City Council

City Council of Jacksonville, Arkansas AGENDA Regular City Council Meeting February 18, 2016 7:00 p.m. 1. OPENING PRAYER: PAGE 2. ROLL CALL: 3. PRESENTATION OF Regular City Council Meeting MINUTES: February 4,2016 (available at meeting) 4. APPROVALS AND/OR Regular City Council Meeting CORRECTION OF MINUTES: January 21,2016 5. CONSENT AGENDA: Police Department: Regular Monthly ReporVJanuary Police Chief Kenny Boyd Fire Department: Regular Monthly ReporVJanuary Fire Chief Alan Laughy Animal Control Department: Regular Monthly ReporVJanuary Public Works Director Jim Oakley 6. WATER DEPARTMENT: ORDINANCE 1544 (#04-2015) Amending JMC § 13.16.016 (pass through charges) regarding water rates (Alderman Traylor) 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: RESOLLITION 739 (#05-2016) Expressing willingness to utilize Federal Aid monies for participation in the 2016 Transportation Alternatives Program (Mayor Fletcher) 8-9 11. SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION: 14. GENERAL: SECOND READING as AMENDED ORDINANCE 1536 (#16-2015) Amending JMC 5 5.04 providing modification of the City's business privilege license requirements (Aldermen Bolden and Traylor) 15. APPOINTMENTS: 16. ANNOUNCEMENTS: ADJOURNMENT  JACKSONVILLE POUCE DEPARTMENT MONTHLY REPORT JANUARY 2016 - - ~ ~~ A R s w =E!aE&' ~ .. _DRUG1 NARCOTICARREST i 4770 ! 4322  JACKSONVILLE POLICE DEPARTMENT COURAGE * INTEGRITY * PROFESSlONAISM P o l h Ch~ef Im Marshall Rmd Icsnny U Boyd /acksonvlll% Arkansas 72076 501-982-0688 To: Chief Boyd From: Code Enforcement Please find below the Monthly Recap Report for the Code Enforcement Dept for the Month of Jan-16 Assigned Calls 108 Self lnltiated Calls 558 Follow Ups Meetings/Court Hearings Attended Warnings issued rickets Issued Notices / Letters Written Vehicles Tagged Vehicles Towed Lots Posted Signs Removed Trash Cans Tagged Basketball Goals Structures Inspected 0 Rentals Inspected Properties Red Tagged Search Warrants Sewed 0 Structures Rehabbed 0 Structures Condemned Houses Demo by C i t y Houses Demo by Owner Parking Violations Grass Letters Grass Mowed 0  900 X. Redmond Rd. Jacksonville,AR. 72076 FIRE & RESCUE SERVICES (501)982-5048 E'ax 982-0579 Alan Laughy, Chief PRIDE of the City! 12 February 2016 Honorable Gary Fletcher Members of the Council City of Jacksonville Gentlemen & Ladies: I respectfully submit a report of Emergency Response Activity for the month of January 2016. National Emernencv Medical Service Information Svstem (NEMSIS) Ambulance Responses classified as: Transported Runs 224 Non-Transported Runs 81 National Fire lncident Rewrtina Svstem lNFlRa Estimated fire loss for the month: $0 Savings total for the month: $0 Rescue (272) Fire (4) Rescue, EMS Call, other (47) Structure Fire (1) Medical Assist (20) Outside Rubbish Fire (3) EMS lncident (204) Extrication, rescue (1) Hazardous Condition, No Fire (11) Combustible/Flammable Spills/Leaks (4) Service Cali (28) ElectricalWirlng/Equip Problem (3) Person in Distress (3) Accident, Potential Accident (4) Water Problem (1) Smoke, Odor Problem (1) Good Intent Call (12) Public Service Assistance (12) Good Intent Call, other (3) Unauthorized Burning (11) Dispatched and Canceled En Route (8) Steam, Gas Mistaken for Smoke (I) False Alarm (15) System or Detector Malfunction (1) Special lncident Type (1) Unintentional System/Detector (14) Citizen Complaint (1) Respectfully, Alan Laughy, Chief Jacksonville Fire & Rescue Services  Jacksonville Animal Shelter January 2016 Bite Cases DECLARED OWNER1 OWNER1 FAMILY1 MEDICAL RABIES VICIOUS1 DATE 1 BREED NAME ADDRESS OTHER CARE VAC. CITY TAG DANGEROUS ACTION TAKEN1 COMMENTS Sandy was petting the dog.The dog turned around and bit her 4- 01/02/16 DOG Terrier Mix Myra Bauer 1226 Commons Dr Visitor : Sandy Smith YES YES NO NO on the lower 11p.Thedog was in quarantine for 10 days. The dog was laying on the floor .The son got up from the couch Ol106ll6 / DOG Husky Stephen Gray 704 N Hospital Dr Son: Gray Eli NO YES YES NO and the dog turned around and bit him in the face.The dog was in quarantine for 10 days.  