August 18, 1960~~~
MINUTES OP A RHGULAR MEBfING OF THB CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HHLD
AT THA CITY H0.i IN CA 711 CITY O~LTlIE=18TH.~X._OE..AUCIIt'~' lOFf1 AT 7•M_D~_._____ ____
---T--- - ---_
On the 18th day of August, 1960, the Council of the Citq of West Memphis, Arkansas, met
in the City Hall in said City in regular session. The meeting was called to order by the
Mayor at 3s00 P,M„ and on the roll call the following members of the Council were found to
be present:
Aldermen: C, H, Rowton, Y, G, Sims, R. C. Bowie, R. H, Hden, J. L, Lackey, and
R. H, Ray, Jr.; and City Attorney W, H, Dillahunty,
Absent: Aldermen C. I, Bollinger and L, H. Roleson.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on August 4, 1960, were approved as read.
Mayor Price informed the Council the Junior Chamber of Commerce has requested permission
to have their annual horseshoes on September 17th at the Hospital Field. After disc ussion,
motion was made by Alderman Raq: That permission be granted the Junior Chamber of Commerce
to have a horseshoes at Hospital Field, The motion was seconded by Alderman Lackey, and the
following vote was recorded:
Ages: Aldermen: Rowton, Sims, Bowie, Eden, Lackey, and Ray.
Nays: None.
Application of Walter. Pitts Truck Co, to place house trailer on lot, not for rent but to
watch equipment placed on lot, was presented. After discussion, motion was made bq Alderman Ray:
That the application be denied a s in violation of cit y ordinance, The motion was seconded bq
Alderman Sima, and the following vote was recorded:
Ages: Aldermen: Rowton, Sims, Bowie, Eden, Lackey, and Ray.
Nays: None,
Accounts Payable for July, 1960, were presented. After discussion, motion was made by
Alderman Rowton: That the accounts payable for July, 1960, be approved as presented and filed;
and authorize, ratify, and/or confirm payment of the following:
Arkansas Municipal League $553.28 Tayloe Paper $54
70
Air Temperature, Inc, 15.74 Union Auto Electric .
12
26
J, E, Cpunts 2,00 C,. J. Upton .
603
34
Chalmers Buick Co. 70.91 White Rose Industrial .
5
46
Crittenden Memorial Hoppital 281,40 West Memlphis Laundry-Clean ,
ers 99
75
Crittenden Publishing Co. 195.41 Weat Memphis Machine Shop .
41
00
Delta Ice Company 60.00 West Memphis Veterinary Hos .
pita171
50
D X Sunray Oil Co „ 28.37 West Memphis Tourist Court ,
10
50
Eaao Standard 1,639.84 American Playground Device ,
Co
Farmers Hardware Co,
86.15 ,
Pinley Electric Co,
52,50
Farmers Hardware Co, 1,059.72
31,64
Goodyear Service Stores 121,51 Halstan Eqpt. 93.00
Hamilton Clinic 52,00 Zdeal Chemical 500,85
Hawkins Hquipment Co, 57.08 McKay Plumbing 296,50
Hutcherson & Warren D X 1.50 Marine Supply Co, 12
25
Holland Motor Co, 292,47 Nu Way Products ,
60,60
Dt. J. G, Hawkins 6,00 Southxestern Bell 68
48
Independent Linen Service 4,62 MidSouth Gas Co. ,
57.98
H, A, Johnson 6.96 Tenn. Valley Electric 31,85
Johnson Auto Co, 64.89 West Memphis Wholesale Grocery 45.10
Leggett's Service Station 2.90 Weat Memphis Lumber 21
84
McMillen Implement 7.99 West Memphis Welding Shop ,
22,08
Logan-Cosh Comm. 35.92 West Memphis Utility Office x
120,27
McCaa Chevrolet 66.52 W. H. Dillahunty ,
10
40
Martin Petroleum 10,81 Social Security Fund ,
62
59
Matthews Glass 14.00 ,
General Fund-Social Security 110,98
May-Graves, Inc. 302.29 General Fund-Social Security 64
89
Memphis Harleq-Davidson Co, 214.10 Ark, State Treasurer ,
4
005
72
Meriwether Apothecary 51,26 Director of Internal Rev. ,
,
2
401
40
MidSouth Gas 48.47 General Fund ,
,
327
50
MidP/eat Auto Parts 1:81 General Fund ,
30
70
Mills-Morris Co. 15,94 General Pund ,
150
90
T. Maze 6,53 Asphalt Products Co. ,
344
$0
Orkin Exterminating 25.00 Conyers Sign Service ,
130
00
Ozburn-Abaton Co. 104.51 Choctaw
Inc ,
Rochester Germicide
170,21 ,
,
Farmers Hardware 247,48
Russell Tractor
229.19
Garrett Hardware 45,91
5. Swig & Sona
17.20
Garrison Ready Mix 7 82
Dts. Schoettle and Lanford
15,00
Goodyear Service Stores 38.63
Saunders Repair Service
18A.48
Hawkins Eqpt 401.71
Trove Smith, Inc.
