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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 Arkansas make misdemeanors or violations is hereby prohibited within the corporate limits of the city and made unlawful under this ordinance.

The criminal laws of the state of Arkansas, as now existing and as hereafter may be provided, insofar as same may make any act, matter or thing a misdemeanor or violation, are hereby adopted and incorporated into the Criminal Code of the ordinances 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 corporate limits of the city, violate any of the provisions of the laws into this ordinance incorporated and adopted shall on conviction thereof, be punished by tine or imprisonment or both as the case may be, together with the costs of the proceedings of not less than the minimum nor more than the maximum penalty as prescribed by the corresponding state law in such cases make and provide which penalty shall be enforced in the manner now prescribed by the law for the enforcement and 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7.06.01 Definitions7.06.02 Selling7.06.03 Exception7.06.04 Unlawful7.06.05 Medical purposes7.06.06 Fine7.06.07 Superseded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 classified botanically 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 smoking product 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 person was acting at the direction of an authorized agent of the city of Lincoln to enforce or ensure compliance 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 drink any compound, liquid or chemical listed within this ordinance, or a similar substance for the purpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or in any manner, changing, distorting or disturbing the auditory, visual or mental process. (Ord. No. 2010-4, Sec. 4.)

7.06.05 Medical purposes This ordinance does not apply to any person who commits any act described in this ordinance pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. This ordinance likewise does not 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 a misdemeanor and subject to a fine of not less than One Hundred Dollars ($100.00) and not to exceed Five Hundred Dollars ($500.00) for a first offense or up to double that sum for each repetition of such offense. In the event the violation would also be punishable by state law, a term of imprisonment consistent with the comparable state legislation may be imposed by the court. (Ord. No. 2010-4, Sec. 6.)

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7.06.07 Superseded If the Arkansas Legislature adopts a statute enacting criminal penalties for the possession, sale or delivery of any illegal smoking product, as defined in this ordinance, then upon the effective date of such statute, this ordinance shall be superseded said statute. However, any violation of this ordinance occurring prior to the effective date of such a state statute may be prosecuted after the effective date of such a state statute. (Ord. No. 2010-4, Sec. 7.)

CHAPTER 7.08

CURFEW Sections:

7.08.01 Civil emergencies7.08.02 Congregating during state of emergency7.08.03 Penalty7.08.04 Curfew for minors ordinance7.08.05 Findings and purpose7.08.06 Definitions7.08.07 Curfew for minors7.08.08 Exceptions to curfew7.08.09 Penalties and law enforcement

7.08.01 Civil emergencies The Mayor, any time a condition has arisen or is imminent which in his judgment constitutes a civil disturbance, riot, insurrection or time of local disaster, may declare a state of emergency and impose a curfew for such time and for such areas as he deems necessary to meet such emergency. Provided, however, such curfew shall not extend for over a period of forty-eight (48) hours unless extended by a majority cote of the members of the governing body.

7.08.02 Congregating during state of emergency No person shall congregate, operate any businesses or be upon the streets or other public ways, unless on official business for the city or state, in any area or areas designated by the mayor as curfew areas in the city during the time of any declared emergency.

7.08.03 Penalty Any person violating any of the provisions of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not to exceed Five Hundred ($500.00) Dollars or confinement in jail for not more than one (1) year, or both.

7.08.04 Curfew for minors ordinance This shall be known as the Curfew for Minors Ordinance. (Ord. No. 2000-13, Sec. 1.)

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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 in order to protect them from each other and from other persons on the street during the nocturnal hours, to aid crime prevention, to promote parental supervision and authority over minors, 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, and phrases, 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 of performance 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 has been given by order of the court.

Public places means a publicly or privately owned place to which the public or substantial number of people have access. A public place does not include the residence of 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 parent has 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 or otherwise operate or be a passenger in any automobile, bicycle, or other vehicle in, upon, over or through the streets, or other public places between the following hours:

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

On Friday and Saturday evenings beginning at midnight through 5:00 a.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-23public places in violation of subsection 4 (A) above. The fact that a minor is in violation of the provisions of subsection 4 (A) hereinabove, without a defense as set forth in section 5 hereof shall create a rebuttable presumption that a parent is in violation of this subsection. (Ord. No. 00-13, Sec. 4.)

7.08.08 Penalties and law enforcement

A parent or minor found to be in violation of this article shall be subject to the penalties provided in section 1.32.01 of the Lincoln Municipal Code.

At the discretion of the law enforcement officer, any minor receiving a citation for violation of the minor curfew ordinance may be released to immediately return home, may be escorted to their home, or may be taken into custody and delivered to an appropriate juvenile authority to be held until a parent can be located to take custody of the minor.

