JS 1568 A3 1905 REVISED CHARTER £ -OF THE- 1 CITY OF YPSILANTI. 1 APPROVED MAY 5, 1877 י As Amended by Act 400 of the Laws of 1881 And by Local Laws of 1891, 1897, 1899, 1901 and 1905 PRINTED BY AUTHORITY OF THE COMMON COUNCIL OF THE CITY OF YPSILANTI 1905 A 55660 3 YPSILANTI: YPSILANTI DAILY PRESS COMPANY 1905 Chistes. ! t 1 ļ ORDER } ! : RBA + ༼0 · } *L* Zd } 1 = V ^S? JAW Recla CHARTER -OF THE— CITY OF YPSILANTI. INCORPORATION-CITY AND WARD BOUNDARIES. Section 2. The People of the State of Michigan enact, That so much Boundaries. of the township of Ypsilanti, in the county of Washtenaw, as is in- cluded in the following description, to wit: beginning on the north bank of the Huron river, on the line between sections four and five, in said township, thence south to the northeast corner of lot number eight of the subdivision of said section five; thence west to the north- west corner of lot number six, in said subdivision; thence south to the center of the Ann Arbor road; thence north 80 degrees 10 minutes west along the center of said Ann Arbor road thirty chains and twenty- five links; thence south 39 degrees 50 minutes west along the center of what is known as the South Ann Arbor road eleven chains and forty- one links; thence south 18 degrees 10 minutes east thirty-six chains and five links to the center of the highway leading westerly from the west end of Congress street; thence south 66 degrees 20 minutes west along the center of said highway two chains to the northeast corner of Ed Crane's land; thence south 18 degrees 10 minutes east along the east line of said Crane's land extended to the center of the Chicago road; thence easterly along the center of the Chicago road to the present city limits; thence south to the south line of the William Watling farm; thence in a northeasterly direction along the south line of said Watling farm to the center of the Monroe road; thence northerly along the center of the Monroe road to the south limits of the city as now located; thence east to the Huron river; 4 CHARTER OF THE » [1877. Body corporate. Seal. Wards. First. Second. Third. Fourth. Fifth. Board of regis- tration, thence down the west bank of said river to the southeast corner of the west half of the northwest fractional quarter of section fifteen, in said township; thence north to the north line of the southwest quarter of section three, in said township; thence west to the east line of River street; thence northerly on the east line of said street to the north line of Highland Cemetery, protracted east; thence west to the northwest quarter of section four; thence south to the southeast cor- ner of said quarter section; thence west to the north bank of the Huron river; thence up the said river to the place of beginning, be and the same is hereby set off from the said township of Ypsilanti, and declared to be a city by the name of "The City of Ypsilanti," by which name it shall hereafter be known.* Sec. 3. The freemen of said city, from time to time, being inhabi- tants thereof, shall be and continue a body corporate and politic to be known and distinguished by the name and title of The City of Ypsi- lanti, and shall be and are hereby made capable of suing and being sued, of pleading and being impleaded, of answering and being an- swered unto, and of defending and being defended in all courts of law and equity, and in all other places whatever; and may have a com- mon seal which they may alter and change at pleasure, and by the same name shall be and are hereby made capable of purchasing, holding, conveying and disposing of any real or personal estate for said city. Sec. 4. The said city shall be divided into five wards, to wit: the first ward shall embrace all that portion of said city lying west of the Huron river and south of the south line of Congress street, ex- tending westerly to the west limits of said city. The second ward shall embrace all that portion of said city lying west of the Huron river and north of the south line of Congress street, extending westerly to the city limits and north to the center of The Ann Arbor road, and the north line of Ellis street projected easterly to the Huron river. The third ward shall embrace all that portion of said city lying west of the Huron river and north of second ward. The fourth ward shall embrace all that territory lying north of the north line of Cross street and east of the Huron river. The fifth ward shall embrace all of that territory lying east of the Huron river and south of said fourth ward.* REGISTRATION. Sec. 5. The aldermen of said city shall constitute the board of registration thereof. *As Amended by Act 110 of the Laws of 1891. 1877.] 5 CITY OF YPSILANTI. Sec. 6. The board of registration, at their session previous to the Re-registration. general election in November, in the year one thousand eight hundred and eighty, shall make a re-registration of the qualified voters of their respective wards, in books of the form provided by law. The same rules shall be observed in such registration as are provided by law for registration in cities; and a like registration of the electors of each ward shall be made at the session of the board next preceding the general election in the year eighteen hundred and eighty-four, and every fourth year thereafter. When such new registry shall be New registry. made the former registry of electors shall not be used, nor shall any person vote at any election in such ward after such re-registration unless his name shall be registered in such new register. Notice that such re-registration is required to be made shall be given with the notice of the meeting or session of the board at which it is to be made. ELECTIONS. electors. Sec. 7. The inhabitants of the said city being electors under the Qualification of constitution of the State of Michigan, and no other, are declared to be electors under this act, and qualified to vote at the elections held virtue of this act; and each person offering to vote at any such elec- tion, if challenged by an elector of the ward where such vote is offered, before his vote shall be received, shall take one of the oaths now provided by the laws of this state, approved June twenty-seventh, eighteen hundred and fifty-one, entitled an act to provide for holding general and special elections, which oath shall be administered to him by one of the inspectors of election; and if any person shall swear Swearing false- falsely, upon conviction thereof he shall be liable to the pains and penalties of perjury; but the common council of said city are hereby authorized and empowered to provide by general ordinance, from time to time, to so change the form of the oath or oaths to be administered to such elector (if challenged) as to conform to the constitution and laws of the State which may from time to time be in force. ly perjury. Challenge. Sec. 8. On the day of election, held by virtue of this act, Opening and closing polls. the polls shall be opened in each ward, at the several places desig- nated by the common council, at seven o'clock in the forenoon, and remain open continuously until five o'clock in the afternoon, at which time they shall be closed.* Sec. 9. The two aldermen of each ward shall constitute the board Board of inspec- of inspectors of election, and such one of their number as they shall tors. appoint shall be their chairman; said board shall also appoint two *As Amended by Act 370 of the Laws of 1899. 1 6 CHARTER OF THE [1877. Clerks of elec- tion. Inspectors of election for State officers, etc. Provision for electing inspec- tors. Annual Ward election. Officers elected. Greatest num- ber of votes to elect. Tie. competent persons to be clerks of election; each of said persons so appointed shall take the constitutional oath of office, to be administered by either inspector of said board, who are hereby authorized to ad- minister the same. Sec. 10. Inspectors of election, as specified in the preceding sec- tion, shall be inspectors of election held in said wards respectively, as well for the election of State, district and county, as for the city and ward officers. Sec. 11. At an election held under this act, if from any cause, either or all inspectors of election shall fail to attend any such elec- tion at the appointed time and place, his or their place may be sup- plied for the time being by the electors present, who shall elect any of their number tira roce, who when so elected, shall be duly sworn by an officer authorized to administer oaths, to a faithful performance of their duties. Sec. 12. An election shall be held in each ward annually, on the first Monday in April, at such place as the common council shall appoint, by posting notices of the holding of said election in at least three of the most public places in each ward, at least six days pre- vious to said election. Sec. 13. There shall be elected on the first Monday in April, in the year nineteen hundred six, and every second year thereafter, by the qualified electors of the whole city, voting in their own wards, one mayor, to hold his office for the term of two years. There shall be elected on the first Monday in April, in the year nineteen hundred six, and every fourth year thereafter, by the qualified electors, as aforesaid, one justice of the peace, to hold his office for the term of four years. There shall be elected annually, in the first, second and third wards, which wards shall constitute the first judicial district, one supervisor and one constable, to hold their respective offices for the term of one year. There shall be elected annually in the fourth and fifth wards, which wards shall constitute the second judicial district, one super- visor and one constable, to hold their respective offices for the term of one year. There shall also be elected annually, in each ward, by the electors thereof, one alderman, to hold his respective office for the term of two years.* Sec. 14. The person receiving the greatest number of votes for any office in said city, district or ward, shall be deemed to have been duly elected to such office; and if any officer, except alderman and justice of the peace, shall not have been chosen by reason of two *As Amended by Laws of 1905, 1877.] CITY OF YPSILANTI. 