S-30TITLE 2

CLASSIFICATION, ADMINISTRATION AND PERSONNEL

Chapters:

2.04 City Classification2.08 City and Ward Boundaries2.12 Emergency Services2.16 Social Security Coverage2.20 Unclaimed Property2.24 City Council2.28 Mayor2.32 Clerk/Treasurer2.33 Compensation2.36 City Attorney2.40 Fire Department2.44 Police Department2.48 Court2.52 Salaries of City Employees2.56 Cemetery Board2.60 City Business Manager2.64 Public Service Program2.68 Criminal Justice Fund2.72 Tree Ordinance2.76 Retired Employee Health Care Coverage

CHAPTER 2.04

CITY CLASSIFICATION

Sections:

2.04.01 Operation as first class city

2.04.01 Operation as first class city From and after the passage of this ordinance, the city of Lincoln, Arkansas, shall be a first class city, as provided by the laws of the state of Arkansas, and shall enjoy all of the rights, powers, privileges, benefits and duties provided for cities of the first class under the laws of the state of Arkansas. (Ord. 97-10, Sec. 1.)

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S-32CHAPTER 2.08

CITY AND WARD BOUNDARIES

Sections:

2.08.01 Realignment of wards2.08.02 Redrawn wards

2.08.01 Realignment of wards It is necessary to redraw the ward boundaries in order to keep the population of each ward approximately equal, due to recent annexations and results of the 2010 decennial census. (Ord. No. 2011-3, Sec. 2.)

2.08.02 Redrawn wards The city wards of the city of Lincoln, Arkansas, are hereby redrawn in accordance with the attached map in order to rebalance population contained within each ward. The proposed map will result in a population variance of approximately 8%. (Ord. No. 2011-3, Sec. 3.)

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Population Totals (2010 Census)

Ward 1 (Pop 548) Ward 2 (Pop 553) Ward 3 (Pop 593) Ward 4 (Pop 555) S-T-R

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S-30CHAPTER 2.12

EMERGENCY SERVICES

Sections:

2.12.01 Policy and purpose2.12.02 Emergency services defined2.12.03 Powers of the mayor2.12.04 Director of emergency services2.12.05 Duties of director2.12.06 Advisory council2.12.07 Duties2.12.08 Mutual aid agreements2.12.09 Appropriations and authority to accept services, gifts, grants, and loans2.12.10 Utilization of existing services and facilities2.12.11 Political activity prohibited2.12.12 Emergency services personnel2.12.13 Workmen's Compensation benefits

2.12.01 Policy and purpose

A. Because of the existing and possibility of the occurrence of disaster ofunprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or other natural causes, and in order to insure that preparations of this city will be adequate to deal with such disaster, and generally to provide for the common defense and to protect the public property of the people of this city, it is hereby found and declared to be necessary:

1. To create a city Emergency Services agency

2. To provide for the rendering of mutual aid to other cities within the state, and those adjoining states, and to cooperate with the state government with respect to carrying out emergency services functions.

B. It is further declared to be the purpose of this chapter and the policy of this city,that all emergency services functions of this city be coordinated to the maximum extent with the comparable functions of the state government including its various departments and agencies, of other cities and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of this city's manpower, resources, and facilities for dealing with any disaster that may occur.

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S-30C. It is further declared to be the purpose of this chapter and the policy of the city to

organize its emergency services organization in conformity with Ark. Slats. 11-1934 - 11-1957

2.12.02 Emergency services defined

Emergency services means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile action, or by fire, flood, earthquake, or other natural causes. These functions include, without limitation, fire fighting services, medical and health services, rescue, engineering, air raid warning services, communications, radiological, chemical, and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services (civilian war aid), emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection; together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.

2.12.03 Powers of the Mayor The Mayor of the city shall be responsible for and have general direction and control of the emergency services of this city. In addition to the powers and duties the Mayor now has, he shall have such additional powers granted and conferred by this chapter not inconsistent with other ordinances of this city.

2.12.04 Director of emergency services The Mayor, with the consent of the City Council, is hereby authorized to appoint a Director of Emergency Services, who shall perform such duties as are imposed upon him by this chapter, and as are delegated to him by the Mayor when not contrary to other ordinances of this city.

2.12.05 Duties of director The Director shall coordinate the activities of all organizations for emergency services within this city and shall maintain liaison with and cooperate with the emergency services agencies and organizations within the state and with the state government.

2.12.06 Advisory Council There is hereby created an emergency services Advisory Council consisting of four (4) citizens, appointed by the Mayor and confirmed by the City Council who shall advise the Mayor and the Director on all matters pertaining to emergency services. The Mayor shall serve as chairman of the Council and the members thereof shall serve without compensation.

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S-302.12.07 Duties

A. In perfolining his duties under this chapter, the Mayor, or the Director ofEmergency Services when such authority is delegated to him by the Mayor, is authorized to cooperate with the state government, with other cities and counties, and with private agencies in all matters pertaining to the emergency services of this city and the state.

B In performing his duties under this chapter and to effect its policy and purpose,the Mayor is further authorized and empowered:

1. To make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him herein, with due consideration of the plans of the state government;

2. To prepare a comprehensive plan and program for the emergency services of this city, such plan and program to be integrated into and coordinated with the emergency services plans of the state government and of other cities and counties within the state to the fullest extent;

3. In accordance with such plan and program for the emergency services of this city, to institute training programs and public information programs, and to take all other preparatory steps including the partial or full mobilization of emergency services organization, in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of emergency service personnel in time of need;

4. To make such studies and surveys of the industries, resources, and facilities in this city as may be necessary to ascertain the capabilities of the city for emergency services, and to plan for the most efficient emergency use thereof;

5. On behalf of this city, to enter into mutual aid arrangements with other cities and counties within this state and also with emergency services agencies or organizations in other states for reciprocal emergency services aid and assistance in case of disaster too great to be dealt with unassisted. Such mutual aid arrangements may be made subject to the approval of the Governor, or of the State Director of Emergency Services;

6. To delegate any administrative authority vested in him under this chapter, and to provide for the subdelegation of any such authority;

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S-307. To cooperate with the Governor and the Arkansas Office of Emergency

Services and other appropriate state offices and agencies, and with the officials and agencies of other cities and counties within the state pertain-ing to the emergency services of the state including the direction or control of:

a. black-outs and practice blackout, air-raid drills, mobilization of emergency services forces, and other tests and exercises,

b. warnings and signals for drills or attacks and the mechanical de vices to be used in connection therewith,

c. the effective screening or extinguishing of all lights and lighting devices and appliances,

d. shutting off water mains, gas mains, electric power connections and the suspension of all other utility services,

e. the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, prior and subsequent to drills or attack,

f. public meetings or gatherings, andg. the evacuation and reception of the civilian population.

2.12.08 Mutual aid arrangements

A. The Director of the organization for emergency services may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency services aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the state emergency services plan and program, and in time of emergency it shall be the duty of each local organization for emergency services to render assistance in accordance with the provisions of such mutual aid arrangements.

