0129 _V .
ORDINANCE NO. /r/
j AN ORDINANCP FOR THE PURPOSE OF REGULATING.THE
BUSINESS OF, PROFESSIONAL BONDSMEN, PROVIDING
FOR PAYMENT OF AN ANNUAL LICENSE FEE FOR ALL
BONDSMEN DOING BUSINESS IN THE CITY OF JACK -
SONVILLE, ARKANSAS, REPEALING ALL LAWS IN CON-
FLICT HEREWITH, SEVERABILITY CLAUSE, AND PRO-
VIDING FOR PENALTIES FUR FAILURE TO COMPLY
HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE,
ARKANSAS: THAT
SECTION 1. That twenty days after the effective date of
this Ordinance, it shall be unlawful for any firm or person to
conduct or engage in the business of a professional bondsman in
the Municipal Court of the City of Jacksonville, except in the
manner and under the conditions provided in this Ordinance.
SECTION 2. It shall be unlawful for any person or firm to
conduct or engage in the business of a professional bondsman in
the Municipal Court of th city without first obtaining in the
manner herein provided the necessary annual license required by
this Ordinance.
SECTION 3. All applicants for a license to do business as Sec.,.
a professional bondsman in the Municipal Court of this city shall tT rArk
possess the following qualifications;. and in the event the ap- 3( 1
plicant is a firm, all members thereof shall possess these sa
qualifications.
(A). Be a. citizen and resident of Pulaski County, Arkansas
(BO. Be at least twenty -one years of age and of sound mind.
(0). Be of good moral character and reputation.
SECTION 4E. The application for a permit, either for an
original license or for a renewal thereof, shall be in writing,
the original and one copy required, signed and sworn to by the
applicant. In the event the applicant be a firm, each member
thereof shall sign and swear to the application. One copy shall
be filed with the City Clerk and one copy with the Chief of
Police. '
The a pplication shall include the following:
(A) A statement by the applicant setting forth name, age,
business and home addresses of the applicant, if a person. In the
event the applicant is a firm; then the statement shall contain
1
(2)
• the names, ages, business and home address of all members thereof;
together with the name of the firm, date of its organization and
business address.
h (B(. A certificate as to the moral character and reputation
S te,L1L! of the applicant; and of all members of the firm if the applicant
i5arMr1
be a firm; and said certificate shall oontain an affidavit that
Ord,
said applicant (s) has never been convicted of a felony or any
(3/d3/7'4) other offense involving moral turpetuted; and the same shall be
executed under oath by not less than three reputable citizens
of Pulaski County, Arkansas.
(0). An affidavit on the part of the applicant (s) to well
and truly perform all duties required of bondsmen under this
Ordinance.
(D). An annual license fee in the following amounts:
For a person as an individual $ /0 0.d n
For a firm, each person thereof ] 0,0. 4 0
(E) A surety bond in the sum of five thousand ($5,000.00)
dollars in favor of the City of Jacksonville, Arkansas. The ob-
ligors on any such surety bond shall be the applicant and a respon-
sible surety company duly qualified under the laws of the State of
Arkansas provided, however, that in lieu of a surety bond, as
aforesaid, the applicant may as to all or any part of the bond,
deposit with the City Clerk an equivalent amount of cash.
The conditions of the surety bond to be furnished hereunder
shall be substantially as follows:
"Whereas, the said ( professional bondsman)
has been duly licensed, for the year in accordance with
the provisions of Ordinance No. of.the,City of Jacksonville,
Arkansas, as a professional bondsman, authorized to become surety
or provide surety for compensation on any bail bond, recognizance
bond, appeal bond, or other court bond required to be filed in
the City of Jacksonville, Arkansas in any action or proceeding in
the Municipal Courts of the City of Jacksonville, wherein the
City of Jacksonville, Arkansas is a plaintiff, or any appeal
therefrom, and any criminal proceeding in the Municipal Court of
Jacksonville, Arkansas, or any appeal therefrom:
"NOW, THEREFORE,
"( a) If the said (professional bondsman) shall in
.(3)
the case of every bond executed by him during the said year •
as to which a judgment of forfeiture is rendered against him, pay
such judgment within thirty (30) days after the entry of sans,
and,
"(b) If there has been deposited with the said
(professional bondsman) any sum of money or any other property
by any principal upon any bail bond, recognizance bond, appeal
bond, or other court bond required to be filed in the Municipal
court of Jacksonville, Arkansas, upon which the said
(professional bondsman) appears as surety, .and said sum of money
or other property less lawful charges only is returned by the said
(professional bondsman) to the said principal thereon, and
"(c) If the said (professional bondsman) satisfies, any
and all fines and penalties imposed upon him for violation of
Ordinance No. , of Jacksonville, Arkansas.
