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HomeMy WebLinkAbout9306k s x` ORDINANCE N0. 9= AN ORDINANCE REGULATING THE BUSINESS OF PROFESSIONAL BONDSMEN IN THE MUNICIPAL COURT OF THE CITY OF LITTLE ROCK, ARKANSAS; PROVIDING FOR THE PAYMENT OF AN ANNUAL LICENSE FEE FOR ALL BONDSMEN DOING BUSINESS IN THE -CITY OF LITTLE ROCK, ARKANSAS; RFP*kLING ALL LAWS IN CONFLICT; SEVERANCE CLAUSE AND IMPOSING - : `FE ALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS liDINANCE, AND FOR OTHER PURPOSES. I IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS SECTION 1. Twenty (20) days after the effective date of this ordinance it shall be unlawful for any person or firm to conduct or `4 engage in the business of a professional bondsman in the Municipal Court of the City of Little Rock, Arkansas, except in the manner and under the conditions provided in this ordinance. SECTION 2. Def`2tions A. !I&fessional 'Bondsman ". The term "professional bondsman", as used in this ordinance, shall mean and include any person or firm or member thereof, who for compensation conducts or engages in business in the City of-Little Rock __of, becoming surety upon, or I providing or furnishing, or offering to provide or furnish appearanee or appeal bonds in the Municipal ,C ourt of the City of Little Rock constituting bail for appea.rence in court, or any similar obligation, i for any person or persons charged with any offense. Provided that any representative or attorney -in -fact of any surety company authorized %to I do business in the State of Arkansas, who shall provide or furnish or offer to provide or furnish said bonds of such or an surety y com an P y for a compensation in excess of or other than charged by said surety i I company, shall be deemed to be a professional bondsman within the i meaning of this ordinance. "Person". The term "person" as used herein'means'an r• individual person. C. "Firm,". The term "firm" as used herein means two er 1 more persons acting as "a partnership or as an association or unincorporated g3roup of persons acting jointly under any title whatsoever. D. *Agent, Solicitor or Runnair ". The terms, "agent ", "solicitor" or "runner ", as used herein, mean any person other than a licensed professional bondsman, who solicits or seeks business for a professional bondsman. E. "Compensation". The term "compensation ", as used herein, means any emolument, fee, commission, salary, gift, loan, entertainment, or other thing of value whatsoever, paid, donated, given, offered or promised in connection with providing or furnishing, or offer- ing to provide or furnish appearance or appeal bonds, or similar obliga- tions, for any person or persons charged with,any offense in the Municipal Court of the City of Little Rock. F. Conducting or Engaging in the Business of a Professional Bondsman." Any act for compensation or becoming surety upon, or providing or furnishing or offering to provide or furnish appearance or appeal bonds, or any similar obligation, for any person or persons charged with any offense in the Municipal Court of the City of Little Rock generally designated herein as "bail bonds" shall consti- tute doing, conducting or engaging in the business of a professional bondsman; Provided that nothing herein shall apply to any surety company duly authorized to do business in the State of Arkansas, or to the representatives of such surety company except as otherwise provided in paragraph "a" of this section. SECTION 3. Professional Bondsmen Must Be Licensed. 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 the City of Little Rock without first obtaining, in the manner herein provided, the neces- sary annual license required by this ordinance, or unless he or it at all times complies with the provisions of this ordinance. SECTION 4. Qualifications of a Professional Bondsman. a. "Person ". No person acting individually shall conduct or engage in or be granted a license to conduct or engage in the business of a professional bondsman unless he is; (1) A citizen and resident of the City of Little Rock or of Pulaski County, Arkansas; (2) Twenty -one years of age or over, with legal capacity to answer for the default or misdoing of another; (3) Of good moral character and reputation. b. "Firm ". A firm shall not conduct or engage in or be granted a license to conduct or engage in the business of a professional bondsman unless; (1) Each member of the firm possesses the qualifications required of a "person" under sub - paragraphs (1), (2) and (3) of paragraph a, of this section. SECTION 5. Bail Bonds - Execution of. Bail bonds for compensation, if executed by a "person ", shall be executed by and in the name of said "person ". If the bail bond is executed by a "firm", it shall be executed by a member of the firm in the name of the firm. SECTION 6. License - permit Required Before Issuing or Renew- ink,,. No license, or renewal thereof, to engage in the business of a professional bondsman in the Municipal Court of the City of Little Rock shall be issued to any person or firm, without an application therefor first having been approved by the Judges of the Municipal Court or by its authorized agent, as provided herein. SECTION 7. Permit for Issuance or Renewal of License - Application For. Application for a permit to obtain a license, or to obtain a renewal thereof, to conduct or engage in the business of a professional bondsman in the Municipal Court of the City of Little Rock shall be made to and filed with the Judges of the Municipal Court of the City of Little Rock in such manner and such form as said Judges of the Municipal Court shall direct. For the purpose of carrying out the provisions of this section, the said Judges of the Municipal Court are hereby authorized to adopt, promulgate and enforce such rules and regu- lations as they deem necessary and reasonable, not inconsistent with the law or the provisions of this ordinance, and may designate an assistant or deputy in their office to act for and represent them. SECTION 8. Permit - How and When Granted. A permit to obtain or to renew a license to engage in the business of a professional bonds- man shall be granted and issued to an applicant if and when the appli- cant complies with the conditions and requirements of this ordinance and the rules and regulations adopted by the Judges of the Municipal Court not inconsistent with the law and the provisions of this ordinance, among which shall be the following; a. 