Nothing in this section shall preclude a law enforcement officer from taking an or all appropriate actions for a minor's violation of any other local or state law. (Ord. No. 00-13, Sec. 6.)

7.08.09 L.M.C. et seq. not affected Lincoln Municipal Code 7.08 is specifically not affected by this ordinance. (Ord. No. 00-13, Sec. 7.)

CHAPTER 7.12

LOITERING

Sections:

7.12.01 Illegal7.12.02 Definitions7.12.03 Penalty

7.12.01 Illegal. It shall be unlawful for any person to loiter upon the sidewalks, streets, highways, alleys or other public places within the city.

7.12.02 Definitions.

A person commits the offense of loitering if he:

lingers, remains, or prowls in a public place or the premises of another without apparent reason and under circumstances that warrant alarm 100

S-23or concern for the safety of person or property in the vicinity, and upon inquiry by a law enforcement officer, refuses to identify himself and give, a reasonably credible account of his presence and purpose; or

lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student, and not having written permission from anyone authorized to grant the same; or

lingers or remains in a public place or on the premises of another for the purpose of begging; or

lingers or remains in a public place for the purpose of unlawfully gambling; or

lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity; or

lingers or remains in a public place for the purpose of unlawfully buyin distributing, or using a controlled substance; or

lingers or remains on or about the premises of another for the purpose of spying upon or invading the privacy of another.

Among the circumstances that may be considered in determining whether a person is loitering are that the person:

takes flight upon the appearance of a law enforcement officer; or refuses to identify himself; ormanifestly endeavors to conceal himself or any object.

Unless flight by the actor or other circumstances make it impracticable, a law enforcement officer shall, prior to an arrest for an offense under subsection 1(a) of this section, afford the actor an opportunity to dispel any alarm that would otherwise be warranted by requesting him to identify himself and explain his presence and conduct.

It shall be a defense to a prosecution under subsection 1(a) that the law enforcement officer did not afford the defendant an opportunity to identify himself and explain his presence and conduct, or if it appears at trial that an explanation given by the defendant to the officer was true, and if believed by the officer at that time, would have dispelled the alarm.STATE LAW REFERENCE A.C.A. 5-71-213 101

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7.12.03 Penalty As set out in Ark. Stat. 41-2914, loitering is a Class C misdemeanor punishable by a maximum fine of One Hundred ($100.00) Dollars.

CHAPTER 7.16 PROHIBITED WEAPONS

Sections: 7.16.01 Unlawful to carry, exchange

7.16.01 Unlawful to carry, exchange It shall be unlawful for any person to carry any knife, the blade of which is over three inches in length, or to carry any instrument commonly called a crabapple switch, dirk, dagger, pick or any other dangerous or deadly weapon within the city, and it shall further be unlawful for any firm or corporation to sell, barter, exchange or otherwise dispose of such knives, crabapple switches, dirks, daggers or picks, or instruments to be used for a weapon within the corporate limits of the city.

CHAPTER 7.20 CLAIMS AGAINST CITY

Sections: 7.20.01 Liability insurance7.20.02 Settlement of claims

7.20.01 Liability insurance The city shall carry liability insurance on all its motor vehicles in the minimum amounts prescribed in the Motor Vehicle Safety Responsibility Act. (A.C.A. 27-19-203, et seq.)

STATE LAW REFERENCE-see A.C.A. 21-9-303

7.20.02 Settlement of claims All persons having claims against the city may file them with the Recorder/Treasurer. The Recorder/ Treasurer shall present them to the council. The council may grant a hearing for the claimant and may authorize a settlement.

STATE LAW REFERENCE-see A.C.A. 21-9-302.

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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 volatile combustible or their compounds in excess of a total of five (5) gallons, exclusive of that in tanks of automobiles, in combustion engines, or in approved portable wheeled tanks in public garages each not exceeding sixty (60) gallons capacity, shall not be kept within any building. Such total of 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 less than two (2) feet beneath the surface of the ground or in an outside tank or tanks above ground and approved by the chief of the fire department located not less than fifty (50) feet from the line of any adjoining property which may be built upon. The tank or tanks shall be adequately and properly diked with a dike having capacity not less than equal in volume to that of the tank or tanks surrounded. No underground tanks shall be placed, constructed or maintained under a street, public sidewalk or in a sidewalk area.

7.24.02 Volatiles never to be allowed to pass into drainage system. In no instance shall gasoline, naphtha, benzine and other like volatile combustibles or their compounds be allowed to run upon the floor or fall or pass into the drainage system of the remises. Self-closing metal cans 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 of this 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 of one (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 a reasonable time; and each day that any prohibited condition is maintained shall constitute a separate offense. The application of said penalty shall not be held to prevent the enforced removal of any prohibited condition as provided by this chapter.

