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TITLE 7

PUBLIC PEACE, SAFETY AND MORALS

chaters:

7.04 State Criminal Statutes and Penalties7.06 Prohibited Substances7.08 Curfew7.12 Loitering7.16 Prohibited Weapons7.20 Claims against City7.24 Volatile Materials and the Fire Department7.28 Outside Fire Service7.32 Summons Procedure7.36 Soliciting7.40 Noise7.44 • Fireworks7.48 Lincoln Municipal Library7.52 Water Usage in Emergency

CHAPTER 7.04

STATE CRIMINAL STATUTES AND PENALTIES

Sections:

7.04.01 State criminal statutes adopted7.04.02 State penalties adopted

7.04.01 State criminal statutes adopted

Each and every act, matter or thing which the laws of the state of Arkansasmake misdemeanors or violations is hereby prohibited within the corporatelimits of the city and made unlawful under this ordinance.

The criminal laws of the state of Arkansas, as now existing and as hereafter maybe provided, insofar as same may make any act, matter or thing a misdemeanor orviolation, are hereby adopted and incorporated into the Criminal Code of theordinances of the city. STATE LAW REFERENCE — A.C.A. 14-55-501.

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7.04.02 State penalties adopted Each and every person who shall, within the corporatelimits of the city, violate any of the provisions of the laws into this ordinance incorporated andadopted shall on conviction thereof, be punished by tine or imprisonment or both as the case maybe, together with the costs of the proceedings of not less than the minimum nor more than themaximum penalty as prescribed by the corresponding state law in such cases make and providewhich penalty shall be enforced in the manner now prescribed by the law for the enforcementand collection of fines, forfeitures and penalties.

CHAPTER 7.06

PROHIBITED SUBSTANCES

Sections:

7.06.01 Definitions7.06.02 Selling7.06.03 Exception7.06.04 Unlawful7.06.05 Medical purposes7.06.06 Fine7.06.07 Superseded

7.06.01 Definitions As used in this ordinance, these terms are defined as follows:

Person means a person, any form of corporation, partnership, wholesaler or retailer.

Illegal smoking product includes any substance, whether called tobacco, herbs, incense,spice or any blend thereof, which includes any one or more of the following chemicals:

Salviadivinorum or salvinorum A: All parts of the plant presently classifiedbotanically as salvia divinorum, whether growing or not, the seeds thereof,any extract from any part of such plant, and every compound, manufacture,salts derivative, mixture or preparation of such plant, its seeds or extracts.

(6aR, 10aR)-9-(hydroxymethyl)-6, 6-dimethy1-3-(2-methyloctan-2-y1)-6a,7,10,10a-tetrahydrobenzo(c)chromen-l-01 ........Some trade or other names: 11U-210

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S-301-Penty1-3-(1-naphthoyl) indole .......Some trade or other names: JWH-018/spice

1-Butyl-3-(1-naphthoyl) indole .....Some trade or other names: JWH-073

N-BENZYLPIPERAZINE .........Some trade or other names: BZP

1-(3[triflouromethylphenylp piperazine.Some trade or other names: TFMPP

Or any similar substance which products are sometimes known as"K2" "Spice." (Ord. No. 2010-4, Sec. 1.)

7.06.02 Selling It is hereby declared to be unlawful for any person to knowingly possess,give, barter, sell, attempt to purchase or possess with the intent to sell any illegal smokingproduct within the city limits of the city of Lincoln, Arkansas. (Ord. No. 2010-4, Sec. 2.)

7.06.03 Exception It is not an offense under 7.06.02 of this ordinance if the personwas acting at the direction of an authorized agent of the city of Lincoln to enforce or ensurecompliance with this law prohibiting the sale of the aforementioned substance. (Ord. No.20104, Sec. 3.)

7.06.04 Unlawful It is unlawful for any person to knowingly breathe, inhale or drinkany compound, liquid or chemical listed within this ordinance, or a similar substance for thepurpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrationalbehavior, or in any manner, changing, distorting or disturbing the auditory, visual or mentalprocess. (Ord. No. 2010-4, Sec. 4.)

7.06.05 Medical purposes This ordinance does not apply to any person who commitsany act described in this ordinance pursuant to the direction or prescription of a licensedphysician or dentist authorized to direct or prescribe such act. This ordinance likewise doesnot apply to the inhalation of anesthesia for a medical purpose or dental purpose. (Ord. No.2010-4, Sec. 5.)