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, and filed with the Chief of Police. If the applicant is a firm, the application shall be signed ..�.... roop- and sworn to by all the members thereof. Upon presentation by the Judges of the Municipal Court of an approved application, the City Collector shall issue a license as provided under the provisions of this ordinance. b. Said application shall embody or there shall be attached thereto; (1) A surety bond in the sum of Five Thousand Dollars ($5,000.0U) in favor of the City of Little Rock, Arkansas. The obligors on any such surety bond shall be the applicant and a responsible 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 or licensee may as to all or any part of the bond, deposit with the City Collector an equivalent amount of cash. The City Collector is hereby ordered and directed to deposit the amount of cash received in the General Fund. a. The conditions of the surety bond and security required to be furnished under this ordinance by an applicant for a license or renewal of a license as a professional bondsman shall be substantially as follows: "Whereas, the said has been duly (Professional Bondsman) licensed for the year in accordance with the provisions of the article on PROFESSIONAL BONDSPIEN of the Municipal Code of the City of Little Rock, as a professional bondsman, authorized to become surety or provide surety for compensation, on any bail bond, recognizance bond, appeal bond, or other b and required to be filed in the City of Little Rock in any action or proceeding in the Municipal Courts of the City of Little Rock wherein the City of Little Rock is a plaintiff, or any appeal therefrom, and any criminal proceeding in the Municipal Court of Little Rock, or any appeal therefrom. "NOW, THEREFORE, "(a) If the said shall, in the case (Professional Bondsman of every bond executed by him during the said year as to which judgment of forfeiture is rendered against him, pay such judgment within thirty (30) days after the entry of same, and, "(b) If there has been deposited with the said Pro ess ona any sum of money or any other property by any principal Bon sman upon any bail bond, recognizance bond, appeal bond, or other court bond required to be filed in the City of Little Rock in any court with juris- diction in said City upon which the said appears (Professional Bon sman as surety, and said sum of money or other property less lawful charges only -5- is returned by the said to the said (Professional Bon sman) principal thereon, and, "(c) If the said satisfies any and (Professional Bon sman all fines and penalties imposed upon him for violation of the article on PROFESSIONAL BONDSMEN of the Municipal Code of the City of Little Rock. "Then this obligation shall be void; "Otherwise, it shall be in full force and effect." (2) A written statement by the applicant, signed and verified under oath, setting forth; (a) The name, age and business and home addresses of the applicant, if a person. If the applicant is a firm, the name, date of organization, and business address of the firm and the names, ages, and business and home addresses of the members thereof sizall be stated. (b) The name, age and residence of each person employed by said bondsman, as clerk or otherwise in the bonding business. It shall be the duty of each of said persons to file an affidavit with the Chief of Police stating that said person will abide by the terms and provisions of this ordinance. (c) That the applicant has never been convicted of a felony or any offense involving moral turpitude. (d) An affidavit on the part of the applicant to perform well and faithfully the duties of a professional bondsman according to law and the provisions of this ordinance. (3) A certificate as to the moral character and reputation of the person or persons signing the a;)plication, executed under oath and by not less than three reputable citizens of the City of Little Rock or Pulaski County, Arkansas. SECTION 9. License - Issuance of. All licenses and renewals thereof to conduct or engage in the business of a professional bondsman in the Municipal Court of the City of Little Rock shall be issued by the Cityt4 ollector. The Judges of the Municipal Court are hereby authorized to adopt and promulgate such rules and regulations as may be necessary in connection with the form and issuance of said licenses, not inconsistent with law or the provisions of this ordinance. No such license shall be issued or renewed unless and until the applicant therefor; a. Presents to and files with the Judges of the Municipal Court all necessary forms, affidavits, surety bond or any other papers that are provided for in this ordinance, and b. pays the fee and charges that are prescribed herein. SECTION 10. Licenses - Types and Form of. a. Types: Licenses issued under and pursuant to this ordinance shall be of the following two types: (1) A license to a „person" as an individual; (2) A license to a "firm" which shall be in the name of the firm. b. Form: Each license shall show, among other items, the following: (1) The type of license; (2) The name and business address of the licensee. If the licensee is a "firma, the names of the members thereof shall also be shown. (3) The dates of issue and expiration thereof. SECTION 11. Licenses - Term and Expiration of. A license, or renewal thereof, issued under and pursuant to the provisions of this ordinance shall expire on December 31 of each year. Licenses which are renewed shall be