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AN ORDINANCE SETTING FORTH MINIMUM REQUIREMENTS FOR WEEDS, VINES, GRASS AND LOW-HANGING LIMBS; PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-10:060 ON JULY 20, 2010)
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas.
Section 1: In addition to the requirements and procedures set forth in Ordinance 1120, it shall be unlawful for any person to have, keep, maintain, cause or permit within the city any weeds, vines, grass or low-hanging limbs on vacant lots, ditch banks or railroad rights-of-way or improved property in such a manner as to foster the harboring or breeding of mosquitoes. Weeds, grass or vines on such property as specified in this Section shall be cut when same attain a height of twelve (12) inches and vines and low-hanging limbs shall be cut when the same are shown to foster the harboring and breeding of mosquitoes. The presence of grass or weeds or vines of more than twelve (12) inches in height on such property shall be prima facie evidence that mosquitoes are breeding there and/or being harbored therein. Failure to cut such weeds and grass or vines shall be prima facie evidence of violation of this ordinance and punishable as prescribed herein. All lands within the city limits cultivated to growing crops shall be exempt from this ordinance, but only the area actually cultivated as appraised to be growing crops.
Section 2: Any person responsible for conditions described in the foregoing section who shall fail to take necessary measures to prevent the same after five days notice given by the City Inspector or his authorized agent is subject to having said conditions removed at the direction of the City Inspector and all necessary costs incurred by the city for this purpose shall be charged against the property owner, the person in possession or any other person in violation as the case may be, and a lien filed against said property as authorized in Ark. Stat. 19-2325, 19-2328 and 19-2315. For purposes of this and other penalties provided herein, official record of ownership at the county tax assessor's or county collector's office shall constitute prima facie proof of ownership.
Section 3: Every person convicted of a violation of any provision of this Ordinance shall be fined not to exceed $100.00 for the first offense, and $250.00 for subsequent offenses, within a year's time.
Section 4: It is found and declared by the City Council of the City of Jonesboro, Arkansas that there is an increasing need for the cutting of weeds, grass, vines and low-hanging limbs by the owners and persons in possession of real property and that failure to do so creates a health and traffic hazard, and an emergency is hereby declared to exist and this Ordinance being necessary for the preservation of the public peace, health and safety, shall take effect from and after its adoption.
PASSED and ADOPTED this 15th day of April, 1974.