Monthly Archives: November 2007

Two previous posts (11/9/07 & 11/14/07) have listed the ordinances first adopted by the Town of Bradley after its incorporation.  Here, except for two that will be described in more detail in a later post, are 10 more ordinaces:

Ordinance No. 21:  “An Ordinance Penalizing Willful Obstructing or Resisting an Officer…”  This is a largely self-explanatory matter dealt with today by state statutes.  The penalty for violation of this ordinance was “…not less than Fifty ($50.00) Dollars nor more than Five Hundred ($500.00) Dollars.”

Ordinance No. 22:  “An Ordinance to Prohibit Dogs from running loose on the Streets…”  This ordinance also required that dogs be “…properly muzzled, or previously rendered immune from rabies, …”  Owners of dogs who violated this ordinance were fined “…in any sum not less than One ($1.00) Dollar nor more than Ten ($10.00) Dollars.”

Ordinance No. 23:  “An Ordinance to Fix the Fire Limit … and Prescribe the Material of which Buildings may be Erected within said Limits.”  Section 1 provides:  “All that Part of the Incorporated Town of Bradley, Arkansas in Block Eight (8), Block Nine (9), Block Ten (10), Block Eleven (11), Block Three (3), and Block Four (4), as shown on the original Plat of the Town of Bradley, Arkansas, now on record in the Clerk’s office in Lewisville, Arkansas.”  Section 2 provides:  “That it shall be unlawful for any person or persons to erect, or cause to be erected on any lot or plat of ground embraced within the fire limits as designated in Section One (1) of this Ordinance, Any building or any addition to any building now erected, unless outer walls thereof be made of Brick and Morter [sic], or Stone and Morter [sic], until such person or persons shall have obtained permission of the Town Council, which permission to be valid shall be in Writing and be signed by a majority of the Town Council.”  Section 3 provides that, in the event of a violation, “…said Town Council may proceed at once to pull down such buildings or additions.”  Section 4 provides a penalty of “… any sum not more than twenty-five ($25.00) Dollars.”  Finally, across the first page of this ordinance, the following appears in large red writing:  “Repealed by Town Council in Regular Session, Nov. 10, 1926, By Unanimous Vote of the Council.  W. E. Cochran, Recorder.”  The six blocks described in this ordinance are the two blocks which front the railroad on either side of current Hwy. 160 (Fourth St.), and the blocks in which the Community State Bank and the Chamber of Commerce gazebo are currently located.

Ordinance No. 24:  “An Ordinance to Prohibit the Sale of Live Stock At Public Outcry on the Streets and Allies [sic] … or Any One Hawking or Peddling ….”  Section 1 provides:  “That any person or persons desiring to sell or offering for sale at public outcry, any horse, mule or any other domestic animals at auction in the Streets or Allies [sic] …shall first pay to the Recorder …a license fee of Twenty ($20.00) Dollars per Annum, said license payable annually in advance.”  Section 2 requires such a license also for  “…Hawking or Peddling Goods, Wares, or Merchandise of any description other than grown produced, or manufactured by the Seller himself ….”  The penalty for violation of this ordinance was “…not less than Ten ($10.00) Dollars nor more than Fifty ($50.00) Dollars.”

Ordinance No. 25 and Ordinance No. 29 concern the providing of “…an Electric Light and Power system and supply ….” and will be described in more detail in a later post.

Ordinance No. 26:  “An Ordinance Creating an improvement district ….”  Section 1 provides:  “That a special improvement district be created … and be designated as Special Improvement District #1, and to be composed of the following described real property, to wit:  All of Blocks three (3), four (4), nine (9) and ten (10) ….”  Section 2 provides:  “That said Special improvement district shall be for the purpose of making necessary Improvements and repairs to the following streets in the said town of Bradley, to wit; On Pilot Avenue between third and fifth Streets; On Pullman Street between third and fifth Streets; and on fourth Street between Pilot Avenue and Woodruff Streets; also the drainage ditch leading South through Block 10 and east along third Street to Rail Road.”  “The above Ordinance was adopted at a Special Meeting of the Council held on Oct. 12th, 1928, All Members of the Council being present.”  Finally, across the page of this ordinance, the following appears in large red writing:  “This Ordinance is VOID through failure to Complete Organization of Special Improvement District as Provided by State Law.  W. E. Cochran, Recorder.”  The area described in this ordinance is the four-block area in which the Bradley Municipal Complex, Coker Hardware, Community State Bank and the Chamber of Commerce gazebo are currently located.