B. The Director of the organization for emergency services may, subject to the approval of the Governor, enter into mutual aid arrangements with emergency services agencies or organizations in other states for reciprocal emergency service aid and assistance in case of disaster too great to be dealt with unassisted.

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2.12.09 Appropriations and authority to accept services, gifts, grants, and loans

A. Whenever the state government or any agency or officer thereof shall offer to this city, services, equipment, supplies, materials, or funds by way of gifts, grants, or loans, for purposes of emergency services, the city, acting through the mayor, may accept such offer and upon such acceptance, the Mayor may authorize any officer of the city to receive such services, equipment, supplies, materials, or funds on behalf of this city, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

B. Whenever any person, firm, or corporation shall offer to this city services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of emergency services, the city acting through the Mayor, may accept such offer and upon such acceptance the Mayor of the city may authorize any officer of the city to receive such services, equipment, supplies, materials, or other funds on behalf of the city, and subject to the terms of the offer.

2.12.10 Utilization of existing services and facilities In carrying out the provisions of this chapter, the Mayor is directed to utilize the services, equipment, supplies and facilities of existing departments, offices, and agencies of the city, to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the Mayor, and to the emergency services organizations of the city upon request.

2.12.11 Political activity prohibited No organization for emergency services established under the authority of this chapter shall participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes.

2.12.12 Emergency services personnel No person shall be employed or associated in any capacity in the emergency services organization of this city established under this chapter who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or of this state, or in this city or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in this organization for emergency services shall, before entering upon his duties, take an oath, in writing before a person authorized to administer oaths in the state which oath shall be substantially as follows:

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S-30"I, , do solemnly swear (or affirm) that I will support and defend the

Constitution of the United States and the Constitution of the State of Arkansas against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the emergency services agency of the city, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence. STATE LAW REFERENCE-see Ark. Stats. 11-1934, et seq.

2.12.13 Workmen's Compensation benefits.

A. Recovery for the injury or death of persons appointed and regularly enrolled in emergency services organization as contemplated by this Act (AS 11-1934 11-1957), while actually engaged in emergency, shall be limited to the provisions of the Workmen's Compensation Act, if such person are regularly employed by the State of Arkansas, and if such person is (a) qualified emergency services volunteer worker of an accredited local organization for emergency services, recovery shall be limited as hereinafter provided.

B. The remedy provided herein shall be the exclusive remedy as against the state and political subdivision thereof.

C. For the purpose of workmen's compensation coverage in cases of injury to or death of an individual, all duly registered and qualified emergency services volunteer workers shall be deemed state employees within the meaning and requirements of Act 462 of 1949 as amended by Act 373 of 1951 (AS 13-1402 -13-1407, 13-1409 13-1413) and shall receive compensation and their survivors shall receive death benefits in like manner as regular state employees for injury or death arising out of and in the course of their activities as emergency services volunteer workers.

D. For the purpose of subsection (3) of this section, such emergency services volunteer workers who receive no monetary compensation for services rendered as such workers shall be deemed to have received such wages as will qualify them for maximum benefits applicable with respect to injury, disability, or death. The reimbursement of Fifteen Dollars ($15.00) or less for out-of-pocket expenses incurred in response to an emergency situation, such as gasoline, oil, unifouns, and required equipment, etc., shall not be construed monetary compensation for the volunteer worker.

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S-30E. In the event that any person who is entitled to receive benefits through the

application of subsection (3) of this section receives, in connection with the injury, disability or death giving rise to such entitlement benefits under an Act of Congress or federal program providing benefits for emergency services workers or their survivors, the benefits payable hereunder shall be reduced to the extent of the benefits received under such other Act or program. Any person who performs the duties of such member or trainee as an adjunct to his regular employment and who otherwise would be entitled to receive Workmen's Compensation benefits for his injury, disability, or death, if injured in the performance of such duties, shall be deemed to have been injured, disabled or killed in the course of his regular employment.

F. An emergency services volunteer worker shall be deemed duly registered and qualified when he meets the following requirements: When he is a member of and has on file in either an accredited local emergency services organization, or in the office of Emergency Services the following information:

1. Name and address2. Date enrolled3. Loyalty oath4. Class of service assigned5. Payments, death and disability benefits as herein provided shall be

made from the Workmen's Compensation revolving fund for state employees. STATE LAW REFERENCE-see Ark. Stats. 11-1955; Sec. 22, Act 511 of 1973; Sec. 6, Act 408 of 1977; Hdbk. 4-3.6

CHAPTER 2.16

SOCIAL SECURITY COVERAGESections:

2.16.01 Contract2.16.02 Withholding taxes from wages2.16.03 City to match withholding

2.16.01 Contract The Mayor and Recorder/Treasurer are hereby authorized and directed to enter into an agreement with the state for the purpose of obtaining insurance coverage for the employees of the city under the terms and provisions of the Federal Social Security Act.

2.16.02 Withholding taxes from wages Each employee's insurance contribution shall be deducted from his salary check in accordance with the terms and provisions of the Social Security Act.

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S-302.16.03 City to match withholding There is hereby appropriated from the general fund of the

city the sums of money necessary to pay the city's share of the insurance tax in accordance with the terms and provisions of the Social Security Act.

CHAPTER 2.20 UNCLAIMED PROPERTY

Sections: 2.20.01 Disposal2.20.02 Sale2.20.03 Proceeds of sale to owner2.20.04 Proceeds remaining after six months

2.20.01 Disposal The Marshal under the direction hereinafter set out is hereby authorized and directed to dispose of at public auction all unclaimed personal property rightfully coming into the hands of his office and to dispose of other confiscated property confiscated under the orders of the city court with the exception of confiscated liquor.

STATE LAW REFERENCE-For procedure relating to liquor, see Ark. Stats. 48-926 - 48 - 929.1

2.20.02 Sale All unclaimed personal property coming into the hands of the Marshal will be held by him for a period of six (6) weeks or longer. If property remains unclaimed, he shall periodically advertise such property in some newspaper of general circulation in the city once each week for three (3) consecutive weeks setting forth in notice the time for the sale which shall not be earlier than five (5) days after the last publishing of the notice and no later than ten (10) days thereafter, designating an easily accessible place for the sale thereof, and giving a complete list and description of unclaimed articles to be sold. The Marshal shall have the right to refuse any and all bids not satisfactory and will then proceed to advertise these items for sale at a later date. Terms of such sale shall be for cash only. Nothing in this chapter shall prohibit any person who properly identifies any of the property as being their own before the sale from claiming and having property restored to them.

2.20.03 Proceeds of sale to owner The Marshal shall deposit the receipt from the aforesaid sale of unclaimed property in the treasury and the treasurer is to keep these funds in a special ac-count for a period of six (6) months and any person identifying as his own any of such property within the six (6) month period shall upon the presentation of satisfactory proof be paid by city warrant out of the special account the amount of which the property was sold. The Marshal or some person designated by him shall keep in a well bound book an accurate record and description of each piece of unclaimed property passing through his office and the price for

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which it was sold and the date, the name and address of whose who purchased same, as well as a complete record of those who identified and claimed any of the property before it was sold.

