Legislation Details

File #: ORD-1902:002    Version: 1 Name: Penalties for breach of peace and carrying and selling weapons
Type: Ordinance Status: Passed
File created: 5/26/1902 In control: City Council
On agenda: Final action: 5/26/1902
Title: ORDINANCE SETTING OUT THE PENALTIES FOR BREACH OF PEACE AND CARRYING AND SELLING WEAPONS WITHIN THE CITY OF JONESBORO
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ORDINANCE SETTING OUT THE PENALTIES FOR BREACH OF PEACE AND CARRYING AND SELLING WEAPONS WITHIN THE CITY OF JONESBORO

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If any person shall willfully or maliciously disturb either by day or night the peace and quiet of the City of Jonesboro or any neighborhood or family therein, by loud or unusual noise or abusive, violent or obscene or profane language whether addressed to the party so disturbed or to some other person, or by threatening to fight, quarrel or challenging to fight, or firing or shooting off any firearms or brandishing the same, or by running any horse at unusual speed along any street, alley or highway, or by alarming falsely any person or persons by cries that cause such person or persons to believe someone is in great danger of losing life or receiving injury, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any amount not more than Three Hundred Dollars, or imprisoned not less than one month nor more than six months, or both, at the discretion of the Court.

 

If two or more persons assemble together for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by the Chief of Police, or other public officer of the City or the County, all persons so offending shall on conviction thereof be severally fined in any suit not less than Ten nor more than One Hundred Dollars, or imprisoned not less than one nor more than three months, or both.

 

If any person shall make use of profane, violent, abusive or insulting language toward or about another person in his presence or hearing, which language in its common acceptance is calculated to arouse to anger the person about or to whom it is spoken or addressed, or to cause a breach of the peace or an assault, every such person shall be deemed guilty of a breach of the peace and upon conviction thereof shall be punished by a fine of not less than Five Dollars nor more than Three Hundred Dollars, or imprisonment for not less than one nor more than six months.

 

Every person who shall draw a pistol, gun or any other deadly weapon upon any other person, for the purpose of frightening or intimidating him from doing or attempting to do any lawful act, and when such person drawing such pistol, gun or other deadly weapon is not justified in self-defense for so doing, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than Five Hundred Dollars nor more than One Thousand Dollars, and be imprisoned for not exceeding twelve months.

 

The shooting of any firearms within the limits of the City of Jonesboro, except in cases of necessity, shall be unlawful and any person convicted thereof shall be fined in the sum of One Dollar.

 

Every person who shall take or keep possession of any real estate by actual force or violence, without the authority of law, or who being armed with a deadly or dangerous weapon, shall by violence to any person entitled to the possession, or by putting in fear of immediate danger to his person, obtain or keep possession of any such real estate or property without legal authority shall on conviction be fined not less than Fifty Dollars and be imprisoned not less than one year.

 

Any person who shall wear or carry in any manner whatever as a weapon, any dirk or bowie knife, or a sword or spear in a case, brass or metal knucks, razor or pistol of any kind, whatever, shall be guilty of a misdemeanor. Provided, nothing in this act shall be so construed as to prohibit any person from carrying such pistols as are used in the Army or Navy of the United States when carried and uncovered and in the hand. Provided, officers whose duties require them to make arrests or to keep and guard prisoners together, with persons summoned by such officers to aid them in the discharge of such duties, while actually engaged in such duties, are exempt from the provisions of this Act. Provided further, nothing in this Act shall be so construed as to prohibit any person from carrying any weapon when upon a journey or upon his premises.

 

Any person except such officers and persons upon a journey as are mentioned in the foregoing section, who shall wear or carry any such pistol as is used in the Army or Navy of the United States, in any manner except uncovered and in his hand, shall be guilty of a misdemeanor.

 

Any person who shall sell, barter or exchange or otherwise dispose of or in any manner furnish to any person any dirk or bowie knife, or a sword, or a spear in a cane, brass or metal knucks, or any pistol of any kind whatever except such as are used in the Army and Navy of the United States, and known as the Navy Pistol, or any kind of carridge for any pistol, or any person who shall keep any such arms or cartridges for sale, shall be guilty of a misdemeanor.

 

Any person convicted of a violation of any of the provisions of the preceding three sections shall be punishable by a fine of not less than Fifty Dollars nor more than Two Hundred Dollars, or by imprisonment in the County Jail of not less than thirty days, nor more than three months, or by both fine and imprisonment.

 

Passed and adopted this May 26, 1902.