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AN ORDINANCE REGULATING AND CONTROLLING THE LOCATION OF GASOLINE PUMPS AND ISLANDS THEREFORE, AND THE LOCATION OF WASH RACKS, AND REQUIRING PERMITS FOR THE INSTALLATION OR REMODELING OF FILLING STATIONS, MOTOR VEHICLE REPAIR GARAGES AND OTHER ESTABLISHMENTS SERVICING MOTOR VEHICLES WITHIN THE CITY OF JONESBORO, ARKANSAS, AND EXPRESSLY REPEALING ORDINANCE NO. 823 OF FEBRUARY 19, 1951, AND FOR OTHER PURPOSES.
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BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS:
Sec. (1) Ordinance No. 823, passed and adopted February 19, 1951, of the ordinance of the City of Jonesboro, Arkansas, is hereby expressly repealed.
Sec. (2) That from and after the passage of this ordinance no person, firm or corporation shall erect, maintain or install gasoline pumps, islands therefore or any motor vehicle wash rack except in accordance with the provisions hereafter set forth.
Sec. (3) All persons, firms or corporations erecting, maintaining or installing gasoline pumps or islands therefore at new service stations located within the City of Jonesboro, Arkansas, shall locates aid pumps and islands as follows:
The end, front or side of each pump or island therefore shall be located not less than twelve (12) feet from the closest right of way line of any public street or thoroughfare contiguous to the property on which said gasoline pump or island is installed or maintained.
Sec. (4) All persons, firms or corporations installing or maintaining wash racks for the purpose of servicing motor vehicles shall located said racks not less than forty (40) feet from the end of the rack furthest from the street line to the closest right of way line of any public street or thoroughfare contiguous to the property on which said racks are installed or maintained; provided, however, that such racks may be placed at a less distance if said racks are enclosed so as to prevent the escape of water being sprayed onto vehicles onto adjoining property or persons; and provided further that all such racks wherever located shall be equipped with proper drains connected to either storm or sanitary sewers.
Sec. (5) It shall be unlawful for any person, firm or corporation to hereafter build, construct or erect any gasoline and oil filling station where gasoline and oil will be sold; to build, construct or erect any automobile repair garage, or any other establishment for the servicing of motor vehicles or to remodel the same within the city limits of the City of Jonesboro, Arkansas, until special permission granted by the City Council, which special permission shall be granted only for good cause shown.
Sec. (6) When special permission of the City Council is sought in accordance with Sec. 5 above the application shall file with the City Clerk his application for said permission containing a description of the proposed location of the business, a definite description of the proposed construction and the name or names of the owners or operators thereof and a statement o the reasons why such business should be permitted to be conducted and pay to the City Clerk a free of $5.00, receipt for which shall be filed with the Clerk along with the application. The City Clerk shall thereupon publish a notice in some newspaper published in and having a general circulation in the city advising the public of the filing and said application and of the time when the same shall be passed upon by the Council, but said notice must have been published at least ten (10) days prior to the date fixed for the hearing, at which time the Council shall grant or refuse the application. Property owners in the City shall have the right to appear and protest before the Council either orally or in writing.
Sec. (7) This ordinance shall not be construed to repeal any building or zoning ordinance now existing, except as expressly stated herein or as to provisions contained herein necessarily in conflict with any existing ordinance.
Sec. (8) Any person, firm or corporation violating this ordinance in any regard shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than fifteen dollars ($15.00). Each day that any such violation continues to exist shall be deemed a separate offense and the person or persons guilty of so violating this ordinance shall be punished accordingly.
Sec. (9) It being found that the location of gasoline pumps or islands therefore and wish racks for motor vehicles closer to public streets and thoroughfares than the limits hereinabove described creates and would created a traffic hazard and endangers the lives and safety of pedestrians walking in front or near these stations, but that the distances prescribed in Ordinance No. 823, passed February 19, 1951, are so great as to be unjust and unfair to property owners wishing to build, construct or remodel establishments for servicing of motor vehicles; and it being further found that the establishment or construction of establishments or other facilities for the servicing of motor vehicles entails the storage and use of inflammables which is dangerous to the property and persons of those near said establishments and that such establishments should not be constructed or erected within the City of Jonesboro anywhere without good cause shown; and that the immediate passage and enforcement of this ordinance is necessary to protect the public health, peace and safety; now therefore an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its adoption and passage.
PASSED AND ADOPTED this 19th day of May, 1952.