7 or more candidates having received an equal number of votes, the common council shall, by ballot, elect such officers from the two candidates having the highest number of votes. in office of alder- man or justice. Sec. 15. Whenever a vacancy occurs in the office of alderman Filling vacancy or justice of the peace by the refusal or neglect on the part of such alderman or justice of the peace to take the oath of office within the time required by this act, by the resignation, death, ceasing to be an inhabitant of the ward or district for which such alderman or justice of the peace shall have been elected, by removal from office, or by the decision of a competent tribunal, declaring void the election of such alderman or justice of the peace, or for any other cause, the common council of said city shall immediately appoint a special elec- tion, to be held in the ward or district for which such officer was chosen, at some suitable place or places, not less than five nor more than fifteen days from the time of such appointment: That in case such vacancy shall occur in the office of alderman within three months before the first Monday in April, it shall be op- tional with the common council to order a special election or not. Provided, Proviso. Sec. 16. In case a vacancy shall occur in any of the offices in Vacancies ex- this act declared to be elective or appointive, except alderman and justice of the peace, the common council may, in their discretion, fill such vacancy by the appointment of a suitable person, who is an elector, and if appointed for a district or ward, who is also a resident of the ward or district for which he shall be appointed; and any officer appointed to fill vacancy, if the office is elective, shall hold by virtue of such appointment, only until the first Monday of May next succeed- ing. cept aldermen and justice. Sec. 17. Whenever a special election is to be held, the common Special council shall cause to be delivered to the inspectors of election in elections. the ward or district where such officer is to be chosen, a notice, signed by the clerk, specifying the officer to be chosen, and the day and place at which such election is to be held; and the proceedings at such elections shall be the same as at the annual or general election; such notice shall also be published in a newspaper of the city at least once before the day of such special election. Sec. 18. The electors shall vote by ballot, and each person offering vote to be by to vote shall deliver his ballot, so folded as to conceal its contents, ballot. to one of the inspectors, in the presence of the board; the ballot shall be a paper ticket, which shall contain written or printed, or partly written and partly printed, the names of the persons for whom the elector intends to vote, and shall designate the office to which each person so named is intended by him to be chosen; but no ballot shall 8 CHARTER OF THE [1877. " What ballot to contain. Electors to vote in ward where they reside. Votes to fill va- cancy to be des- ignated on Bal- lots. How votes re- ceived by in- spectors. Canvass of votes. Manner of Canvassing. contain a greater number of names of persons, designated for any office, than there are persons to be chosen at the election to fill such office. Sec. 19. The ballot shall contain the names of persons designated as officers for the city, and as officers for a district and ward. Sec. 20. At the city elections every elector shall vote in the ward where he shall have resided twenty days next preceding the day of election. The residence of an elector, not a householder, shall be deemed to be where he lodges. The qualifications of electors under this act shall be those pre- scribed by the constitution and laws of this State.* Sec. 21. If at any annual election to be held in said city, there shall be one or more vacancies to be supplied in any office, and at the same time any person is to be elected for the full term of said office, the term for which each person voted for, for said office, shall be designated on the ballot. Sec. 22. It shall be the duty of the inspectors of election, on re- ceiving the vote as specified in section eighteen, to cause the same, without being opened or inspected, to be deposited in the proper box provided by the common council for that purpose; the said board shall also write down or cause to be written down, the name of each elector voting at such election, in a poll list to be kept by said inspectors of election, or under their direction. Sec. 23. Immediately after the closing of the polls, the inspectors of election shall, without adjournment, publicly canvass the votes received by them, and declare the result; and shall on the same or on the next day make a certificate stating the number of votes given for each person for each office, and shall file such statement and certificate on the day of election, or on the next day, with the clerk of the city. Sec. 24. The manner of canvassing said votes shall be as follows: the inspectors shall proceed to count the ballots, unopened, and if the number of ballots so counted shall exceed the number of names of electors contained in the poll list, one of the inspectors shall draw out and destroy as many as the number of ballots exceeds the number of electors con- tained in said poll list; and if two or more ballots are found rolled or folded up together, they shall not be counted; they shall then proceed to count and estimate said votes as provided in the preceding section. *As Amended by Local Act 370 of the Laws of 1899. 1877] CITY OF YPSILANTI. 9 election. Sec. 25. The expenses of any election to be held as provided by Expenses of this act, shall be a city charge, and defrayed in the same manner as the other contingent expenses of the city. termine and cer- elected. Sec. 26. The common council for the preceding year shall convene Council to de- on the Thursday next succeeding each annual election, at two o'clock tify what persons in the afternoon, at their usual place of meeting, and shall determine and certify in the manner provided by law, what persons are duly elected at the said election to the several offices respectively. Such certificates shall be made in duplicate, one of which shall be filed with the clerk of the city, and the other with the clerk of the county of Washtenaw. APPOINTMENT, QUALIFICATION, OATH, BOND OF OFFICE. pointed. Sec. 27. The following officers shall be appointed by the mayor Officers ap- at the first meeting to be held on the first Monday in May of each year, viz.: One health physician, one fire warden from each judicial district, one pound master for each judicial district. The mayor shall also on the first Monday in May, eighteen hundred ninety-one, appoint, subject to the approval of a majority of the members elect of the common council, three commissioners of public works, two of whom shall be residents of the first judicial district, one a resident of the second judicial district; one to hold office for the term of one year, one to hold office for the term of two years and one for the term of three years. There shall also be appointed in the same man- ner annually thereafter one commissioner of public works, to hold his office for the term of three years, but at no time shall more than one of said commissioners be residents of the second judicial district, or more than two be residents of the first judicial district. The mayor shall also on the first Monday in May, nineteen hundred one, appoint, subject to the approval of a majority of the members elect of the common council, three commissioners of police, two of whom shall be residents of the first judicial district; one a resident of the second judicial district, one to hold office for the term of one year, one for the term of two years and one for the term of three years; at all times the two political parties having cast the greatest number of votes at the preceding city election shall be represented by members of the same upon said board. There shall also be appointed in the same manner annually thereafter one commissioner of police to hold office for the term of three years, but at no time shall more than one of said commissioners be residents of the second judicial district or more than two residents of the first judicial district. The mayor shall also on the first Monday in May, nineteen hundred and five, appoint, subject to the approval of a majority of the members ! CHARTER OF THE ļ IO [1877. elect of the common council, three commissioners of the fire depart- ment, two of whom shall be residents of the first judicial district, one a resident of the second judicial district, one to hold office for the term of one year, one for the term of two years and one for the term of three years. There shall also be appointed annually thereafter, in the same manner, one commissioner of the fire department, to hold his office for the term of three years, but at no time shall more than one of said commissioners be residents of the second judicial district, or more than two residents of the first judicial district. The mayor shall also on the first Monday in May, nineteen hundred five, appoint, subject to the approval of a majority of the members elect of the common council, three commissioners of parks, two of whom shall be residents of the first judicial district, one a resident of the second judicial district, one to hold office for the term of one year, one for the term of two years and one for the term of three years. There shall also be appointed annually thereafter in the same manner, one commissioner of parks, to hold his office for the term of three years, but at no time. shall more than one of said commissioners be residents of the second judicial district, or more than two residents of the first judicial dis- trict. The common council shall appoint on the first Monday in May of each year, one city clerk, one city treasurer, one city attorney, one street commissioner, one city surveyor, and also one deputy city clerk, on the recommendation of the city clerk. The common council shall also at the same time elect one of their number president of the council, who shall, in the absence of the mayor, preside at all meetings, and in the absence of the mayor from the city, shall act as and have the powers of the mayor. The appointments made by the mayor, except commissioners of public works, commissioners of police, commissioners of fire department and commissioners of parks, shall be absolute, the mayor to be responsible therefor, and the power is hereby granted him to remove his own appointees at his pleasure and to appoint others in their places, the mayor to report all removals or appointments by him made at the first regular meeting of the council thereafter. The common council may also, from time to time, pro- vide by ordinance for the appointment and appoint for such term as may be provided in any such ordinance, such other officers whose election or appointment is not herein specially provided for, as the common council shall deem necessary for the execution of the powers granted in this act, and may remove the same at pleasure. The powers and duties of all such officers shall be pre- scribed by ordinance. Any appointment which shall not be made on the day named may be made at any subsequent regular meeting or special meeting of the common council.* *As Amended by Act 156 of the Laws of 1905. 