Standard Parts
5.50 ,
Higgins Generator Service 812,33
16.17
Spalding Tire 39.59 Holland Motor Co. 12,35
Sports Drug Store 158.87
5
91 Johnson Auto Co, -
W 63,20
Stratton-Warren Hardware .
155.00 . S. Jordan Gravel
Langston Bag Co 1,389,60
T uthwestern Bell
I
366,46 ,
Tom Lloyd Tractor
9,50
5
8
exaco
nc, 7.92 McCaa Chevrolet- .
2
141,66
4£~
Manning Lumber Co, $62,79
Memphis Machine Works 82 84
MidSouth Gas Co, 43,89
Ozburn-Abston & Co, 33,57
Standard Parts Co. 4,48
•, J, Thomas, Inc 4.50
West Memphis Lumber Co, 66,20
West Memphis Welding & Machine Shop 19,45
Baker & Taylor Co, 40,60
H, R, Huntting Co. 6,68
MidSouth Gas ~o, 1,91
Memphis News Co. 6,30
Orkin Hxterminating 5,00
Southwestern Bell 17,85
City Payroll Account 860,44
City Payroll Account 312.84
Business Men's Assurance 20,11
H. D, Holland 1,585,15
J, B, Duke Harlow 485,00
C. B, Alderdice Construction 295,00
Elmo Anderson, Fire Chief 125,00
R. L, Simmons 35,00
City Payroll Account 975.76
City Payroll Account 10,138,69
City Payroll Account 1,941,92
0, Ball 50,00
W. Murphy 175,00
Curb and Gutter District 3 7,508,42
Street Improvement District 4 7,508,52
L, Chitman 45,00
F, Boyce 45.00
Mrs, T. Claiborne 2,000,00
P, Romines - Police Fund 85,00
B, Anderson, Fire Chief 60,00
Mrs, G. Lehr 75,00
City Payroll Account 11,311,39
City Payroll Account 2,113.14
Business Men's Assurance 76,83
Business Men's Assurance 466,75
Swim Pool Maintenance Pund 1,091,57
The motion was approved bq Alderman Sims, and the following vote was recorded:
Ayes: Aldermen: Rowton, Sima, Bowie, Eden, Lackey, and Ray,
Naga: None.