CITY OF JACKSONVILLE ANIMAL SHELTER MONTHLY REPORT REPORTING PERIOD: January-16  ORDINANCE NO. 1544 (#04 - 2016) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 13.16.016 (PASS THROUGH CHARGES) REGARDING WATER RATES; AND, FOR OTHER PURPOSES. WHEREAS when JMC £j 13.16.016 was enacted in 2009, no one anticipated the number of Pass Through Charges assessed by Central Arkansas Water (CAW) and other water providers of Jacksonville Water Works. Given the recent imposition of CAW'S 2016 Pass Through Charge and planned similar increases to be assessed over the next several years, the City Council deems it appropriate to amend JMC j E 13.16.016 so that such proposed increase(s) in water rates can be studied and determined appropriate by the City Council should they exceed certain amounts. NOW, THEREFORE, BE I T ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE,ARMNSAS, THAE SECTION ONE: JMC £j13.16.016 (Pass Through Charges) is hereby amended as follows: Any increase in rates by Central Arkansas Water (CAW) or any other authorized water provider adversely affects Jacksonville Water Works' (JWW) ability to provide potable water service to its customers at existing charge(s), fee(s), and rate(s). Accordingly, increase in rates by CAW and/or any other authorized water provider shall be automatically passed through to the customers of the Jacksonville Water Works after review and approval of the Jacksonville Water Commission. However, said increase(s) shall be limited to One (1) per calendar year, and any such increase(s) cannot exceed more than Two Percent (2%) of the existing rate currently being charged JWW customers as set forth and approved by the Jacksonville City Council. Customer rates adjusted for pass through increase(s) will orrly be adjusted by the proportional percentage necessary to provide sufficient income to cover the costs of the increase in charge(s), fee(s), and/or rate(s) from CAW and/or any other authorized water provider. SECTION TWO: All Ordinances, specifically including Ordinance No. 1368 (#11-2009), Resolutions, and/or Code provisions thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION THREE: This Ordinance shall take effect and be in force from and after its date of passage, as subject to and mandated by applicable law. Ordinance No. 1544 (#04-2016) Page Two APPROVED AND ADOPTED THIS DA Y OF FEBRUARY, 2016. CITY OFJACKSONVILLE,ARM NSAS By: GARY FLETCHER, MA YOR SUSAN L. DA V m , CITY CLERK APPROVED AS TO FORM: ROBERT E BAMBURG, CITY ATTORNEY  RESOLUTION NO. 739 (#05 - 2016) A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE, ARK4 NSAS, TO UTILIZE FEDERAL AID MONIES FOR PARTICIPATION I N AND UTILIZATION OF THE 2016 TRANSPORTATION ALTERNATIVES PROGRAM PROJECT FUNDS; AND, FOR OTHER PURPOSES. WHEREAS, the City of Jacksonville, Arkansas, in application for 2016 funding through the Arkansas Transportation Alternatives Program (TAPS) to develop or improve safe routes to schools, understands that Federal Aid Funds are available for this Project on a reimbi~rsablebasis at the rate of Eighty Percent (80%) federal participation to Twenty Percent (20%) local match, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement; WHEREAS, the Jacksonville City Council understands that there will be no reimbursement for any work accomplished prior to the issuance by the Arkansas State Highway and Transportation Department of an official Notice to Proceed, and; WHEREAS, this Project, using federal funding, will be open and available for use by the general public and maintained by the City of Jacksonville, Arkansas, for the life of the Project. NOW, THEREFORE, BE I T RESOLVED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARM NSAS, THAT= SECTION ONE: The City Council of the City of Jacksonville, Arkansas, will participate in the 2016 Transportation Alternatives Program (TAPS) in accordance with its designated responsibility, including maintenance of this Project. The 2016 Project will provide sidewalks and/or bicycle paths along Hwy. 294 (Military Road), Loop Road, Stonewall Drive, Oneida