2.20.04 Proceeds remaining after six months All proceeds from the sale remaining in the special fund for a period of six (6) months shall by the Treasurer be transferred to the city's general fund and no further payment shall be made therefrom to anyone who thereafter claims ownership.

CHAPTER 2.24

CITY COUNCIL

Sections:

2.24.01 2.24.02 2.24.03 2.24.04 2.24.05 2.24.06 2.24.07 2.24.08

Council meetings - regularCouncil meetings - specialFreedom of information procedureOrder of businessTimely applications for agenda requiredClerk to prepare, distribute agenda and relate itemsNon agenda matters not to be considered; exceptionEffective date for ordinances and amendments

2.24.01 Council meetings - regular From and after the date of passage hereof, the meeting time for the City Council of Lincoln, Arkansas, will be 7:00 p.m. on the second Monday of every month. (Ord. No. 87-2, Sec. 1)

2.24.02 Council meetings — special Special meetings of the City Council may be held upon the call of the Mayor, whenever in his opinion it shall be necessary, or by three (3) members of the Council by giving at least three (3) days' notice of such special meeting, by giving notice in writing which notice shall be served personally, or through the mails, to all members of the Council, which notice shall state the time of the meeting and purpose thereof. STATE LAW REFERENCE-See A.C.A. 14-43-301.

2.24.03 Freedom of information procedure All meetings of the City Council shall be public meetings. Notice of the time, place and date of all special meetings shall be given to representatives of the newspapers and radio stations located in Washington County which have requested to be notified at least two (2) hours before the special meeting takes place.

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Order of business At all meetings of the Council, the following shall be the order of business unless the Council by a majority vote shall order otherwise.

2.24.05 Timely applications for agenda required From and after the date of passage of this ordinance, persons who desire a place on the Council meeting agenda must make a request by noon of the Friday immediately preceding the Council meeting. (Ord. No. 00-12, Sec. 1.)

2.24.06 Clerk to prepare, distribute agenda and relate items The Clerk shall prepare the agenda for the Council meeting and cause the same to be distributed to each council member on the same said Friday. The Clerk shall include with the agenda such ordinances, resolutions and other information germane to the agenda issues as are available. (Ord. No. 00-12, Sec. 2.)

2.24.07 Non agenda matters not to be considered; exception The Council shall not be obligated to consider matters or issues which are not germane to the agendas it closed. However, the Council may, at a regular monthly meeting, suspend the rule by a two-thirds majority vote and consider any other matter or issue which it may lawfully consider. (Ord. No. 00-12, Sec. 3.)

1. Call to order2. Roll call3. Reading of minutes of the previous meeting4. Reports of boards and standing committees5. Reports of special committees6. Unfinished business7. New business8. Announcements9. Adjournment

2.24.08 Effective date of ordinances and amendments From and after the effective date hereof, all ordinances and amendments thereto shall become effective on the 31St day following their enactment, unless an emergency is found to exist. (Ord. No. 2006-12, Sec. 1.)

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Chapter 2.28

MAYORSections:

2.28.01 Office created2.28.02 Election2.28.03 Duties2.28.04 Appointment of officers2.28.05 Salary

2.28.01 Office created. The office of Mayor is hereby created.

STATE LAW REFERENCE-See Ark. Stats. 19-901

2.28.02 Election. On the Tuesday following the first Monday in November, 1978 and every four (4) years thereafter, the qualified voters of Lincoln shall elect a Mayor for four (4) years.

STATE LAW REFERENCE-See Ark. Stats. 19-1002.4, Act 12 of 1965

2.28.03 Duties. As chief executive of the city the Mayor shall preside over all meetings of the City Council and shall perform such duties as may be required of him by State Statute or City Ordinance.

2.28.04 Appointment of officers. The Mayor shall appoint, with the approval of the City Council (where such approval or confirmation is required) all officers of the City whose election or appointment is not provided for by State Statute or City Ordinance.

2.28.05 Salary. The rate of pay of the Mayor shall be determined by ordinance of the City Council from time to time in a manner that will comply with the Arkansas Constitution.

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S-19CHAPTER 2.32

CLERK AND TREASURER

Sections:

2.32.01 Offices combined2.32.02 Duties2.32.03 Records2.32.04 Making payments2.32.05 Compensation

2.32.01 Offices combined The statutory offices of Treasurer and City clerk are hereby combined and one person shall hold both offices. Hereafter, the office shall be known as that of Clerk/Treasurer. (Ord. No. 99-11, Sec. 1.)

2.32.02 Duties The officer holding the office of Clerk/Treasurer shall have such powers and perform such duties as are now permitted by law or as may be prescribed by ordinance of this city, not inconsistent with the provisions of Arkansas Law pertaining to such offices. The Clerk/Treasurer is directed to pay each January the annual service charge of the Arkansas Municipal League from the general fund of the city. (Ord. No. 99-11, Sec. 2.)

2.32.03 Records The Clerk/Treasurer shall establish a systematic method of recording each regular and special council meeting and all committee meetings and shall keep a record of attendance by each council member and the Mayor from which compensation of the members and the Mayor can be computed for payment. (Ord. No. 99-11, Sec. 3.)

2.32.04 Making payments The Clerk/Treasurer or his successor in authority shall and is hereby directed to pay himself or herself and the other officers to which this ordinance applies from the Lincoln general fund as compensation and salary for duties performed as such officers according to the terms of this ordinance. (Ord. No. 99-11, Sec. 4.)

2.32.05 Compensation The compensation of the Clerk/Treasurer of the city of Lincoln shall be fixed at One Thousand, Five Hundred Dollars ($1,500.00) per year, payable in twelve (12) monthly increments of One Hundred and Twenty-Five Dollars ($125.00) each. (Ord. No. 99-11, Sec. 5.)

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CHAPTER 2.33

COMPENSATION

Sections:

2.33.012.33.022.33.03

Salaries for certain officers fixedPrior salaries ratifiedReimbursement for personal expenditures

2.33.01 Salaries for certain officers fixed From and after the date of passage and approval hereof, the following schedule of salaries not heretofore provided shall be in force:

A. Mayor - $500.00 per month. (Ord. No. 2006-19, Sec. 1.)

B. Aldermen - $100.00 per month, provided, however that in the event that nalderman shall fail to attend any regularly-scheduled City Council meeting during any calendar month, pay shall be suspended for that month. (Ord. No. 2004-19, Sec. 1.)

C. Member of the Planning Commission - $100.00 per month, provided, however, that in the event a member shall fail to attend any regularly-scheduled Planning Commission meeting during any calendar month, pay shall be suspended for that month. (Ord. No. 2004-10, Sec. 2.)

2.33.02 Prior salaries ratified. The City Council does hereby acknowledge that the foregoing named officers have received salaries for which no specific ordinance provided since 1983. Those prior salaries are hereby found to be reasonable and just for the scope of public service performed and are hereby ratified and approved. (Ord. No. 87-6, Sec. 2.)

2.33.03 Reimbursement for personal expenditures When any of the foregoing officers shall travel outside the city of Lincoln, he shall receive reimbursement for reasonable expenses incurred for meals, lodging and mileage reimbursement at whatever rate is being paid state employees. An alderman shall be presumed not to be traveling in connection with municipal affairs unless he has been designated as a representative of the city by the City Council or the Mayor. (Ord. No. 99-10, Sec. 1.)