Alderman L, E, Roleson made a delayed appearance at the Council Meeting,
Pinancial Statements of the City as of June 30, 1960, were distributed to the members
of the Council,
Citq Attorney W, H. Dillahunty informed the Council an anti-litter ordinance and an
ordinance prohibiting smoking in places of public assembly have been prepared for their
consideration, Thereupon, Alderman Rowton introduced the ordinance entitled "An Ordinance
Prohibiting The Throwing Or Depositing Of Litter In Public Places In The City Of
West Memphis; Regulating The Distribution Of Commercial And Non-Commercial Handbills;
Controlling The Depositing Gf Litter On Private Premises; Providing A Lien For City
Clearance And Prescribing Penalties For The Violation Of Its Provisions" which was read in
full by Alderman Sima,
Alderman Bowie then moved that the rule requiring the reading in full of an ordinance
on three different days be dispensed with, The motion aaa seconded by Alderman Lackey, and
on the roll being called the voting was as follows:
Ayes: Aldermen: Rowton, Roleson, Sims, Bowie, Hden, Lackey, and Ray,
Nays: None.
The Mayor declared that more than two-thirds of the members composing the Council had
voted in favor of the motion to suspend the rule and that it waa carried, Alderman Roleson
then moved that the ordinance as read be adopted, This motion was duly seconded by
Alderman Ray, and on the roll being called the voting was as follows:
Ayes Aldermen: Rowton, Roleson, Sims, Bowie, Hden, Lackey, and Ray,
Nays: None,
The Mayor declared that the ordinance had been adopted, and then called attention to the
fact that Section 24, the emergency section, must be adopted upon a separate roll call in order
to be effective,
Alderman Eden then read Section 24 again. Alderman Rowton moved that Section 24 be adopted,
This motion was dulq seconded by Alderman Sima, and on roll call the following voted:
Ayes: Aldermen: Rowton, Roleson, Sims, Bowie, Hden, Lackey, and Ray,
Nays: None,
~~-- ----
The Magor then declared that the ordinance and the emergency section had been dulq
passed, and thereupon he signed the ordinance in open Council meeting, his signature was
attested by the City Clerk under the seal of the City,
The ordinance read as follows:
GRDINANCE N0, 393
AN ORDINANCH PROHIBITING THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES IN THE
CITY OF WSSf MEMPHIS: REGULATING THE DISTRIBUTION OF ODMMBDiCLAL AND NON-COMMHRCIAL
HANDBILLS; CONTROLLING THE DEPOSITING OF LITTER ON ~RIYATE PREMISBS; PROVIDING A LIEN
FOR CITY CLEARANCE AND PRBSCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS,
BE IT ORDAINED by the City Council of West Memphis, Arkansas:'
Section 1, This Ordinance shall be known and cited as the "West Memphis Anti-Litter
Ordinance".
Section 2, For the purpose of this ordinance the following terms, phrases, words-and
their derivations shall have the meaning given herein, When not inconsistent with the
context words used in the present tense include the future.. Words used in the plural
number include the singular number and words used in the singular number include the
plural number, The word "shall" is always mandatory and not merely directory.
(1) "Aircraft" is any contrivance now mown or hereafter invested, used and
designed for navigation or for flying in the .air. The word "aircraft" shall include
helicopters and lighter-than-air dirigibles and balloons,
(i) "City" is the City of We at Memphis, Arkansas, Arkansas,
(3) "Commercial Handbill" is any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or other reproduced
originals or copies of anq matter of literature:
(a) Which advertises for sale anq werehandiae, product, commodity, or thing; or
(b) Which directs attention to any business or mercantile or commercial.
establishment, or other activitq, for the purpose of either directly or
indirectly promoting the interest thereof by sales; or
(c) Which directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind, for which an admission fee is charged for
the purpose of privte gain or profit; but the terms of this clause shall not
apply where an admission fee is charged or a collection 3s taken up for the
purpose of defraying the expenses incident to such meeting, theatrical
performance; exhibition, or event of any kind, when either of the same is
held, given or takes place in connection with the dissemination of information
which is not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order; PROVIDED, that nothing contained in this clause
shall be deemed to authoize the holding, giring or taking place of any meeting,
theatrical performance, exhibition, or event of any kind, without a license,
where such license is or may be required by any law of this State, or under any
ordinance of this City;
(d) Which, while containing reading matter other than advertising matter, is
predominantly and essentially an advertisement, and is distributed or
circulated for advertising purposes, or for the private benefit and gain of
any person so engaged as advertiser or distributor,
(4) "Garbage^ is putrescible animal and vegetable wastes resulting from the handling,
preparation, cookigg and consumption of food.