"Then this obligation shall be void;
"Otherwise, it shall be in full force and effect."
SECTION 5. A permit to obtain or to renew a license to
engage in or conduct the business of a professional bondsman shall
be granted and issued to an applicant if and when the applicant has
complied with the conditions and requirements of this Ordinance
and the rules and regulations adopted by the Judge of the Municipal
Court, in concert with the
provisions of this Ordinance. Upon
presentation by the Municipal Judge of an approved application,
together with all requirements thereof, the City Clerk shall issue
a license and permit as provided under the provisions of this
Ordinance.
Said Permit shall be for the period of one year; beginning
on January 1, and expiring on December 31 of the same year. In
the event application is made on or after the lst day of July of
any year, the license fee shall be one -half of the annual fee;
and the license shall expire on December 31 of the same year.
Applications for renewal of license shall be filed with the City
Clerk and the Chief of Police not less than thirty (30) days
prior to the expiration date of said license.
SECTION 6. (k). It shall be the duty of every professional
bondsman licensed to engage in business in the city, within five
(4)
(5) days after said licensing to adopt an itemized schedule of
fees and charges, as compensation, for services rendered in
connection with the execution of bail bonds, and file said
schedule, properly typed or printed, with the City Clerk, the
Chief of Police and the Municipal Judge. Said schedule shall
be sworn to as the true fees to be charged by said bondsman.
If any change or amendment 1a made in suoh schedule of fees,
notice and copies thereof, properly typed or printed and sworn
to must be given to said City Clerk, Judge and Chief of Police.
(B) No professional bondsman shall enter the City Police
Station or City Jail, for the purpose of obtaining employment as
a bondsman, without having been previously called by a person so
detained or by some relative or other person or officer authorized
by and acting for and on behalf of the person so detained. When-
ever any person engaged in the bonding business shall enter the
City Police Station or City Jail, he shall forthwith state to the
officer in charge thereof his mission there, the name of the
person or officer calling him and requesting him to come to such
place, and the same shall be recorded by the officer or employee
in charge of said place of detention and preserved in a public
record maintained for that purpose, and the failure of the
officer in charge of said place of detention to make and preserve
such record shall constitute a violation of this chapter.
(C) No professional bondsman shall personally or other-
wise solicit business in, at or near the Municipal courtroom or cor-
ridor leading thereto.
(D) Each professional bondsman shall each person,
for whom a bail bond is executed, with an itemized receipt showing
the character of the service rendered and the true itemized amount
of money or other thing of value, paid or given for or in connection
with each item of service rendered. C6pies of suoh receipt shall be
promptly filed with the Clerk of the Municipal Court of the city and
one copy thereof shall be retained on file in the bondsman's office
for inspection.
(E) It shall be unlawful for any professional bondsman to
employ or pay any person to act or serve as agent, solicitor or
runner in conducting said business with the Municipal Court of
(5)
the city, or for securing or sending or referring bail bond bus-
iness or clients either to him or to any other professional bonds-
man; and it shall be unlawful for any person to sot or receive any
compensation as agent, solicitor or runner for a professional
bondsman; or to directly or indirectly receive or take from any
professional bondsman any money or other thing of value av compen-
sation, or as a gift, for securing or sending or referring bail
bond business or clients in any way to or for a professional
bondsman.