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CHAPTER 2.36

CITY ATTORNEY

Sections:

2.36.012.36.022.36.03

Elected City AttorneyOther legal servicesFees not a basis for compensation

2.36.01 Elected City Attorney The elected City Attorney shall, at the direction of the Mayor, draft all Mayoral proclamations. The elected City Attorney shall be paid a salary of One Hundred Dollars ($100.00) per year for such services. In the event that the office is vacant, the city may contract for such services. (Ord. No. 2010-3, Sec. 1.)

2.36.02 Other legal services All other legal services shall be procured through a contractual arrangement with one or more legal service providers. (Ord. No. 2010-3, Sec. 2.)

2.36.03 Fees not a basis for compensation The City Council expressly declares that any costs or fees generated by the work of any attorney performing work for the city shall not be and are not a basis for the compensation. (Ord. No. 2010-3, Sec. 3.)

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2.36.04 Definitions

A. Basic Duties. The term "basic duties" as used in 2.36.03 shall be construed to mean the first eight hours of time per month documented and expended by the City Attorney in activities set forth in 2.36.03 hereof. For documented and expended time in excess of eight hours per month, the City Attorney shall be compensated on a basis of One Hundred Twenty-Five Dollars ($125.00).

B. Special Projects. Legal services performed as a part of municipal or quasi-municipal bond issues or loan or grant programs to other capital projects in which the state or federal loan or grant program allows a legal services fee as a part of the state or federal agency's rules and regulations. (Ord. No. 04-23, Sec. 5.)

2.36.05 Reimbursement for expenses. The City Attorney shall be reimbursed for any travel, lodging and meal expenses outside Washington County reasonably and necessarily incurred in connection with his duties at such rates as are commensurate with those paid state officials. (Ord. No. 04-23, Sec. 6)

2.36.06 Fees not a basis for compensation. The City Council expressly declares that any costs or fees generated by the work of the City Attorney shall not be and are not a basis for the compensation authorized herein. (Ord. No. 04-23, Sec. 7)

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S-30CHAPTER 2.40

FIRE DEPARTMENT

Sections:

2.40.01 Personnel2.40.02 Appointment and removal of Fire Chief2.40.03 Duties of Fire Chief2.40.04 Compensation of volunteer firemen2.40.05 Registration of volunteer firemen2.40.06 Firemen's Pension and Relief Fund2.40.07 Interference with firemen2.40.08 Damaging or tampering with fire apparatus, hydrants or unauthorized

riding on fire vehicles

2.40.01 Personnel The Fire Department shall consist of the following personnel:

One Fire Chief and any number of volunteer firemen as the Fire Chief shall determine as necessary from time to time.

2.40.02 Appointment and removal of Fire Chief The Fire Chief shall be appointed by the Mayor unless appointment is disapproved by a two-thirds vote of the council membership. Such Fire Chief shall be subject to removal by the Mayor unless removal is overruled by Council by a two-thirds vote of the Council membership.

2.40.03 Duties of Fire Chief The Fire Chief shall be the head of the department and shall be fully responsible for the operation and the equipment of the department. It shall be his duty to determine all matters in connection with the operation, except the expenditures of city funds therein. He shall make periodic reports to the City Council, showing the names of paid firemen, number of hours on duty, the condition of the equipment of the department, and such other matters as shall be determined necessary by resolution or ordinance of the City Council.

2.40.04 Compensation for volunteer firemen The volunteer firemen shall be paid for such services as they render based upon the number of calls answered. The Chief shall attend all Council meetings for the purpose of furnishing any information required by the Council.

2.40.05 Registration of volunteer firemen All volunteer firemen shall be registered with the Chief and their names, addresses and phone numbers shall be posted in the Fire Department and also on file with the Recorder/Treasurer. Such lists shall be kept up to date by the Fire Chief.

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2.40.06 Firemen's Pension and Relief Fund The City Council shall, on or before the time fixed by law for levying county taxes, make out and certify to the county clerk the rate of taxation levied by the city on the real and personal property within the city, not to exceed one (1) mill on the dollar of the assessed value, for the purpose of paying pensions to retired firemen, and pensions to widows and minor children of deceased firemen and widows and minor children of deceased retired firemen, as provided by law. The Council shall make the rate of taxation, not to exceed one (1) mill on the dollar of the assessed value of the real and personal property within the city, sufficient to raise and provide such amount of money as the Board of Trustees of the Firemen's Pension and Relief Fund certified to the Council will be required to pay pensions to widows and minor children of deceased firemen and widows and minor children of deceased retired firemen, for the following year. If the amount certified to the council by the Board of Trustees is more than a levy of one (1) mill will produce, the Council shall make the full levy of one (1) mill. All members of the fire department, whether past, present, or future, and whether they be paid, part paid or volunteer firemen, their widows and minor children, and who meet the requirements established by the laws of the state for such eligibility, shall be included in the estimate of the amount of money required to pay pensions, which said board is required to submit to the City Council, and all persons eligible to receive such benefits shall be entitled to receive them.

This code shall at all times conform to state law governing the Firemen's Pension and Relief Fund and any amendment to such state law shall automatically amend this code to assure compliance with state law.

STATE LAW REFERENCE-see A.C.A. 24-11-801 — 24-11-803, Amend. 31, Ark. Const.; Hdbk 33-1.1 -- 33-1.38

2.40.07 Interference with firemen It shall be unlawful for any person to molest or otherwise interfere with any fireman in the performance of his duties. (Ord. No. 164, Sec. 2)

2.40.08 Damaging or tampering with fire apparatus, hydrants or unauthorized riding on fire vehicles

A. It shall be unlawful for any person to damage, injure, tamper with or interfere with any hose, hose connection, vehicle or other equipment or apparatus belonging to the Lincoln Fire Department. It shall be unlawful for any person to remove any such equipment or apparatus from any fire station or other place where it is being kept or used without express authority from the Fire Chief.

B. It shall be unlawful for any person to open, close, tamper with or molest any fire hydrant of the city without the express approval of the Fire Chief and the Superintendent of the Water and Sewer Department. This section shall not apply to any authorized

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employee of the city or to any member of the Fire Department while in the discharge of his duties. No person shall open or close any fire hydrant with adevice other than that provided for such use by the Fire Chief or theSuperintendent of the Water and Sewer Department.

C. It shall be unlawful for any person except regular firemen or persons belonging to the Fire Department and recognized as such to ride or attempt to ride on any fire vehicle belonging to the Fire Department when the Fire Department is responding to a fire alarm. (Ord. No. 164, Sec. 3)

D. No fire fighter enrolled on the records of the city of Lincoln Fire Department shall be allowed to bring any person under the age of sixteen (16) years with them when responding to emergency calls, unless:

1. There is a person sixteen (16) years of age or older at the scene not responding to the emergency call, supervising any persons under the age of sixteen (16) years; or

2. The responder happens upon an emergency scene.

In this situation, the persons under sixteen (16) years of age should be removed once other responders arrive or the condition in (1) above is met. (Ord. No. 2009-5, Sec. 2.)

