Cordell Business Fined For Ordinance Violation

JD Banks, owner of J & D’s Bargains in Cordell, was fined $95 by Judge Jimmy Hines in Cordell’s city court Monday, Oct. 14, 2019. He was issued a citation Oct. 1, 2019, for the placement of merchandise for sale on the sidewalk in front of his building on Main Street.

Banks appeared in city court, represented by counsel, to challenge the citation. His attorney argued Banks was the victim of unfair “targeting” by the city on the grounds that no other businesses in Cordell had received such citations, despite other businesses placing merchandise for sale on sidewalks. He named several local businesses, including Ace Hardware, United Grocery, Tractor Supply, Lindley Farm Equipment, Kwik-N-Eze, and Dollar General as being in violation of the ordinance, but offered no evidence of such violation.

He did, however, queston city code enforcement officer Christie Cherry about Dollar General’s propane exchange and ice machine, which are visible on the sidewalk in front of the store. Cherry explained she had spoken with the management of Dollar General and had given them permission to leave the ice machine and propane exchange (which can’t legally be taken inside) until such a time as the ordinance was clarified. Cherry also testified that she had spoken with Banks on more than one occasion about his merchandise being on the sidewalk, but he refused to comply with her request, so under the advice of the city attorney, she issued the citation.

Banks’ attorney then turned his attention to the Cordell Pumpkin Festival, asking Cherry if any of those vendors had been fined for selling merchandise on both the streets and sidewalks. Cherry informed the court that the Chamber of Commerce had applied for, and been issued, a permit to close the streets for the annual event.

His final argument switched to a different ordinance, one that prevents the placement of any obstruction on a sidewalk. He specifically questioned Cherry about a flag flying on the sidewalk outside Molly’s Donuts and asked why the shop hadn’t been issued a citation for that violation. Cherry replied that she didn’t feel the flag created an obstruction on the sidewalk.

Judge Jimmy Hines ruled in the city’s favor, upholding the citation for one day of code violation. Banks was fined $25 for the violation, with an additional $70 in court costs.