7.06.06 Fine Any person to be in violation of this ordinance will be guilty of amisdemeanor and subject to a fine of not less than One Hundred Dollars ($100.00) andnot to exceed Five Hundred Dollars ($500.00) for a first offense or up to double that sumfor each repetition of such offense. In the event the violation would also be punishable bystate law, a term of imprisonment consistent with the comparable state legislation may beimposed by the court. (Ord. No. 2010-4, Sec. 6.)

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S-307.08.05 Findings and purpose The City Council for the city, finds that special

circumstances exist within the city that call for special regulation of minors within the city inorder to protect them from each other and from other persons on the street during thenocturnal hours, to aid crime prevention, to promote parental supervision and authority overminors, and to decrease nocturnal crime rates. (Ord. No. 2000-13, Sec. 2.)

7.08.06 Definitions For purposes of this curfew ordinance, the following terms, andphrases, words, and their derivations shall have the meanings ascribed to them by this section:

City is the city of Lincoln, Arkansas.Emancipated minor means a minor who no longer has a parent-child relationship

as a result of being recognized as an adult by order of the court of competent jurisdiction.Legitimate parentally approved errand means a minor performing a necessary task

at the direction of the minor's parent, and the nonperformance of the errand, or delay ofperformance until after curfew hours have abated, would result in injury or undue hardship.

Minor is any unemancipated or unmarried person under the age of 18 years of age.Parent is any person having legal custody of a minor (i) as a natural parent, (ii) as

an adoptive parent, (iii) as a legal guardian, (iv) as a person to whom legal custody hasbeen given by order of the court.

Public places means a publicly or privately owned place to which the public orsubstantial number of people have access. A public place does not include the residenceof a minor, or the residence of a minor's parent, or a responsible adult.

Responsible adult means a person at least 21 years of age to whom a parenthas expressly given permission to accompany a minor. (Ord. No. 2000-13, Sec. 4.)

7.08.07 Curfew for minors

It shall be unlawful for any minor to be upon the street, sidewalk, parks,playgrounds, public places and vacant lots, or to ride in or upon, drive orotherwise operate or be a passenger in any automobile, bicycle, or othervehicle in, upon, over or through the streets, or other public places betweenthe following hours:

On Sunday through Thursday evenings from 11:00 p.m. through 5:00a.m. (six hours):

On Friday and Saturday evenings beginning at midnight through 5:00a.m. (five hours).

It shall be unlawful for any parent to permit a minor to be upon the streets,sidewalks, parks, playgrounds, public places and vacant lots, or to ride in or upon,drive or otherwise operate, a vehicle in, upon, over or through the streets, or other

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S-19Chapter 7.24

VOLATILE MATERIALS AND THE FIRE DEPARTMENT

Sections:

7.24.01 Restriction on keeping7.24.02 Volatiles never to be allowed to pass into drainage system7.24.03 Penalty7.24.04 Authorization7.24.05 Definition7.24.06 Rates, reimbursements, collection and records

7.24.01 Restriction on keeping. Gasoline, naphtha, benzine, and other like volatilecombustible or their compounds in excess of a total of five (5) gallons, exclusive of that in tanksof automobiles, in combustion engines, or in approved portable wheeled tanks in public garageseach not exceeding sixty (60) gallons capacity, shall not be kept within any building. Such totalof five (5) gallons or less shall be kept only in cans approved by the chief of the fire department.Any quantity in excess of five (5) gallons shall be kept only in a tank or tanks placed not lessthan two (2) feet beneath the surface of the ground or in an outside tank or tanks above groundand approved by the chief of the fire department located not less than fifty (50) feet from the lineof any adjoining property which may be built upon. The tank or tanks shall be adequately andproperly diked with a dike having capacity not less than equal in volume to that of the tank ortanks surrounded. No underground tanks shall be placed, constructed or maintained under astreet, public sidewalk or in a sidewalk area.

7.24.02 Volatiles never to be allowed to pass into drainage system. In no instance shallgasoline, naphtha, benzine and other like volatile combustibles or their compounds be allowedto run upon the floor or fall or pass into the drainage system of the remises. Self-closing metalcans shall be used for all oily waste or waste oils.

