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HomeMy WebLinkAboutORD 32-KAN ORDINANCE REPEALING ARTICLE 63, -CHAPTERS OF AN ORDINANCE EN - .TITLED -11 AN - ORDINANCE PROVIDING -FOR_ -THE ADOPTION AND PUBLIC- ATION OF THE REVISED CODE. OF ORDINANCES OF- THE'C ITY - OF BEAUMONT., REVISEDD-BY MC DOWELL AND DAVIDSON, AND PROVIDING -FOR THE PRINT- IhTG_ THEREOF" ---AND AMENDING THE SAME-- SO ..AS TO C OTiFO1UVV WITH ARTICLE. 793 OF -THE- CODE OF CRIMINAL'PROGEDURE- REVISED CRIMINAL - STATUTES OFTEXAS",1925VAS ADOPTED BY -THE FORTY -THIRD -LEGISLAT- URE OF TEXASI''ACTS 1934- 2nd C. S. H.. -B. #-125,, -SECTION- 1; SO AS TO ALLOW A -DEFENDANT WHO IS 'C ONVICTED OF A MISDEIYEAN OR IN THE CORPORATION .CGUET OF THE CITY OF BEAUMONT AND ASSESSED.A PECUNIARY FINE, AND WHO IS UNABLE TO -PAY SUCH FINEj A CREDIT OF THREE - DOLLARS ($3.00) PER DAY UPON. SUCH ,FINE AND COSTS., FOR'EACH_ DAY SUCH DEFENDANT IS IMPRISONED IN. THE CITY JAIL OR IS WORKED- UPON PUBLIC IMPROVEMENTS., REPEALING ALL ORDINANCES IN CONFLICT THE RE r WITH AND DECLARING -AN EMERGENCY. BE -IT ORDAINED BY THE CITY COMMISSION- OF THE CITY OF BEATJMONT: �Section 1. When a:defendant is.convicted of a.misdemeanor in the Corporation Court of the City of Beaumont and his punishment is assessed ,at a pecuniary fine, if he is'unable-to pay the; fine and costs adjudged- agailast'him, he may for-buch time as will sat- isfy the judgment be put to work.. in the w6rk-house or the.City- Farm, or streets, alleys or other public improvements within the city limits of the City, 'of Beaumont.,- or if there be,no 'such work- house, farm or improvements., he shall..be imprisoned in the city jail for abuff idient 1-ength--of time to' -discharge the full amount of fine and costs adjudged against him; .rating such labor .or imprisonment at Three D6llars_.'.(6'3.00) for each-day.thereof. Section 2. Where a person is convicted by the Corporation Court of the City of Beaumont -and his punishment assessedata pecuniary fine and thep arty so convicted is unable to pay the, fine and costs adjudged against -him., such per -sons may be required to do manual labor in accordance with the.proVisions of this ordinance under the following rul6s and regulations. (l)- Such persons shall'be required -to labor -not less than eight -(8) nor more than - ten (10) hours each day., Sundays ex-- cepted. No person shall ever be required to work for m or, 1 than six months.. (2) Any person 'who refuses -to labor or -is' otherwise' refractoryor insubordinate will be punished in solitary confine- ment on bread -and water or in such -other manner as the City Commission may direct. (3) When not at labor, such persons.may'be confined in the city jail or the work -house, as may be most convenient, - or as the regulations of -the City Commission may prescribe. (4) All -female persons shall in no case be required to-do manual labor except in the work -house. (5) One who::,.: from age, disease,. or other physical or mental disability is unable to do manual.labor shall not.be re- quired to -work but shall remain in jail.until his term of im- prisonment is ended or.until the fine or costs adjudged against him are discharged according to law. His inability to do manual labor may be determined by the City Health Officer of the City of .Beaumont. (6) One convicted of a misdemeanor and whose punish- ment is assessed at a pecuniary fine, and who is unable to pay such fine.,_ may avoid manual labor by payment to the City Clerk of One Dollar ($1.00). for each day of the term of his imprison- ment, and the receipt of the City Clerk to.that effect shall be sufficient authority for -the -Chief of Police to detain such prisoner -in jail without labor. Section 3. Nothing in.'this ordinance shall -be construed so as to prevent any person heretofore fjeferred to in either Section One (1) or Two (2) hereof, from being discharged from custody at any time upon the payment of the .balance due upon such fine, and costs.adjudged against him, after having received credit as here- inabove provided for each day of imprisonment or labor; further provided, that in no case shall the convicted person be confined in the city jail of the City of Beaumont, or be required to labor, as heretofore set out, -for a longer time than six months for fail- ure to pay such fine and costs. L Section 4. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed'in-so far as they con- flict with the provisions of this ordinance. The fact that prisoners in the city.jail who -are un- able to pay their fines and costs are being allowed ata credit thereon _of -only One Dollar .($1.00) per day, and in as much as such rate is unlawful in that it is in conflict with the general law as provided in Article. -793 of the Code of Criminal Procedure, Revised'Criminal Statutes of Texas, 1925, creates.an emergency necessitating the suspension of. the rule.re.quiring ordinances to .be read on three (3) .separate days before final passage; V{Ihere- f ore, said rule is hereby suspended and this ordinance shall take effect from and after its passage. Passed by the affirmative vote of all members of. the Commission -this the- 19th- day of June, A. D.- 1934. MAYOR, of the City of Beaumont. "