CHAPTER 2.44

POLICE DEPARTMENTSections:

2.44.01 Established2.44.02 Organization2.44.03 Chief of police - duties and responsibilities2.44.04 Duties of officers2.44.05 Appointment2.44.06 Qualifications2.44.07 Examination procedure2.44.08 Grading, recommendation and appointment2.44.09 Special requirement of physical fitness2.44.10 Disciplinary actions and procedures2.44.11 Emergency provision

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S-302.44.01 Established There is hereby established the Police Department of the city, which

shall consist of the Chief of Police and such police officers as the Council shall prescribe by resolution or ordinance. Each member of the police Department shall be appointed by the Mayor and confirmed by the Council pursuant to the provisions of this chapter. They shall receive such compensation as shall be determined by ordinance or resolution, and such compensation shall be in lieu of all special fees, rewards, or remuneration arising from such police service.

2.44.02 Organization

A. The Chief of Police shall be the chief executive officer and shall have direct control and management of all members of the department in the lawful exercise of their duties. He shall be responsible for the maintenance of order, the enforcement of laws, ordinances and regulations of the city, the prevention of crime, and the protection of life and property. In case of the absence or disability of the Chief, the Mayor shall designate a police officer to be acting Chief, and such chief shall perform the duties and exercise the power and authority of the Chief, but shall be entitled to no additional salary.

B. The Chief of Police and each officer shall perform such duties as may be required by law, ordinance or city regulations. Each member of the department shall give such assistance as is necessary to any other city department or city employee.

C. The Chief of Police and each permanent police officer shall devote full time to police department duties and shall not engage in any other business, profession or occupation, either directly or indirectly, unless approved by resolution of the City Council.

2.44.03 Chief of Police — duties and responsibilities

A. The Chief of Police shall adopt written internal rules and regulations for the government, discipline, equipment and uniforms of police officers, fixing their duties, and prescribing penalties for violation of any such rules and regulations.

B. The Chief of Police shall have custody, care and control of the public property and equipment of the Police Department, subject to the directions of the Mayor and the City Council. He shall conduct periodic surveys of such property and equipment, arrange for the salvaging of discarded or impaired items, and submit recommendations as to future needs.

C. It shall be the duty of the Chief of Police to keep an accurate and complete record of all complaints, arrests, traffic violations, convictions, and the disposition of each case handled by the department. The Chief shall also keep a record of the accomplishments and performances of each police officer.

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S-30D. The Chief of Police shall, immediately following the end of each calendar month,

submit to the city council a written report on all activities and transactions of the department during the month. He shall also submit a report at the end of each calendar year. He shall include either in the annual report, or with the proposed departmental budget for the ensuing year, such recommendations as he shall deem advisable with respect to departmental organization, personnel, or equipment.

E. All funds arising out of Police Department operations that may be collected by any member of the department shall be deposited with the Recorder/Treasurer not later than the succeeding business day. The Chief of Police shall file with the Recorder/ Treasurer, accompanying each deposit, a statement showing in detail the source of such receipts and the chief shall affix thereto his certificate stating that the money so paid is all of the funds collected or received by the department since the preceding statement so filed.

2.44.04 Duties of officers Each member of the Police Department shall wear a suitable badge, to be furnished by the city, and every member of the Police Department shall, while on duty, wear a uniform which shall comply with the rules and regulations. The Chief may issue written orders authorizing the perfoimance of a specific duty while not in unifolm. Any member of the department who shall lose or destroy such badge or other property furnished by the city shall be required to pay the cost of replacement. Whenever any member shall terminate membership in the department he shall immediately deliver his badge and all other city property in his possession, to the Recorder/Treasurer, and all sums due said member shall be withheld pending final settlement.

2.44.05 Appointment

A. The Chief of Police and each officer shall be appointed by the Mayor from an eligible list of qualified persons for each position, which shall be established as hereinafter set forth. Each appointment shall be made from the three (3) persons ranking highest on the eligibility list who are available, and each appointment thus made shall be conditional until confirmed by the City Council.

B. Whenever a vacancy shall occur in the position of Police Chief or police officer and no eligible list exists for the positions, an examination shall be conducted to establish an eligible list of qualified appointees. Such an examination shall be conducted by an examination committee consisting of three (3) persons appointed by the Mayor and confirmed by the City Council and the appointed chairman of the Public Safety Committee or its successor. Public notice shall be given by posting in the city hall and library and public advertisement shall be carried in a local newspaper of each vacancy.

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S-30C. Members of the Examination Committee shall meet after their appointment to

draw for terms of one (1), two (2), and three (3) years. Thereafter, the Mayor shall appoint and the City Council shall confirm one (1) member each year to a term of three (3) years.

D. The City Council may designate a chairman of the Examination Committee; but the committee may promulgate its own rules and procedures which may be modified or superseded by ordinance or by resolution of the City Council.

2.44.06 Qualifications Each applicant for the position of Chief of Police or police officer shall have successfully completed high school, and shall have attained his twenty-first (21st) birthday and shall not have passed his sixtieth (60th) birthday by the closing date for the receipt of applications. However, each applicant over the age of forty-five (45) years must be a certified police officer, certified within the state and have at least five (5) years experience in law enforcement. Each applicant shall be at least five feet eight inches (5' 8") in height in bare feet, shall weigh at least one hundred fifty (150) pounds stripped and must be a citizen of the United States on date of application.

2.44.07 Examination procedure

A. Each applicant for a position in the Police Department shall file with the Recorder/Treasurer on forms provided by the city, a statement under oath giving complete information as to date of birth, name of each parent, each residence and occupation during the preceding ten (10) years, education, and other information required by the Examination Committee. The application form shall state that the applicant swears or affirms that he is sound in physical health without disability and capable of performing the duties of a member of the police department. A clear set of fingerprints of each applicant shall be forwarded by the Recorder/ Treasurer to the Federal Bureau of Investigation. The FBI report shall be filed with the application as a permanent record. Any false statement on theapplication or any criminal record other than minor traffic offenses shall automatically bar the applicant, or if discovered subsequent to the appointment, shall automatically vacate his appointment. Each applicant shall also file affidavits from three (3) persons, neither relatives, nor local public office holders, stating that the applicant is of good moral character, has temperate and industrious habits, has a good credit rating, is in all respects fit for the police service, and is willing to have his certificate made public.

B. Each applicant who files the statements required by (a) and who qualified in every way under the provisions of this chapter, shall be subjected to a standard written test to be administered by the Examination Committee. Those applicants who attain a grade equivalent to fifty (50) percent of the maximum grade attainable under such mental test shall be eligible for further examination under (d).

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S-30C. Each applicant must file with the Recorder/Treasurer a signed written report by a

physician licensed to practice medicine and surgery in Arkansas stating that a complete thorough physical examination made by him within ten (10) days prior to the filing of the application discloses that the applicant is free from any deformity or physical defect, is not afflicted with any communicable, parasitic or chronic disease, and shows no evidence of intemperance in the use of stimulants or drugs; that the applicant is not subject to obesity, muscular weakness or poor physique; that the blood pressure is normal; that each eye has a vision of at least 20/30 without the use of glasses; that his hearing is normal; and that his physical capacity qualifies him for police duty.

