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1717ORDINANCE NO . l ~ ~ r AN ORDINANCE TO AUTHORIZE THE USE OF CITY PRISONERS AT MANUAL LABOR IN ANY WORKHOUSE, FARM, STREET, ROAD, BRIDGE, OR OTHER PUBLIC WORK IN CRITTENDEN COUNTY WHICH SHALL BE OWNED, OPERATED, OR CONDUCTED BY THE STATE OF ARKANSAS, CRITTENDEN COUNTY OR THE CITY OF WEST MEMPHIS, AND FOR OTHER PURPOSES. WHEREAS, A.C.A. § 12-42-105 provides that any person who may be convicted of a misdemeanor or petty offense by any court in this state and who shall be committed to jail to serve a sentence imposed by any court of competent jurisdiction or who shall be in default of the payment of the fine and costs adjudged against him may be required to discharge the sentence or fine and costs by manual labor in any workhouse, farm, street, road, bridge, ar other public work in the county where the conviction and committal were had, provided that the workhouse, farm, road, street, bridge, or other public work shall be owned, operated, or conducted by the State of Arkansas, any county thereof, or a city or incorporated town within the State of Arkansas; and WHEREAS, the mayor, when authorized to do so by an ordinance duly adopted by the city council, is authorized and empowered to ~,,, make a contract with any other county, city, or town for the maintenance, safekeeping, and working of prisoners committed to the city jail except prisoners awaiting trial; and WHEREAS, if the mayor is unable to make a satisfactory contract with some county, city, or incorporated town, or if the contract does not cover all persons committed to jail to serve a sentence or in default of the payment of a fine and costs adjudged against him, the city council or the mayor may order the prisoners worked on any public streets, alleys, public buildings, public ~. parks, or any other public improvements of the city or may order them to perform any other lawful labor for the benefit of the city, under such rules and regulations not inconsistent with the provisions of A.C.A. § 12-42-101 et seq., as the mayor and city council may prescribe; and WHEREAS, the Police Commission of the City of West Memphis has considered and recommended to the City Council the adoption of a program for manual labor to be performed by city prisoners in conformance with the provisions of A.C.A. § 12-42-101, et seq.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: 1. Any person who may be convicted of a misdemeanor or petty offense in the West Memphis Municipal Court and who shall be committed to jail to serve a sentence imposed by any court of competent jurisdiction or who shall be in default of the payment of the fine and costs adjudged against him may be required to discharge the sentence or fine and costs by manual labor in any workhouse, farm, street, road, bridge, or other public work in Crittenden County, Arkansas, provided that the workhouse, farm, road, street, bridge, or other public work shall be owned, operated, or conducted by the State of Arkansas, Crittenden County, or the City of West Memphis. 2. No city prisoner shall be allowed to work on any public work or improvement whatever where there may be a danger of his escape; nor shall he be compelled to labor at any kind of business 2 ~+ or in any avocation that would tend to impair his health or strength. 3. An inmate performing such manual labor as herein authorized shall receive compensatory time in the amount of one (1) additional day's credit against his sentence for each day's labor. The Municipal Court shall determine what constitutes a day's labor. 4. The mayor is hereby authorized and empowered to make a contract with any other county, city, or town for the maintenance, safekeeping, and working of prisoners committed to the city jail, except prisoners awaiting trial, in accordance with the provisions of A.C.A. § 12-42-101, et seq. 5. In the event the mayor is unable to make a satisfactory contract with some county, city, or incorporated town, or if the contract does not cover all persons committed to jail to serve a sentence or in default of the payment of a fine and costs adjudged against him, the city council or the mayor may order the prisoners worked on any public streets, alleys, public buildings, public parks, or any other public improvements of the city or may order them to perform any other lawful labor for the benefit of the city, under such rules and regulations not inconsistent with the provisions of A.C.A. § 12-42-101, et seq., as the mayor and city council may prescribe. PASSED AND APPROVED t h i s ~_ day o f ~Luc.er*~~`~ , 19 9 5. ~ ---' AL BOALS, MAYOR 3 ATTEST: DAN , CI E SPONSORED BY: