§ 14-54-104 - Additional powers of cities of the first class. - Arkansas Statutes

14-54-104. Additional powers of cities of the first class.

In order to better provide for the public welfare, safety, comfort, and convenience of inhabitants of cities of the first class, the following enlarged and additional powers are conferred upon these cities:

(1) (A) (i) To regulate the use of sidewalks, and all structures and excavations thereunder, to require the owner or occupant of any premises to keep the sidewalks in front or alongside the premises free from obstruction, to build and maintain suitable pavement or sidewalk improvements therealong whenever they may become necessary to the safety or convenience of travel, and to designate the kind of sidewalk improvement to be made, the kind of material to be used by the owner or occupant, and the time within which the improvement is required to be completed.

(ii) The kind and character of sidewalk improvement for the same street and block shall be uniform.

(B) (i) (a) Sidewalk improvement shall be ordered, either by a general ordinance for all property owners or occupants on a certain street or within a certain quarter where the necessity of sidewalks is general to that extent, or by a resolution or order adopted by the city council and notice served upon the particular individuals owning or occupying the premises where the special necessity exists.

(b) (1) In either case, the city shall have power to enforce obedience to the sidewalk ordinance, order, resolution, or notice upon the owners or occupants failing or refusing to obey them by the imposition of fines upon conviction thereof in the police court, in like manner and with like consequences and effect as for a violation of any other ordinance of the city.

(2) Each day that the failure or refusal is continued shall constitute a separate offense.

(ii) After the owner, upon notice, has failed to repair it, in cases where the sidewalk improvement shall be constructed by an occupant who holds the premises as a tenant or lessee, he shall have the right to deduct the cost thereof from the rent that may be due from him, or to hold the possession of the premises for such time as the rental value thereof will be sufficient to reimburse him for the cost.

(iii) Nothing contained in this subdivision shall be so construed as to prevent the city from proceeding by civil action or in any other manner provided by existing laws.

(2) To alter or change the width or extent of streets, sidewalks, alleys, avenues, parks, wharves, and other public grounds, and to vacate or lease out such portions thereof as may not for the time being be required for corporate purposes, and where lands have been acquired or donated to the city for any object or purpose which has become impossible or impracticable to achieve, the lands may be used or devoted for other proper public or corporate purposes or sold by order of the city council and the proceeds applied for public or corporate purposes.

(3) (A) To punish, prevent, or remove encroachments or obstructions upon any of the streets, sidewalks, wharves, or other public grounds of the city, whether by buildings, fences, or structures of any kind, posts, trees, or any other matter or thing whatsoever.

(B) No statute of limitations or lapse of time during which any obstruction or encroachment may have existed or been continued shall be permitted as a bar or defense against any proceeding or action to remove or abate it or to punish for its continuance after an order has been made by the city council or the police court for its removal or abatement.

(4) (A) To prevent and punish the bringing or importation into the city of any pauper, mendicant, diseased, or other person likely to become a burden on the city or any charity therein or become a charge upon the county in which the city is situated unless such action has been authorized by some competent officer in this state in a manner provided for by law.

(B) To punish the conductor of any railroad, captain of any boat or vessel, proprietor or driver of any stage or other conveyance bringing any such person into the city unless the party providing conveyance can show that he had no reasonable grounds to know or become apprised of the condition or circumstances of such person;

(C) To prevent or regulate the carrying on of any trade, business, or vocation of a tendency dangerous to morals, health, or safety, or calculated to promote dishonesty or crime. To provide by ordinance for the punishment of dishonest practices of any kind, and for the prompt arrest and punishment of all dishonest characters or persons of known bad reputation, such as burglars, pickpockets, sneakthieves, forgers, fakirs, confidence men, common cheats, tricksters, and the like, who shall come into or be found within the corporate limits of the city without being able to give a good account of themselves, and to provide that, upon the trial of all such persons, evidence as to general character, reputation, associates, and places frequented shall be admissible, and in all such cases to authorize a fine of not exceeding one hundred dollars ($100); and

(D) To prevent, abate, or remove nuisances of every kind, and to declare what are nuisances, and also to punish the authors or continuers thereof by fine or imprisonment, or both. However, no previous declaration shall be necessary as to any matter, act, or thing that would have been a nuisance at common law, and all nuisances may be proceeded against either by order of the city council or prosecution in the police court.