for a term of one year, beginning on January 1, and expiring on December 31 of the same year. Application for renewal of license shall be filed with the Chief of police and the Judges of the Municipal Court not less than 30 days prior to the expiration date of said license. SECTION 12. Licenses - Fees and Charges. The following annual license fees and other charges for the licenses and renewals thereof, herein authorized, shall be paid to and collected by the City Collector, at the time the licenses are issued: a. Annual license fees to conduct or engage in the business of a professional bondsman in the City of Little Rock shall be: (1) For a person as an individual $100.00 (2) For a firm, each person, or, where partnership, each member of firm $100.00 The annual license fee as levied in this ordinance shall be $100.00 annually. If the application is filed July 1, the fee to be paid and collected shall be one -half of the annual fee charged. 59 SECTION 13. Lists of Professional Bondsmen to be Posted. It shall be the duty of the Chief of Police to cause to be typewritten or printed, on or before February 1 of each year, a list alphabetically arranged of all persons licensed under the authority of this ordinance to conduct or engage in the business of a professional bondsman in the City of Little Rock, and furnish copies thereof to the Judge and the Clerk of the Municipal Court of the City of Little Rock. He shall also furnish five copies thereof to the officer in charge of each police precinct or station, jail, and every other place in the City of Little Rock in which persons in custody of the law are detained, one of which copies shall be conspicuously posted in each such place, the additional copies of said list shall be kept on hand for the purpose of being shown upon request to such persons as are detained in the custody of the law. When a person in custody in any such place of detention shall request any officer or assistant officer in charge thereof to furnish him the name of a bondsman, said list shall be shown to the person so requesting, and it shall be the duty of the officer or his assistant in charge of said place of detention within a reasonable time to put the person so detained or his a- uthorized representative in communication by telephone or otherwise with the bondsman selected and chosen by said person in custody, and the officer or assistant in charge of said place of detention shall contemporaneously with said transaction make a record in the blotter or book of 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, requesting the bondsman, 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 called, which record shall be preserved as a public and permanent record in the book or blotter in which entered. It shall be unlawful for the officer or assistant in charge of such place of detention, or any other employee of the City of Little Rock, to make any suggestion to, or influence in any way, the person in custody with reference to the choice of a bondsman. SECTION 14- Change in Printed Lists of Professional Bondsmen. It shall be the duty of the Chief of Police to notify promptly each official or officer of the City of Little Rock, to whom he furnishes lists of professional bondsmen, of any change or correction therein by reason of the issuance of additional licenses or the suspension or revocation of existing licenses; and it shall be the duty of such officials and officers to make proper corrections and notations of such changes on the copies of said lists in their possession or posted in their offices. SECTION 15. Duties and Obligations of Professional Bondsmen. A professional bondsman; A. Shall, within 20 days after the effective date of this ordinance (1) Adopt an itemized schedule of fees and charges, as com- pensation, for services rendered in connection with the execution of bail bonds, and file said schedule, properly typed, with the Judge of the Municipal Court and Chief of Police of the City of Little Rock. Said schedule shall be sworn to as the true fees to be charged by said bondsman. If any change or amendment is made in or to such schedule, notice and copies thereof, properly typed, must be given to said Judge and Chief of Police immediately and to all other officers and officials to whom copies of the original schedule are furnished as herein required. Said amendments shall also be sworn to as set forth above. (2) File typed copies of said schedule with the Clerk of the Municipal Court and the Chief of Police. (3) F ost a printed copy, in large type, of said schedule in a conspicuous place in his place or the firmts place of business, and note thereon any changes or amendment thereof. ;(4) Furnish printed copies, in large type, of said schedule to the o *'ficer in charge of each police precinct or station, jail, and every other place in the City of Little Rock in which persons in custody of the law are detained, which copies shall be conspicuously posted in each such place. Any change or amendment thereof shall be noted thereon. B. Shall not enter a police precinct or station, jail, or other place where persons in the custody of the law are detained in the City of Little Rock, for the purpose of obtaining employment as a bondsman, i 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. Whenever any person engaged in the bonding business shall enter a police precinct or station, jail, or -9- other place where persons in the custody of the law are detained in the City of Little Rock, 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 ordinance. C. Shall not personally or otherwise solicit business in, at or near any court -room or corridor leading thereto. D. Shall furnish each person, for whom a bail bond is executed, with an itemized receipt showing the character of the service or services 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. Copies of such receipt shall be promptly filed with the Clerk of the Municipal Court of the City of Little Rock; and one