Petitions for City of Alexander Elections now available

Petitions are now available at the Saline County Clerk’s Office for municipal elections to be held during the November 3 General Election. Positions appearing on the ballot for the City of Alexander include all eight of the council seats, city recorder and the treasurer. Council members serve for two years while the city recorder and treasurer are four-year terms.

Whether you live in the Pulaski County or Saline County portion of Alexander petitions must be picked up at the Saline County Clerk’s Office;

215 North Main, Suite 9;

Benton, Arkansas;

between the hours of 8 AM to 4:30 PM Monday through Fridays, except holidays. When requesting a petition you must state which position you are seeking (ie. Ward-1, Position-2).

Current members of the city council are Joe Pollard (Ward-1: Pos-1), Elizabeth Bland (Ward-1: Pos-2), Joy Gray (Ward-2: Pos-1), Juanita Wilson (Ward-2: Pos-2), Harold Timmerman (Ward-3: Pos-1), Dan Church (Ward-3: Pos-2), Lonny Chapman (Ward-4: Pos-1), and Jeffery Watson (Ward-4: Pos-2). The City Recorder is Sharon Bankhead. JoAn Churchill is serving as interim treasurer and is expected to run for that position.

The first opportunity to file a petition is Noon on Wednesday, July 29. Filing ends at Noon on Wednesday, August 5. The election is Tuesday, November 3, 2020.

Rules to follow concerning fireworks; sales and use

Independence Day (July 4) is near. If you plan to sell or shoot fireworks in the City of Alexander there are some rules you need to know. The ordinance establishing these requirements became law in June 2019.

Selling Fireworks:

Fireworks cannot be sold within the city limits without the purchase of a, “Privilege license.” Contact city hall for further information.

The use of fireworks:

“No parent, guardian, or custodian of any child under the age of majority shall knowingly permit or consent to the possession or discharge of fireworks by any child under the age of majority without proper supervision.” The ordinance also states the, “possession or discharge of fireworks” as, “prima facie evidence of the knowing permission or consent of such parent, guardian, or custodian.” In other words you’re responsible for the actions of the child whether you know what they’re doing or not. In Arkansas the age of majority is 18 years old.

Where and When:

The ordinance limits the discharging of fireworks, “on private property of the owner, by the owner and immediate family, when discharge is in a safe and sane manner.” “Safe and sane manner,” is defined as, “actions which do not endanger life, limb, or property of those in the area of the discharge.”

Fireworks may not, “be discharged within the boundaries of or within three hundred feet (300 ft.) of any public park owned or maintained by the city.” Also, fireworks may not be, “discharged upon any public street, alley, road, or right-of-way,” … “under or upon a motor vehicle, whether moving or not, or within three hundred feet (300 ft.) of any gas station, gas, oil, or propane storage facility, or other area which is highly flammable in nature.” Fireworks also may not be discharged if the Fire Chief has issued a burn ban due to drought or other conditions.

The ordinance allows for the discharging of fireworks on July 3 and July 4 from 12:00 PM (Noon) until 10:00 PM.

Clean up when finished:

The revelers are also required to clean-up the mess. The ordinance states, “Any individual, firm, partnership, corporation, or association discharging fireworks under this ordinance shall, upon such discharge, be responsible for clean-up of the discharge site, including disposal of all discharged fireworks, all non-discharged or ‘dud’ fireworks, and the associated debris from the area in a safe manner.”

Fireworks defined:

The ordinance provides a definition of fireworks. Besides the legal and technical definition, examples of what constitutes fireworks is provided. The list includes, “sky rockets, roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel them, firecracker, torpedoes, sparklers, or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablet or other device containing an explosive substance.”

Enforcement and penalties:

Police, fire and code enforcement officers are given the authority to enforce this ordinance. They also have the authority to, “seize, impound, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered for sale, sold, or in the possession of any individual, firm, partnership, corporation, or association in violation of this chapter.” Penalties start at, “a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) for a first time offense, a fine of not less than two hundred dollars ($200) or more than five hundred dollars ($500) for a second offense, and a fine of not less than three hundred dollars ($300) or more than five hundred dollars ($500) for a third or subsequent offense. Each day of a violation constitutes a separate offense.”