Ordinance No. 27:  “An Ordinance regulating the driving of automobiles, trucks or other Vehicles ….”  This ordinance prohibited driving “…at a dangerous or reckless rate of speed, or in a dangerous or reckless manner ….”  A violator was to be “…fined not less than five ($5.00) Dollars nor more than Twenty-five ($25.00) for each and every offense.”  Finally, “The above and foregoing Ordinance was duly adopted at a regular meeting of the Council of the Incorporated Town of Bradley, Ark. held on Dec. 11, 1928, majority members of said Council being present.  R. H. Duty, Mayor.  R. M. Holland, Recorder. (Recorded Jun. 3, 1929 by W. E. Cochran, Recorder)”

Ordinance No. 28:  “An Ordinance to permit the Town of Bradley, Arkansas, to require prisoners to work out fines on the streets or other improvements of the Town.”  This self-explanatory ordinance applied to “…all prisoners confined in the County Jail or Town Prison ….”  It was adopted on January 8, 1929, and bears the names of R. H. Duty, Mayor; R. M. Holland, Recorder; Homer Enyart, M. E. O’Neal, B. D. McDonald, Aldermen. 

Ordinance No. 29, as stated above, will be described in more detail in a later post.

Ordinance No. 30:  “An Ordinance Prohibiting the Running At Large … of any Horse, Mule, Ass, Goat, Sheep or Hog.”  A violating owner of any such animal was to “…be fined in the sum of not less than five ($5.00) Dollars nor more than twenty-five ($25.00) Dollars for the first offense, and in the sum of not less than Ten ($10.00) Dollars nor more than Thirty-five ($35.00) for the second offense and for each subsequent offense.”  This ordinance was adopted on May 14, 1929, and bears the names of R. H. Duty, Mayor; W. E. Cochran, Recorder; Jno. B. Edwards, F. P. Adams, B. D. McDonald, Aldermen.

An earlier post (11/9/07) gave some details of the first ten ordinances adopted by the Incorporated Town of Bradley.  Continuing in that same vein, here are highlights from the next ten ordinances.

Ordinance No. 11:  “… An Ordinance to Fix the Rate of Taxation, For General Purposes, for the year 1919.”  This ordinance levied “…a tax of five mills on the Dollar … upon all of the taxable property, real and personal, situate in the corporate limits of the Incorporated Town of Bradley…,” “…based upon the assessment of the County Assessor for the year 1919 and as equalized by the County Board of Assessors for said year 1919.”

Ordinance No. 12:  “… An Ordinance to Prohibit Gaming ….”  This ordinance prohibited “…betting money, or any valuable thing, on any game of brag, bluff, poker, seven-up, three-up, twenty one, vingturn [?], thirteen cards, the add trick, forty-five, whist, or any other game…” and “… betting any money, or any valuable thing, at any game played with dice, such as craps or any other name….”  The fine was “…any sum not less than Ten ($10.00) Dollars and not more than Twenty-Five ($25.00) Dollars.”

Ordinance No. 13:  “… An Ordinance to Define the duties of the Town Treasurer of the Incorporated Town of Bradley, Arkansas.”  This ordinance required the Town Treasurer to, among other things, “…file with the Recorder of the Town and good and sufficient bond …in the sum of Five Hundred ($500.00) Dollars, for the faithful performance of his duties….”  Also, “…for his services the Treasurer shall be allowed and paid five percent, on all the funds disbursed by him during his term of office on warrants properly drawn on and against the Treasury.”

Ordinance No.14:  “… An Ordinance to prohibit all Shows and intertainments [sic] of any kind from charging an admission fee … without first procuring a license and permit from the Town Marshal ….”  Section 1 provided, “That any person or persons desiring to give an intertainment [sic] or exhibition of any kind where an admission fee is charged (except where at least ten percent of the gross receipts go to the School or Churches of the Incorporated Town of Bradley, Arkansas) shall first pay a license of Ten ($10.00) Dollars for the first day, then ten percent of the gross receits [sic] for the next ten days, then five percent of the gross receits [sic] for each day thereafter.”

Ordinance No. 15:  “… An Ordinance to Prohibit the Shooting of fireworks of any and all kinds and description within certain boundary lines named below ….”  The “boundary line” was a prohibition “…within two blocks of the St. Louis South-Western Rail Road Company’s Depot, in any direction, and shall be punishable by a fine of not more than Five ($5.00) Dollars.”

Ordinance No. 16:  “… An Ordinance Regulating Speed ….”  Provides “… it shall be unlawful for any person or persons to run an automobile or truck at a greater rate of speed than Twelve (12) Miles per Hour ….” The fine was “… not less than Five ($5.00) nor more than Twenty-five ($25.00) Dollars for each and every offense.”