7.24.03 Penalty. Any person who shall violate or fail to comply with any provision ofthis chapter, or who shall violate or fail to comply with any order or regulation, shall upon con-viction, be punished by a fine not exceeding One Hundred ($100.00) Dollars. The imposition ofone (1) penalty for violation of this chapter shall not excuse the violator or permit it to continue;and all such persons shall be required to correct or remedy such violations or defects within areasonable time; and each day that any prohibited condition is maintained shall constitute aseparate offense. The application of said penalty shall not be held to prevent the enforcedremoval of any prohibited condition as provided by this chapter.

7.24.04 Authorization The Lincoln Fire Department is hereby authorized to respond tohazardous materials incidents inside the city of Lincoln, outside the city, for the benefit ofmembers of the Lincoln Rural Fire Association, and outside the city upon a call for assistance

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from another fire department within Washington county which is serviced by the NorthwestArkansas Regional Hazardous Materials Response Team. (Ord. No. 98-7, Sec. I.)

7.24.05 Definition As used in this ordinance "hazardous materials incident" shallmean any incident involving the release, spill, leak, or other undesirable accumulation of anysubstance for which a Material Safety Data sheet (MSDS) is required under Section 311 ofthe Emergency Planning and Community Right-To-Know Act of 1986 (Public Law 99-499).(Ord. No. 98-7, Sec. 2.)

7.24.06 Rates, reimbursements, collection and records

The Fire Department of the city of Lincoln is hereby authorized to bill and collectfrom recipients of services for all costs incurred by the Lincoln fire Department,responding to a hazardous materials incident, including but not Iiinited to:

A charge of $250.00 for the first hour and $100.00 for each additionalhour for each major piece of fire apparatus which responds to the incident,and

Any costs attendant to the use of volunteer personnel, including but notlimited to expenditures made by volunteers from personal funds, lost wagesincurred by the volunteer or cost of replacement personnel incurred by theiremployer, cost of insurance incurred by the department prorated to the timeexpended and other associated costs related to volunteers.

The replacement costs of all expendable equipment and supplies used bythe Lincoln fire Department in managing and mitigating the incidentincluding any equipment damaged or made unusable by contamination,and

All costs incurred by the Lincoln Department for any labor, materials, orsupplies provided by third parties at the request of the Lincoln FireDepartment, including but not limited to, the Northwest ArkansasRegional Hazardous Materials Emergency Response Team, localgovernment entities, business and industrial facilities, specialists,consultants, and any other costs necessary to manage and mitigate theincident.

The Fire Chief, or his designated representative shall collect charges due the cityfor the provision of hazardous materials incident services and shall:

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Prepare and issue statements for charges to persons, corporations,partnerships, or any other entities, who are provided hazardousmaterials incident services under this ordinance.

File suit to collect delinquent charges due within a reasonable timeafter the service is provided.

Maintain adequate records which shall contain the following information:

Date;Funds collected for services rendered;Accounts receivable;Unpaid charges;Such other information as may be required by officials of the cityof Lincoln; andDeliver all funds collected to the Recorder/Treasurer of hisdesignated agent. (Ord. No. 98-7, Sec. 3.)

S-30CHAPTER 7.28

OUTSIDE FIRE SERVICE

Sections:

7.28.01 Authority to dispatch7.28.02 Restrictions7.28.03 Cost of aid without mutual aid agreement7.28.04 Mutual aid agreement7.28.05 Payment of money collected

7.28.01 Authority to dispatch No Fire Department apparatus shall be taken beyondthe corporate limits of the city to assist of any fire or for any other purpose, except by orderof the mayor or Fire Chief or such other person as they may designate, and subject to therestrictions and conditions hereinafter set forth.

7.28.02 Restrictions The Mayor or Fire Chief or such other person as they may designateare authorized, in their discretion, to aid in the extinguishing of fires in another city, (or town),public institutions, corporation, or other properties within a reasonable distance from the city oron property immediately adjacent to the city in which there is a possibility of fire spreadingwithin the corporate limits, under the following conditions:

A request from a city or incorporated town for assistance must come only fromthe Mayor, Fire Chief or such other person as may be designated by mutualagreement.

Calls may be responded to only by such apparatus which in the judgment of theMayor or Fire Chief or such other person as they may designate can be safely sentwithout unduly impairing the fire protection within the city, and when highwaysand weather conditions are favorable.

The city, incorporated town, public institution, corporation, or individualrequesting assistance must pay the charge for apparatus and servicehereinafter provided unless there exists a mutual aid agreement.

