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Ord #48

AN ORDINANCE ESTABLISHING A TOWN MARSHAL FOR THE CITY
OF JOHNSON, ESTABLISHING THE POWERS AND DUTIES OF SAID
TOWN MARSHAL, PROVIDING FOR APPOINTMENT OF DEPUTIES
AND PROVIDING FOR THE RATIFICATION OF THE ACTIONS OF
THE POLICE CHIEF OF THE DEPARTMENT OF POLICE FOR THE
CITY OF JOHNSON, AND FOR OTHER PURPOSES.

WHEREAS, the city of Johnson is an incorporated town, and
WHEREAS, incorporated town has the power from time to time
to make and publish ordinances not inconsistant with the Laws
and Statutes of the State of Arkansas necessary to promote and to
provide for the safety, and to perserve the health, and to promote
prosperity, welfare, morals, order, comforts and convenience of the
public and of the inhabitants of the City of Johnson, and to make
such other further ordinances as shall be necessary in the promotion
and furtherance of the public health, safety and welfare of the
City of Johnson and its inhabitants and for the protection of same
as against crime, fire, criminal ~ctivity and actions, and other
anti-social and criminal activity which would violate and afront
public peace and dignity of the City of Johnson, and
\lliEREAS, the City Council of the City of Johnson has determined
that there is a conflict existing between ordinance numbers
34, 42 and 48 and the existing laws and statutes of the State of Arkansas,
and

WHEREAS, the City Council of the City of Johnson herewith
makes and publishes this ordinance within the police power of said
incorporated town and furtherance of and in promotion of the public
health, safety, and welfare.

NOH, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JOHNSON, HASHINGTON COUNTY, ARKANSAS:
SECTION 1: That Ordinances numbered 34, 42 and 48 are hereby
repealed.
SECTION 2: That all past acts, conduct, and activities in
all respects of the previously existing Department of Police,
Chief of Police, his patrolmen and deputies, are herewith ratified

and reaffirmed as though said past actions and activities had been

SECTION 3: There shall be extablished a tmm marshal for
the incorporated town of Johnson .. The said town marshal shall
have the same pm>'er that sheriffs have by law and his jursidiction
shall be co-extensive with the county for offences committed within
the limits of the incorporated Town of Johnson. Said town marshal
shall execute the process that the mayor and collect the same fees
for his services that sheriffs are allowed in similar cases and it
shall be the duty of the town marshal of the incorporated Tmm of
Johnson to suppress all riots and disturbances and breaches of the
peace, to apprehend all disorderly persons in the Town and to pursue
and arrest any person fleeing fr0m justice in any part of the State,
apprehend any person in the act of committing any offense against
the laws of the state or ordinances of the incorporated Town of
Johnson and to forthwith bring such person before the Mayor, or the
City Judge of the incorporated Town of Johnson, or other confident
authority or magistrate for examination or trial.
SECTION 4: The town marshal shall have the power to appoint
one or more deputies, for whose official acts he shall be responsible,
and all persons or parties arrested by any officer of the
state for any violation of any Town ordinance shall be.turned over
to the town marshal which shall be by him taken before the proper
authorities for investigation. Provided further that any such deputy
of the town marshal, as defined herein, may avail himself of and
shall enjoy the same powers of the tmm marshall.
SECTION 5: The salary of the town marshal and his deputies
together with the hours of his appointed duties shall be established
and defined from time to time by further action of the City
Council of the City of Johnson.
SECTION 6:
ALL  actions, activities and scope of
authority of said town marshal or his deputies, shall be constr.ued
as being limited only by the existing constitution, laws, statutes,
and decisions of the court of the State of Arkansas.
SECTION 7: All duties and functions of said town marshal of
the incorporated Town of Johnson and its deputies shall not be

limited by any recitation herein but shall be limited only as
such might be perscribed, limited or authorized by all the existing
laws of the State of Arkansas together with its statutes and
constitutions, as such might exist.
SECTION 8. The term "City of Johnson" for purposes of this
ordinance and all others shall be denoted to be utilized in conformance
with, and to interchangably designate the "incorporated
Town of Johnson". Interchangable usage of the two terms is henceforth
expressly authorized by the City Council of the City of Johnson
inasmuch as certain business of this incorporated town has been
held under the guides of the "City of Johnson" whereas in truth and
in fact, Johnson is a 11 incorporated Town11 within the purview of
Arkansas Statutes Annotated, Section 19-1201. Furthermore, that
nothing hereing set forth or contained shall be deemed to limit or
to detract from the scope of authority or function of the incorporated
Town of Johnson.
SECTION 9. This ordinance being necessary for the peace,
health, and safety of the citizens of the incorporated Town of
Johnson, an emergency is hereby declared to exist; further and that
by reason thereof, this ordinance shall·take effect and be in full
force and effect from and after its day of passage, approval, and
publication.