(5) "Litter" is "garbage," "refuse," and "rubbish" as defined herein and all other waste
material which, if thrown or deposited as herein prohibited, tends to create a danger to public
health, safety and welfare.
(6) "Newspaper" is any newspaper of general circulation as defined by general law, any
newspaper duly entered with the Post Office Department of the United States, in accordance with
Federal statute or regulation, and anq newsp;per filed and recorded with any recording .officer
as provided by general law; and, in addition thereto, shall mean and include any periodical or
current magazine regularly published with not less than four issues per year, and sold to the
public,
(7) "Non-Commercial Handbill" is any printed or written matter, any sample, or device,
dodger, circular, leaflet, printed or otherwise reproduced originals or copies of anq matter
of literature not included in the aforesaid definitions of a commercial handbill or newspaper,
4g
(H) "Park" is a park, reservaltion, playground, recreation center or anq other public
area in the Citq,.owned or used bq the City and devoted to active or passive recreation.
(9) "Person" is any .person, firm, partnership, association, corporation, company or
organization or any kind.
(10) "Private Premises" is any dwelling, house, building, or other structure, designed
or used either wholly or in part for private residential purposes, whether inhabited or
temporarily or continuously uninhabited or vacant, sad shall include anq yard, grounds, walk,
driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
(11) "Public Place" is any and all streets, sidewalk, boulevards, alleys or. other public
ways and any.and all public parks, squares, spaces, grounds, and buildings.
(12) "Refuse" is all putrescible and nonputrescible solid pastes (except body waste),
including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles, and
solid market and industrial wastes.
(13) "Rubbish" is nonputrescible solid wastes consisting of both combustible and non-
combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cane, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
(14) "Vehicle" is every device in, upon, or bq which any person or property is or may be
transported or drawn upon a highway, including devices used exclusively upon stationary rails
or tracks.
Section 3. Litter in Public Places. No person shall throw or deposit litter in or upon any
street, sidewalk or other public place within the City except in public receptacles, in
authorized private receptacles for collection, or in official City dumps.
Section 4. PLACEMENT OF LITTER IN RECEPTACLHS SO AS TO PREVENT SCATTERING. Persona placing
litter in public receptacles or in authorized private receptacles shall do so in such manner
as to prevent it from being carried or deposited by the elements upon any street, sidewalk or
other public place or upon private property.
Section S. SWBHPING LITTBR INTO GUTTHRS PROHIBITED. No person shall sweep into or deposit in
any gutter, street, er other public place within the City the accumulation of litter from any
building or lot or from any public or private sidewalk or driveway. Persons owning or occupying
property shall keep the sidewalk in front of their premises free of litter.
Section 6. MERCHANTS' DUTY TO KEEP SIDEWALKS FRBE OF LITTER. No person owning or occupying a
place of business shall sweep into or deposit in anq gutter, street or other public place within
the City the accumulation of litter from any building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying places of business within the City shall keep the sidewalks
in front of their business premises free of litter.
Section 7. LITTER THROWN HY PERSONS IN VBHICLHS. No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public place within the City, or
upon private property.
Section 8. TRUCK LOADS CAUSING LITTER. No person shall drive or move any truck or other vehicle
within the City unless such vehicle is so constructed or loaded as to prevent any load, contents
or litter from being blown or deposited upon any street, alley or other public area.
Section 9. LITTER IN PARKS. No person shall throw or deposit litter in any park within the City
except in Public receptacles in such a manner that the litter will be prevented from being
carried or deposited by the elements upon any part of the park or upon any street or other public
place. Where public receptacles are not provided, all such litter shall be carried away from the
park by the person responsible for its presence and properly disposed of elsewhere as provided
herein.