1877.] CITY OF YPSILANTI. II " elected. Sec. 28. No person shall be elected or appointed to any office unless Officers to be he be an elector of the city, and if elected, or appointed for a ward or district, he must be an elector thereof; and no person shall be elected or appointed to any office in the city, who has been or is a defaulter Defaulters not to hold office. to the city, or to any board of officers thereof, or to any school district, county or municipal corporation of the State. All rotes for, or any appointment of, any such defaulter, shall be void. Sec. 29. Every person chosen or appointed by the common council, Acceptance of before he enters upon the duties of his office, and within five days office. after being notified of his appointment, shall cause to be filed in the office of the city clerk a notice in writing, signifying his acceptance of such office. Sec. 30. It shall be the duty of the city clerk, as soon as practica- City Clerk to ble, and within five days after their election, to notify the officers re- notity officers spectively of their election. elected. Sec. 31. If any person elected or appointed under this act shall what deemed a not take and subscribe the oath of office and file the same as herein refusal to serve, directed, or shall not cause a notice of acceptance to be filed as herein. directed, or if required by the common council to execute an official bond or undertaking shall neglect to execute and file the same, in the same manner and within the time prescribed by the common council, such neglect shall be deemed a refusal to serve, unless before any step is taken to fill any such office by another incumbent, such oath shall be taken or such acceptance be signified as aforesaid. of officers. Sec. 32. At the expiration of twenty days after any election or Clerk to deliver appointment of any officer or officers in the city, the clerk of the said to council a list city shall deliver to the common council a list of the persons elected or appointed, and of the offices to which they are chosen, therein specifying such as shall have filed with him the oath of office or notice of acceptance required by this act, and such as shall have omitted to file the same within the time herein prescribed. Sec. 33. The clerk shall report to the common council the names List of officers of such officers as shall have neglected to give the bond and security neglecting to give bond. required by the provisions of this act. upon When officers enter upen Sec. 34. All officers elected as herein provided shall enter the duties of their respective offices on the first Monday of May duties of office. next following such election, unless otherwise herein provided. The supervisors of said city shall enter upon the duties of their office immediately after election, and upon filing their oath of office with the city clerk. ; 12 CHARTER OF THE [1877. Term of office. Resignations. Justices of the Peace, oath of office. Security. Sufficiency of sureties. New official bonds. Sec. 35. Any person elected or appointed to any office under this act shall continue to hold the same until his successor shall be elected or appointed and qualified; and when a person is elected to fill a vacancy in any elective office, he shall hold the same only during the unexpired portion of the regular term limited to such office, and until his successor shall be elected and qualified. Sec. 36. Resignations by any officers authorized to be chosen or appointed by this act shall be made to the common council, subject to their approval. Sec. 37. Justices of the peace elected in said city shall take and file an oath of office with the county clerk of the county of Washtenaw, within the same time and in the same manner as in cases of justices of the peace elected in townships. + Sec. 38. Every justice of the peace, within the time limited for filing his official oath, shall file with the county clerk of said county the security for the performance of the duties of his office required by law in the case of justices of the peace elected in townships, except that said official bond or security may be executed in presence of, and be approved by the mayor; and in case he shall enter upon the execu- tion of his office before having filed his official oath and bond or security, and such other bond or security to the city as may be required by law, or by any ordinance or resolution of the council, he shall be liable to the same penalties as are provided in cases of justices of the peace elected in townships. Sec. 39. The council, or the mayor, or other officer whose duty it shall be to judge of the sufficiency of the proposed sureties of any officer or person of whom a bond or any security may be required by this act, or by any ordinance or direction of the council, shall inquire into the sufficiency of such sureties, and examine them under oath as to their property, such oath may be administered by the mayor, or any alderman, or any other person authorized to ad- minister oaths. The examination of any such surety shall be reduced to writing, and signed by him, and annexed to and filed with the bond or instrument to which it relates. Sec. 40. The council may also at any time require any officer, whether elected or appointed, to execute and file with the mayor new official bonds in the same or in such further sums, and with new or such further sureties as said council may deem requisite for the in- terest of the corporation. Any failure to comply with such requirement shall subject the officer to immediate removal by the council. 1877.] 13 CITY OF YPSILANTI. *. DUTIES OF OFFICERS. Sec. 41. The mayor shall be the chief executive of the city. He Mayor, duties of shall, from time to time, give the council information concerning the affairs of the corporation, and recommend such measures as he may deem expedient. It shall be his duty to exercise supervision over the several departments of the city government, see that the laws of the state, and the laws relating to the city, and the ordinances and regu- lations of the council, are enforced. In case of a tie in the council the mayor may cast the deciding vote, except in appointments of officers hereby delegated to the common council.* Sec. 42. The mayor shall be a conservator of the peace, and may Idem. exercise within the city the powers conferred upon sheriffs to suppress disorder; and shall have authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the council, and to suppress riots and disorderly conduct. ALDERMEN. Sec. 43. The mayor, when present, shall preside at the meetings who to preside of the common council, and in his absence, the president of the council at meetings of shall preside.* council. alderman. Sec. 44. The aldermen of the city shall be members of the council Duties of and attend the meetings thereof, and act upon committees when thereunto appointed. As conservators of the peace, they shall aid in maintaining quiet and good order in the city, and in securing the faithful performance of duty by all officers of the city. No alderman shall be appointed to any other office in the city during the term for which he was elected as alderman. CITY CLERK. 1ļ Sec. 45. The city clerk shall keep the corporate seal, and all the docu- Clerk, duties of ments, official bonds, papers, files, and records of the city not by this act or the ordinance of the city entrusted to some other officer; he shall be clerk of the council; shall attend its meetings, record its proceed- ings, ordinances and resolutions, and shall countersign and register all licenses granted; he shall, when required, make and certify, under the seal of the city, copies of the papers and records filed and kept in his office; and such copies shall be evidence in all places of the matter contained, to the same extent as the original would be; he shall possess and exercise the powers of township clerk so far as the same are required to be performed within the city; and he shall *As Amended by Act 110 of the Laws of 1891. 14 CHARTER OF THE [1877. To be general accountant of city. Sec. 46. The city clerk shall be the general accountant of the city, and all claims against the corporation shall be filed with him. He shall report the same, with all accompanying vouchers and counter claims of the city to the council for allowance and when allowed shall draw his warrant upon the treasury for the payment thereof, desig- nating thereon the fund from which payment is to be made, and to take proper receipts therefor; but no warrant shall be valid until countersigned by the mayor, nor be drawn upon any fund after the same has been exhausted. When any tax or money shall be levied, amount of tax to raised or appropriated, the city clerk shall report the amount thereof To report c.ty treasurer. to the city treasurer, stating the objects and funds for which it is levied, raised or appropriated, and the amounts thereof to be credited to each fund.† have authority to administer oaths and affirmations. He shall be clerk of the commissioners of public works, unless objected to by a majority vote of the commissioners.* To have general 'supervision over city reven- Sec. 47. The city clerk shall exercise a general supervision over all officers charged in any manner with the receipt, collection and ue'and property disbursement of the city revenues, and over all the property and assets of city. of the city; he shall have charge of all books, vouchers and documents relating to the accounts, contracts, debts and revenues of the cor- poration; he shall countersign and register all bonds issued, and keep a list of all property and effects belonging to the city, and of all its debts and liabilities: he shall keep a complete set of books, exhibiting the financial condition of the corporation in all its departments, funds, resources and liabilities, with a proper classification thereof, Monthly state- ments. Keep an account showing the purpose for which each fund was raised; he shall with treasurer. also keep an account with the treasurer in which he shall charge him with all moneys received from each of the several funds of the city, and credit him with all the warrants drawn thereon, keeping a separate account with each fund; when any fund has been exhausted, the city clerk shall immediately advise the council thereof. Account on oath for money rc- ceived. Sec. 48. The city clerk shall report to the council on the first Monday of each month, a statement showing the condition of all the funds of the city, and whenever required, a detailed statement of the receipts, expenditures, and financial condition of the city, of the debts to be paid, and the moneys required to meet the estimated expense of the corporation, and shall perform such other duties pertaining to his office as the council may require. Sec. 49. The city clerk shall account on oath to the council, at the first meeting in each month for all moneys [received] by him *As Amended by Act 110 of the Laws of 1891 †As Amended by Act 400 of the Laws of 1881. 1877. CITY OF YPSILANTI. 