Drive, and Northlake Drive. SE-ION TWO= The Mayor and City Clerk are hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of the above stated Project as outlined above and as required by any specific grant terms. Reso/ution No. 739 (#US- 2016) Page Two SECTION THREE: The City Council pledges its full support and hereby authorizes the City of Jacksonville to cooperate with the Arkansas State Highway and Transportation Department to initiate action to implement this Project. SECTION FOUR: Any other Resolutions in conflict herewith are hereby repealed to the extent of said conflict. This Resolution shall be in effect from and after its date of passage. APPROVED AND ADOPTED THIS DAY OF FEBRUARY, 2016. CITY OF JACKSONVIf 16 ARKANSAS GARY FLEXHE& MA YOR SUSAN DA V I n , C IW Cf ERK APPROVED AS TO FORM: ROBERT E BAMMRG, CIW-A ~ORNEY  ORDINANCENO, 1536(#I 6 2015) - AN ORDINANCEAMENDINGJMCS5.04. TOPROVIDE MODIFICA TION OF THE CITY'S BUSINESS PRIVILEGE LICENSE REQUIREMENTS; AND, FOR OTHER PURPOSES. WHEREAS,the City's Privilege License Schedule has not been modified since 1974, has become outdated, and does not address the needs of the City for those local businesses, corporations, entities, individuals, arid professionals who wish to operate within the City; and, WHERBS, after many meetings and discussion, the City Council's Committee prepared the following modifications and revisions to the City's Business Privilege License Program for review and consideration. The Comrnittee recommends that the City Council adopt such modifications after hosting a Public Hearing regarding the matter. NOW, THEREFORE BE I T ORDAINED AND ENACTED BY THE CIZY COUNCIL OF THE CI7Y OF JACKSONVILLE, ARMNSAS, THAT: SEOION ONE 3MC 5 5.04.010 (LICENSE PAYMENT REQUIRED) is hereby amended and modified to read as follows: It is unlawful for any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorshipto begin, commence, conduct, or engage in any business activity within the City for which a Business Privilege License is required under the terms of this Code without first obtaining a License and tendering payment of the appropriate amount due. SECT.ION TWO: :IMC 5 5.04.020 (LICENSE COVERAGE PERIOD) is hereby amended and modified to read as follows: All license issued under this Chapter shall be valid for the calendar year in which said license is issued. However, any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorshipopening subsequent to July lSt of any calendar year shall only pay a monthly pro-rated amount of the annual Business Privilege License amount for the remainder of that calendar year. SECTION THREE: JMC fj5.04.030 (SEPARATE LICENSE ISSUANCE REQUIREMENTS) is hereby amended and modified to read as follows: ORDINANCE NO. 1536 (#16-2015) Page Two For any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship with multiple physical addresses and/or business(es) operations within the City, a separate Business Privilege License shall be required for each such separate business/business location. SECTION FOUR JMC 5 5.04.040 (LICENSE ISSUAIVCE AlVD REQUIRED INFORMATION) is hereby amended and modified to read as follows: Upon receipt of the appropriate annual payment of a Privilege License Tax and satisfaction of all requirements and applicable Code/legal provisions, it is the duty of the City to issue an annual Privilege License for every business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship seeking such. On said License and/or Application shall be the name of the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship to whom the License is issued, the activity, business, f~~nction, profession, and/or service to be provided, the address and location for which the License is issued, and the appropriate contact information (address(es), email, telephone(s), etc.) for a designated representative(s) of the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship licensed. SECTION FIVE: JMC 5 5.04.060 (LICENSE ISSUANCE AND NOIV- TRANSFERABILITY) is hereby amended and modified to read as follows: Any License issued hereunder is neither