THE REGULATIONS, BY-LAWS AND ORDINANCES OF THE TOWN OF SALEM
Adopted February 2, 1858
The Regulations shall be:
1st. Those setting forth the duties of the Mayor and Commissioners, and such as may be required for the government of their body. These are styled By-Laws.
2nd. Those to be observed by the Police officers appointed by the Commissioners (say Constable, Night Watchmen, and Patrols) and by the inhabitants of the town.
These will be styled Ordinances.
No. 1. The duties of the Mayor will be to have the general supervision of all the municipal affairs of the town. The public morals, the town revenue and its disbursements, the streets, and them being kept in repair, the efficiency of the Constable, Night Watchmen, and Patrols, and the strict observance of all the By-Laws and Ordinances, are made his immediate care. To him are all the officers of the town, and all the agents and employees accountable.
He shall at least every six months, report in writing to the Commissioners the condition of the Town Treasury, setting forth how much has been received, and from what sources, and how much has been paid out and for what purposes.
He shall also further report in writing what may be of general interest and suggest what action he thinks the Commissioners should take for the well governing of the community.
No. 2 It shall require four Commissioners to form a quorum to do business.
No. 3 The rules generally observed in governing public bodies, shall be observed in the deliberations of the Board of Commissioners.
No. 4 The Commissioners shall annually elect by a majority of members a Town Treasurer, who shall give a bond in the sum of Two Thousand Dollars with good securities for the faithful discharge of his duties. The Treasurer shall receive from the Town Constable all the taxes, fines, etc., he should collect, insisting on settlement at least every three months; and he shall report every six months (and oftener if required) in detail to the Mayor the condition of the Town Finances.
The Treasurer shall likewise act as Secretary of the Board of Commissioners; and for the discharge of the duties of both offices combined he shall receive the sum of Twenty Dollars per annum.
No. 5 No money shall be paid out unless on a warrant that shall have been passed on by the Board of Commissioners, signed by the Mayor or President of that body and countersigned by the Secretary.
No. 6 the Constable shall be elected annually and give bond with good sureties in the sum of Two Thousand Dollars for the faithful discharge of his duties. At least every three months (and oftener if called on) he shall settle with the Treasurer, and by the first of October of every year he shall pay up all the taxes he has or should have collected in the town of Salem.
The Constable's compensation shall be four percent on taxes collected, and what costs may be due him on business done.
Ordinances concerning fire
No. 1. No person shall keep any hay, straw, or fodder in any building where any fire is kept either constantly or occasionally; or in any place peculiarly exposed to the danger of fire.
Penalty...Five dollars for each offense.
No. 2. No person shall carry or suffer to be carried any candle, lamp, or other light---except in a safe lantern---or a lighted cigar or smoke pipes, into any stable, barn or other house where there may be hay, straw, or fodder.
Penalty...Ten dollars for the first and four dollars for every subsequent offense.
No. 3. No person shall keep in his store or house within two squares of Main Street, more than two kegs of powder. Any powder so kept must be carefully secured in tin canisters.
Penalty...Twenty dollars for each offense.
No. 4. No person shall use any wooden chimney or any fireplace, without good, sufficient and safe jams and hearth.
Penalty...Five dollars for each offense.
No. 5. Any person whose chimney or stovepipe shall take fire or burn, except in wet weather shall be subject to the penalty of four dollars.
No. 6 No person shall exhibit, set fire to or explode any fireworks or raise any balloon within the limits of the town unless by the written permit of the Mayor; and shall any person use or carry fire in any of the streets or thickly settled parts of the town, in a careless or nonlegal manor.
Penalty… Ten dollars for each offense if committed by a free person; and not less than ten or not more than twenty lashes if committed by a slave.
No. 7. No person shall fire a gun or pistol, or make any explosion with gun powder for purposes of sport or amusement, within the incorporation unless by the written consent of the Mayor.
Penalty...One dollar for each offense.
No. 8. No person shall keep unleashed ashes in any vessel made of wood or other combustible material; nor run a stove pipe or chimney through the wall, ceiling or roof of his building in such a manner that the catching fire of such pipe or chimney might endanger his, or his neighbor's property.