15 belonging to the city, and shall make such disposition thereof as the council shall by resolution direct. CITY TREASURER. bond. Sec. 50. The treasurer shall, before entering upon the duties of his Trea urer's office, file with the city clerk his bond, conditioned for the faithful per- formance of his duties as treasurer, in such amount, with such sure- ties as the common council shall require and approve; and such treasurer shall give to the treasurer of the county of Washtenaw such other security as is or may hereafter be required by law of the town- ship treasurers of the several townships of this State; and for the purposes of the return of all such taxes, and the return of property delinquent for the non-payment of taxes, the treasurer shall possess all the powers and perform all the duties of the several township treasurers of this State, as prescribed by law: Provided, however, That Proviso. the marshal of said city may make the oath required by law respect- ing the return and non-payment of delinquent taxes to the county treasurer. Sec. 51. The treasurer shall perform all such duties in relation to General duties. the collection of taxes as the council may prescribe. He shall have the custody of all moneys, bonds, mortgages, notes, leases, and evi- dences of value belonging to the city. He shall receive all moneys belonging to and receivable by the corporation, and keep an account of all receipts and expenditures thereof. He shall pay no money out of the treasury except in pursuance of and by authority of law, and upon warrants signed by the city clerk and countersigned by the mayor, which shall specify the purpose for which the amounts thereof are to be paid. He shall cancel such warrants, when paid, by legibly writing across the face thereof, the word "paid," and enter in a book to be kept by him, the number, date, amount, and time of payment of each warrant. He shall keep an account of and be charged with all taxes and moneys appropriated, raised or received for each fund of the corporation, and shall keep a separate account of each fund, and shall credit thereto all moneys raised, paid in, or appropriated there- for, and shall pay every warrant out of the particular fund constituted or raised for the purpose for which the warrant was issued, and hav- ing the name of such fund indorsed thereon by the city clerk. Sec. 52. The treasurer shall render to the council on the first Monthly report. Monday of every month, and oftener if required, a report of the amounts received and credited by him to each fund, and on what account received, and the amounts paid out by him from each fund during the preceding month, and the amount of money remaining in 16 CHARTER OF THE [1877. each fund on the day of his report, and at the time of rendering such report shall exhibit to the city clerk vouchers for all money so paid out during such preceding month. He shall also exhibit to the council Annual Report. annually, on the third Monday in April, and as often and for such period as the council shall require, a full and detailed account of the receipts and disbursements of the treasury since the date of his last annual report, classifying them therein by the funds to which such receipts are credited, and out of which such disbursements are made, and the balance remaining in each fund, which account shall be filed in the office of the city clerk, and shall be published in one of the newspapers of the city. To keep city moneys sepa- rate from his own money. Penalty. Marshalls security. Duties. Chief of Police. Superintendent of Poor. } Sec. 53. The treasurer shall keep all moneys in his hands belonging to the city separate and distinct from his own moneys; and he is hereby prohibited from using, either directly or indirectly, the cor- poration moneys, warrants, or evidences of debt in his custody or keeping, for his own use or benefit, or that of any other person. Any violation of this section shall subject him to immediate removal from office by the city council, who are hereby authorized to declare the office vacant, and to appoint his successor for the remainder of his term. CITY MARSHAL. Sec. 54. The city marshal or chief of police shall, before entering upon the discharge of the duties of his office, give such security for the faithful performance of his duties as the board of police commissioners shall direct and require, and he shall be the chief of police. And the city marshal shall collect all city taxes remaining unpaid on the first day of August, and all State, county and school taxes and all other taxes and assessments remaining unpaid after the first day of January.* Sec. 55. The city marshal or chief of police shall also act as city superintendent of poor, and shall perform the same duties that the supervisors of townships, under the general laws of the State, are required to perform in regard to the support of the poor, and the supervisors of said city are excepted from the general laws of the State relating to the support and maintenance of poor persons, so far as the same relates to the support of poor persons having a settlement in said city. The common council may make such regulations as they shall deem expedient for the support and relief of poor persons residing in said city, and for that purpose may prescribe by ordinance the duties of the marshal relating to the same.* *As Amended by Local Act 374 of the Laws of 1901. B 1877.] CITY OF YPSILANTI. 17 and duties as treasurers. Sec. 56. The marshal is hereby invested with and shall possess Same powers all the powers and perform all the duties of the several township township treasurers of this State, in enforcing the collection of all assessments on tax rolls placed in his hands for collection, remaining unpaid on said rolls when he shall receive the same. etc. Sec. 57. He shall suppress all riots, disturbance, and breaches Suppress riots of the peace, and for that purpose may command the aid of the citizens in the performance of such duty. He shall arrest all disor- derly persons in the corporation, and pursue and arrest any person fleeing from justice in any part of the State. He shall arrest upon view, and with or without process, any person found in the act of committing any offense against the laws of the State, or the ordinances of the city, and forthwith take such person before the proper magistrate or court for examination or trial, and shall arrest and imprison persons found drunk in the streets, or other public places, until they shall become sober. Sec. 58. He shall report in writing, and on oath, to the board Monthly report. of police commissioners on the first Monday in each month, all arrests made by him and the cause thereof and all persons dis- charged from arrest during the month, and the amount of all fines and fees collected by him. All money collected or received by him shall be paid into the city treasury, within two days after the same shall have been received, and the treasurer's receipt therefor shall be filed with the city clerk.* CITY ATTORNEY. and attorney for Sec. 59. The city attorney, in addition to other duties prescribed Legal advisor in this act, shall be the legal adviser of the council and of all the council, etc. officers of the city, and shall act as the attorney and solicitor of the corporation in all legal proceedings in which theh corporation is interested; he shall prosecute for offenses against the ordinances of the city, and shall attend the meetings of the common council when required. SUPERVISORS supervisors of Sec. 60. The supervisors for each judicial district are hereby To perform authorized and required to perform the same duties in their same duties as respective districts that the supervisors of townships, under the townships. general laws of the State, are required to perform in relation to the assessing of property and levying of taxes for State, county, and school purposes, and they shall also issue their warrant to the warrant te marshal *As Amended by Local Act 374 of the Laws of 1901. } 18 CHARTER OF THE [1877. List of jurors. Duties. Duties. marshal of the city for the collection of such taxes in the same manner as the supervisors of townships issue warrants to the treasurers of townships for the collection thereof; they shall also represent their several districts in the board of supervisors of the County of Washtenaw, and shall be entitled and shall be entitled to all the rights, privileges, and powers as the members of said board of supervisors. They shall select and return lists of grand and petit jurors to the clerk of the county, in the same manner and within the same time as the like duty is required to be performed by township officers. COMMISSIONERS OF PUBLIC WORKS. 1. Sec. 61. The commissioners of public works, under the general direction of the common council, shall have charge of the water- works, electric lights, parks, and such other public property as may be put in their charge by the common council They shall superin- tend the running of the waterworks and electric light, shall employ and superintend all help necessary to run the same; said commis- sioners shall have the supervision of collecting all water rates, and shall deposit all money collected by them with the city treasurer at least once each week, and take his receipt therefor, and the clerk of said commissioners shall file a report, in writing, under oath, on the first of each month, with the common council, showing the amount of money collected during the preceding month with the treasurer's receipt for the same thereto attached; they shall keep all public property under their control in good repair, and report to the common council on the first and third Mondays of each month, in writing, giving an exact statement of all labor performed by them or under their supervision, and the charges therefor, the amount of material used and the expense thereof, and the place where such material was used or labor performed, and further showing the items and purposes of all expenses incurred since their last preceding report; and no payment for material furnished, services performed, or for expenses incurred, shall be made until reported Said com- as aforesaid, and ordered paid by the common council. missioners shall perform all other duties that may be required of them by ordinance or resolution of the common council.* STREET COMMISSIONER. Sec. 62. The street commissioner shall, under the general direc- tion of the common council and the senior alderman for each ward, superintend all work to be done or performed, ordered or required to be done or performed, upon or in relation to any of the public *As Amended by Local Act 374 of the Laws of 1901. 1877.] CITY OF YPSILANTI. 