D. Each applicant who has not the requirements of (a), (b), and (c) shall be given an oral examination by the Examination Committee to determine the suitability of the applicant for police work. The committee shall also conduct such character investigations as it shall deem essential. The committee may, in the discharge of its duties, make use of such expert assistance as is available, and incur expenses in such amounts as are approved by the City Council.

2.44.08 Grading, recommendation and appointment

A. Upon completion of the examination and investigation procedure specified in Section 2.44.07, the Examination Committee shall grade each applicant and submit to the Mayor and the Recorder/ Treasurer a written report of such grading, showing the final grade and the ranking of each applicant who the committee has determined to be suitable for appointment. Such eligibility list shall be effective for one (1) year after date of filing of the report, and by written notice to the Recorder/Treasurer by the mayor may be extended for an additional year.

B. Each appointment by the Mayor of a member of the Police Department shall be provisional for a period of six (6) months, and during such period each appointee shall temporarily possess all power of the position to which appointed but shall not be a permanent member of the Police Department. Any such provisional appointment may be terminated at any time during said six (6) months' period by the filing of a written notice with the Recorder/ Treasurer by the mayor in the case of the Chief of Police, or by the Chief of Police subject to approval of the Mayor in case of a police officer. At the end of such six (6) months' period such appointee shall be confirmed by the City Council. Such confirmation shall be requested by the Mayor in the case of the Chief of Police, and by the Chief of Police, with the endorsement of the Mayor in the case of a police officer.

2.44.09 Special requirement of physical fitness At any time, but not more than once in any calendar year, the Mayor may require any member of the department to file with the Recorder/Treasurer a medical certificate as provided in subsection (c) of Section 2.44.07. If such

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S-30certificate shall disclose the department member is for any other than a temporary reason not physically qualified for police duty, the position of such individual in the Police Department shall be automatically vacated. Such individual, within fifteen (15) days after the filing of such certificate, may demand that he be permitted to submit contrary medical certificates. The decision of the majority of three (3) physicians shall prevail.

2.44.10 Disciplinary actions and procedures

A. Each member of the department shall be subject to suspension without pay for a period not to exceed thirty (30) days; to demotion or removal from office or employment for misconduct, incompetency, inefficiency, cowardice, or failure to Perform duties, or to observe the rules and regulations, but subject to the right of appeal of the aggrieved party to the council in the manner set forth herein.

B. Any department member shall, upon filing of a written demand with the Recorder/Treasurer within three (3) days after the effective date of such suspension, demotion or discharge, be entitled to receive a written statement of the reasons for such action from the person issuing the order, one (1) copy to be filed with the Recorder/Treasurer and another to be furnished to the member affected by the action. Within seven (7) days after the receipt of such written statement, the member concerned may file with the Recorder/Treasurer a written request that the Council review such suspension, demotion or removal.

C. Such action shall be taken by the Mayor in the case of the Chief of Police or in the case of another member of the department, the Chief of Police.

D. The Council may make or cause to be made, such investigation as it may deem necessary and thereafter hold a public hearing at which time it shall hear evidence for and against the party aggrieved. Hearings may be informally conducted and the strict rules of evidence need not apply, written conclusion of findings of the Council shall be rendered within ten (10) days after the matter is submitted and thereupon be certified to the official from whose order the appeal was taken. Such findings and conclusions of the Council may contain such recommendations as it shall deem warranted.

2.44.11 Emergency provision The Mayor may, in the case of riot or other emergency, appoint for a specified term as many special policeman as may be necessary. During such term, the special policeman shall possess only those powers and perfaun those duties as shall be specifically assigned to him by the Chief of Police. Such term of appointment shall expire not more than one (1) week following the termination of any riot or other emergency.

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S-30CHAPTER 2.48

CITY COURT

Sections:

2.48.01 City Court established2.48.02 Qualifications and powers of City Judge2.48.03 Additional court costs levied2.48.04 Collected by Clerk2.48.05 Funds to be held by Recorder/Treasurer2.48.06 Compensation

2.48.01 City Court established The City Court is hereby established for the city.

2.48.02 Qualifications and powers of City Judge The City Judge shall possess the same qualifications and have the same powers, jurisdiction, functions and duties as is provided by state law for other City Judges.

2.48.03 Additional court costs levied From and after the date of passage hereof, there is hereby levied and shall be collected from each defendant upon such plea of guilty, nolo contenders, bond forfeiture, or determination of guilt for any misdemeanor or traffic violation made by the City Court of Lincoln, Arkansas, the following costs:

A. For the administration of justice, as authorized by A.C.A. 16-17-113; Three Dollars ($3.00).

B. For the establishment of a Criminal Justice Fund as authorized by A.C.A. 16-17111; Five Dollars ($5.00). (Ord. No. 86-5, Sec. 1)

2.48.04 Collected by Clerk The court costs herein levied shall be collected by the Clerk of the City Court and paid over to the City Treasurer at the same time and in the same manner as other court costs. (Ord. No. 86-5, Sec. 2)

2.48.05 Funds to be held by Recorder/Treasurer Repealed by Ord. No. 1990-4.

2.48.06 Compensation From and after the effective date hereof, the salary of the City Court Judge shall be fixed at Four Hundred Dollars ($400.00) for each court date, with the same to be paid in monthly increments based on the number of days of court during the month.. (Ord. No. 2006-3, Sec. 2)

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S-30CHAPTER 2.52

SALARIES OF CITY EMPLOYEES

Sections:

2.52.01 Includes pay for holidays

2.52.01 Includes pay for holidays The appropriations made by the City Council for salaries shall include additional pay for holidays for all agents, servants and employees of the City, including but not limited to, uniformed employees as provided by the laws of the state of Arkansas.

CHAPTER 2.56

CEMETERY BOARD

Sections:

2.56.01 Board of Trustees created2.56.02 Officers2.56.03 Terms2.56.04 Trustees of cemetery property

2.56.01 Board of Trustees created Under its general regulatory authority over the burial of the dead as set forth in A.C.A. 14-54-801 et. seq., there is hereby created a Board of Trustees to administer the affairs and govern the business of the Lincoln Cemetery Association a quorum shall be constituted of three (3) trustees meeting together and Roberts' Rules of Order shall apply to business conducted by the Board and the same shall be called the Lincoln Cemetery Board. It shall be comprised of five (5) persons appointed by the Lincoln City Council and shall have jurisdiction and general authority over the burial of the dead both in the city and immediately adjacent to it. (Ord. No. 1990-1, Sec. 1)

2.56.02 Officers The Board shall no less than once a year elect a President and Recording Secretary. The Secretary may serve as President in the absence of the President. (Ord. No. 1990-1, Sec. 2)

2.56.03 Terms The respective trustees shall be appointed by the City Council to a term of-five (5) years. The term shall be rotating so that each year one appointment shall be made. The initial persons appointed to comprise the Lincoln Cemetery Board shall draw for length of

