An Ordinance Regulating Markets in Marietta

The Marietta Intelligencer, December 25, 1856

Sec. 1st. Be it ordained by the City Council of the city of Marietta, that the market house and so much of Second Street as lies between Ohio and Butler, and so much of Greene as lies between Front and Third, and so much of Ohio Street as lies between Front and Third streets, is hereby set apart as a public Market.

Sec. 2d. That public markets be held from the 1st of April to the 1st of November on Tuesday, Thursday and Saturday of each week, and that markets be opened at 3 o'clock A.M., and closed at 9 o'clock A.M. Also that from the 1st of November to the 1st of April public markets be held on Wednesday and Saturday of each week and that markets be opened at 11 o'clock A.M. and closed at 2 o'clock P.M. of each said market days.

Sec. 3. It shall be unlawful for any person to sell any provisions or other commodity whatever, usually sold in market on market days, within the market house or within the market space, before the time mentioned in the second section of this ordinance.

Sec. 4. It shall be the duty of the Clerk of the market to lease annually on the first market day of November of each year, to the highest bidder, each of the stalls of the market house, and if any remain not leased on or after that day he shall lease them by private contract on the best terms he can obtain, but he shall lease no stall to any person without payment of the rent in advance.

Sec. 5. Every person offering any commodity for sale in market who is not the lessee of a stall or stand in the market house shall occupy such place in said market space as shall be assigned him or her by the Clerk of the market.

Sec. 6. It shall be unlawful for any person selling any commodity in market to use false weights or measures in ascertaining the quantity sold, and any person offending against the provisions of this section, shall in addition to the penalties hereinafter prescribed, forfeit all articles by him or her so offered for sale, and it shall be the duty of the Clerk of the market to seize and sell the same for the use of the city.

Sec. 7. It shall be unlawful for any person to offer for sale or to sell in market or elsewhere in Marietta, any tainted meat, or unwholesome, damaged or spoiled provisions of any kind whatever.

Sec. 8. All persons occupying stalls or stands in the market house, shall keep the same and all the implements and appurtenances belonging thereto or used therein, clean and in good order.

Sec. 9. It shall be unlawful for any person to disobey or resist the Clerk of the market in the performance of his duties.

Sec. 10. It shall be unlawful for any person to purchase any commodity or article whatever in market on market days before the time prescribed for the opening of the market.

Sec. 11. It shall be the duty of the Clerk of the market, to keep the market house clean and in good repair. To cause persons offering articles for sale in market to occupy such stands and places as will best suit the convenience of the public and purchasers.

     To safely keep the weights and measures belonging to the market house, and to see that all weights and measures used in market conform to the lawful standards. To take possession of all property forfeited to the city, and to sell the same for the use of the city.

     To cause all offenders against the market laws to be prosecuted.

     To ring the bell at the hour of opening the market.

     To keep order in market during market hours.

Sec. 12. The bell shall be rung at the hour for opening the market, and the ringing of the bell shall be held and taken as the true time for opening the market.

Sec. 13. If the Clerk of the market shall willfully fail to perform any of the duties belonging to his office, the Council may dismiss him therefrom and on conviction of any willful failure or neglect to perform any duty imposed by the city ordinances, or by law, or by the nature of his office, he shall, on conviction thereof before the Mayor, be fined in any sum not exceeding fifty dollars.

Sec. 14. Any person violating any of the provisions of this ordinance shall, on conviction thereof before the Mayor, be fined in any sum not exceeding fifty dollars.

Sec. 15. The ordinance entitled "An ordinance regulating the markets in Marietta and prescribing the duties of the Clerk of the market, passed September 20th, 1854, is hereby repealed.

Passed Dec. 17, 1856.

W. F. Curtis, President Council.

Attest. R. E. Harte, City Clerk.