Section 10. THROWING OR DISTRIBUTING COMMHRCIAL HANDBILLS IN PUBLIC PLACES. No person shall throw
or deposit any commercial or non-commercial handbill in or upon anq sidewalk, street or other public
place within the City. Nor shall any person hand out or distribute or sell any commercial handbill
in any public place. Provided, however, that it shll not be unlawful on any sidewalk, street, or
other public place within the City for any person to hand out or distribute, without charge to the
receiver thereof, any non-commercial handbill to any person willing to accept it.
Section 11. PLACING COMMERCIAL AND NON-CGMMBRCIAL HANDBILLS ON VEHICLES. No person shall throw
or deposit any commercial or non-commercial handbill in or upon any vehicle. Provided, however,
that it shall not be unlawful in anq public place for a person to hand out or distribute without
charge to the receiver thereof, a non-commercial handbill to any occupant of a vehicle who is
willing to accept it.
Section i2. DEPOSITING COMMHRCIAL AND NON-COMMBRCLAL HANDBILLS ON UNINHABITED OR VACANT PREMISES.
No person shall throw or deposit any commercial or non-commercial handbill in or upon anq private
premises which are temporarily or continuously uninhabited or vacant.
Section 13. PROHIBITING DISTRIBUTION OF HANDBILLS WHERE PROPHRLY POSTED. No person shall throw,
deposit or distribute any commercial or non-commercial handbill upon any private premises, if
requested by anyone thereon-not to do so, or if there is placed on said premises in a conapicueus
position near the entrance thereof, a sign bearing the words: "No Trespassing,^ "No Peddlers or
Agents,^ "No Advertisement," or any similar notice, indipating in any matter that the occupants of
said premises do not desire to be molested or have their right of privacy disturbed, or to have any
such handbills left upon such premises.
Section 14, DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL HANDBILLS AT INHABITED PRIVATE
PREMISES. No.peraon shall throw, deposit or distribute any commercial or non-commercial
handbill in or upon private premises which are inhabited, except by handing or transmitting
any such handbill directlq to the owner, occupant, or other person then present°. in or upon
ouch private premises, Provided, however, that in case of inhabited private premises which
are not posted, as provided~in this Ordinance, such person, unless requested by anyone upon
such premises not to do eo, maq place or deposit any such handbill in or upon such inhabited
private premises, if such handbill is so placed or deposited as to secure or prevent such
handbill from being blown or dirfted about such premises or sidewalks, streets, or other
public places, end except that mailboxes may not be so used when so prohibited by Federal
Postal law or regulations.
(a) Exemption for Mail and Newspapers, The provisions of this Section shall not
apply to the distribution of ma}1 by the United States, nor to newspapers
(as defined herein) except that newspapers shall be placed on private property
in such a manner as to prevent their being carried or deposited by the elements
upon anq street, sidewalk or other public place or upon private property.
Section 15, DROPPING LITTER PROM AIRCRAFT, No person in an aircraft shall throw out, drop or
deposit within the City any litter, handbill or any other object.
Section 16, POSTING NOTICES PROHIBTTED, No person shall post or affix any notice, poster or
other paper or device, calculated to attract the attention of the public, to any lamp post,
public utility pole or shade tree, ar upon any public structure or building, except as may be
authorized or required by law.
Section 17. LITTER ON OCCUPIED PRIVATE PROPBRTY, No perann shall throw or deposit litter on
any occupied private property within the City, whether owned by ouch person or not, except
that the owner or person in control of private property may maintain authorized private
receptacles for collection in such a manner that litter will be prevented from being carried
or deposited by the elements upon any street, sidewalk or other public place or upon any
private property,
Section 18. OWNER TO MAINTAIN PREMISES PRBE OF LITTER, The owner or person in control of any
private property shall at all times maintain the premises free of litter. Provided, however,
that this Section shall not prohibit the storage of litter in authorized private receptacles
for collection.
