Bisbee daily review., 1902-02-15
ORDINANCE No. 6


 ORDINANCE No. 6
 An ordinance prescribing the mode of collect
 ing and enforcing fines, pc slties and fer
 feitures for vi. lation of ordinances of the
 Town of Bisbee. Cochise county, Territory
 of Arizona:
 Be 1t ordained by the Mayor and Common
 Council of the Town of Bisbee;
 Section 1. All fines, penalties and forfeit ures which may accrue under any ordinance of the Tow of Bisbee. may be recovered be- fore any Justice of the Peace residing with in such town, and the same when collected shall be paid into the treasury of the town as hereinafter provided. Such proceedings shall be commenced by complaint signed and sworn to before such justice stating the clause of the ordinance under which such fine. pen atty or forfeiture is claimed, whereupon warrant shall be used issued by such justice for the arrest of the offender. and trial there of shall be hvd before such justice in like manner as in the case of misdsmeenors un- der the laws nf the Territory of Arizona. In the event of the conviction of the offender. the judgement may reouire the party com victed to pay the fine and be imprisoned or both as provided in the ordinance or clause of the ordinance violated or to pay the flne and stand committed to the jail of the county or calaboose of the town. until payment of such fine, for a period of time reekcned at the rate of one day for each dollar of such fine, or the offender may bs confined at hard labor on the streets or public works of the town for the period of such Imprisonment, or If fine be Imposed and not paid, -or period reckoned at the rate of one day for each dollar of such fine Execution may be issued against the body of the defendant, or a fine may be collected by execution against the estate of defendant, or penaty or for fe ture may be enforced in the manner pre- scribed by the ordinance imposing the same.
 Sec. 8. 1t shall be the duty of the Town Marshal to sign and swear to any complaint for the violation of any ordinance of the town, or any complaint for the recovery of any fine, penalty or forfeiture imposed by any ordinance of the town; to execute war rants that may be issued hereunder; to sub- poens witnesses and jurors for such trials and prosecutions, and u serve all process therein, both final and meme in such Cases. to collect all fines hereunder and pay the came to the town treasurer; to keep account of all fines aud mon ,ys collected by him, aud make a statement thereof monthly to the Common Council
 Sec.s The complaints named in the fore going section may also be signed and sworn to by any person, and it shall be the duty of any per.o on becoming aware of the violation of any ordinance of tho town so to do, before any justice of the peace residing within said town.
 Sec.4 For all sufts and prosecrtions for any violation of any ordinance. before any justice residing within the town, such jus tice shall be entitled to receive the same fses as are now or may hereafter be provided by law in cases oi prosecutions for misdemean- ors prescribed by the lows of the Territory of Arizona, and in all cases su-h justice may deda act and retain his fees from any fine im- posed, and the remainder of such fine paid by him to the town m arshall to be by him paid to the town treasurer, provid' d, that in the event no fine or costs be col ected fir m the defendant such justice shall be entitled to no costs or feei and no costs Or fees shall in any event be charged to the town (except oosts of p-cessary publication in the event of of cautions against the estate of defend anrs 6, or the enforcement Of penal ties and forfe itures, as in section l hereof provided.) Such justice shsll present to the town clerk monthly an itenized account of all fees received by him om fines collected with each case or proceedings and ,he date thereof, verified as to its cprreetness, toge- ther with an account of all fines received by him, verified as to its correctness. By the word 'Ane' above presbribed is meant the fne prescribed by ordinance of the town, and the costs required by law or ordinance to be imposed in addition thereto.
 Sec. 5. When fios is imposed upon a de- fe ndant and costs in addition thereto, there shall be included in such c.s.s fees for ser vices of the marshal, reckonsd at the rate provided by law for c. nstables in criminal cases, but the same shalt not be retained by Such marshal, but shall be paid by him to the town tre reasurer es part of the fine, as above provided.
 Sec 6. All complaints, suits and prosecu- tions for violation of any ordinance shall be in the name of the Town os Bisbee" plaintiff.
 Sec !. All ordinances and parts of ordi- nances in confict herewith are hereby re. pealed.
 Sec. 8. Thys ordinance shall take effect from and after its passage by the Common Council and approved by the Mayor,
 Passed and adopted by the common coun. cil ,his 18th day of January. 1902. I, W. WALLACE. J.J. MrIRHEAL,
 Clerk. Mayor.