ORDINANCE NO. 1990

AN ORDINANCE ADOPTING AND ENACTING A NEW MUNICIPAL CODE OF ORDINANCES OF

THE CITY OF EUREKA SPRINGS,

ARKANSAS, ESTABLISHING THE SAME; PROVIDING

FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EUREKA

SPRINGS, ARKANSAS:

Section 1. That the Code of Ordinances is hereby adopted and enacted as the "Eureka Springs Municipal Code". Such code shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before April 25,2005, to the extent provided in Section 2 hereof.

 

Section 2. That all provisions of such code shall be in full force and effect, from and after the 25 th day of  April . All ordinances of a general and permanent

nature of included in such code are hereby repealed from and after the 25 th day of April except as herein provided. No resolution of the city, not specifically mentioned, is hereby repealed.

 

Section 3. That the repeal provided for in Section 2 hereof shall not affect any of the following:

 

A.        Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such code;

 

B.         Any ordinance promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness;

 

C.                     Any contract or obligation assumed by the city;

D.        Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, etc., any street or public way in the city;

 

E.         Any appropriation ordinance;

 

F.         Any ordinance which, by its own teens, is effective only for a stated or limited time;

 

G.            Any ordinance providing for local improvements and assessing taxes therefore;

 

H.        Any ordinance dedicating or accepting any subdivision plat; or

 

I.              Any ordinance enacted after

Section 4. That whenever in such code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such code the doing of any act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefore, the violation of any such provision of such code shall be punishable as provided by Section 1.32.01 of such code.

 

Section 5. That any and all additions and amendments to such code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such code so that reference to the Eureka Municipal Code shall be

understood and intended to include such additions and amendments.

 

Section 6. That in case of the amendment of any section of such code for which a penalty is not provided, the general penalty as provided in Section 1.32.01 of such code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

 

Section 7. That three copies of such code shall be kept on file in the office of the Clerk/Treasurer preserved in looseleaf form or in such other form as the City Council may consider most expedient. It shall be the express duty of the Clerk/Treasurer, or someone authorized by the Clerk/Treasurer, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such code when the same have been printed or reprinted in page form, and to extract from such code all provisions which may be from time to time repealed by the City Council. These copies of such code shall be available for all persons desiring to examine the same.

 

Section 8. That it shall be unlawful for any person to change or amend by additions or deletions any part or portion of such code, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the city of

Eureka Springs to be misinterpreted thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.

 

Section 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

 

Section 10. It is hereby found that many of the ordinances of the city of Eureka Springs are not easily accessible to citizens and municipal officials and thereby has rendered it difficult for many persons to determine the actual laws in effect; and that the city has made unusual efforts to have the laws of the city of Eureka Springs adopted and published. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.

Approved and passed this 25 th day of  April, 2005.