copy thereof shall be retained on file in the bondsmants office for inspection. E. Shall not receive directly or indirectly for his or its services any compensation from any lawyer or other third person, other than the fee and charge, if any, for executing a bail bond. It shall be unlawful for any lawyer or third person to compensate any professional bondsman or any other person, except to pay a bond charge or fee charged and receipted for as provided herein. No fee or charge shall be made by any bondsman except in accordance with submitted schedule of fees and charges. F. Shall not directly or indirectly pay or give, or promise to pay or give, to any person any sum of money or other thing of value to secure or for securing or sending or referring bail bond business or clients either to him or to any other professional bondsman. It shall be unlaw- ful for any person or persons directly or indirectly to receive or take from any professional bondsman any money or other thing of value as compensation, or as a gift, for securing or sending or referring bail bond business or clients in any way to or for a professional bondsman. G. Shall not directly or indirectly influence or promise or attempt in any way to influence, any court or any public official or any witness in any case. No professional bondsman shall directly or indirectly practice law and this extends to requesting the Court to continue a case or making a motion of any type in the Municipal Court of the City of Little Rock. -10- H. Each bondsman making bond for any person taken into custody by the police of the City of Little Rock shall post cash, travelers, checks, or cashier's checks, property bond, or surety bond by a surety company duly authorized to do business in the State of Arkansas, with the police officer in charge of police desk for transmittal to the City Collector of the City of Little Rock. SECTION 16. Suspension or Revocation of License - Procedure. 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 violat- ing 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 cite 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 duty 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 represented by counsel, to intro- duce witnesses on his behalf, and at his own expense have the testimony given at such hearing transcribed. 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 determines that there is a good and sufficient reason for the suspension or revocation of the bondsman's license, he shall enter an order effective immediately to such effect and so notify the bondsman, either personally or by registered mail with a return 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 in Section 15 of this ordinance, and they shall be governed accordingly until further notice. SECTION 17. Information Concerning Proposed Raids or Arrests Prohibited - When. It shall be unlawful for any police officer ,or other public official, in advance of any raid by police or other peace officer or public official or the execution of any search warrant or warrant of arrest, to give or furnish either directly or indirectly, any informa- tion concerning such proposed raid or arrest to any person engaged in any manner in the bonding business, or to any attorney -at -law; Provided, however, that it shall not be unlawful for any police or other peace officer, in conducting any raid or in executing any search warrant or warrant of arrest, to communicate to any attorney -at -law or person engaged in the bonding business, any fact necessary to enable such officer to obtain from such attorney -at -law or person engaged in the bonding business, information necessary to enable such officer to carry out said raid or execute such process. SECTION 18. penalties. Any person, firm or officer violat- ing any provisions of this ordinance shall, upon conviction, be punished by a fine not to exceed Five hundred Dollars (500.00) or by imprisonment for a term not to exceed sixty (60) days, or both, within the discretion of the Municipal Judge. The violation of each provi- sion shall be deemed a separate offense and shall be punishable accord- ingly. In the event any officer violates any provision of this ordinance, the matter shall be immediately reported to the Chief of Police and the Civil Service Commission. A second conviction of a bondsman of a violation of any provision of this ordinance shall automatically bar such person or firm from further engaging in the business of a professional bondsman in the City of Little Rock, Arkansas. SECTION 19. Nolle Prosse or Commutation of Sentence. In order to more completely supervise the activities of bail bondsmen, it shall be unlawful for any nolle prosse or commutation of sentence imposed by the Municipal Court of the City of Little Rock to be had or made, except at a regular session of the Court, except in cases of illness or extreme emergencies. SECTION 20. Validity of Ordinance. The provisions of this ordinance are declared to be severable. If any section or provision of this ordinance shall be declared to be invalid, such invalidation shall in no wise affect the validity of the remaining sections and provisions thereof. SECTION 21. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict herewith are hereby repealed in so far as there is conflict. SECTION 22. Emer — l enc C3� se, ,Whereb need for orderly and controlled su y there is an urgent P!@ -Visit ► ?f professional bondsmen so that the citizenry can; exercl', • their gOnstitutiona efficiently and convenient) 1 rights quickly, y with a mini ie' interference with the function of the judicial and law enforcement bra government; therefore there is an i branches of our municipal mmediate need for the foregoing --- ordinaanCe and ay' emergency, is hereb y declared to exist, and this ordinance being- necessary for the i 4 mmediate preservation of the Pea *e ' hegith and safety" public yshall be in full force and effect f,Vom and ' �.. J .x after .Acs passage and approval.