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 Fort Smith
 Code of Ordinances
 FORT SMITH MUNICIPAL CODE
 Chapter 1. GENERAL PROVISIONS

  § 1-13. Issuance of citations and warning notices of offense.

Latest version.

  • (a)

    Any employee of the city designated as a code enforcement officer or inspector within the planning and zoning division, building safety division, neighborhood service division and animal control division, who has the duty of enforcing municipal codes, ordinances or regulations related to their division is authorized to issue to an offender either a citation to appear in district court or a warning notice of offense for the violation of any ordinance or city code provision for which the employee has enforcement responsibility.

    (b)

    Citations for violations should be issued only when the violator is physically present at the time and place of violation. The violator shall be requested to sign the citation, but refusal to sign shall not relieve the violator of the obligation to appear in court as specified on the citation, and the issuing code enforcement officer or inspector shall note upon the citation any refusal by the violator to sign.

    (c)

    A warning notice of offense should be used in instances where the violator is not physically present to receive a citation. A warning notice of offense shall be served by either mailing a copy thereof to the violator by any form of mail or by posting a copy thereof upon the property of the violator which forms a basis for the violation. If the violation is not corrected within the time frame specified by the code enforcement officer or inspector, as instructed on such warning notice of violation, the code enforcement officer or inspector shall swear out a complaint with the city prosecuting attorney for the purpose of obtaining a criminal summons for the violation.

    (d)

    Both the citation form and the warning notice of offense shall state the name and address of the violator and the date of violation, shall contain a statement of the nature of the violation, and shall be signed by the code enforcement officer or inspector having knowledge of such violation.

    (e)

    Nothing in this section shall prohibit the exercise of authority by police personnel, the use of discretionary warning tickets, or the use of a separate form of parking ticket or uniform traffic ticket by police personnel.

(Ord. No. 51-08, 9-16-08)