non-transferable nor assignable. Upon the sale, merger, or transfer of ownership of a business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship, a new owner must register and apply for a new Business Privilege License within Thirty (30) days of the date of transfer and/or re-opening of the business. SECTION SIX: llYC 5 5.04.070 (PRIVILEGE LICENSE DUE DATE AND DELINQUENCY PENALTLES) is hereby amended and modified to read as follows: ORDINANCE NO. 1536 (#16-2015) Page Three A) All business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship operating within the City of Jacksonville shall pay in advance on January lStof every year for his/her/its annual Business Privilege License. Failure to pay in full any balances due the City no later than February lStof each year will be classified as delinquent payments and subject to an Administrative Penalty Fee of Fifty Dollars ($50.00) per delinquent License. B) Any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship subject to payment requirements of this Code shall, upon request by the City/Cityfs agent(s), make available their accounting and business records for review by the City for substantiation of anlounts due under the provisions of this Code. SECTION SEVEN= JMC 5 5.04.080 (PENALTY) is hereby revoked and replaced with JMC fj 5.04.150 (ENFORCEMENT AND PENALTIES). SECTION EIGHT: :IMC €j 5.04.080 (EXEMPTIONS FROM PRIVILEGE LICENSE PAYMENTS AND REQUIREIVIENTS) is hereby created and modified to read as follows: (A) Those charitable, non-profit, and/or religious corporations, entities, and organizations fully recognized and/or registered as such with the appropriate State and Federal Agencies are hereby exempt from the payment of a Privilege License as long as the business activity(ies) islare directly related to the primary purpose(s) of their charitable and/or religious organization. Solicitation activity(ies) associated with said charitable, non-profit, and/or religious organizations within the City are, however, subject to registration with the City prior to enactment of any solicitation activity(ies); (8)A business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship granted an exemption under State and/or Federal law from local Privilege License Payments shall be exempt from payment, but shall be required to register with the City for each year in which said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship conducts business activity within the City; and, (C) No individual under the age of Eighteen (18) years of age shall be required to register or obtain a business license. ORDINANCE NO. 1536 (#I 6-2015) Page Four SECTION NINE: JMC 5.04.090 (STATE LICENSURE REQUIREMENTS) is hereby created and modified to read as follows: No City of Jacksonville Privilege Business License shall be issued to any business, corporation, entity, individual, partnership, and/or professional who is required to hold a valid State and/or Federal License or Certificate until said State and/or Federal License/Certificate has been issued. Should said State and/or Federal License/Certificate expire, be revoked, or be withdrawn, temporarily or permanently, said business, corporation, entity, individual, partnership, and/or professional shall concurrently lose their City Privilege Business License as well and remain ineligible for such until the State and/or Federal License/Certificate is reinstated. SECTION TEN.. JMC 5 5.04.100 (BUSINESS PRIVILEGE LICENSE SCHEDULE) is hereby amended and modified to read as follows: (A) Pursuant to the determination that conducting a business operation within the City is a privilege, the following annual Business Privilege License Schedule is set forth: 1) Alcohol Sales - Hospitality, Private Clubs, Bars, Restaurants, Retail, &/or Wholesale 0 - 2000 Square Feet $ 500.00 2001 - 3000 Square Feet $ 525.00 3001 - 4000 Square Feet $ 550.00 4001 - 5000 Square Feet $ 575.00 5001 - 6000 Square Feet $ 600.00 6001 - 9,999 Square Feet $ 700.00 10,000 Square Feet & above $ 825.00 + $0.025 cents per square foot above 10,000 SF ORDINANCE NO. 1536 (#16-2015) Page