part of Lots 5 & 6 CHAPTER 8.32 VACATING STREETS AND ALLEYS Sections: 8.32.01 Vacating streets and alleys 8.32.01 Vacating streets and alley Ord.No. 161 Part of Fifth St. between River St. and MO/PAC Ord.No. 191 20 ft. alley between 6t' St and along Lots 13, 14, 15, & 16 Ord.No. 246 Cheatham St. in SW 1/4 of Sec. 35, Twp 10 N, Range 27 West Ord.No. 247 College Ave. between Lot 1, and Lot 6 in Sunny Slope Addition Ord.No. 259 Alley from Hill St. to Cedar St. in Sunny Slope Addition Ord.No. 292 Part of Second and Third St. 107 Ord.No. 296 Part of River St. in Block 21 of Fleeman's Addition Ord. No. 297 Streets in NE corner of Lot 28 in Fleeman's Addition Ord.No. 81-3 Main St. at Block 29 of Fleeman's Addition Ord. No. 81-4 Part of alley adjoining Knoles property between Main St. and River St. Ord. No. 84-2 Part of South 10th St. in Fleeman's Addition Ord.No. 85-5 Alley between Lots 8 & 9 in Block 21 Ord. No. 86-3 Part of Eighth St. in Fleeman's Addition Ord. No. 87-1 West 24 ft. of Cedar St. &part of College Ave. Ord. No. 87-2 SE corner of Block 27, Fleeman's Addition Ord.No. 91-31 Alley along Lots 1, 2, 9, 10, 11, & 12 of Block 3 Ord. No. 96-18 Barcliff Lane east of Highway 64 Ord. No. 96-19 Alley running north and south in Block 12 Ord.No. 97-2 Part of College Ave. in Sunny Slope Addition Ord. No. 97-13 Alley beginning at corner of Lotl in Block 6 Ord.No. 2003-17 Main St. between 10th and 11 th St. Ord. No. 2003-18 Alley between 10th and 11th St. Ord. No. 2006-1 6th St. and alleyway between Main and Commercial St. Ord. No. 2007-13 North 6`h St. between Commercial St. and College St. Ord. No. 2007-14 Altering River St. right-of-way pertaining to Lots 4 & 5 Ord. No. 2008-3 Altering Spring St. right-of-way pertaining to Block 20 Ord. No. 2008-9 Part of alley between Main& Commercial St. 108