Ordinance No. 17:  “… An Ordinance Regulating the Parking of Cars and other Vehicles ….”  Provides “… it shall be unlawful for any person or persons to park any automobile, truck or other vehicle, or to receive or discharge passengers from any automobile, truck or other vehicle within twenty-five (25) feet of the South entrance of the St. Louis South-Western Passenger Depot.”  Offenders “… shall be fined in any sum not less than Two Dollars and fifty Cents ($2.50) nor more than Ten ($10.00) Dollars, or shall be subject to imprisonment of not less than One (1) Day nor more than Two (2) Days.”

Ordinance No. 18:  “An Ordinance to regulate and lisence [sic] the running of a meat market or Butcher Shop … and to prohibit the sale of fresh meats on the Streets of the Incorporated Town of Bradley, Arkansas.”  The total price of the license was $27.00.  Also, “It shall be unlawful … to sell fresh meats on the Streets … by Retail, or less quantities than quarters thereof of said animals, without first procuring a Lisence [sic] therefor …”  “PROVIDED, This Ordinance shall not apply to any Ex-Confederate of Ex-Union Soldier or Sailor, or any producer offering their on [sic] product …”  The fine was $2.50 to $10.00 per day of violation.

Ordinance No. 19:  “An Ordinance to Prohibit the Transportation of Intoxicating Liquors and Having in Possession Intoxicating Liquors ….”  This ordinance prohibits transport or possession of any “alcoholic, vinous malt, spiritous or firmented [sic] liquor or any compound in preporation [sic] thereof commonly called bitters, tonics or medicated liquors EXCEPT as provided in Section 6181 Crawford and Moses’ Digest of the State of Arkansas.”  Violators “…shall be fined in any sum not less than One Hundred ($100.00) Dollars nor more than One Thousand ($1000.00) Dollars for each offense, and may be confined in the City Jail not less than Thirty (30) Days nor more than Ninety (90) Days.”  This is the first ordinance that bears signatures below it:  “W. L. Jackson, Mayor.”  “W. E. Cochran, Recorder.”

Ordinance No. 20:  “An Ordinance To Prohibit Vagrancy….”  Section 1 provides:  “Any able bodied person, or persons, above the age of Fourteen (14) Years in the Incorporated Town of Bradley, Arkansas, without some visible means support [sic], no regular employment, and not seeking some honest employment, shall be adjudged a Vagrant.”  The fine was $10.00 to $100.00, “… and on default of payment of fine and costs the prisoner shall be confined in jail not to exceed Thirty (30) days, and the City Marshal (with the Council’s approval) shall have the authority to work all prisoners on the Streets …, the prisoner to be credited on his fine and cost One ($1.00) Dollar for each day’s work.”

Still more ordinances will follow in a later post.

Let’s suppose you want to start town.  Let’s call it, “Bradley.”  Let’s further suppose that Bradley has elected its first (and succeeding) Town Council(s).  You’ve been honored by your fellow citizens of the town by being elected Alderman.  Now you have to actually begin governing.  You need to adopt some ordinances.  What matters are the most important and, therefore, will be dealt with by the first few ordinances?  Well, here they are:

Ordinance No. 1:  “To prescribe the rules for the regulation and government of proceedings of the town of Bradley, Arkansas.”  Any of the procedural rules adopted in this ordinance could be suspended by a two-thirds vote of the Town Council.

Ordinance No. 2:  “An Ordinance to Prohibit Noise, Threats, Violent or Obscene or Profane Language, Discharging Fire Arms, Fast Driving and Running Horses, Within the Incorporated Town of Bradley, Lafayette County, Arkansas.”  The fine was “any sum not more than Three Hundred ($300.00) Dollars.”

Ordinance No. 3:  “An Ordinance to prohibit the Carrying [of] Concealed Weapons Within the Incorporated Limits of the Town of Bradley, Lafayette County, Arkansas.”  The weapons prohibited were “any knife, dirk, bowie knife, or Sword, or Spear in a Cane, brass or Metal Knucks, Razor, or Pistol of any kind whatever….”  The fine was “any sum not less than Fifty ($50.00) Dollars, nor more than Two Hundred ($200.00) Dollars.”

Ordinance No. 4:  “An Ordinance to Prohibit the Obstructing of the Streets, Alleys and Sidewalks Within the Incorporated Town of Bradley, Lafayette County, Arkansas.”  The Town Marshal was to notify any offender, who then had six (6) hours to remove the obstruction.  The fine was “any sum not less than One ($1.00) Dollar, nor more than Twenty-five ($25.00) Dollars.”