19 streets, walks, bridges, or public pounds, and shall perform such other duties as may be required by ordinance or request of the common council. He shall make a report to the council, in writing, and on oath, twice in each month, giving an exact statement of all labor performed by him or under his supervision, and the charges therefor, the amount of material used and the expense thereof, and the streets or places where such material was used or labor per- formed, and further showing the items and purposes of all expenses incurred since his last preceding report, and no payment for labor or services performed, or for expenses incurred by him, shall be made until reported on oath as aforesaid, and ordered paid by the common council.* JUSTICES OF THE PEACE. laws. Sec. 63. The justices of the peace elected in said city under Same jurisdiction the provisions of this act shall have and exercise therein and within and powers as are given to jus- the county the same jurisdiction and powers in all civil and criminal tice by general matters, causes, suits, and proceedings, and shall perform the same duties in all respects, so far as occasion may require, as are or may be conferred upon or required of justices of the peace by the general laws of the State: Provided, That all actions within the Proviso. jurisdiction of justices of the peace may be commenced and prose- cuted in said justices' courts whenever the plaintiffs or defendants, or one of the plaintiffs or defendants, reside in either the said city or in the townships of Ypsilanti, Augusta, Pittsfield, Salem, Superior, Saline, and York, in said county; they shall have exclusive juris- diction, except in cases where jurisdiction is given by this act to jurisdiction. some other court, and within the limits prescribed by law to hear, try, and determine all actions and prosecutions for the recovery or enforcing of fines, penalties and forfeitures for violations of this act or any law of this State within the city of Ypsilanti, and for encroachments upon, and injuries to, any of the streets, alleys, and public grounds within the city. They shall have authority to hear, try, and determine all suits and prosecutions for the recovery or enforcing of fines, penalties, forfeitures imposed by the ordinances of the city, and to punish offenders for violations of such ordinance, as in the ordinances prescribed and directed, subject only to the limitations prescribed in section ninety-eight of this act.f When exclusive Sec. 64. The proceedings in all suits, actions, and prosecutions Proceedings before said justices, and in the exercise of the powers and duties ed by law for conferred upon and required of them, shall, except as otherwise justices of the same as prescrib- peace. *As Amended by Act 110 of the Laws of 1891. †See also section 303 and 317, House Enrolled Act 156 of the Laws of 1905. 20 CHARTER OF THE [1877. Docket. When fines, etc., to be paid to treasurer. Monthly report. Fines for violation of penal laws. Bond. provided in this act, be according to, and governed by, the general laws applicable to courts of justices of the peace, and to the pro- ceedings before such officers. Sec. 65. Every justice of the peace shall enter in the docket kept by him the title of all suits and prosecutions commenced or prose- cuted before him for violation of the ordinances of the city, and all the proceedings, and the judgment rendered in every such cause, and the items of all costs taxed or allowed therein; and also the amounts and date of payment of all fines, penalties, and forfeitures, moneys and costs received by him on account of any such suit or proceeding. Such docket shall be submitted by the justice at all times to the examination of any person desiring to examine the same, and shall be produced by the justice to the council whenever required. Sec. 66. All fines, penalties, and forfeitures collected or received by any justice of the peace for or on account of violations of the penal laws of the State, and all fines, penalties, forfeitures, and moneys collected or received by such justice, for or on account of violations of any ordinances of the city, shall be paid over by such justice to the city treasurer on or before the first Monday of the month next after the collection or receipt thereof. And the justice shall take the receipt of the city treasurer therefor and file the same with the city clerk.* Sec. 67. Every such justice shall report, on oath, to the council, at the first regular meeting thereof in each month, the name of every person against whom a prosecution has been commenced, or judg- ment rendered for any of the fines, penalties, or forfeitures mentioned in the preceding section, and the amount of all moneys received by him on account thereof, or on account of any such suit or prosecution, and the amount thereof paid to the city treasurer since the last preceding report. Sec. 68. All fines recovered for the violation of the penal laws of the State, when collected and paid into the county treasury, shall be disposed of as provided by law. The expenses of prosecutions before justices of the peace of the city for violations of said criminal laws, and in punishing the offenders, shall be paid by the county of Washtenaw. لو Sec. 69. Each justice of the peace, in addition to any other security required by law to be given for the performance of his official duties, shall, before entering upon the duties of his office, *Sec also section 314, House Enrolled Act 156 of the Laws of 1905. 1877.] CITY OF YPSILANTI. 21 give a bond to the city in the penal sum of one thousand dollars. with sufficient sureties to be approved by the mayor, which approval shall be endorsed upon the bond, conditioned for the faithful per- formance of the duties of justice of the peace within and for the city. misconduct in Sec. 70. Any justice of the peace who shall be guilty of mis- Penalty for conduct in office, or who shall willfully neglect or refuse to perform office. or discharge any of the duties of his office required by this act or any of the ordinances of the city, shall be deemed guilty of a mis- demeanor, and punishable accordingly, and upon conviction thereof by a court of competent jurisdiction, may be suspended from office by the council during its pleasure. seized. Sec. 71. Every justice of the peace of the city shall account on Account for stol- oath to the council, at their meeting in each month, for all such en property moneys, goods, wares, and property seized as stolen property, as shall then remain unclaimed in his office, and shall make such dis- position thereof as shall be prescribed by the ordinances of the city. Sec. 72. Appeals from their judgments may be made to the Appeals. circuit court for the county of Washtenaw, in the same manner as appeals from justices' judgments in townships are made, and in all cases of judgments rendered by a justice of the peace of the city, either party may remove such judgment by a writ of certiorari into the circuit court for Washtenaw county, in, the same manner as justices' judgments in townships are removed. E CONSTABLES. Sec. 73. The constables of the city shall have the like powers Powers and and authority in matters of civil and criminal nature, and in relation authority. to the service of all manner of criminal process, as are conferred by law upon constables in townships, and shall receive the like fees for their services. They shall have power also to serve all process issued for breaches of the ordinances of the city. They shall obey all law- ful orders of the mayor, aldermen and marshal, and of any court or justice of the peace exercising jurisdiction in causes for breaches of the ordinances of the city; and shall discharge all duties required of them by any ordinance, resolution, or regulation of the council; and for any neglect or refusal to perform any duty required of him, every constable shall be subject to a penalty of not less than five nor more than fifty dollars. Every constable, before entering upon the duties of his office, shall give such security for the performance of the security duties of his office as is required of constables in townships, or as may be required by the council, and file the same with the city clerk. 22 [1877. CHARTER OF THE 1 Powers of council as to duties of officers. Duties of School inspectors per- formed by school board. Supervisors. Justice of the peace, etc. Of other officers determined by council. General powers, Sec. 75. In addition to the rights, duties, powers, and liabilities duties and liabil- of officers prescribed in this act, all officers, whether elected or ities of officers. appointed, shall have such other rights, powers, duties and liabilities, subject to and consistent with this act, as the council shall deem expedient, and prescribe by ordinance or resolution. Increasing or diminishing salary. GENERAL PROVISIONS. Sec. 74. The health physician, fire wardens, common criers, pound masters, inspectors of firewood, and weigh masters, shall per- form such duties, and shall file such securities as the common council shall by ordinance direct. Sec. 76. The duties of school inspectors for said city shall be hereafter performed by the school board of district number four, and the secretary of said board shall make the annual report to the county clerk, in the same manner as the same is required to be made by township school inspectors. COMPENSATION OF OFFICERS. Sec. 77. The supervisors for their services in assessing the property and copying the tax rolls, and for extending the taxes there- on, shall receive such compensation as the common council shall annually determine within the following limitations: to the super- visor of the first judicial district, a sum not exceeding two hundred dollars per annum; to the supervisor of the second judicial district, a sum not exceeding one hundred and eighty dollars per annum. And for all other services performed by them, they shall receive the same compensation as is by law allowed supervisors of townships for the time actually employed. Justices of the peace and officers serving process and making arrests may, except as herein otherwise provided, when engaged in causes and proceedings for violations of ordinances of the city, charge and receive such fees as are allowed to those officers for like services by the general laws of the State.* All other officers elected or appointed in the city shall, except as herein otherwise provided, receive such compensation as the council shall determine.† Sec. 78. The salary or rate of compensation of any officers elected or appointed by authority of this act shall not be increased or diminished during his term of office, except by a three-fourths vote of all the aldermen elect, and no person who shall have resigned or vacated any office shall be eligible to the same office during the *See also section 304 and 317, House Enrolled Act 156 of the Laws of 1905, †As Amended by Act 400 of the Laws of 1881. 1877.] CITY OF YPSILANTI. 