SECTION 7. It shall be the duty of the City Clerk to cause
to the typewritten or printed, on or before the 15th of March
1962; and on the 15th of February every year thereafter, a list
alphabetically arranged of all persons licensed under the auth-
ority of this Ordinance to oonduct or engage in the business of
a preofessional bondsman in the city and furnish copies thereof
to the Judge and Clerk of the Municipal Court of the City and to
the Chief of Police of the City. It shall be the duty of the
City Clerk to maintain suffioient numbers of said lists that one
may be made available to any member of the police department
upon request. If and when additional applicants are qualified,
approved, and licensed during the year, such names may be added
at the bottom of the list, without regard to alphabetical order.
When a person in custody in any place of detention shall
request any officer in charge thereof to furnish him the name of
a bondsman, the list shall presented to the person so detained
without recommendation of any name listed thereon. And it shall
be the further duty of the offioor in char & of such place of
detention to put,the person so detained, or his authorized
representative, in communication by telephone or otherwise, with
the bondsman selected and chosen by said person in custody„
within a reasonable time. Said offioer shall make a record in
the blotter or book or record kept in such place of detention
for said purpose, showing the name of the person detained, and
the name of his authorized representative if any, the offense
with which the said person is charged, the time at which the
request and communication was made, the name of the bondsman
requested, and the name of the person by whom the bondsman was
(6)
•
called, which record shall be preserved as a public and per-
manent record in the book or blotter in which entered. It
shall be unlawful for the officer in charge to make any sug-
gestion to, or influence in any way the person in custody
with reference to the choice of a bondsman.
SECTION 8. The license of a professional bondsman may be
suspended or revoked in the following manner:
(A) The Chief of Police, whenever he has knowledge or it
is brought to his attention that a professional bondsman has
violated or is violating any of the provisions of this Ordinance,
is hereby authorized and it shall be his duty to bring the matter
to the attention of the Municipal Judge. The Municipal Judge is
hereby authorized and it shall be his duty to acts such bondsman
to appear before him on a day certain to show cause why his
license should not be suspended or revoked. Said citation shall
state the reason and grounds for its issuance and the date, hour
and place of the hearing, and shall be served on the bondsman
personally.
(B) It shall be the cuty of the bondsman cited to appear
personally at the time and place of the hearing named in the
citation. He shall have the right at such hearing to be repre-
sented by counsel, to introduce witnesses on his behalf, and at
his own expense have the testimony given at such hearing trans-
cribed.
(C) The Municipal Judge is authorized to summons witnesses
to appear at such hearing, and to administer oaths.
(D) If after such hearing the Municipal Judge determined
that there is good and sufficient reason for the suspension or
revocation of the bondsman's license, he shall enter an order
effecti immediately to such effect and so notify the bondsman,
either personally in open oourt or by registered mail with a re-
turn receipt requested. The Municipal Judge shall give notice
of the suspension or revocation of said license, as the case may
be, to the officials and officers mentioned herein; and after re-
ceiving such notice, it shall be the duty of the City Clerk to
remove the name of the said suspended or revoked bondsman from
all lists.
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SECTION 9. All laws or parts of laws, Ordinances-or parts
of Ordinances in conflict herewith are hereby repealed or amended
to comply herewith.
SECTION 10. It is specifically hereby ordained by the City
Council of the City of Jacksonville that in the event one er
more Sections of this Ordinance are deemed to be unconstitutional
void or illegal for any reason whatsoever, the illegal Section
will not nullify or void any other Section hereof.
SECTION 11. Whereby there is an urgent need for orderly and
controlled supervision of professional bondsmen so that the
citizenry can exercise their constitutional rights quickly, ef-
ficiently and conveniently with a minimum of interference with the
functions of the judicial and law enforcement branches of our
Municipal Government; therefor, there is an immediate need for the
foregoing Ordinance and an emergency is hereby declared to exist,
and this Ordinance being necessary for the immediate preservation
of the public peace, health, and safety sheathe in full force
and effect from and after its passage and approval.
APPROVED:
Mayor
>' i
ATTEST: l i � Cl
City y
C aZ : c. / -'9.6--