Five 2) Bakeries & Restaurants (No Alcohol Sales) 0 - 2000 Square Feet $ 100.00 2001 - 3000 Square Feet $ 125.00 3001 - 4000 Square Feet $ 150.00 4001 - 5000 Square Feet $ 175.00 5001 - 6000 Square Feet $ 200.00 6001 - 9,999 Square Feet $ 300.00 10,000 Square Feet & above $ 425.00 + $0.025 cents per square foot above 10,000 SF 3) Banks (Per Location) $ 400.00 4) Beauty Salons, Barber Shops, & Nail Salons $ 100.00 + $10.00 per booth 5) Billboards - Poster or B~~lletin (Per Face) $ 100.00 6) Business/Retail, Hospitals, Nursing/Care Facilities, Sales, Flea Markets, Antiques, Pawn Shops, & Consignments 0 - 2000 Square Feet $ 100.00 2001 - 3000 Square Feet $ 125.00 3001 - 4000 Square Feet $ 150.00 4001 - 5000 Square Feet $ 175.00 5001 - 6000 Square Feet $ 200.00 6001 - 9,999 Square Feet $ 300.00 10,000 Square Feet & above $ 425.00 + $0.025 cents per square foot above 10,000 SF 7) Contractor(s) and Specialty Trade(s) $ 100.00 8) Daycare Centers $ 75.00 + $1.00 per child (DHS maximum) 9) Funeral Homes $ 300.00 10)Home Based Business(es) $ 100.00 1l)Hotels/Motels $ 200.00 + $2.00 per room 12)Landfills/Waste Facilities $ 500.00 + $ 0.03 per ton collected ORDINANCE NO. 1536 (#I 6-2015) Page Six 13) Licensed Professionals $ 150.00 (Includes, but is not limited to, Appraisers, Acco~.~ntants,Architects, Attorneys, Auditors, Chiropractors, Dentists, Engineers, Optometrist, Opticians, Physicians, Psychologists, and Veterinarians) 14) Non - Licensed Professionals $ 75.00 (Includes, but is not limited to, unlicensed Accountants, Tax Preparation Services, and other such business professionals) 15) Lumber / Hardware 0 - 50,000 Square Feet $ 500.00 50,001 - 99,999 Square Feet $1,000.00 100,000 Square Feet & above $1,500.00 + $0.025 cents per square foot above 100,000 SF 16) Manufacturing/Production & Warehousing Less than 50 Employees $ 500.00 50 - 100 Employees $ 625.00 101 Employees or above $ 750.00 17) Mobile Food Vendors (No Alcohol Sales) $ 50.00 18) Mobile Home Parks $ 100.00 + $40.00 per acre in Park 17) Motor Vehicles (including ATVs, autos, boats, cars, motorcycles, mowers, RV's, & trucks) Automatic & Self Service Car Wash $ 100.00 Detail Service Providers $ 100.00 Dealers - New $ 750.00 Dealers - Used $ 250.00 Gas Stations/Convenience Stores $ 200.00 + $15.00 per PI-~mpingstation Paint & Body Shop $ 150.00 Parts Supply (Retail & Wholesale) $ 150.00 Repair Shop $ 150.00 Repair / Tire Shop $ 200.00 Salvage $ 300.00 + $10.00 per acre Towing Services/Wreckers $ 200.00 Transportation Services $ 100.00 + $25.00 per vehicle ORDINANCE NO. 1536 (#16-2015) Page Seven 18) Real Estate SalesjManagement $ 100.00 + $50.00 per licensed Agent and $75.00 per licensed Broker 19) Vending Kiosks/lYachine Operators $ 50.00 SECTION ELEVEN= JMC 5 5.04.110 (BUSINESS(ES), ENTIlY(IES), & INDIVIDUAL(S) NOT COVERED BY SCHEDULE) is hereby amended and modified to read as follows: Any other business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship not covered by the above listed schedule shall pay One Hundred Dollars ($100.00) annually for a Privilege Business License. SECTION ZWEL VE: JMC 5 5.04.120 (COMMERCIAL WASTE HAULERS AND LANDFILLS) is hereby created and modified to read as follows: A) Any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship licensed as a commercial hauler of garbage, refuse, trash, and/or waste operating and/or providing said services with the City lirnits shall be issued or hold a current and valid Business Privilege License and assessed Seven Dollars ($7.00) per dumpster/collection unit per month for unit(s) located within the City. Said assessments shall be paid through the City Clerk's Office on or before the Fifteenth (15~~) day of each month for the number of dumpsters/collection units located within the City as of the First (lSt)day of the previous month, together with a Report. Should the Report Form and payment not be received on or before the Fifteenth (15~~) day of the month, an Administrative Fee shall be assessed of no less than Ten Percent (1O0/o) against the License Holder. B) Any licensed commercial