23 term for which he was elected or appointed, when during the same time the salary or rate of compensation has been increased. mine salary of Sec. 79. The common council shall annually determine the salary council to or compensation to be paid to the following named officers of said annually deter- city within the limitations hereinafter prescribed, and which shall officer. be as follows, viz.: To the mayor a sum not exceeding one dollar per annum; to the city clerk, in addition to his fees and perquisites pre- scribed by law, a sum not exceeding six hundred dollars per annum; which shall be in full for all services performed by him; to the city treasurer a sum not exceeding two hundred dollars per annum; to the city attorney a sum not exceeding two hundred dollars per annum; to the street commissioner a sum not exceeding four and eighty dol- lars per annum; to the health physician a sum not exceeding one dollar per annum; to the chief of fire department a sum not exceeding one hundred dollars per annum. The compensation of each alderman Compensation is hereby fixed as follows: For services as inspector at any general or special election, the sum of two dollars per day; for services upon the city board of registration, the sum of two dollars per day; for services on the board of review, the sum of two dollars per day; for services on the board of health, the sum of twenty dollars per year; for all other duties of aldermen, either under the provisions of the charter or under the State laws, the sum of one dollar per annum.* of aldermen. COMMON COUNCIL. Legislative Sec. 80. The legislative authority of said city shall be vested in a common council consisting of the two aldermen from each ward, authority. and the mayor. Sec. 81. The city clerk shall be clerk of the council, but shall have no vote therein. He shall keep a full record of all the proceedings of the council, and perform all such other duties relating to his office as the council may direct. In the absence of the city clerk the council shall appoint one of their number to perform the duties of his office for the time being. Clerk. Sec. 82. The aldermen, each of whom shall be entitled to a vote Vote. in all the proceedings of the council, are required to attend at the meetings and sessions thereof, and to serve upon committees whenever appointed thereon. Sec. 83. The council shall hold regular stated meetings for the Meetings, transaction of business, at such times and places within the city as it shall prescribe, not less than two of which shall be held in each month. The mayor may appoint special meetings thereof, notice of *As Amended by Local Act 374 of the Laws of 1901. Special meetings. 24 CHARTER OF THE [1877. Quorum. When two- thirds vote required. Money, how appropriated. Majority vote on resolutions. etc. Manner of con- ducting business. Publication of proceedings. Power over its members and other city officers. which, in writing, shall be given to each alderman, or be left at his place of residence, at least twelve hours before the meeting. Sec. 84. All meetings and sessions of the council shall be in public. A majority of the aldermen shall make a quorum for the transaction of business; a less number may adjourn from time to time, and may compel the attendance of absent members in such a manner as shall be prescribed by ordinance. But no office shall be created or abolished, nor any tax or assessment be imposed, street or alley, or public ground be vacated, real estate or any interest be purchased, sold of disposed of, or private property be taken for public use, unless by ordinance or resolution of the common council, and a concurring vote of two-thirds of all the aldermen elect; nor shall any vote of the common council be reconsidered or rescinded at a special meeting, unless there be present as many aldermen as were present when such vote was taken. No money shall be appropriated except by ordinance or resolution of the council; nor shall any resolution be passed or adopted except by a vote of a majority of all the aldermen elected to office, except as herein otherwise provided. Sec. 85. The council shall prescribe the rules of its own proceed- ings, and keep a record or journal thereof. All votes shall be taken by yeas and nays when by the provisions of this act a two-thirds vote is required, and also when called for by any member of the council, and be so entered upon the journal as to show the names of those voting in the affirmative, and those in the negative; and within one week after any meeting of the council, all the proceedings taken thereat shall be published in one of the newspapers of the city, unless the council otherwise direct. Sec. 86. The council may compel the attendance of its members and other officers of the city at its meetings in such manner, and may enforce such fine for non-attendance, as may by ordinance be pre- scribed; and may by ordinance prescribe punishment for any misbe- havior, contemptuous or disorderly conduct, by any member or any person present at any session of the council. City officers to when required. Sec. 87. The city attorney, commissioners of public works, street give information commissioner, marshal, city surveyor, and engineer of the fire de- partment, shall give opinions and information on all subjects relating to their respective departments when required. Said officers may be required to attend the meetings of the council in the same manner as members, but without the power to vote.* *As Amended by Act 110 of the Laws of 1891. 1877.] CITY OF YPSILANTI. 25 Sec. 88. The council shall have control of the finances, and of Control of all the property, real and personal, of the city corporation, except as may be otherwise provided by law. finances and property. ** legal powers. Sec. 89. Whenever by this act or any other provision of law, Execution of any power or authority is vested in, or duty imposed upon, the cor- poration or council, the council may enact such appropriate ordinances as may be necessary for the execution and exercise of such power and authority, and to regulate the performance of such duty. committees. Sec. 90. The mayor may appoint standing committees of the coun- Standing cil, who shall perform such duties, investigate, have charge of, and report upon such matters as may be properly referred to them. ited. Sec. 91. The council shall cause all the records of the corporation, Records, reports, receipts, etc.. and all proceedings of the council, and all books, documents, reports, where depos- contracts, receipts, vouchers, and papers relating to the finances and affairs of the city, or the official acts of any officer of the corporation, unless required by law to be kept elsewhere, to be deposited and kept in the office of the city clerk, and to be so arranged, filed and kept, as to be convenient of access and inspection, and all such records, books, and papers shall be subject to inspection, by any inhabitant of the city or other person interested therein, at all reasonable times, except such parts thereof, as, in the opinion of the council, it may be necessary for the furtherance of justice to withhold for the time being. Any person who shall secrete, injure, deface, alter, or destroy Penalty for any such books, records, documents, or papers, or expose the same to injuring, etc. loss or destruction, with intent to prevent the contents, or true meaning or import of any part thereof from being known, shall, upon conviction thereof, be punished by imprisonment in the State prison not longer than one year, or by fine not exceeding one thousand dollars or by both such fine and imprisonment, in the discretion of the court. interested Sec. 92. No member of the council, or any officer of the corporation, City officers shall be interested, directly or indirectly, in the profits of any contract, prohibited from job, work, or services, other than official services to be performed for in contract. the corporation. Any member of the council, or officer of said city herein specified, offending against the provisions of this section, shall, upon conviction thereof, be fined not less than five hundred nor more than one thousand dollars, or be imprisoned in the county jail not less than one nor more than six months, or both, in the discretion of the court, and shall forfeit his office. Penalty office. Sec. 93. Any person appointed to office by the council by authority Removal from of this act, may be removed therefrom by a concurring vote of two- thirds of all the aldermen elect; and the council may expel any alder- man, or remove from office any person elected thereto, by a concur- 26 CHARTER OF THE [1877. Proviso. Investigation of charges against officers. Power conferred for purpose of investigation. Auditing of accounts and claims against city. ring vote of two-thirds of the aldermen elect. In case of elective officers, provision shall be made by ordinance, for preferring charges and trying the same; and no removal of an elective officer shall be made unless a charge in writing is preferred, and an opportunity given to make a defense thereto: Provided, That the provisions of this section shall not apply to the mayor or justices of the peace.* Sec. 94. To enable the council to investigate charges against any officer or such other matter as they may deem proper to investigate, the mayor or any justice of the peace of the city is empowered, at the request of the council, to issue subpoenas or process of warrant, to compel the attendance of persons, and the production of books and papers, before the council, or any committee thereof. Sec. 95. Whenever the council, or any committee of the members thereof, are authorized to compel the attendance of witnesses for the investigation of matters which may come before come before them, the mayor or chairman of such committee for the time being, shall have power to administer the necessary oath; and such council or com- mittee shall have the same power to compel the witness to testify as is conferred on courts of justice of the peace. Sec. 96. The council shall audit and allow accounts chargeable against the city, and when required by the common council, every account shall be accompanied by an affidavit of the person rendering it, to the effect that he verily believes that the services or property therein charged have been actually performed, or delivered to the city, that the sums charged therefor are reasonable and just, and that to the best of his knowledge and belief no set-off exists, nor payment has been made on account thereof, except such as are endorsed or referred to in such account or claim. And every account shall exhibit in detail all the items making up the amount claimed, and the true date of each. It shall be sufficient defense in any court, to any action or proceeding, for the collection of any demand or claim against the city, that it has never been presented to the council for allowance; or that the claim was presented without the affidavit aforesaid, and rejected for that reason; or that the action or proceeding was brought before the council had a reasonable time to investigate and pass upon it. ORDINANCES AND RESOLUTIONS. Sec. 97. The style of all the ordinances shall be, "The common passage and time Council of the city of Ypsilanti ordain." All ordinances shall require Style; vote on of taking effect. for their passage, the concurrence of a majority of all the aldermen *As Amended by Act 110 of the Laws of 1891. 