23 Council Room Tuesday 5th July 1870 8 Oclock City Council met pursuant to a special Call His Honor Leander Brown Mayor in the Chair. Roll called and the following Aldermen were present: Alderman Bennett, Butler, Palm, Ramos, Ranschke and Fee The Ordinance introduced in reference to Houses of ill fame, was taken up and read on Motion seconded and Carried, the 5 Section was Struck out—Section Six was, also on Motion seconded and Carried Stricktout The Ordinance thus amended was then passed to its Second reading— Rules were suspended and The Ordinance as read was then put on its Third and final reading, and was adopted by a unanimous Vote Alderman Baker was excused from further Attendance at this Meeting City Ordinance Be it Ordained by the City Council of the City of Austin Sec 1 Any House, room or part of a building within the limits of said City, kept or used for the purposes of prostitution, or as a common resort for prostitutes, is a bawdy house within the meaning of this Ordinance, and a bawdy is hereby declared to be a common nuisance 2. Any persons who shall keep a bawdy house, as defined in the first Section of this Ordinance, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished for the offence, by fine of not less than fifty dollars, nor more than one hundred dollars, and, in addition thereto, may be imprisoned in the City prison for a period of not more than ten days; and, on conviction for the second and each subsequent offence, of the same nature, shall be punished by fine of one hundred dollars and imprisonment in the City prison for the period of fifteen days. 3. On the trial of any persons charged with the Violation of section second of this Ordinance, such persons shall be deemed prima facie guilty, if proof be made, that the person charged is a prostitute, and is the keeper of a house within the limits of the City of Austin, and has no visible means of support, provided, that this Section is not to be constru[ed] --- Page break --- 24 as a limitation or restriction of the operation of said second section, and any person guilty of the offense, as therein defined, shall be punished as therein prescribed 4. Any person who shall permit any house room or part of a building, owned by him or her, or under his or her control to be used as a bawdy house, as defined by this ordinance, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished in the same manner as prescribed in section second of this Ordinance A person shall be deemed guilty of the offense defined in this Section, who either lets to another any house, room or part of a building, to be used as a bawdy house, or who, being the owner or having the control of any house, room or part of a building, used as a bawdy house, and having notice that it is being so used, shall fail or neglect for three days after such notice, to make complaint in writing, under oath, before the mayor against the person in possession of such for violating section second of this Ordinance 5. It shall be the duty of the Marshal, his deputies and every policeman of said city to report without delay to the Mayor every violation of any provision of this Ordinance which shall come to their knowledge, and should the Marshal either of his deputies or any policeman fail or neglect for three days to discharge the duty imposed on him by this section, he shall be removed from office and shall also be deemed guilty of a misdemeanor and on conviction thereof before the Mayor, shall be punished by fine of not less than twenty-five dollars. 6. The Mayor shall be authorized to pay any part, at his discretion, of each fine collected under this Ordinance not exceeding one half thereof, to the person making the complaint, in case of conviction, if such complaint was voluntarily made and the Mayor is authorized to apply the residue of said fines, or as much thereof as may be necessary, in the employment of persons to ascertain and report violations of this Ordinance 7. This Ordinance shall take effect ten days after its passage A O Horne Approved July the 9th 1870 Recorder Leander Brown Mayor Council adjourned.