The city, incorporated town, public institution, corporation or individual mustcompensate the city for any loss or damage to such apparatus while answeringsuch call, and be responsible to the members of the fire department of the cityfor any injuries suffered or incurred by them while responding to such callsand while working at such fire, unless otherwise covered by insurance. STATELAW REFERENCE-see A.C.A. 14-53-101. For statute relating to fire servicesoutside corporate limits, see A.C.A. 14-53-102.

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S-307.28.03 Cost of aid without mutual aid agreement Unless there exists a mutual aid

agreement, every municipality, institution, corporation or individual requesting andreceiving service of the Fire Department of the city, shall pay for such service and the useof apparatus as follows:

Pumper - $50.00, within 2 miles of station; $5.00 additional for each mile orfraction thereof.

Each person, city, firm or corporation receiving service of the Fire Department, unlessthere exists a mutual aid agreement, shall pay to the city for each fire driver a sum representingThree Dollars ($3.00) per hour or part thereof from the time the apparatus leaves the fire houseuntil it returns thereto, and as to each fireman helping at the fire, a sum representing ThreeDollars ($3.00) per hour or part thereof, from the time he reports until the time his service ends.The payments herein stipulated shall be made to the City Treasurer within fifteen (15) days afterdemand.

7.28.04 Mutual aid agreement The Mayor and Chief of the Fire Department, are herebyauthorized to enter into mutual aid agreements, with other municipalities, firms, corporations orindividuals, for the rendering of fire service, subject to the following conditions:

That the parties with whom such mutual aid agreements are entered into shallagree to indemnify the city against any or all loss, cost and damage which it maysuffer or sustain by reason of damage to any apparatus arising from any causewhatsoever while such apparatus is going to or from the scene of the fire orwhile at the scene of the fire. The duty to indemnify shall be performed withinfifteen (15) days after demand.

As to each fire driver injured while driving to or from the tire, or while at thescene of the fire, and as to each fireman helping at the fire, injured between thetime he reports to the foreman of his company and the time his service ends, theperson entering into such mutual aid agreements shall pay within fifteen (15)days after demand to the city a sum sufficient to cover the medical and hospitalexpenses by such injured driver or fireman.

7.28.05 Payment of money collected Money collected under the terms of Section 1.28.03of this chapter shall be paid to the respective fire drivers and firemen as to whom suchcollections were made, and in proportion to the amount of time applicable to them respectively.

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S-30CHAPTER 732

SUMMONS PROCEDURE

Sections:

7.32.01 Name7.32.02 Statement of purpose7.32.03 Application7.32.04 Definitions

7,32.05 Form7.32.06 Procedure7.32.07 Penalty

7.32.01 Name This ordinance shall be known and may be cited as theUniform Summons Procedure Ordinance. (Ord. No. 196, Sec. 1)

7.32.02 Statement of purpose It is hereby expressly declared by the City Council that theprocedures set forth herein shall not be construed as replacement of existing criminal procedures;but shall be supplemental only. The purpose of this ordinance is to provide a method for citingpersons for violations of municipal ordinances which is efficient to administer and moreconvenient for residents of the city. (Ord. No. 196, Sec. 2)

7.32.03 Application From and after the date of passage of this ordinance, any officeras defined herein, may, in addition to other methods and procedures relating to enforcementof municipal ordinances issue summons to persons in apparent violation of the penalprovisions of the various municipal ordinances. (Ord. No. 196, Sec. 3)

7.32.04 Definitions

Officer as defined herein shall mean any police officer employed by the city of Lincoln,or any other employee of the city of Lincoln whose duty it is to enforce the provisions of aparticular ordinance; provided, however, that no employee, other than a police officer, shall haveauthority to issue summons for violations of ordinances other than those within his specific scopeof authority. (Ord. No. 196, Sec. 4)

7.32.05 Form The summons to be used under the authority of this ordinance shall bepatterned generally after the Uniform Traffic Citation forms and shall state in clear, conciselanguage the number of the ordinance supposedly violated; the conduct which is deemed tohave constituted a violation; and the time, place and date on which the citation must beanswered and the signature of the officer delivering the summons. (Ord. No. 196, Sec. 5)

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S-307.32.06 Procedure

When an officer witnesses a violation of a municipal ordinance, and decides touse the summons procedure, he shall issue the original summons to the persondeemed to be in violation, shall retain a copy for himself and forward a copy tothe Clerk of the City Court, who shall schedule a hearing on the date set forth onthe summons.