No. 9 The Mayor, or any two Commissioners shall have the right to enter on any persons premises to examine whether in the construction of new buildings or the altering or keeping in repair of old buildings due regard is had to the security against fire. And if they discover any construction, alterations or wants of repair that is such in accordance with these ordinances in that in their opinion might endanger the property of the owner or his neighbor, such discovery shall be reported to the Board. Any order that they may make shall be binding on the person’s building, altering, or neglecting to repair. So also if the Boards consider that in buildings already erected, alterations should be made on new buildings or parts of buildings be removed to render that property more secure against the danger of fire, the owner should be bound to obey their orders.
Penalty… Any person refusing or neglecting to comply with any order so made, shall be fined from day to day at the discretion of the Mayor until he comply.
Ordinance concerning Morals
No. 10. No person shall play any game of skill or hazard for money or property within the corporate limits.
Penalty...Ten dollars if committed by a free person, and twenty lashes if committed by a slave.
No. 11. It shall be the duty of the police officers constable, night watch and patrol or either of them to arrest all persons, white or colored who shall be found intoxicated in any of the streets of this town or who shall disturb the peace and quite of the citizens by loud noises, cursing or swearing or otherwise, and bring them before the Mayor whose duty it shall be to commit the offender if intoxicated to the Watch House until he becomes sober and to sentence each white person arrested as above to a fine of not less than one nor more than five dollars, to each free negro or slave to not less than ten nor more than thirty-nine lashes. And in case the fine and cost be not paid, the Mayor shall have power to commit the offender to the Watch House at discretion, not exceeding ten days. Should at anytime any person intoxicated or disturbing the peace and quiet of the citizens as above set forth from any cause not be first handed taken before the constable or other officers, the Mayor or shall have proven at anytime to bring the offender before him in a warrant and deal with him as though taken in the act according with the provisions of this ordinance.
Ordinances concerning the Streets
No. 12. No person shall run, ride, or drive a horse or horses at a speed greater than seven miles per hour, through any of the streets of this town, under a penalty of Five Dollars. Nor shall any person ride or drive upon any of the sidewalks nor hitch his horse to any fence, tree, or post so as to block the sidewalk.
Penalty… One dollar for each offense if committed by a free person and not more than ten lashes if committed by a slave.
No. 13. No person shall exhibit a stud horse or jackass in any of the streets of this town.
Penalty… Five dollars for any offense and if not paid on demand, the horse to be seized and the money paid.
No. 14. No person shall sell, barter, or give away on any of the streets of this town any wine or spirituous liquors of any kind by any quantity less than a gallon.
Penalty…Ten dollars for every offense.
No. 15. No person shall deposit the carcass of any dead animal of any street or on any lot nor any person suffer such carcass to remain upon their premises within the limits of the town.
Penalty…Five dollars for a free person and thirty lashes for a slave.
No. 16. No person shall obstruct any street, street gutter or sidewalk by placing in or on them anything except the necessary step, portico, or piazza to enter his home.
Penalty...One Dollar for every day obstruction remains after notice to remove.
No. 17.It shall be the duty of any owner or lessee of a house or building lot in the Town of Salem to have before his or her lot a good sidewalk of such width, grade and material as the Board of Commissioners may from time to time direct.
Penalty...One Dollar for every day after due notice.
No. 18. No building shall hereafter be affected, that shall require for its entrance any step portico or piazza that may obstruct the sidewalks.
Penalty…Any person so building an obstruction shall be fined from day to day at the discretion of the Mayor until the obstruction be removed.
No. 19. No person shall feed any stock on the sidewalk.
Penalty...Ten Dollars for every offense.
No. 20 .No person shall leave his wagon, carriage or other vehicle standing on the streets or sidewalk over night, nor shall any person fly or attempt to fly any kite in the Main Street of this town.
Penalty...Two Dollars for every offense.
No. 21. No person shall maliciously or mischievously pull down, cut or otherwise injure any of the trees or public square.
Penalty…Five Dollars for every offense and if committed by a slave and the fine not to be paid by his master twenty lashes.
No. 22. No person shall break or in any way injure any of the public lamps, lamp posts, pumps, wells, ladders, fences about the public squares, fire apparatus, horse troughs, racks, or other fixtures put up for the public ornament or convenience.