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term and notify the Recorder/Treasurer of the City Council as soon as such draw has been completed as to the length of term of each such person. Thereafter, one (1) member shall be appointed to a term beginning January 1st and ending December 31st five (5) years hence. (Ord. No. 1990-1, Sec. 3)

2.56.04 Trustees of cemetery property The Board shall as a collective entity hold in trust all property of the Lincoln Cemetery, both real, tangible and intangible personal property and mixed property whether within or without the city limits of the city of Lincoln. The Trustees shall also have the authority to accept donations and invest such funds held from time to time as to maintain the Lincoln Cemetery in the best reasonable fashion. (Ord. No. 1990-1, Sec. 4)

CHAPTER 2.60

CITY BUSINESS MANAGER

Sections:

2.60.01 Title2.60.02 Qualifications2.60.03 Duties2.60.04 Compensation2.60.05 Supervision2.60.06 Supervisory duties2.60.07 Source of compensation

2.60.01 Title There shall be a position titled. City Business Manager. (Ord. No. 2009-1,Sec. 1.)

2.60.02 Qualifications The City Business Manager shall possess a college education of ten (10) years' experience in management and sufficient general knowledge of municipal government and public works projects. The City Business Manager shall possess a commercial driver's license and a Class C water or sewer plant operator's license, provided, however, the latter qualification may be waived in writing by the Mayor for a period not to exceed one (1) year. (Ord. No. 2009-1, Sec. 2.)

2.60.03 Duties The City Business Manager's principal duties shall be the operation and maintenance of all city operations outside of the Fire and Police Department. including supervision of personnel, planning, project oversight, budgeting and policy recommendations. (Ord. No. 2009-1, Sec. 2.)

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2.60.04 Compensation The City Business Manager shall be paid such compensation as shall be approved by the City Council on the Mayor's recommendation. (Ord. No. 2009-1, Sec. 2.)

2.60.05 Supervision The City Business Manager shall operate under the supervision of and report to the Mayor. The Mayor, with approval of the City Council, may hire and/or terminate the City Business Manager. The Mayor shall have exclusive responsibilities for disciplinary actions taken with respect to the City Business Manager, n accordance with the city's Personnel Policy. (Ord. No. 2009-1, Sec. 2.)

2.60.06 Supervisory duties The City Business Manager shall have supervisory duties over the following employees: Water and Sewer Maintenance Supervisor; Street Maintenance Supervisor; City court Clerk; and City Business Clerk. (Ord. No. 2009-1, Sec. 2.)

2.60.07 Source of compensation The City Business Manager's compensation shall be derived from the following sources: 50% from the general fund and 50% from the water/sewer fund. (Ord. No. 2009-1, Sec. 2.)

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S-20CHAPTER 2.64

PUBLIC SERVICE PROGRAM

Sections:

2.64.01 Public service authorized2.64.02 Conditions of public service2.64.03 Administrative fee levied2.64.04 Administrator2.64.05 Public service defined2.64.06 Suspension2.64.07 Credit for public service

2.64.01 Public service authorized From and after the date of passage hereof, there is hereby established an authority of the Administrator to allow the performance of public service as alternative to incarceration ordered by the judge of the Lincoln City Court. (Ord. No. 00-15, Sec. 1.)

2.64.02 Conditions of public service Public service shall be authorized in all cases wherein:

A. The defendant has been sentenced to a determinate jail term;B. The defendant elects, by executing an appropriate written statement, to

perform public service in lieu of incarceration;C. The defendant pays the administrative fee hereby levied;D. The defendant complies with such rules as are promulgated by the Administrator;E. The alternative is not prohibited by the terms of the sentence;F. The defendant is accepted into the program by the Administrator.(Ord. No. 00-

15, Sec. 2.)

2.64.03 Administrative fee levied There is hereby levied a fee in the amount of $10.00 per day for the purpose of financing operational costs incurred in connection with the maintenance of the program hereby authorized. The fee shall be collected by the Administrator on a daily basis and all funds collected under the authority of this ordinance shall be deposited on the date received and turned over to the Clerk/Treasurer at the end of each calendar month. (Ord. No. 00-15, Sec. 3.)

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2.64.04 Administrator The Chief of Police is hereby designated as Administrator of the program and the funds generated hereby. The Chief of Police shall have sole discretion to determine the scope and extent of public service to be performed and shall have the authority to promulgate all rules necessary to effectuate the purposes and language of this ordinance. (Ord. No. 00-15, Sec. 4.)

2.64.05 Public service defined The term "Public Service" as used herein, shall be deemed to mean any labor performed on public or private property from which the public derives a direct or indirect benefit. (Ord. No. 00-15, Sec. 5.)

2.64.06 Suspension The Administrator may suspend public service in his sole discretion at any time by any participate and no credit shall be allowed as an offset to incarceration fro less than eight hours' service in a 24-hour period. (Ord. No. 00-15, Sec. 6.)

2.64.07 Credit for public service For each eight hours of public service time, a participant shall be allowed 24 hours' credit to offset jail time. (Ord. No. 00-15, Sec. 7.)

CHAPTER 2.68

CRIMINAL JUSTICE FUND

Sections:

2.68.01 Finding of fact2.68.02 Transfer

2.68.01 Finding of fact The City Council expressly finds that the city is authorized by A.C.A. 16-17-112(d)(1993 Supplement) to use certain funds in the Criminal Justice Fund for any purpose deemed appropriate. The City Council expressly finds that it is both appropriate and necessary that $4,086.35, be withdrawn from the Criminal Justice Fund created by city ordinance and by the aforesaid statute; and transferred to the police depaituient account for the purpose of acquiring capital equipment and maintaining operations. (Ord. No. 01-4, Sec. 1.)

2.68.02 Transfer The Mayor and Clerk/Treasurer are hereby directed to effect such transfer immediately. (Ord. No. 01-4, Sec. 2.)

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S-28CHAPTER 2.72

TREE ORDINANCE

Sections:

2.72.01 Title2.72.02 Effective date2.72.03 Purpose2.72.04 Definitions2.72.05 Tree Committee2.72.06 Tree planting, maintenance and removal2.72.07 Commercial tree services2.72.08 Hazardous and nuisance trees2.72.09 Landscape plans2.72.10 Penalties

2.72.01 Title This ordinance shall be known as the Lincoln Tree Ordinance. (Ord. No. 2007-15, Sec. I.)

2.72.02 Effective date This ordinance shall become effective from and after 31 days of its publication. (Ord. No. 2007-15, Sec. 2.)

2.72.03 Purpose It is the purpose of this ordinance to preserve and enhance the natural beauty of the city of Lincoln, to protect the health and safety of the residents of the city, and to protect the environment by providing for the regulation of the planting, maintenance, protection and removal of trees within the city in order to accomplish the following objectives:

A. to create a desirable environment for residentsB. to moderate effects of sun, wind and temperature changesC. to buffer noise, air and visual pollutionD. to filter pollutants from the air and release oxygenE. to decrease storm water runoffF. to provide habitat for wildlifeG. to increase property values and protect investmentsH. to preserve desirable treesI. to help preserve river and stream banksJ. to screen incompatible land usesK. to encourage public education about trees and their value to the communityL. to promote energy conservation

(Ord. No. 2007-15, Sec. 3.)37.1

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2.72.04 Definitions The following terms are defined as they are used within this ordinance.