Ordinance No. 5:  “An Ordinance to Prevent Jumping on and off Moving Trains, in the Incorporated Town of Bradley, Lafayette County, Arkansas.”  Further, “It shall be unlawful for any person or persons [to] lounge around the depot or sitting rooms of said depot without they [sic] actually have business there to transact, or that they expect to leave on first train going north or south, provided this act shall not apply to persons awaiting the local freights, trains [sic] as well as the regular passenger trains.”  The fine was “not less than one ($1.00) Dollar, nor more than five ($5.00) Dollars.”

Ordinance No. 6:  “To Preserve the Health of the Inhabitants of the Incorporated Town of Bradley, Lafayette County, Arkansas.”  This was a sanitation ordinance.  Section 3 provided:  “That it shall be the duty of the occupant of each and every house, store, hotel, livery and private stable, barnyard or other place within the corporate limits of [sic] town, to gather offal, trash, animal and vegetable matter, sour and unclean liquid, created or found on such premises and put the same in barrels or other suitable vessels and have the same thrown or emptied at such place as the Marshal may designate, at least once in every forty-eight hours, at his, her, or their expense; and it shall be the duty of each said occupant to keep his said place of business or premises clear an [sic] clean from all trash, vegetable, and animal matter, sour or unclean liquids and all other things likely to impair the health of the citizens of the town and to keep all their hen houses, hog-pens, water closets, privies, and out houses of every kind and character, cow-lots and yards, within the corporate limits of the town, under their control as shall meet the approval of the Council.”  The fine was “any sum of not less than two ($2.00) Dollars nor more than Twenty-five ($25.00) Dollars, and each day upon which such violation may be committed as permitted to be done, shall be a separate offence, punishable without reference to any previous trial, conviction, or acquittal.”

Ordinance No. 7:  “An Ordinance to Prohibit and Punish Illegal Cohabitation in the Incorporated Town of Bradley, Arkansas.”  Section 1 provided:  “If any man and woman shall cohabit together as husband and wife, without being married, each of them shall be deemed guilty of a misdemeanor, and shall on conviction be fined in any sum not less than Twenty ($20.00) Dollars, nor more than One Hundred ($100.00) Dollars, upon the first offence, and on the second conviction of said offence, the offender shall be fined not less than One Hundred ($100.00) Dollars, and may be imprisoned in the jail house not exceeding twelve months.”

Ordinance No. 8:  “…An Ordinance to Provide for the Election of a town Marshal, Define his duties and fix his salary; and who shall be Ex-Officio Street Commissioner, and define his duties as such Street Commissioner and fix his Salary as such Commissioner.”  The Marshal was to be elected by the Town Council, not the citizenry, in April of each year, and was to be paid the same fees as Sheriffs and Constables for performance of certain duties, plus “Ten ($10.00) per month for his services” as Marshal and $2.00 per month for his services as Ex-Officio Street Commissioner.  Section 12 provided that, “As Ex-Officio Street Commissioner, It shall be his duty to warn all male persons residing in the limits of the town for ten days, who are subject to street or road duty, to work on the Streets…” Section 13 provided:  “That all male persons residing in the Corporate limits of the said Town between the ages of 18 and 45 years, shall be subject to work on the Streets and alleys in said Town who has resided in the town for ten days before the day of warning to work, when he is warned as stated in the preceding section; that every person so warned may pay in money the sum of Two ($2.00) Dollars for each day he is so warned to work on or before the day of working, said money to be paid to the Street Commissioner as be paid to the Treasurer of the Town of Bradley….”

Ordinance No. 9:  “…An Ordinance To Prohibit Drunkenness at Public Gatherings, or on the Streets in the Incorporated Town of Bradley, Arkansas.”  Section 1 provided:  “Any person who shall appear at any picnic, barbecue, children’s day services, Sunday School celebration, church service, litiary [literary] society, or other public gathering or on the public streets … in a drunken or intoxicated condition, shall be … fined in any sum not less than Ten ($10.00) Dollars nor more than Twenty-five (25.00) Dollars.”  [Apparently, drunks appearing at literary society meetings must have been a common occurrence.]

Ordinance No. 10:  “…An Ordinance to Prohibit and Punish Sabbath-Breaking, In the Incorporated Town of Bradley, Arkansas.”  This ordinance prohibited “laboring” on the “Sabbath or Sunday,” and prohibited stores from opening for business on those days.  Section 3 provided:  “Every person who shall on the Christian Sabbath or Sunday, be engaged in any game of craps with dice, brag, Bluff, poker, Seven-up, three-up, or any other game of Cards known by any name known to the laws, for any bet or wager on such games, or for amusement, without any bet or wager, shall, on conviction thereof, be fined in any sum not less than Twenty-Five ($25.00) Dollars, nor more than Fifty (50.00)Dollars.”

More ordinances will follow in a later post.