7.24.04 Authorization The Lincoln Fire Department is hereby authorized to respond to hazardous materials incidents inside the city of Lincoln, outside the city, for the benefit of members 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 Northwest Arkansas Regional Hazardous Materials Response Team. (Ord. No. 98-7, Sec. I.)

7.24.05 Definition As used in this ordinance "hazardous materials incident" shall mean any incident involving the release, spill, leak, or other undesirable accumulation of any substance for which a Material Safety Data sheet (MSDS) is required under Section 311 of the 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 collect from 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 additional hour for each major piece of fire apparatus which responds to the incident, and

Any costs attendant to the use of volunteer personnel, including but not limited to expenditures made by volunteers from personal funds, lost wages incurred by the volunteer or cost of replacement personnel incurred by their employer, cost of insurance incurred by the department prorated to the time expended and other associated costs related to volunteers.

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

All costs incurred by the Lincoln Department for any labor, materials, or supplies provided by third parties at the request of the Lincoln Fire Department, including but not limited to, the Northwest Arkansas Regional Hazardous Materials Emergency Response Team, local government entities, business and industrial facilities, specialists, consultants, and any other costs necessary to manage and mitigate the incident.

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 hazardous materials incident services under this ordinance.

File suit to collect delinquent charges due within a reasonable time after 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 beyond the corporate limits of the city to assist of any fire or for any other purpose, except by order of the mayor or Fire Chief or such other person as they may designate, and subject to the restrictions and conditions hereinafter set forth.

7.28.02 Restrictions The Mayor or Fire Chief or such other person as they may designate are 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 or on property immediately adjacent to the city in which there is a possibility of fire spreading within the corporate limits, under the following conditions:

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

Calls may be responded to only by such apparatus which in the judgment of the Mayor or Fire Chief or such other person as they may designate can be safely sent without unduly impairing the fire protection within the city, and when highways and weather conditions are favorable.

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

The city, incorporated town, public institution, corporation or individual must compensate the city for any loss or damage to such apparatus while answering such call, and be responsible to the members of the fire department of the city for any injuries suffered or incurred by them while responding to such calls and while working at such fire, unless otherwise covered by insurance. STATE LAW REFERENCE-see A.C.A. 14-53-101. For statute relating to fire services outside 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 and receiving service of the Fire Department of the city, shall pay for such service and the use of apparatus as follows:

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

Each person, city, firm or corporation receiving service of the Fire Department, unless there exists a mutual aid agreement, shall pay to the city for each fire driver a sum representing Three Dollars ($3.00) per hour or part thereof from the time the apparatus leaves the fire house until it returns thereto, and as to each fireman helping at the fire, a sum representing Three Dollars ($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 after demand.

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

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

As to each fire driver injured while driving to or from the tire, or while at the scene of the fire, and as to each fireman helping at the fire, injured between the time he reports to the foreman of his company and the time his service ends, the person 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 hospital expenses by such injured driver or fireman.

7.28.05 Payment of money collected Money collected under the terms of Section 1.28.03 of this chapter shall be paid to the respective fire drivers and firemen as to whom such collections 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 the Uniform Summons Procedure Ordinance. (Ord. No. 196, Sec. 1)

7.32.02 Statement of purpose It is hereby expressly declared by the City Council that the procedures 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 citing persons for violations of municipal ordinances which is efficient to administer and more convenient 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 officer as defined herein, may, in addition to other methods and procedures relating to enforcement of municipal ordinances issue summons to persons in apparent violation of the penal provisions 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 a particular ordinance; provided, however, that no employee, other than a police officer, shall have authority to issue summons for violations of ordinances other than those within his specific scope of authority. (Ord. No. 196, Sec. 4)

7.32.05 Form The summons to be used under the authority of this ordinance shall be patterned generally after the Uniform Traffic Citation forms and shall state in clear, concise language the number of the ordinance supposedly violated; the conduct which is deemed to have constituted a violation; and the time, place and date on which the citation must be answered 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 to use the summons procedure, he shall issue the original summons to the person deemed to be in violation, shall retain a copy for himself and forward a copy to the Clerk of the City Court, who shall schedule a hearing on the date set forth on the summons.