Commercial tree service shall mean any person who performs work on trees for profit.

Diameter Breast Height (DBH) shall mean the diameter of a tree measured at a point four and one-half feet above the ground. If a tree splits into multiple trunks, the trunk is measured at its narrowest point below the split.

Dripline shall mean an imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground.

Hazardous tree shall mean a tree or tree parts with a high probability of falling or causing injury or property loss; also, a tree harboring insects or a disease that could be detrimental to surrounding trees.

Landmark tree shall mean any tree, located on public property, listed with the state or national registry or cited in the city's tree registry as being historically significant, by age, species, form or location.

Person shall mean any individual, firm, corporation, partnership, business, group of individuals, city department or other entity which acts singly or collectively for a common purpose.

Public grounds shall mean areas owned and/or maintained by the city, including right-of-ways, street, alleys, parks, medians, substations, treatment plants, plazas, squares, public buildings and any other city-owned and maintained areas designated as public.

Rare trees shall mean a tree with a DBH of twenty-four (24) inches or more for large-growing species and eight (8) inches or more for small-growing species or is representative of an uncommon or endangered species.

Sign triangle shall mean the area encompassed within the triangular area formed by the right-of-way lines abuting the intersection and a line connecting points on these street lot lines at a distance of thirty (30) feet from the point of intersection of each right-of-way line.

Topping shall mean the severe removal of the tree canopy back to large stubs. It is also known as stubbing, dehorning, pollarding and heading.

Tree shall mean any self-supporting, woody, perennial plant, usually having a main stem or trunk and many branches, and, at maturity, normally attaining a trunk diameter greater then three (3) inches DBH and a height of over ten (10) feet. (Ord. No. 2007-15, Sec. 4.)

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2.72.05 Tree Committee There shall be a Tree Advisory Committee consisting of no fewer than five (5) individuals appointed to serve by the Mayor pursuant to the city's normal board and committee appointment procedures. Members shall serve a three year term and may be reappointed indefinitely. The initial members shall draw lots with one serving a 1-year term, two serving a 2-year term and two serving a 3-year term in order to provide for staggered terms. The Tree Advisory Committee shall be advisory in nature with the purpose of providing advice to the City Council, Mayor and other city officials as to the management of the urban forest within the city. The Tree Advisory Committee shall be responsible for drafting the city's annual forest plan for presentation to the City Council. (Ord. No. 2007-15, Sec. 5.)

2.72.06 Tree planting, maintenance and removal It is the public policy of the city of Lincoln to encourage the planting of trees and to maintain existing trees within the city to the extent possible.

A. The city shall have the right to plant, prune, maintain and remove trees plants and shrubs within the public right-of-ways of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to insure public safety or to preserve and enhance the symmetry and beauty of such public grounds.

B. The city shall have the right to prune or remove any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device, sign or sight triangle at intersections.

C. The city and its employees shall follow the guidelines of the city's annual forest plan in carrying out their duties under this ordinance.

D. City employees performing tree work on public grounds shall attend an educational workshop on basic tree science and the proper techniques of tree pruning.

E. Trees shall not be planted where they may conceal a fire hydrant from the street, where they impeded the line of sight on any street or intersection, or where they may interfere with underground or overhead utilities.

F. Trees may not be removed from public grounds without first obtaining written approval from the city's Code Enforcement Officer. Trees on public grounds may not be topped.

G. It shall be a violation of this ordinance to damage, destroy or mutilate any tree on public grounds or to attach a rope, wire, sign, poster, handbill or any other object

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S-28to any such tree unless prior written approval is received from the city's Code Enforcement Officer. (Ord. No. 2007-15, Sec. 6.)

2.72.07 Commercial tree services Any commercial tree service performing any pruning, cutting, stump removal, spraying or any other service to trees on public grounds shall first demonstrate that the supervisory personnel directly overseeing the work within the city have appropriate training in tree pruning and maintenance. (Ord. No. 2007-15, Sec. 7.)

2.72.08 Hazardous and nuisance trees

A. Every owner of any tree overhanging a street or sidewalk within the city is responsible for pruning the branches so that such branches shall not obstruct vehicles or pedestrians, nor shall they obstruct the view of traffic control signals or sight triangles at intersections. Further, all property owners shall cause the removal of any obviously dead or diseased trees on their property whenever such trees constitute a hazard to life or property, or harbor insects or disease which constitute a potential threat to other trees.

B. If property owners fail to perform the duties required in paragraph (A) above, after thirty (30) days' written notice from the city's Code Enforcement Officer, mailed via certified mail, return receipt requested, to the property owner's last known address and posted on the offending tree or trees, then the city shall have the right to enter upon the property and have said tree and/or branches cut and removed, and the cost thereof shall be charged against the premises and shall constitute a lien thereon.

C. The lien imposed in paragraph (B) above may be enforced by the city as a Mechanics and Materialman's Lien or may be certified to the County Tax Collector and placed on the tax books as a delinquent tax. (Ord. No. 2007-15, Sec. 8.)

2.72.09 Landscape plans Subdivision and development plans submitted to the Planning Commission for approval shall include a landscape plan. Such landscape plan shall show existing trees, any trees removed within the prior year and any trees proposed to be planted, and shall note the size and species of all trees indicated. The Planning Commission may require trees to be planted along any of the streets, parking lots, parks or other public places when reviewing and approving development plans. (Ord. No. 2007-15, Sec. 9.)

2.72.10 Penalties Any person violating any provision of this ordinance shall, upon conviction or a plea of guilty, be subject to a fine of not less than One Hundred Dollars ($100.00) and not to exceed One Thousand Dollars ($1,000.00) for each separate offense. Each tree involved shall constitute a separate offense. (Ord. No. 2007-15, Sec. 10.)

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CHAPTER 2.76

RETIRED EMPLOYEE HEALTH CARE COVERAGE

Sections:

2.76.01 Title2.76.02 Coverage

2.76.01 Title This ordinance shall be known as the Retired Employees Health Care Continuation Ordinance. (Ord. No. 2009-11, Sec. 1.)

2.76.02 Coverage

A. Pursuant to Act 1279 of 2009, codified as A.C.A. 24-12-132, the Lincoln CityCouncil hereby declares that a retired employee or official age fifty-five (55) or over who has completed twenty (20) years of service to the municipality may participate in the municipal health care plan if he or she:

1. Is eligible to receive retirement benefits from the Arkansas Local Police and Fire Retirement System Arkansas Public Employees Retirement System or a local pension fund; and

2. Pays both the employer and the employee contribution to the health care plan; and

3. Is not covered at any time during retirement by another health care plan; and

4. Notifies the city within thirty (30) days after the official date of retirement of his or her intent to participate in the city's health care plan.

B. Such health insurance coverage is also available to the retired employee's orofficial's dependants, as long as the employee or official pays both the employeeand employer shares of such coverage. (Ord. No. 2009-11, Sec. 2.)

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