landfill and/or solid waste facility shall report their collection of waste on a quarterly basis as reported to the County and State entities no later than the Fifteenth (15~~) day of the nionth following each quarter, together with a Report and payment of the fees assessed per Paragraph 12 of JMC 5.04.100(A). Should the Report Form and payment not be received on or before the Fifteenth (15~~) day of the month, an Administrative Fee shall be assessed of no less than Ten Percent (10%) against the License Holder. ORDINANCE NO. 1536 (#I 6-2015) Page Eight SEtXION THIRTEEN: JMC tj 5.04.130 (FALSE INFORMATION AND STATEMENTS) is hereby amended and modified to read as follows: It is unlawful for anyone to make and/or provide any false information and/or statements in application of or submission for a business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship's Business Privilege License or its reports provided to the City. SEC+ION FOURTEEN: JMC fj5.04.140 (SUSPENSION AND WOCATION OF BUSINESS PRIVILEGE LICENSE) is hereby created and modified to read the following: 1 Ifany business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship shall a d to operate his/her/its/their business in such a way as to create a fraudulent, unhealthy, unlawful, unreasonable, unsanitary, or unsafe circumstance(s) or condition(s), be delinquent in submission of any and all payment(s) obligated under this Code or any other City, County, State, or Federal taxes or required fees, has had his/her/its/their local, state, or federal license suspended or revoked, or has conducted its business operations so as to warrant such, the City can suspend and/or revoke said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship's Business Privilege License; 2) Should the City have reason to believe that grounds exist to justify the revocation or suspension of a Business Privilege License, a letter shall be mailed by First Class Mail through the U.S. Postal Service to the Business Mailing Address on file with the City of the affected License Holder. Said letter shall notify the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship of the grounds for revocation or suspension and the date and location of a Hearing regarding said matter within Ten (10) business days. Said letter shall also be emailed if a current email address for said License Holder has been provided to the City; 3) The Director of Administration shall conduct the Hearing, shall receive evidence and information from City employees or others about the grounds for revocation or suspension of the Business Privilege License, then shall allow the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship an opportunity to ORDINANCE NO. 1536(#I 6-2015) Page Nine 1 present evidence and information to rebut any allegations so as to support why the Business Privilege License should not be revoked or suspended; and, 2) After such a hearing, the Director of Administration shall, solely within hislher judgment, issue a written Ruling within Ten (10) Business days. I n said R~~ling,the Director shall have the following options: (a) uphold the City's revocation or suspension of the license; (b) reinstate said Business Privilege License; (c) modify said suspension period for no more than Ninety (90) days; (d) place said Business Privilege License on probationary status for no more than Ninety (90) days to allow the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship to remedy the violation(s); (e) direct that a citation be issued by the City's Code Enforcement Office for said violation(s); (f) issue a directive for Code Enforcement to issue a Cease & Desist Order for said Business License; (g) issue a directive to withhold any and all City services, including sanitation, wastewater, and water services, to the License Holder's business location(s); and/or, (i) issue a directive of any combination of the above so as to protect the citizens from any ~~nethical, unscrupulous, unhealthy, unsafe, and/or unsanitary business practice(s) by the License Holder. 