PREFACE
This Code constitutes a recodification of the general and permanent ordinances of Benton County, Arkansas.
Source materials used in the preparation of the Code were the 1993 Code, as supplemented through May 11, 2010, and ordinances subsequently adopted by the quorum court. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1993 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CODE INDEX CDi:1 Index
The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself that stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Roger D. Merriam, Senior Code Attorney, and Kim Ryder, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Mr. George Spence, County Attorney, and Ms. Tena O'Brien, County Clerk, for cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the county readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the county's affairs.
Copyright
All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and Benton County, Arkansas. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and Benton County, Arkansas.
© Copyrighted material.
Municipal Code Corporation and Benton County, Arkansas. 2016.ORDINANCE NO. O-2016-34
BE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF BENTON, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE ADOPTING BY REFERENCE CODIFICATION OF THE ORDINANCES OF BENTON COUNTY, ARKANSAS
WHEREAS, Benton County, Arkansas is completing a review and update of the codification of its ordinances, and
WHEREAS, the codification of Benton County ordinances (the "code") expresses the present legislative intent of the Benton County Quorum Court, and
WHEREAS, notice of the intent to adopt the code by reference was published after the second reading and prior to the final adoption of the code, and
WHEREAS, at least one copy of the updated code to be adopted by reference has been filed in the office of the County Clerk since at least thirty days prior to its final adoption and there kept available for public use, inspection, and examination.
NOW THEREFORE, BE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF BENTON, STATE OF ARKANSAS:
ARTICLE 1: The "CODE OF ORDINANCES, BENTON COUNTY, ARKANSAS," published in 2016 by order of the Benton County Quorum Court by Municipal Code Corporation, Tallahassee, Florida, incorporated herein by reference, is hereby adopted.
ARTICLE 2:. That violations of the Code of Ordinances, Benton County, Arkansas will be punished in accordance with § 1-9 of the code, which reads as follows:
Sec. 1-9. - Penalty for violations.
(a)
In this section the term "violation of this Code" means:
(1)
Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
(2)
Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
(3)
Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
(b)
In this section the term "violation of this Code" does not include the failure of a county officer or county employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.
(c)
Except as otherwise provided, a person convicted of a violation of this Code shall be punished by a fine not exceeding $500.00 or double such sum for each repetition thereof. If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed $250.00 for each day that the same is unlawfully continued.
(d)
If a violation of this Code is also a misdemeanor under state law, the penalty for the violation shall be as prescribed by state law for the state offense.
(e)
The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
(f)
Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty however does not prevent the simultaneous granting of equitable relief in appropriate cases.
ARTICLE 3: All ordinances or portions of ordinances in conflict with the document adopted by reference in Article I are hereby repealed.
APPROVED:
/s/ Robert D. Clinard
ROBERT D. CLINARD, COUNTY JUDGEDATE SIGNED: August 19, 2016
ATTEST:
/s/ Tena O'Brien
TENA O'BRIEN, COUNTY CLERKSPONSOR: JP Mary L. Slinkard
DATE ADOPTED: August 18, 2016
Votes for: 15 Against: 0
Abstain: 0 Present:___ Absent: 0