Penalty...Ten Dollars for every offense, over and above the amount required to pay the damage if committed by a free person and twenty lashes if committed by a slave.
No. 23. No person shall after the first of April next permit any slut, goat, or breeding sow to run at large in the streets of this town; and if any slut, goat or sow so running at large shall be taken up by the Town Constable, advertised and if not redeemed by the owner in ten days by paying him five dollars as fine, and twenty cents per day for feeding, shall be sold. One half the fine to be returned for the use of the town and one half to be retained by the officer.
No. 24. No hogs other than breeding sows after 1st of June next shall be permitted to run at large in the streets of this town, unless they wear a badge as a permit, attached to the leather collar around the necks. Such badge can be obtained from the Town Constable, and will protect one hog for the current year. Any hog not wearing such badge shall be taken up by the Town Constable, advertised, and if not redeemed in ten days by the owner, paying him Ten Dollars as a fine and Twenty Cents per day for feeding, shall be sold. One half to be retained for use of the town, and one half to be retained by the officer.
No. 25. No cow or other livestock may cause trouble on account of vicious and mischievous habits shall be permitted to run at large in the streets and any cow or other stock pronounced by the Boards to possess such habits shall be confined by the owner upon due notice given. When again found a large, such cow or other stock is to be taken up by the Town Constable, and advertised and if not redeemed in ten days, by the owner paying five dollars as a fine and twenty cents per day for feeding shall be sold; the half to be returned for the use of the town, and one half to be retained by the officer. No hog posses of such habits shall be protected even by a badge.
No. 26. No slave shall appear in the streets or public square of this town between the hours of 9:15 PM and 4 AM either with or without a written permit or pass unless such slave be especially sent in case of sickness or other emergency. Penalty-Fifteen lashes; and in case of insolence to the Police Officer, not more than thirty lashes.
No. 27 When a slave shall be take up and whipped according to the forgoing ordinance, the owner and employer of the said slave shall pay to the police officer the sum of fifty cents, as a fine for permitting his slave to be out at unreasonable hours, which sum the police officer shall be obtained for his own use. In case of refusal of such owner or employer to pay such fine, it shall be collected from him by warrants and execution, as in other penalties.
No. 28. Every person of color shall be treated as a slave by the Constable, Patrols and Night Watchmen, until such person addresses satisfactory evident of his being free.
N0. 29 No free person either white or colored, shall in the nighttime in or the Sabbath day, be in company of or associate with any slave or slaves in any kitchen or outhouse other than his own.
Penalty-The Constable, Patrol or Night Watchmen shall taken any offenders against this on demand before the Mayor, who upon conviction shall infuse a fine of not less than two and more than ten dollars. Upon failure to pay such fine and costs, the offender, if a while shall be imprisoned at the discretion of the Mayor; if colored shall receive not less than twenty nor more than thirty nine lashes.
No. 30. It shall be the duty of the Night Watchmen to make their headquarters in the Watch House, and at least once ever hour between 11 PM and 4 AM patrol every portion of the beat assigned them by the Commissioners; to sound the hour, strike the bell, attend to the watch clocks and do such other service as police officers as the Board may form time to time direct. They shall have an eye especially to the danger from fire; and if they discern anything to arouse their apprehensions, they shall forthwith give the alarm to the residents of the endangered building; and if their apprehensions prove well founded, give the general alarm. They shall have all the powers and duties of patrols, and shall see that the Ordinances for the Town of Salem shall be strictly observed, and shall report any violations of same to the Mayor. The duties of the Patrols are not curtailed by the appointment of the night watch.
No. 31 Any fines or penalties for violating any of the Ordinances of the Town of Salem, incurred by a minor shall, together with the costs, be received from the parent, guardian or master of such minor.
No. 32 Any penalties imposed by the Ordinances of the Town of Salem if not fully paid, shall be sued for in the name of the Commissioners of the Town of Salem and when collected, one half shall be paid to the Town Treasurer and one half shall be retained by the collecting officer, in addition to the regular . The costs allowed to the Town Constable shall be the same as those received by regular constable for similar services.
These ordinances to go into effect from and after the 16th of March, 1857.