Section 19. LITTER ON VACANT LOTS. No person shall throw or deposit litter on any open or
vacant private property within the City whether owned by such person or not.
Section 20, CLEARING OF LITTER FROM OPEN PRIVATE PROPERTY BY CITY.
(a) NOTICE TO RBMOVE. The City Engineer is hereby authorized and empowered to notify
the owner of any open or vacant private property within the City or the agent of such owner
to properly dispose of litter located on such owner's property which is dangerous to public
health, safety or welfare. Such notice shall be by Certified Mail, addressed to said owner
at his last known address.
(b) ACTICN UPON NON-COMPLIANCE. Upnn the failure, neglect or refusal of any owner or
agent so notified, to properly dispose of litter dangerous to the public health, safety or
welfare within ten (10) days after receipt of written notice provided for in sub-section (a)
above, or within twentq (20) days after the date of such notice in the event the same is
returned to the City Poat Office Department becuase of its inabilitq to make delivery thereof,
provided the same was properly addressed to the last known address of ouch owner, or agent, the
City Engineer is hereby authorized and emposered to pay for the disposing of such litter or to
order its disposal by the City.
(c) CHARGE ASSESSMHNT TO OWNER OF PROPHRTY, When the Citq has effected the removal of
such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued
interest at the rate o5 six per cent (6%) per annum from the date of the completion of the work,
if not paid by such owner prior thereto, shall be charged to the owner of such property. Said
charge shall constitute a lien against said property and said lien shall be forwarded to the
proper officials in order to constitute a valid lien.
(d) RECORDHD STATEMENT CONSTITUTES LIEN, Where the full amount due the City is not paid
bq such owner within sixty (60) days after the disposal of such litter, as provided for in
subsections (a) and (b) above, then and in that case, the City Engineer shall cause to be
recorded in the office of the Circuit Clerk of Crittenden County, Arkansas, a sworn statement
showing the cost and expense incurred for the work, the date the work was done and the location
of the property to which said work was done. The recordation of such sworn statement shall
constitute a lien and privilege on the property, and shall remain in full force and effect for
the amount due in principal and interest, plus costs of court, if any, for collection, until
final kpayment has been made. Said costs and expenses shall be collected in the manner fixed
evidence thatnallalegaltformalitiealbavecbeenncompliedtwithrandsthat theeworkhhaa beenrdonefacie
of othelatatementlsplusointeresta e°nstitutesla charge againstytherson concerned that the amount
described in the statement and that the same is due and collectibleraserty designated or
provided by law.
~9
Section 21, PENALTIES, Any person violating any of the provisions of this Ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an
amount not exceeding Twenty-five Dollars ($25.00), Each day such violation is committed
or permitted to pontinue shall constitute'a separate offense and shall be punishable as
such. hereunder.
Section 22. SEPARABILITY, If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
prov}lion and such holding shall not affect the validity of the reamining portions hereof.
Section 23, ORDINANCES REPBALED, All ordinances and parts of ordinances in conflict with
the provisions of this Ordinance are herebyrepealed,
Section 24. This ordinance being necessary for the safety and welfare of the inhabitants
of the City of West Memphis, an emergency is declared to exist and this ordinance shall be
in full force and effect after its passage,
,r,.•*r
Alderman Eden introduced the ordinance entitled "An Crdinance Prohibiting Smoking And
The Carrying Of Lighted Objects In Specified Places In The City; RedJuiring Enforcement By
Persons Having Control Of Premises; Authorizing The Fire Chief To Prohibit Smoking Where
Necessary To Public Safety; And Prescribing Penalties For Violation Cf Its Provisions"
which was read in full by Alderman Ray,
Alderman Roleson then moved that the rule.re9uiring the reading in full of an
ordinance on three different days be dispensed with, The motion was seconded by
Alderman Lackey, and on the roll being called the voting was as follows:
Ayes: Aldermen: Rowton, Sims, Bowie, Eden, Laekeq, Ray, and Koleson,
Nays: None,
The Mayor declared that more than two-thirds of the members composing the Council had
voted in favor of the motion to suspend the rule and that it was carried. Alderman Bowie
then moved that the ordinance as read be adopted, This motion was duly seconded by Alderman
Sims, and on the roll being called the voting was as follows:
Ayes: Aldermen: Rowton, Sims, Bowie, Eden, Lackey, Ray, and Roleson.
