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TITLE 7
PUBLIC PEACE, SAFETY AND MORALS
chaters:
7.04 State Criminal Statutes and Penalties
7.06 Prohibited Substances
7.08 Curfew
7.12 Loitering
7.16 Prohibited Weapons
7.20 Claims against City
7.24 Volatile Materials and the Fire Department
7.28 Outside Fire Service
7.32 Summons Procedure
7.36 Soliciting
7.40 Noise
7.44 • Fireworks
7.48 Lincoln Municipal Library
7.52 Water Usage in Emergency
CHAPTER 7.04
STATE CRIMINAL STATUTES AND PENALTIES
Sections:
7.04.01State criminal statutes adopted
7.04.02State 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:
7.06.01Definitions
7.06.02Selling
7.06.03Exception
7.06.04Unlawful
7.06.05Medical purposes
7.06.06Fine
7.06.07Superseded
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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1-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:
7.08.01Civil emergencies
7.08.02Congregating during state of emergency
7.08.03Penalty
7.08.04Curfew for minors ordinance
7.08.05Findings and purpose
7.08.06Definitions
7.08.07Curfew for minors
7.08.08Exceptions to curfew
7.08.09Penalties 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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7.08.05 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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public 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:
7.12.01Illegal
7.12.02Definitions
7.12.03Penalty
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
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or 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; or
manifestly 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-
213101
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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:
7.16.01Unlawful 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:
7.20.01Liability insurance
7.20.02Settlement 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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Chapter 7.24
VOLATILE MATERIALS AND THE FIRE DEPARTMENT
Sections:
7.24.01Restriction on keeping
7.24.02Volatiles never to be allowed to pass into drainage system
7.24.03Penalty
7.24.04Authorization
7.24.05Definition
7.24.06Rates, 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 conviction, 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.