1877.] CITY OF YPSILANTI. 27 elect. The time when any ordinance shall take effect shal. be prescribed therein. Such time, when the ordinance imposes a penalty, shall not be less than ten days from the day of its passage. Sec. 98. When by the provision of this act the council of said city Fines and penalties. has authority to pass ordinances for any purpose, they may prescribe fines, penalties and forfeitures not exceeding one hundred dollars, unless a greater fine or penalty is herein authorized, or imprisonment not exceeding ninety days, or both, in the discretion of the court, together with the costs of prosecution, for each violation of any of said ordinances; and may provide that the offender, on failing to pay any such fine, penalty, or forfeiture, and the costs of prosecution, may be imprisoned for any term not exceeding ninety days, unless payment thereof be sooner made; and may direct such imprisonment to be in the Detroit house of correction, or in the county jail of the county of Washtenaw, or in such other prison or place of confinement in the State as the council may prescribe; and that the offender be kept at labor during such imprisonment. Such fine, penalty, forfeiture, and imprisonment for the violation of any ordinance shall be prescribed therein. ... mayor. Sec. 99. On the same day, or on the next day after the passage Approval of of an ordinance, the clerk of the common council shall present the ordinances by same to the mayor or other person performing the duties of mayor, for his approval. No ordinance shall be of any force without the written approval of the mayor or other person performing for the time being the duties of his office, unless he omit to return it to the city clerk with his objections within six days after its presentation to him, or in case of the absence of the city clerk, to the common council at its next regular meeting; in case of his approval or failure to return as aforesaid, it shall be regularly enacted. If, after the return of the ordinance with the objections thereto, as aforesaid, the same shall be passed or re-enacted by a vote of two-thirds of all the alder- men elected, the ordinance shall be regularly enacted, and the time of its re-enactment shall be deemed to be the time of its passage: Provided, however, That no resolution passed by the common council shall have any force or effect for one week, unless sooner approved by the mayor. If the mayor, or other officer legally discharging the duties of mayor, shall within one week after the passage of such reso- lutions, lodge in the office of the city clerk his reasons, in writing, why the same shall not go into effect, the same shall not go into effect, unless at a subsequent council it shall be passed by a majority of two-thirds of all the aldermen elected, and if so re- passed, shall go into effect according to the terms thereof. Proviso. 28 CHARTER OF THE [1877. Duty of clerk Sec. 100. At the time of presenting any ordinance to the mayor for relative to date his approval, the city clerk shall certify thereon, and also in the of presentation of ordinances for approval. journal or record of the proceedings of the council, the time when the same was so presented, and shall also certify thereon, and in such journal or record, the time of the return of such ordinances, and whether approved or with objections, and shall at the next meeting of the council, report any ordinance returned with objections thereto. Revival and amendment of ordinances. Record of ordinances. Publication of ordinances. Certificate of publication. Time and place for commence- ment of prosecutions. Sec. 101. No ordinance shall be amended unless the whole, or so much as is intended to be amended, shall be re-enacted. When any section of an ordinance is amended the whole section is amended, and shall be re enacted. Sec. 102. All ordinances, when approved by the mayor, or when regularly enacted, shall be immediately recorded by the city clerk in a book to be called "the record of ordinances," and it shall be the duty of the mayor and city clerk to authenticate the same by their official signatures upon such record. Sec. 103. Immediately after passage of any ordinance, the same shall be published once in some weekly newspaper printed and circu- lated within the city, and the city clerk shall immediately after such publication enter upon the record of ordinances, in a blank space to be left for such purpose, under the recorded ordinance, a certificate stating in what newspaper and of what date such publication was made, and sign the same officially; and such certificate shall be prima facia evidence that legal publication of such ordinance has been made. Proof of ordinan- Sec. 104. In all courts having authority to hear, try, or determine ces, etc., in court. any matter or cause arising under the ordinances of said city, and in all proceedings in such city relating to or arising under the ordi- nances or any ordinance thereof, judicial notice shall be taken of the enactment, existence, provisions, and continuing force of the ordinances of the city. And whenever it shall be necessary to prove any of the laws, regulations, or ordinances of said city, or any reso- lutions adopted by the council thereof, the same may be read in evi- dence in all courts of justice, and in all proceedings, First, From a record thereof kept by the city clerk; Second; From a copy of such record, certified by the city clerk under the seal of the city. Third, From any volume of ordinances purporting to have been written or printed by authority of the council. ENFORCEMENT OF ORDINANCES. Sec. 105. Prosecutions for violations of the ordinances of said city shall be commenced within two years after the commission of the offense, and shall be brought within the city. 1877.] CITY OF YPSILANTI. 29 forfeitures. Sec. 106. Whenever a pecuniary penalty or forfeiture shall be Recovery of incurred for the violation of any ordinance, and no provision shall penalties and be made for the imprisonment of the offender upon conviction thereof, such penalty or forfeiture may be recovered in an action of debt, or an assumpsit; and if it be a forfeiture of any property, it may be sued for and recovered in an action of trover, or other appropriate action. And whenever a corporation shall incur a penalty or forfeiture for the viclation of any ordinance, the same shall be sued for in one of the actions aforesaid. Sec. 107. Such action shall be brought in the name of The City Idem. of Ypsilanti, and shall be commenced by summons. The form, time of return, and service thereof, the pleadings and all the proceedings in the case shall, except as otherwise provided herein, conform to and be the same, as nearly as may be, as in like actions provided by law for the recovery of penalties for the violations of the laws of the State. Upon the rendition of judgment against the defendant, exe- cution shall issue forthwith, and excepting when against a corpora- tion, shall require, if sufficient goods and chattels cannot be found to satisfy the same, that the defendant be committed to prison, there to remain for a period not exceeding ninety days, unless such exe- cution be sooner paid, or he be discharged by due course of law; but imprisonment without payment shall not operate as a satisfaction of the judgment, nor shall costs be allowed to the defendant in any such action. Sec. 108. Prosecutions for violations of the ordinances of the suits commenced city may also, in all cases, except against corporations, be commenced by warrant. by warrant for the arrest of the offender. Sec. 109. Such warrant shall be in the name of the people of the State of Michigan, and shall set forth the substance of the offense complained of, and be substantially of the form, and be issued upon complaint made, as provided by law in criminal cases recognizable by justices of the peace. And the proceedings relating to the arrest Proceedings. and custody of the accused during the pendency of the suit, the plead- ings and all proceedings upon the trial of the cause, and in pro- curing the attendance and testimony of witnesses, and in the ren- dition of judgment, and execution thereof, shall, except as otherwise provided by this act, be governed by and conform as nearly as may be to the provisions of law regulating the proceeding in criminal causes cognizable by justices of the peace. Form of warrant. Sec. 110. If the accused shall be convicted, the court shall render Rendit on of judgment thereon, and inflict such punishment, either by fine or judgment. imprisonment, or both, not exceeding the limit prescribed in the 30 CHARTER OF THE [1877. Execution of judgment. Process to whom directed. Setting forth of ordinances in complaints. pleadings, etc. ordinance violated, as the nature of the case may require, together with costs of prosecution. Sec. 112. Said city shall be allowed the use of the jail of the House of Correc- county of Washtenaw for the confinement of all persons liable to Use of county jail, Detroit tion, etc. imprisonment under the ordinances thereof, or under any of the provisions of this act, and any person so liable to imprisonment may be sentenced to and committed to imprisonment in such county jail or in the Detroit house of correction, or other place of confinement provided by the city, or authorized by the ordinances of the city, and the sheriff or other keeper of such jail, or other place of confinement or imprisonment, shall receive and safely keep any person committed thereto as aforesaid, until lawfully discharged. Statement of cause of action in complaint, etc. Sec. 111. Every such judgment shall be executed by virtue of an execution or warrant of commitment specifying the particulars of the judgment. If the judgment be for the payment of a fine only, with or without costs, execution of the form prescribed in section one hundred and seven of this act shall issue forthwith. If the judgment be for both fine and imprisonment, a warrant shall issue immediately for the commitment of the defendant until the expiration of the term mentioned in the sentence, and an execution shall issue at the same time against the goods and chattels of the defendant for the collection of the fine or forfeiture imposed; but in neither case above mentioned shall the imprisonment without payment operate as a satisfaction of the fine and costs imposed. In cases where a fine, and imprisonment in default of payment thereof, or where imprisonment alone is im- posed, a warrant of commitment shall issue accordingly, in the former case, until the expiration of the sentence, unless the fine and costs be sooner paid, and in the latter for the term named in the sentence. 