Charles Brietz, Mayor
C. L. Rights, Secty. (Vol 1- 48-58)
Ordinances of the Town of Winston Adopted by the Board of Commissioners
June 5th, 1876
Be it ordained by the Commissioners of the Town of Winston, as follows:
Precautions Against Fire
1. That the Mayor shall appoint a Committee of three, whose duty it shall be to examine all the buildings within the corporate limits of Winston, and report any that may be found insecure against fire. If said committee shall discover any building that they may deem not safe, they shall point out to the owner or occupant thereof what alterations shall be made, any person whose duty it shall be to make such alteration and refuse to do so, after due notice thereof, shall, upon the warrant of the Commissioners, be fined one dollar for each and every day he or she may neglect to make such repairs.
2. That no person shall carry, or suffer to be carried, any Candle, Lamp, Lighted Cigar or Pipe, or any other light (except a lantern) into any barn or other out-house, where there may be hay, straw or fodder; and any person so offending within the corporate limits of said town shall forfeit and pay one dollar for each offense.
3. That every owner or occupant of a house within the corporate limits of Winston, who shall suffer his chimney to burn out, during a dry time, shall forfeit and pay for each offense one dollar.
4. That no person shall fire or discharge any fire-cracker, sky-rocket, match-pistol, or other fire works, or explode material upon any street, sidewalk, or lot within the Town, without leave first obtained from the Mayor, under penalty of one dollar for each offense.
5. That no person shall keep unleached ashes in any vessel made of wood or other combustible material within fifteen feet of any building; nor run a stove pipe or chimney through the wall, ceiling, or roof of his building, in such manner as to endanger his or his neighbor’s property. Any person violating either of the provisions of this ordinance shall forfeit and pay five dollars for each offense.
6. That any person moving or using the Hooks and Ladders belonging to the corporation of Winston, except in case of fire, shall forfeit and pay for each offense five dollars.
1. That any citizen of the Town of Winston, or owner of a lot therein, or any person, who shall obstruct or suffer to be obstructed the side walks, gutters, or streets of the town, shall forfeit and pay five dollars for each offense.
2. Every owner or occupant of a lot where a sidewalk or gutter have been opened, shall, as far as said lot extends, keep such sidewalks clean, and the gutters open and free from obstruction.
3. That no one shall ride or drive a horse along the sidewalks of Winston, or hitch to any fence or shade tree, as to obstruct the sidewalks, or play marbles thereon; any person violating this ordinance shall forfeit and pay one dollar for each violation thereof.
4. That any person or persons who shall roll or cause to be rolled any hogs head or barrel of any sort upon the streets of Winston, in view of any horse or horses or mule in the streets, shall forfeit and pay one dollar for each offense.
5. That any person or persons who shall blockade or suffer to be blockaded the streets in front of any place of business by wagons, carts or other vehicles, shall forfeit and pay, for each offense, five dollars.
6. That the assembling or collecting together of persons on the side walks so as to obstruct the free and uninterrupted passage of persons along the same is forbidden; and every person refusing to disperse or make way for the free passage of persons when so requested by the Town Constable, or who shall willfully obstruct or hinder any person from passing the sidewalk, shall, for each offense, forfeit and pay five dollars.
7. That each and every person within the Town shall keep their hog-pens and privies well-cleaned; and that no person shall erect or keep a hog-pen or privy adjoining any public street or sidewalk; and each and every person is forbidden from draining any filth from hog-pens or privies, or slops from kitchens, or other places, into any public street or sidewalk, or suffer the same to be done from any premises occupied by him or her, and any person who shall violate any of the provisions of this ordinance shall forfeit and pay one dollar for each day such offense shall continue.
1. That any person who shall violate public decency, by any obscene conduct on any street, in or about the Court House, or other public building, or any place of public worship, or any where within the corporate limits of the town, or disturb the peace, quiet or good order of said town, by loud noise, cursing and swearing, or by any obscene language, or otherwise, shall for each offense forfeit and pay twenty-five dollars.
2. That any person who shall exhibit any Stud Horse or Jack in the streets of Winston, shall forfeit and pay for each offense on dollar.