The ordinance also covers payment for damages and the cost of any services provided. “Any damages caused or injuries sustained as a result of any violation of this chapter shall be ordered paid as restitution as part of any conviction for any violation,” it states. Also, “The court may order the reimbursement of costs of enforcement, investigation, fire suppression services, and overtime related to a violation upon conviction.”

Excessive noise outlawed in Alexander, zoning change approved

The Alexander City Council has approved an ordinance which specifies how much “Noise” is allowed in the city and when everyone must be quiet. A zoning change was also approved which will allow nine more apartments to be built in the old part of town.

The “Noise Control Ordinance” recognizes that, “[E]xcessive sound and vibration are a serious hazard to the public health and welfare, safety, and the quality of life.” The ordinance also affirms that, “[P]eople have a right to and should be ensured an environment free from excessive sound and vibration that may jeopardize their health or welfare, or degrade the quality of life.”

The new ordinance establishes times when it is, “[U]nlawful for any person to willfully make, continue, or cause to be made or continued, any loud and raucous noise.” Raucous is described as, “[A]ny sound which, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities.” Quiet time is established as, “10 pm to 6 am Sunday through Thursday and 6 am to midnight Friday and Saturday.”

Noise violations, or requirements to restrict noise, covered in this ordinance include, “[T]he exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device which will effectively prevent loud and disturbing noises,” “Every motor vehicle shall at all times, be equipped with factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation,” “The creation or emission of engine of [sic] exhaust noise through the use of “Jake Brakes” or other similar engine compression retarding device …” “The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound …” “Using, operating or permitting to be played any radio, music player, or audio system in a motor vehicle which produces or reproduces sound in such a manner as to cause a loud and disturbing noise which plainly audible to persons other than the occupants of said vehicle.”

While discussing the ordinance Mayor Paul Mitchell said the loud music from cars isn’t bad. “They keep moving,” he said. It’s the loud music from houses. “They don’t move.”

The ordinance also defines who may be responsible for, and subsequently charged with, violating the ordinance. “Any person, owner, agent, or supervisor in charge of operating, ordering, directing or allowing the operation or activity creating noise shall be guilty of a violation of this article and subject to the penalties.” If found guilty of violating any portion of this ordinance, “[A] penalty of not less than one hundred dollars ($100.00) plus court costs and not more than five hundred dollars ($500.00) plus court costs,” may be levied.

Mitchell pointed out this ordinance request came from the police department. When handling loud noise complaints the officers would like something on the books they can take to court.

A long-time vacant lot along Main Street will be vacant no more. Thanks to a zoning change, approved by the Alexander City Council, construction will begin as soon as possible on nine two-bedroom apartments to be located in two separate buildings.

The lot at the northeast corner of East 2^nd Street and Main Street, along with the rest of that block, was zoned for single-family site-built homes, site-built duplexes and all types of factory-built housing. Only the zoning for the vacant lot was changed to allow for the construction of multi-family housing units (apartments).

Prior to the council’s vote on the zoning change Planning Commission Chairman Michael Huck gave a report on the public hearing held June 9. Huck said despite giving all legally required notification to local property owners, residents and the general public no one attended in opposition to, or support of the zoning change.

Huck said the planning commission held its regular meeting following the public hearing. It was at that meeting the planning commissioners voted to recommend the council approve the zoning change.

Also at the June 15 meeting;

Mayor Mitchell spoke of the recent shooting and death of Officer Scott Hutton. Mitchell said he would like to have a memorial of some type established in the city. Council Member Juanita Wilson said her pastor is working on a plaque to present to the city.

Officer Hutton died Wednesday, June 3 in what is currently being referred to as, “an accidental shooting by a fellow officer.” The incident occurred on Evergreen Drive and was being investigated by the state police. The Saline County prosecuting attorney will decide if charges will be filed against the as-yet unnamed officer. The officer has been placed on paid administrative leave.

The council approved giving city hall staff the authority to refund park rental fees in the event of an emergency. The emergency can be an event that makes park facilities unusable, such as a flood or the current CoVid-19 pandemic, or the individual renting the facilities is unable to proceed with the planned event. Until now only the deposit has been refundable.

The next meeting of the Alexander City Council will be held Monday, July 20 at 6:00 PM in the courtroom at city hall. The public is invited to attend.