When a person so summoned elects not to appear on the scheduled date, hemay post an appearance bond with the Court in an amount to be determinedby the Judge of the City Court. The appearance bond shall be forfeited if theperson shall fail to appear.

All persons so summoned who fail to post an appearance bond shall appearin City Court on the scheduled date. (Ord. No. 196, Sec. 6)

7.32.07 Penalty Any person, firm or corporation receiving a summons who shall fail toenter an appearance on the date set forth on the said summons shall be in violation of thisordinance and shall be deemed guilty of a misdemeanor and may be fined an amount not toexceed Twenty-Five Dollars ($25.00) for each violation hereof. (Ord. No. 196, Sec. 7)

CHAPTER 7.36

SOLICITING

Sections:

7.36.01 Restricted7.36.02 Penalty

7.36.01 Restricted The practice of entering in and upon the premises of privateresidences in the city of Lincoln, Arkansas, by solicitors, peddlers, hawkers and itinerantvendors, for the purpose of soliciting orders for the sale of goods, wares, merchandise orservices, and, or for the purpose of disposing of and, or, peddling or hawking the same, withoutfirst having been requested advised so to do by the owner or occupant of the premises, ishereby declared to be a nuisance and punishable as such nuisance as a misdemeanor. (Ord. No.138, Sec. 1)

7.36.02 Penalty Any person convicted of perpetrating a nuisance as prescribed andprohibited in the first section of this ordinance, shall be fined in a sum not less than TenDollars ($10.00) nor a sum not more than Twenty-Five Dollars ($25.00), together with thecost of proceedings. (Ord. No. 138, Sec. 2)

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CHAPTER 7.40

NOISE

Sections:

7.40.01 Restricted7.40.02 Acts considered noise7.40.03 Exception7.40.04 Penalty7.40.05 Permits

7.40.01 Restricted That from and after the passage of this ordinance, any unreasonablyloud, disturbing and unnecessary noise within the city limits of the city of Lincoln, Arkansas, isprohibited. The noise of such character, intensity or duration as to be detrimental to the life orhealth of any individual or in the disturbance of the public peace or welfare is prohibited. (Ord.No. 86-2, Sec. 1)

7.40.02 Acts considered noise The following acts, among others, are declared tobe loud, disturbing and unnecessary noises and noises in violation of this chapter, butthis enumeration shall not be deemed to be exclusive; namely:

The maintenance and operation of an outside loud speaker or public addresssystem transmitting music, advertising or speaking is prohibited except uponpermit issued by a person designated to so issue permits by the City Council; andnotwithstanding said permit, any such loud speaker or public address system shallnot be operated in such a manner or at such volume as to annoy or disturb thequiet, comfort or repose of persons in any office, hospital, dwelling house, hotel,tourist court or other type of residence, or of any person or persons in the vicinity.

The keeping of any animal, bird, fowl which by causing frequent or longcontinued noise shall disturb the comfort or repose of any person in the vicinity.

The playing of any radio, phonograph or any musical instrument in such a manner'or at such volume as to annoy or disturb the quite, comfort, or repose of persons inany office, hospital, dwelling house, hotel, tourist court, or other type of residence,or of any person in the vicinity.

The sounding of any horn or signal devise on any automobile, bus or other vehiclewhile not in motion, except as a danger signal if another vehicle is approachingapparently out of control, or if in motion only as a danger signal after or as brakesare being applied and deceleration of the vehicle is intended; the creation by meansof any such signal device of any unreasonably loud or harsh sound, and the

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Yelling, shouting, hooting, whistling or singing, or unnecessary use of noise-making devices on the public streets, part-time or place so as to annoy or disturbthe quiet, comfort or repose of persons in any office, hospital, dwelling house,hotel, tourist court, or other type of residence, or of any persons in the vicinity.

The creation of any excessive noise on any street adjacent to any school,institution of learning, church or court while the same are in session oradjacent to any hospital, which unreasonably interfered with the working ofthe sessions thereof.