3. That any person or persons who shall deposit the carcass of any dead animal on any street or lot in Winston, or who shall suffer the same to remain on his or their premises for the space of twenty-four hours, shall forfeit and pay for each offense five dollars.
4. That any person or persons who shall disturb any religious congregation within the corporate limits of Winston by appearing in such congregation in a state of intoxication or otherwise disturb the good order and quiet of the congregation by laughing, talking, or other boisterous conduct within the hearing of the congregation during hours of service, shall forfeit and pay five dollars for each offense.
5. That no one shall shoot or discharge within the town of Winston any pistol, gun or other firearms, except in defense of his person, family or property; nor shoot or discharge any sling-shot, or other projectile; and any one violating any of the provisions of this ordinance shall forfeit and pay, for each offense, one dollar.
1. That any person who shall be found on the street, side walks, public or unoccupied lot or lots of Winston, in such a drunken condition as to be unable to take care of himself, shall be committed to the town prison until he becomes sober, and shall be fined five dollars.
Injuries to Houses, Fences, Shade Trees, & etc.
1. That any person who shall wantonly, willfully, or recklessly injure any shade tree on the streets of Winston, or in the public square, or any fruit trees, fences, building, or other species of property of another, or the Court House, any Church, School House, or other public building, within the corporate limits of said town, every such person shall forfeit and pay each offense twenty-five dollars.
Breach of the Peace
1.That if any person commit any breach of the peace, or engage in any violent or disorderly conduct within the limits of the town, he shall forfeit and pay, for the use of the town, twenty-five dollars.
1.That no person shall erect, keep, use or maintain any Billiard Tables, Ten Pin Alley, or any gaming table, or place--by whatever name know or called-- at which games of chance hazard or skill shall be played, within the corporate limits of Winston, unless duly licensed therefore according to law--and that any person violating this ordinance shall forfeit and pay the sum of fifty dollars for each offence.
License to Sell Spirits, & etc.
1.That no person shall retain or sell any spirituous liquors, Wine, cordial, ale, porter, lager, beer, or any spirituous, vinous or malt liquors, by a less measure, or in a less quantity, than three gallons, within the corporate limits of Winston, unless duly licensed therefore, according to law---and that any person violating this ordinance shall forfeit and pay the sum of fifty dollars for each offense. (See act of General Assembly in reference to Winston, ratified March 14th, 1870.)
Hogs and Dogs
1.That if any hog or dog belonging to a citizen of Winston shall be found at large upon the streets of Winston, it shall be the duty of the town officer to have the same taken up and impounded, and after advertising the same for three days at the Court House door, if the owner thereof fail within that time to redeem them by paying a fine of fifty cents for each hog, unless there be more than two hogs belonging to the same owner, and in that case, ten cents each over the excess of two, and twenty cents per day for feeding each hog, to sell the same to the highest bidder, and out of the proceeds arising from such sale to first pay off all forfeitures, costs, and expenses, and pay the overplus to the owner on demands; and in case no owner shall redeem within the time specified, nor make application for the said overplus within thirty days after sale, the same shall be forfeited to the use of the corporation.
2.That each and every hog found rooting up any street or side walk of the Town, or otherwise injuring the same, or breaking into any garden or other enclosure, or which shall in any way become troublesome or mischievous, every such hog is hereby declared to be a nuisance, and the owner of every such hog, on notice thereof by the Town Constable, shall immediately remove said hog beyond the corporate limits of the town, and keep the same out of said town, and on failure thereof shall forfeit and pay one dollar for each day that such person shall suffer said hog to run at large in the town after such notice.
3.That any citizen of Winston who shall allow a Slut, when in season, to run at large in the streets of said town, shall forfeit and pay, for each offence, five dollars.
1. There shall be a Sanitary Committee appointed by the Board, composed of two members and one reputable physician, to take into consideration such measures as may in their best judgment be most conductive to the health of the town, and to report the same to the Board for action. It shall further be the duty of said Committee to investigate the condition of such privies, back-yards and other places in town as they may consider offensive, or injurious to health, and to notify the owner or tenant on the premises found in such filthy and offensive condition to cleanse the same, and if such person after five days notice thereof shall fail within that time to have cleansed the same, every such person shall forfeit and pay five dollars, and one dollar for each day said nuisance shall continue beyond five days.