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

All persons so summoned who fail to post an appearance bond shall appear in 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 to enter an appearance on the date set forth on the said summons shall be in violation of this ordinance and shall be deemed guilty of a misdemeanor and may be fined an amount not to exceed 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 private residences in the city of Lincoln, Arkansas, by solicitors, peddlers, hawkers and itinerant vendors, for the purpose of soliciting orders for the sale of goods, wares, merchandise or services, and, or for the purpose of disposing of and, or, peddling or hawking the same, without first having been requested advised so to do by the owner or occupant of the premises, is hereby 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 and prohibited in the first section of this ordinance, shall be fined in a sum not less than Ten Dollars ($10.00) nor a sum not more than Twenty-Five Dollars ($25.00), together with the cost 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 unreasonably loud, disturbing and unnecessary noise within the city limits of the city of Lincoln, Arkansas, is prohibited. The noise of such character, intensity or duration as to be detrimental to the life or health 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 to be loud, disturbing and unnecessary noises and noises in violation of this chapter, but this enumeration shall not be deemed to be exclusive; namely:

The maintenance and operation of an outside loud speaker or public address system transmitting music, advertising or speaking is prohibited except upon permit issued by a person designated to so issue permits by the City Council; and notwithstanding said permit, any such loud speaker or public address system shall not be operated in such a manner or at such volume as to annoy or disturb the quiet, 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 long continued 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 in any 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 vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of 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 disturb the 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 or adjacent to any hospital, which unreasonably interfered with the working of the sessions thereof.

The use of any drum, loud speaker, or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, shows, sale or display 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 therein provided, and at no time shall the noise thereby created be in such a manner and such volume as to annoy or disturb the comfort or repose of persons in any office, hospital, dwelling house, hotel, tourist court or other type of residence, or any persons in the vicinity. (Ord. No. 86-2, Sec. 2)

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

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

The reasonable use of amplifiers or loud speakers in the course of public addresses 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 of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than 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 loud speakers 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 be special 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 unlawful for 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 explosive device utilizing a black powder base and an ignition system which tends to discharge a noise and 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 a sum 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 the Lincoln Municipal Library Board of Trustees which shall have such duties, responsibilities and authority 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 five persons 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 such nomination shall be confirmed by the City Council before such trustee shall be competent to serve. (Ord. No. 98-10, Sec. 3.)

7.48.04 Term length Within thirty days of the appointment of the first board members authorized by this ordinance, it shall meet and elect a chairman and the five members shall draw for length of term. Thereafter, the Mayor shall nominate and the City Council must confirm 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 Public Library of the city of Lincoln, Arkansas, after written demand therefore mailed to the last known property address of such person or persons, any book, periodical or property belonging to or held for lending by the library. Said written demand shall state that demand is made pursuant to the authority contained in this ordinance and that failure to return the book, periodical or property specified within ten (10) days from the date shown on said written demand, shall be considered a violation of this ordinance 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 a defense 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, upon conviction of the same, be guilty of a misdemeanor and shall be fined in an amount not less than 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 approve the 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 of any party to withdraw upon six (6) months written notice.

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

All property purchased by the County Library and placed with any other party to this agreement shall remain property of the county and be identified as such. Any information compiled using said property shall remain the party's property, for example, databases. Said party shall be given a reasonable amount of time to retrieve 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 whatever official title he or she may hereafter be called, but herein called the Superintendent, is hereby authorized to impose immediate restrictions on the consumption of municipal water by users both 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 the judgment of the Superintendent, they are necessary to preserve the public health and fire safety:

Phase One

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

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

Phase Two

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

Watering of lawns, trees, gardens or shrubs will be limited to odd or even days that coincide with the last digit of the user's address.' Water shall not be used to wash driveways, sidewalks, outdoor structures, or equipment. Large water users should be put on notice that more severe limitations may be forthcoming. Mandatory prohibitions of car washing, pool filling and residential water use shall be imposed.

Phase Two should be implemented if Phase One fails to reduce water usage. All media outlets shall be notified. City officials and police should 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 be restricted to all lawn watering. Shrubs and trees may be watered, but only by 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 and police personnel. The Fire Chief shall be personally contacted and restricted from any practice, procedures, or testing which would draw water from the system.

Phase Four

Phase Four shall be implemented when the capacity of the BWRPWA water 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 this implementation. Notification shall be made to the Arkansas Department of Health. In addition all the other notification provisions of this policy shall be utilized.

Commercial and agricultural use shall be prioritized specifically in the Superintendent's discretion. Medical use, household residential use, institutional use, water use necessary to sanitary conditions and commercial use which is absolutely essential to those operations will be given highest priority. Commercial water use, which is not vital to a manufacturing process, shall be restricted. Agricultural users shall be notified to find alternative sources.

Phase Five

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

All non-essential water use shall be restricted. Only water necessary to provide 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 by the Superintendent during an emergency occasioned by a shortage of available water may be fined an amount of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each such violation. (Ord. No. 2006-14, Sec. 4.)

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