Nays: None,
The Mayor declared that the ordinance had been adopted, and then called attention to
the fact that Section 12, the emergency section, must be adopted upon a separate roll call
in order to be effective,
AldermanRowton then read Section 12 again, Alderman Eden moved that Section 12 be
adopted. This motion was duly seconded by Alderman Roleson, and on roll call the following
voted:
Ayes:. Aldermen: Rowton, Sims, Bowie, Eden, Lackey, Ray, and Roleson.
Nays: None.
The Mayor then declared that the ordinance and the emergency section had been duly passed,
and thereupon he signed the ordinance in open Council meeting, his signature was attested by
the City Clerk under the seal of the Citq,
The ordinance read as follows:
ORDINANCE NO, 394
AN ORDINANCfi PROHIBITING SMOKING AND THH CARRYING OF LIGHTED OBJECTS IN SPECIFIED PLACES IN THB
CITY; REQUIRING HNFORCEMENT BY PERSONS HAVING CONTROL OF PREMISES; AUTl'IORIZING THE FIRE CHIEF
TO PROHIBIT SMOKING WHERE NECESSARY Tp PUBLIC SAFETY; AND PRESCRIBING PENALTIES FOR VIOLATION
OF ITS PROVISIONS,
BE IT ORDAINED by the City Council of West Memphis, Arkansas:
Section 1. DEFINITIONS, For the purposes of this ordinance, the following terms, phrases,
words, and their derivations shall have the meaning given herein. When not inconsistent with
the context, words used in the present tense include the future, words in the plural number
include the singular number, and words in the singular number include the plural number. The
word "shall" is always mandatory and not merely directory.
(1) "City" is the City of West Memphis, Arkansas.
<2) "Council" is the Council of the Citq of West Memphis, Arkansas.
C3) "Person" is any person, firm, partnership, association, corporation, company or
organization of any kind,
Section 2. SMOKING PROHIBITED IN SPECIFIED PLACES, No person shall smoke or carry a
lighted cigar, cigarette, pipe or match, or use any spark, flame or fire-producing device
not specifically authorized for use in such place by the Pire Chief in anq of the following
places:
(1) $etail Stores. Retail stores designed and arranged to accommodate more than two
hundred (200) persons, or in which more than twenty-five persons are employed.
(a) Exception for Approved Areas. The prohibition of (1) above shall not apply to
smoking in rest rooms, restaurants, executive offices os beauty parlors in
retail stores when specifically approved by the Fire Chief by written order
to the person having control of the premises upon a finding that such use
therein is not dangerous to life or property,
(2) Hlevators, Hlevators, regardless of capacity, in anq public place.
(3) Beds in Public Lodging Houses. In beds in (b) hotels, (c) dormitories, (d)
nursing homes, and (e) rooming and lodging houses.
(a) Placarding Required. A printed notice advising the occupant of the effect of
sub-section (3) above shall be posted in a conspicuous place in every sleeping
room of the buildings enumerated in sub-section (3) above.
(4) Public Theaters. During a performance in public theaters, motion picture houses,
or other auditoria used for such purposes.
(a) Exception for Approved Areas. The prohibition of (4) above shall not apply to
smoking rooms and areas and rest rooms when apecificAly approved by the Fire
Chief by written order to the person having control of the premises upon a finding
that such use therein is not dangerous to life or property.
(b) Exception for Performers, The prohibtion of (4) above shall not be construed to
prohibit smoking by performers upon the stage as part of any theatrical production.