1. The Town Constable shall be elected annually. He shall each month make a settlement with the town Treasurer, and pay over to him all monies in his hands due the corporation, and as much oftener as may be required by the Board, and he shall make out and file with the Treasurer monthly a statement of all the taxes, fines, forfeitures, penalties, and collections of every kind, which have been or ought to have been received by him by virtue of his office for the preceding month, and the Treasurer shall report the same to the first meeting of the Board thereafter, and by the first day of March every year he shall pay over the whole amount of taxes levied; and he will be charged with the whole amount of taxes levied, and held responsible for the same, unless he can make it appear to the satisfaction of the Board that he was unable to collect the same from insolvency of the parties or other good cause; but before receiving in his hands any taxes or other monies due the town, he shall execute a bond, with sufficient sureties, in such sum as the Board may require, conditioned for the faithful discharge of the duties of his office.
2. The Town Constable shall have authority, if resisted in the execution of his official duties, to summon a sufficient number of men to aid in him in enforcing the law; and, if any person, so summoned shall refuse to assist, the Constable is hereby directed to report the name of such person to the Mayor, and such person shall be liable to a penalty of five dollars.
3. Any person who shall assault, oppose, or resist, or in any manner abuse the Town Constable, or any person called to his aid, while in the discharge of any duty, shall forfeit twenty-five dollars, or suffer imprisonment not to exceed one month.
1. That the Treasurer shall be elected annually, and before entering on the duties of his office shall give bond, with sufficient sureties, for the faithful performance of the duties of his office, and the safe keeping of the funds in his hands. He shall receive from the Town Constable all monies by him collected, and shall report to the Mayor and Board every six months (and as much oftener as may be required by the Board) the condition of the town finances in detail; and he shall also report to the first meeting of the Board thereafter the monthly statement furnished him by the Town Constable of his monthly collections, required by Sec. I of Ordinance concerning duties of Town Constable. The Treasurer shall also act as Secretary of the Board of Town Commissioners.
1.That the Mayor shall, by public advertisement, give notice of the time required for listing the taxable property within the town corporation, and any person failing to list such taxable property within ten days after such advertisement, shall be subject to a double tax; and the Mayor shall each year, as early as practicable, make out said list of taxable real and personal estate according to the valuation fixed on said property by the Township Trustees, as revised by the Board of County Commissioners.
2. That all the taxes, the penalties, fines, and forfeitures imposed by the ordinances and regulations of said town, if incurred by a miner, shall, together with the cost, be payable and recoverable from the parent, guardian or master of such miner.
3. That all the taxes, penalties, fines and forfeitures imposed by the ordinances and regulations of and for the town of Winston, shall be prosecuted or sued for in the name of the "Commissioners" of the Town of Winston," and when collected, shall be paid to the Treasurer of said corporation; Provided, however, that after conviction and judgment therefore, the Mayor shall have power to remit their judgment, penalty, or fine, to a sum not less than one dollar.
4. That a corporation tax of one-half the amount of the State tax be levied for the Town of Winston upon all the subjects of taxation carried on or done in said town mentioned in Schedule B. of the Revenue law of the State for the year 1875; Provided, however, that a town tax equal to the State tax thereon shall be levied upon every business, act, or thing done, in Winston, which is enumerated and set forth in Sections 8, 9, 19, and 20 of said Revenue law, and every peddler or itinerant auctioneer who shall sell within the limits of Winston, whether by ascending or descending bids, at public outcry, shall pay for the privilege thereof for the first day five dollars, and two dollars for each day or part of a day thereafter engaged in selling.
5. That the following other taxes shall be levied on the following subjects, to wit; Each Express Company, $5; Every person or company who shall make it a business to haul and from the railroad depot, shall be considered a drayman. Dealers in patent rights, $5.; dealers or agents of sewing machines selling machines in town, $5.
6. That all the printed ordinances of Winston, heretofore adopted, and every part thereof not included in the foregoing ordinances, be and the same are, from and after the 10th day of June, 1876, hereby repealed.
7. That the foregoing ordinances shall be in force from and after this date.
D. P. Mast, Mayor