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A BILL FOR AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO REGULATE, MAINTAIN AND PROTECT, NATURAL AND ARTIFICIAL WATERCOURSES AND DRAINS; WITHIN THE CITY OF JONESBORO, ARKANSAS: AND FOR OTHER PURPOSES
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BE IT ORDAINED AND ENACTED by the City Council of the City of Jonesboro, Arkansas in regular meeting convened:
SECTION 1. That from and after the enactment of this ordinance; it shall be unlawful for any person, firm or corporation to impede, block, dam or other obstruct in any manner whatsoever, the free flow of surface and rainwater flowing from streets and private property into and within ditches, drains and all other watercourses either natural or artificial where any of said ditches, drains and watercourses are contiguous to any public street or alley.
SECTION 2. If any person firm or corporation shall desire to construct a driveway across one of said ditches, drains or watercourses or shall desire to do any other act which would impede the free flow of water along said drainage facilities; he, she, it or they shall make written application to the Mayor of the City of Jonesboro for a permit to construct said obstruction. The said written application, shall give in detail the kind and character of said proposed construction, the reason or necessity therefore and a description of the proposed location thereof, together with a description of the materials to be used, of said proposed structure.
No permit shall be granted by the Mayor unless the builder shall convenant to install tile or pipe of sufficient size to accommodate the normal flow of water ordinarily passing along the ditch, drain or watercourse, at the point of the proposed construction. No pipe or tile shall be deemed to be of sufficient size unless said pipe shall have a minimum inside diameter of six inches. The number of pipes to be installed shall be a matter within the sound discretion of the Mayor and shall in no case be a lesser number than that necessary to accommodate the said normal flow of water; If the plans and specification hereinbefore required do not satisfy the Mayor that said free flow of water will be insured, he may indicate to the Applicant a set of minimum requirements for the proposed construction. If the Applicant does not agree to comply with said minimum requirements, the permit shall be denied.
SECTION 3. If any person whose application for a permit has been denied by the Mayor, shall deem himself aggrieved by the said denial, he may file with the City Clerk a written request that the matter of granting or denying his permit be submitted to the City Council. They party filing said request for consideration by the Council shall at the time of said filing, deposit with the Clerk a sum of not less than $5.00; to be used for the purpose of giving notice by newspaper publication as to the time and place for hearing of said application. No application shall be considered by the Council unless and until the time and place of said hearing shall have been advertised in a local newspaper for at least one insertion. Said advertisement must be published at least 10 days prior to the date of hearing. At the time of said hearing the Council may either grant or deny the permit applied for.
SECTION 4. Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and punished by a fine of not less than five nor more than fifteen dollars each days violation of this ordinance shall be deemed a separate and distinct offense.
SECTION 5. It being found by the Council that many persons have been obstructing, ditches, drains and watercourses which drain the public streets and alley and private property; and that said obstructions have resulted in flooding and damaging said streets, alleys and private property; and that said flooding and the damage incident thereto are a menace to the public health, peace and safety; 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 passage, adoption and publication.
PASSED and ADOPTED this 16th day of January, 1950.