(5) Projection Booths. Any projection booth, enclosure or~other room in a public
place in whick any motion picture machine is operated.
(6) Public Conveyances. Street care,.buses, trackless trolleys, or other public
conveyances, except taxicabs.
(7) Dance Floors. Dance floor of any cabaret, restaurant, night-club or other public
place offering facilities for dining and dancing.
Section 3. VIOLATION BY PBRSONS HAVING CONTROL, It shall be unlawfull for any person,
or his agent, having control of any premises or place to knowingly permit any violation of
this ordinance.
Section 4. AUTHORITY OF PIRE CHIEF. The Fire Chief shall have the authority to order
°SMOKING PROHIBITED BY LAW" signs erected in any place of public assembly to where, in his
opinion, smoking, or the carrying of anq lighted cigar, cigarette, pipe or any use of anq
spark, flame or fire-producing device not specifically authorized for use in such place
would constitute a menace to life or property,
Section 5. PLACARDING REQUIRED, Hvery person, or his agent, having control of premises
upon which smoking or the carrying of lighted objects is prohibited by or under the authority
of this ordinance., shall conspicuously display upon the premises a sign "SMOKING PROHIBITED BY
LAW".
Section 6. VIOLATION OF SIGN. No person shall awoke in anq properly placarded place, nor
shall any person remove any placard required to be erected bq or under the authority of this
ordinance.
Section 7, THROWING HOT OR BURNING SUBSTANCES, No person shall throw hot or burning
substances, or objects such as cigars, cigarettes, paper, matches and ashes through windows
and doors of anq building, or public place or from any moving vehicles.
Section 8. PLACING LIGHTED OBJECTS CLOSE TC COMBUSTIBLE MATTER. No person shall throw
or place hot or burning substances, or objects such as cigars, cigarettes, or the contents of
a burning pipe in, upon, or in close proximity to any public or private premises, object or
structure, or any public street or place, where there is any material or condition which is
combustle, or liable to damage by heat, fire, or explosion,
Section 9, PENALTIES. Any person, firm or corporation found violating the provisions
of this ordinance shall be fined in the sum not to exceed Twenty-five Dollars ($25.00) for
each violation thereof. Offenses on separate days shall be deemed to be separate offenses
for the purposes of this ordinance.
Section 10. SEPARABILITY. In the event that anq section, sub-section or any portion of
this ordinance shall be deemed by any competent Court to be invalid for any reason, such
decision shall not be deemed to effect the validity of any other section, sub-section or
other portion of this ordinance.
Section 11. ORDINANCES REPEALED. Any ordinance or part of any ordinance in conflict
herewith is hereby repealed.
Section 12. This ordinance being necessary for the safetq and welfare of the inhabitants
of the City of West Memphis, an emergency is declared to exist and this ordinance shall be in
full force and effect from and after its passage,
**.**
Mr. M. W, Hight shoe, Librarian of the Weat Memphis Public Library, presented
annual report of the Library. Mr, Hightahoe was commended for his work at the
Library, and copy of report of book stock and circulation from July 1, 1959 -
June 30, 1960, was ordeffi filed,
Mayor Price informed Alderman Bowie, who had requested information on rates to
be charged students by the West Memphis Transportation Company, that he had conferred
with Mr. 0. M, Shultz, Jr., Superintendent of the Hulbert-West Memphis Schools, and a
report will be given at a later date as Mr, Shultz is working with officials of the
Transportation Company on the matter,
There being no further business to come before the meeting, Alderman Ray moved
the meeting adjourn, whidi motion was duly seconded by Alderman Eden, and the following
vote wts recorded:
Ages: Aldermen: Rowton, Sims, Bowie, Eden, Lackey, Ray, and Roleson.
Nays: None.
The Mayor declared the meeting adjourned,
MAYOR
- /
ATTES
CITY CLE
APPROVED: SHPTEMBER 1, 1960