HomeMy WebLinkAboutOrdinance 880 ORDINANCE N0. 880
An Ordinance to Suppress and Punish Immoral Practices ; To Suppress the
Spread of Communicable Diseases ; To Provide for Examination of
Persons, Including Those Convicted of Vagrancy; To Determine the
Presence of Venereal Disease in a Communicable Stagej To Provide
for the Isolation of Infectious Cases ; Declaring Violations of
the Ordinance to Constitute a Misdemeanor., and Fixing a Penalty
Thererefor; Declaring an Emergency, and for Other Purposes .
Be It Ordained by the City Council of Fayetteville, Arkansast
Section 1. Eveiy female who shall in the city of Fayetteville,
Arkansas offer or tender herself for the purpose of prostitution, or who
shall be in the habit of receiving or making visits therefor, shall, to.
gether with her male paramour or visitor, be guilty of a misdemeanor and
the violation of this ordinance.
Section 2. Any Person found guilty in Municipal Court •of violating
Section 1 of this ordinance shall be fined in any sum not lose than $25.00
nor more than $100. 00 or imprisoned for not less than ten (10) days nor
more than thirty (30) days or both fine and imprisormnent for the first
offense, annd . for each subsequent offense shall be fined in any sum not less
than $50. 00 nor more than $150. 00 or imprisoned for not less than thirty
days nor more than sixty days , or both fine and imprisonment.
Section 3. Illicit sexual intercourse within the City of Fayetteville,
Arkansas, is hereby declared to be a misdemeanor, and every female who shall
in the City of Fayetteville, Arkansas submit herself for the purpose of
illicit intercourse, or who shall be in the habit of receiving or making
visits therefor, shall, together with her male paramour or visitor, be guilty
of a misdemeanor and a violation of this ordinance.
MICROFIeLMfD 1978
DATE
REEL I
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Section 4. Any person found guilty in Municipal Court of violating
Section 3 of this ordinance shall be fined in any sum not less than 015.00
nor more than 8100.00 or imprisoned for aiW period of time not to exceed
ten (10) days or both; and . for each subsequent offense shall be fined not
less than 025. 00 nor more than 0100. 00 or imprisoned for. any period of
time not to exceed thirty (30) days, or both.
. Section 5. !Whenever any person is found guilty of violating Section 1
of this ordinance , or of violating Section 3 of this ordinance, or if found
guilty of vagrancy, the Municipal Judge or the City Health Officer is author-
ized to cause such person to be detained and examined by the City Health
Officer, or by any physician designated by the City health Officer by use of
the necessary tests and examinations, including the Wasserman blood test, to .
ascertain the presence of any veneral disease in a communicable stage ; pro-
vided, that any evidence so acquired shall not be used against any such
person in any criminal prosecution. Any person for mom a physical exami-
nation is ordered under this ordinance who does not make other arrangements
satisfactory to the Court shall be delivered to the Health Department of
the Police Department; and the Police Department shall resume custody of
such pardon following the examination.
Section 6. V%enever any person is found guilty of violating Section 1
or Section 3 of this ordinance, or is found guilty of vagrancy, and the
Municipal Judge does nmt order, a physical examination of such person, the
fact of such conviction shall , immeediately be reported by the Clerk of the
Municipal Court to the City Health Officer; and the Police Department shall
cause said person to be delivered into the custody of the Fayetteville
Health Department for the physical examination mentioned in Section 5 of
this ordinance on request of the Hedth Department; and, upon being requested
by the Health Department, the Police Department shall forthwith resume
custody of said .person at the place of examination. .
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Section 7. Ahenover the City Health Officer has reasonable grounds
to believe that arV person is suffering from any veneral disease in an
infectious stages he is authorized to cause such suspect to be apprehended.,
by any person or persons he may designates and detained, and examined by the
necessary tests and examinationss including the Wasserman blood test to
ascertain the existence of said diseases or any of them, and to quarantine
said person examined for a reasonable time, pending determination of the
outcome of the tests, provided that any evidence so acquired shall not be
used against such person in any criminal prosecution.
A "suspect" is defined as one whose name has been furnished the local
health authority# through sources the health authority considers reliable, as
a contact to a person who has developed an infectious veneral disease sub-
sequent to said contact; a suspect is also considered to be one (female ) who
resides in a hotel, boarding house, or other public house not engaged in
legitimate gainful employment and not living with a spouse men reliable
information has been furnished the city health officer that an exposure to
venereal infection did occur in the place of residence indicated above.
Suspect is interpreted broadly.
Section 8. lihenever any person after the examination provided in
Section 5 of this ordinance, or after the examination provided in Section 7
of this ordinance is found to be infected with a venereal disease in a
communicable stage, the City Health Officer mays either immediately, or
pending the imposition of, or at the expiration of aqy fail sentence imposed
on such persons when in the exercise of his discretion said public health
officer believes that the public health requires its commit such person
,:found to be infected with a venereal disease in a communicable , stage to a
hospital or other place in the State of Arkansas designated by the City
Health Officer as a place of quarantine for such treatments even over the
r objoction of such person so diseased or infected, provided the commitment
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can be done without endangering the life of the patient.
Section- 90 Any person vhio, after examination provided in Section 5
and in Section -7 of this ordinance, is found to be infected with a venereal `
disease in a communicable stage and is cam fitted to hospital or other place
of quarantine as provided in Section 8 of this ordinance or after being found
to be so infected, who fails to takes at the time or times, and / or in the
manner prescribed by the City Health Officer, the treatment specified by the
City Health Officer to protect the public health, shall be punished as for
contempt of court, and shall be guilty of a misdemeanor and on conviction
shall be fined in ary sum not less than $25.00 nor more than $200.00.
Section 10. All ordinances and parts of ordinances in conflict herewith
are hereby repealed:
Section ll* if any part, phrase, clause, section, or eub-section of
this ordinance be held to be unconstitutional or invalid, such unconstitutionm
ality or invalidity shall not affect the validity Of the remaining portions
of this ordinance. The City Council hereby declares that it would have passed
the remaining parts of this ordinance if it had known that such part, phrase,
clause, section or sub-section would be declared unconstitutional.
Section 12. Whereas, the suppression and punishment of vice and immoral
practices in the City of Fayetteville is a metter .of great public concern and
directly affects the public -health and welfare, an emergency is hereby declared
to exist and this ordinance shall be in full force and effect from and after
its passage and approval.
Passed August 7, 1944.
Approved:
George T. Sanders
Mayor Pro Tem
Attests
J. W. McGehee, City Clerk