The use of any drum, loud speaker, or other instrument or device for the purposeof attracting attention by the creation of noise to any performance, shows, sale ordisplay of merchandise shall by only by permit as set forth in Section (a) above,and shall be subject to the same limitations, violations and penalties as thereinprovided, and at no time shall the noise thereby created be in such a manner andsuch volume as to annoy or disturb the comfort or repose of persons in anyoffice, hospital, dwelling house, hotel, tourist court or other type of residence, orany persons in the vicinity. (Ord. No. 86-2, Sec. 2)

7.40.03 Exception None of the terms or prohibitions hereof shall apply to orbe enforced against:

Necessary warning signals given by police cars, fire trucks, voluntary firemenor licensed physicians while such persons are answering an emergency call.

The reasonable use of amplifiers or loud speakers in the course of publicaddresses which are non-commercial in nature. (Ord. No. 86-2, Sec. 3)

7.40.04 Penalty Any person, firm or corporation violating any of the provisions ofthis chapter shall be guilty of a misdemeanor, and upon conviction, shall be fined not lessthan Ten Dollars ($10.00) and not more than Fifty Dollars ($50.00) for each offense. (Ord.No. 86-2, See. 4)

7.40.05 Permits Permits for the operation, maintenance and use of amplifiers or loudspeakers as hereinabove set forth in Section 7.40.02 shall be issued for the said amplifiers,loud speakers or public address systems to he operated only between the hours of 8:00 a.m.and 8:00 p.m. daily. Permits will be issued for operations at other hours, such permits to bespecial permits and for special occasions. (Ord. No. 86-2, Sec. 5)

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S-25CHAPTER 7.44

FIREWORKS

Sections:

7.44.01 Fireworks banned7.44.02 Definitions7.44.03 Penalty

7.44.01 Fireworks banned. From and after the effective date hereof, it shall be unlawfulfor any person to sell, manufacture, trade, hypothecate or deliver to the city of Lincoln,Arkansas, any firecrackers, Roman candles or other fireworks. (Ord. No. 1989-5, Sec. 1)

7.44.02 Definitions. The term "fireworks" as used herein shall mean any explosivedevice utilizing a black powder base and an ignition system which tends to discharge a noiseand create any danger of fire. (Ord. No. 1989-5, Sec. 2)

7.44.03 Penalty. Any person found guilty of violating this ordinance shall be fined asum not to exceed One Hundred Dollars ($100.00) plus appropriate court costs. (Ord. No.1989-5, Sec. 3)

CHAPTER 7.48

LINCOLN MUNICIPAL LIBRARY

Sections:

7.48.01 Board of Trustees created7.48.02 Number and terms of Trustees7.48.03 Appointment7.48.04 Term length7.48.05 Fines or damages to books7.48.06 Penalty7.48.07 Tnterlocal Agreement

7.48.01 Board of Trustees created Pursuant to Act 402 of 1997, there is hereby created theLincoln Municipal Library Board of Trustees which shall have such duties, responsibilities andauthority as is set forth in that said act. (Ord. No. 98-10, Sec. 1.)

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7.48.02 Number and terms of Trustees The Board of Trustees shall consist of fivepersons and each shall be appointed to a term of five years. (Ord. No. 98-10, Sec. 2.)

7.48.03 Appointment Each Trustee shall be nominated by the Mayor and suchnomination shall be confirmed by the City Council before such trustee shall be competent toserve. (Ord. No. 98-10, Sec. 3.)

7.48.04 Term length Within thirty days of the appointment of the first board membersauthorized by this ordinance, it shall meet and elect a chairman and the five members shalldraw for length of term. Thereafter, the Mayor shall nominate and the City Council mustconfirm one member each year and each term shall expire on December 31 of each such year.(Ord. No. 9810, Sec. 4.)

7.48.05 Fines or damages to books

It shall be unlawful for any person or person to injure or fail to return to the PublicLibrary of the city of Lincoln, Arkansas, after written demand therefore mailed tothe last known property address of such person or persons, any book, periodical orproperty belonging to or held for lending by the library. Said written demand shallstate that demand is made pursuant to the authority contained in this ordinance andthat failure to return the book, periodical or property specified within ten (10) daysfrom the date shown on said written demand, shall be considered a violation of thisordinance resulting in prosecuting thereof;

Whether the damage, injured or missing book is owned by the Library Board,the city of Lincoln or the Washington County Library System, shall not be adefense to a prosecution under this ordinance. (Ord. No. 03-9, Sec. 1.)

7.48.06 Penalty Any persons violating the provisions of this ordinance shall, uponconviction of the same, be guilty of a misdemeanor and shall be fined in an amount not lessthan Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00). (Ord. No.03-9, Sec. 2.)