3) Should any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship whose Business Privilege License has been revoked or suspended by the City disagree, the decision of the Director of Administration shall be appealed to the Pulaski County Circuit Court and/or a court of competent jurisdiction within Thirty (30) days of the date of the Director of Administration's written ruling. SEmION FIITEEN: :IMC 5 5.04.150 (ENFORCEMENT AND PEIVALTIS) is hereby created and modified to read as follows: It is hereby declared an offense for any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship conducting such within the City of Jacksonville to fail to and/or refuse to comply with any of the provisions of this Code. I f such occurs, Code Enforcement shall issue a citation to the License Holder and present such to the Jacksonville District Court for adjudication. Upon conviction of said offense, a License Holder shall be ORDINANCE NO, 2536 (#I 6-2025) Page Ten fined no less than Two Hundred Dollars ($200.00) and no more than Five Hundred Dollars ($500.00) for an offense, together with applicable C o ~ ~ r t Costs. Each day said License Holder is/was in violation of the terms of this Code shall constitute a separate offense. SECTIONSIXTEEN: JMC tj 5.04.155 (PERIODS OF OPERATIOIV) is hereby created and modified to read as follows: (A) Should any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship conducting such within the City of Jacksonville no longer remain open and/or conduct business for a period more than Forty-five (45) days and which has not received a Permit to do so from the City, any Privilege License issued to said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship shall expire. Ifsuch a circumstance is created, said business, corporation, entity, individual, institution, partnership, professional, and/or sole propl-ietorshipwill be required to obtain a new Privilege License and satisfy any and all other applicable Code provisions. (B) Exceptions to the provisions of Sub-section (a) above shall be granted for those business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship conducting such within the City of Jacksonville that are seasonal in nature. Examples are, but are not limited to, fresh produce sales, holiday events and sales, grounds maintenance services, and other event-based or seasonal-based business activities. SECTIONSEVENTEEN: JIYC g 5.04.160 (CEASE & DESIST ORDERS) is hereby created and modified to read as follows: I n the event any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship fails to comply with the provisions of this Code and/or any other provision of local, state, or federal law, upon directive of the Mayor, Chief of Police, and/or the Director of Administration, Code Enforcement shall issue a Cease & Desist Order for said Business License and post such on the primary entrance to said business operation and forward one to the License Holder by U.S. Postal Service through the mailing address on file with the City and through a valid email address should one be provided to the City. From the point of posting said Order forward, should type of business activity take place at the business location upon which said Order is posted, Code Enforcement shall issue a citation to said License Holder for violation of this ORDINANCE NO. 1536 (#16-2015) Page Eleven provision, with adjudication and punishment in accordance with JMC 5 5.04.150. Every separate business transaction conducted after a Cease & Desist Order is posted shall constitute a separate offense. SECTION EIGHTEEN: I f any court of competent jurisdiction finds that any section, clause, sentence, or phrase of these Code provisions is invalid or unconstitutional, that finding in no way affects the validity of the remaining portions of this Code. SECTION NINETEEN: Said Ordinance and the changes included herein shall be in full force and effect from and after its passage and approval as provided by and subject to applicable law. APPROVED AND ADOPTED THIS #A Y OF FEBRUARY, 2016. CT7-YOF JACKSONVILLE,ARKilNSAS GARY FLETCHER, MA YOR SUSAN DA V n , CTY CLERK APPROVED AS TO FORM: