Ordinances of the Town of Winston Adopted by the Board of Commissioners
Adopted June 5, 1876.
Be it ordained by the Commissioners of the Town of Winston, as follows:
Precautions Against Fire
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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 & Dogs
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
That the foregoing ordinances shall be in force from and after this date.