7.48.07 Interlocal A areement The city of Lincoln does hereby adopt and approvethe interlocal agreement attached hereto. (Ord. No. 04-18, Sec. 1.)

the above referred to entities agree to operate a joint county/city library

system. The governing body shall be the existing County Library Boar

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This agreement shall be deemed to be permanent in nature with the right ofany party to withdraw upon six (6) months written notice.

The County Library Board is given authority to provide such services to themembers as agreed upon and to distribute the County Library mill to eachmember in a manner deemed fair and proper by the board.

All property purchased by the County Library and placed with any other party tothis agreement shall remain property of the county and be identified as such. Anyinformation compiled using said property shall remain the party's property, forexample, databases. Said party shall be given a reasonable amount of time toretrieve said information. (Ord. No. 04-55, Sec. 1.)

CHAPTER 7.52

WATER USAGE IN EMERGENCY

Sections:

7.52.01 Designated official7.52.02 Measures to be taken7.52.03 Penalties

7.52.01. Designated official The head of the Water and Sewer Department, by whateverofficial title he or she may hereafter be called, but herein called the Superintendent, is herebyauthorized to impose immediate restrictions on the consumption of municipal water by usersboth inside and outside the Lincoln city limits. (Ord. No. 2006-14, Sec. 2.)

7.52.02 Measures to be taken The following measures may be implemented, when in thejudgment of the Superintendent, they are necessary to preserve the public health and fire safety:

Phase One

The Superintendent shall request through local media outlets, forvoluntary conservation, and recommend limiting recreational water use,pool filling, car washing, and limited outdoor watering to early morningor evening hours.

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Phase One may be implemented when the capacity of theBenton/Washington Regional Public Water Authority, henceforth knownas BWRPWA, water tank falls to a 25 foot tank level. Special emphasisshould be made that if voluntary efforts fail, mandatory restrictions mayfollow.

Phase Two

Phase two may be implemented when the capacity of the BWRPWAwater tank falls to a 20 foot tank level.

Watering of lawns, trees, gardens or shrubs will be limited to odd or evendays that coincide with the last digit of the user's address.' Water shall notbe used to wash driveways, sidewalks, outdoor structures, or equipment.Large water users should be put on notice that more severe limitations maybe forthcoming. Mandatory prohibitions of car washing, pool filling andresidential water use shall be imposed.

Phase Two should be implemented if Phase One fails to reduce waterusage. All media outlets shall be notified. City officials and policeshould be instructed when the Phase Two provisions are implemented.

Phase Three

Phase Three shall be implemented when the capacity of the BWRPWA,water tank falls to a 17.5 foot tank level.

Water shall be restricted to all residential car washing. Water shall berestricted to all lawn watering. Shrubs and trees may be watered, but onlyby hose on odd or even days and shall not be done in a wasteful manner,which causes water to overrun the site or area for which it was intended.

A statement will be forwarded to all media outlets, officials, fire andpolice personnel. The Fire Chief shall be personally contacted andrestricted from any practice, procedures, or testing which would drawwater from the system.

Phase Four

Phase Four shall be implemented when the capacity of the BWRPWAwater tank falls to a 15 foot tank level. It is essential to communicate

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directly to all commercial and agricultural users who are affected by thisimplementation. Notification shall be made to the Arkansas Departmentof Health. In addition all the other notification provisions of this policyshall be utilized.

Commercial and agricultural use shall be prioritized specifically in theSuperintendent's discretion. Medical use, household residential use,institutional use, water use necessary to sanitary conditions andcommercial use which is absolutely essential to those operations will begiven highest priority. Commercial water use, which is not vital to amanufacturing process, shall be restricted. Agricultural users shall benotified to find alternative sources.

Phase Five

Phase Five shall only be implemented if the capacity of the 13WRPWAwater tank falls to a 12.5 foot tank level. Phase Five is to be implementedin an emergency only.

All non-essential water use shall be restricted. Only water necessary toprovide fire protection or maintain human health shall be allowed. (Ord.No. 2006-14, Sec. 3.)

7.52.03 Penalties Any person found guilty of violating a restriction on use imposed bythe Superintendent during an emergency occasioned by a shortage of available water may befined an amount of not less than One Hundred Dollars ($100.00) nor more than One ThousandDollars ($1,000.00) for each such violation. (Ord. No. 2006-14, Sec. 4.)

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