1 Sec. 113. All process issued in any prosecution or proceeding for the violation of any ordinance of the city, shall be directed "To the marshal of the city of Ypsilanti," or "to the sheriff or any constable of the county of Washtenaw," and may be executed in any part of the State by said officers. Sec. 114. It shall not be necessary in any suit, proceeding, or prosecution, for the violation of any ordinance of the city, to state or set forth such ordinance, or any provisions thereof, in any com- plaint, warrant, process or pleading therein; but the same shall be deemed sufficiently set forth or stated by reciting its title and the date of its passage or approval. And it shall be a sufficient statement of the cause of action in any such complaint or warrant, to set forth substantially, and with reasonable certainty as to time and place, 1877.J CITY OF YPSILANTI. 31 the act or offense complained of, and to allege the same to be in violation of an ordinance of the city, referring thereto by its title and the date of its passage or approval, and every court or magistrate having authority to hear or determine the cause, shall take judicial notice of the enactment, existence and provisions of the ordinance of the city, and the resolution of the council, and of the authority of the city to enact the same. Trial by and Sec. 115. In all prosecutions for violations of the ordinances of the city, either party may require a trial by jury. Such jury, except where forming of jury. other provision is made, shall consist of six persons; and in suits as in commenced by warrant, shall be selected and summoned criminal cases cognizable by justices of the peace, and in suit com- menced by summons as in civil causes triable before such magistrates. No inhabitant of the city shall be incompetent to serve as a juror in any cause or proceeding in which the city is a party, or interested, on account merely of such interest as he may have in common with the inhabitants of the city in the result of the suit. circuit court. Sec. 116. Any party convicted of a violation of any ordinance of the city, in a suit commenced by warrant, as aforesaid, may remove Appeal to the judgment and proceedings into the circuit court for the county of Washtenaw, by appeal or writ of certiorari; and the proceedings the therefor, and the bond or security to be given thereon, and proceedings and disposition of the cause in the circuit court, shall Bond of Security and proceedings. be the same as on appeal and certiorari in criminal cases cognizable by justices of the peace; and in suits to which the city shall be a party, brought to recover any penalty or forfeiture for such violations, either party may appeal from the judgment, or remove the proceedings by certiorari, into the circuit court, and the like proceed- ings shall be had therefore and thereon, and the like bond or security shall be given, as in cases of appeal and certiorari in civil causes, tried before justices of the peace, except that the city shall not be required to give any bond or security thereon. The circuit court of said county shall also take judicial notice of the ordinances of the city, if paid before the accused is commited, shall be receivd thereof. + Sec. 117. All fines imposed for the violation of the ordinances Fines by whom of the city, if paid before the accused is committed, shall be received receivable. by the court or magistrate before whom the conviction was had. If any fine shall be collected upon execution, the officer or person re- ceiving the same shall immediately pay over the money collected to such court or magistrate. If the accused be committed, payment of the fine and costs imposed shall be made to the sheriff or other keeper of the county jail, or to the keeper of the Detroit house of cor- rection, who shall, within thirty days thereafter, pay the same to said 32 CHARTER OF THE [1877. court or magistrate; and the court or magistrate receiving any such fine, or penalty, or any part thereof, shall pay the same into the city into city treasury, treasury on or before the first Monday of the month next after the Monthly payment receipt of the same, and take the treasurer's receipt therefor, and file the same with the city clerk. Cases of neglect to pay over fines. Penalty for neglect. Disposition of fines paid into city treasury. Security for costs. Power and authority and exercise thereof. Prevention of vice, etc. Vagrants, etc. Nuisances. Sec. 118. If any person who shall have received any such fine, or any part thereof. shall neglect to pay over the same pursuant to the foregoing provision, it shall be the duty of the council to cause suit to be commenced immediately therefor, in the name of the city and to prosecute the same to effect. Any person receiving any such fine, who shall wilfully neglect or refuse to pay over the same as required by the foregoing provisions, shall be deemed guilty of a misdemeanor, and shall be punished accordingly. Sec. 119. Fines paid into the city treasury for violations of ordi- nances of the city, shall be disposed of as the council may direct. The expenses of the apprehension and punishment of persons violating the ordinances of the city, excepting such part as shall be paid by costs collected, shall be defrayed by the city. Sec. 120. In all prosecutions for violations of the ordinances of the city, commenced by any person other than an officer of the city, the court shall require the prosecutor to file security for the payment of the costs of the proceedings, in case the defendant is acquitted. GENERAL POWERS OF THE COMMON COUNCIL. Sec. 121. The common council of said city shall, in addition to such other powers as are herein conferred, have the general powers and authority in this chapter mentioned: and may pass such ordin- ances in relation thereto, and for the exercise of the same, as they may deem proper, viz.: First. To restrain and prevent vice and immorality, gambling, noise, and disturbance, indecent or disorderly conduct or assemblages, and to punish for the same: to prevent and quell riots; to preserve peace and good order, and to protect the property of the corporation, and of its inhabitants. and of any association, public or private cor- poration or congregation therein, and to punish for injuries thereto, or for unlawful interference therewith; Second, To apprehend and punish vagrants. drunkards, disorderly persons, and common prostitutes; Third, To prevent injury or annoyance from anything dangerous, offensive, or unhealthy; to prohibit and remove anything tending to cause or promote disease; to prevent and abate nuisances, and to 1877.] CITY OF YPSILANTI. 33 punish those occasioning them, or neglecting or refusing to abate, discontinue, or remove the same; and generally to determine and declare what shall be called nuisances; houses. Fourth, To prohibit and suppress all disorderly houses and places, Disorderly houses of ill-fame, assignation houses, gaming houses, and all places where persons resort for gambling, or to play at games of chance, and to punish the keepers thereof; Fifth, To regulate, license, prohibit and suppress billiard and Billiard tables. pigeon-hole tables, nine or ten pin alleys or tables, and ball-alleys, and to punish the keepers thereof; Sirth, To prohibit and suppress every species of gaming, and to Gaming. authorize the seizure and destruction of all instruments and devices used for the purpose of gaming; Seventh, To regulate, prohibit and suppress ale, beer, and porter Ale-Houses. houses, and all places of resort for tippling and intemperance, and to punish the keepers thereof; and all persons assisting in carrying on the business thereof, and to require all places to be closed on the Sabbath day, and upon such other days, and during such hours of every night as the council shall prescribe; Eighth, To prevent the selling or giving of any spirituous, fer- spirituous mented, or intoxicating liquors to any drunkard or infemperate person, liquors, etc. minor, or apprentice, and to punish any person so doing; Ninth, To regulate, license, restrain, and prohibit all sports, exhi- shows, etc. bitions of natural or artificial curiosities, caravans, circuses, menageries, theatrical exhibitions, shows, and all exhibitions of what- ever name or nature, for which money or other reward is in any manner demanded or received, lectures or historic, literary or scien- tific subjects excepted: Tenth, To prevent and punish violations of the Sabbath day, and violation of the disturbance of any religious meeting, congregation, or society, Sabbath. or other public meeting assembled for any lawful purpose; and to require all places of business to be closed on the Sabbath day; Eleventh, To license auctioneers, auctions, and sales at auction; Auctions, etc. to regulate or prohibit the sale of live or domestic animals at auction in the streets or alleys, or upon any public grounds within the city; to regulate or prohibit the sale of goods, wares, property, or anything at auction, or by any manner of public biddings or offers by the buyers or sellers after the manner of auction sales or Dutch auctions. and to license the same, and to regulate the fees to be paid by and 34 CHARTER OF THE [1877. Peddlers, pawn- brokers, etc. License of public houses. Hacks, etc. Inspection of meats, etc. Inspection of wood, lumber, etc. Weights and measures. Vaults, cisterns, etc. Obscenity. athing. Purity of streams, ponds, etc. Offensive places. to auctioneers; but no license shall be required in cases of sales required by law to be made at auction or public vendue; Twelfth, To license hawkers, peddlers, and pawnbrokers, and hawking and peddling, and to regulate, license or prohibit the sale or peddling of goods, wares, merchandise, refreshments, or any kind of property or thing (things) by persons going about from place to place in the city for the purpose, or from any stand, cart, vehicle, or other device, in the streets, highways, or in or upon public grounds or buildings in the city; Thirteenth, To regulate and license all taverns and houses of pub- lic entertainment; all saloons, restaurants, and eating houses; Fourteenth, To license and regulate all vehicles of every kind. used for transportation of persons or property, for hire, in the city; Fifteenth, To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, flour, meat and other provision's. Sixteenth, To regulate the inspection, weighing, and measuring of brick, lumber, firewood, coal, hay, and any articles of merchandise; Seventeenth, To provide for the inspection and sealing of weights and measures; Eighteenth, To enforce the keeping and use of proper weights and measures by venders; Nineteenth, To regulate the construction, repair, and use of vaults, cisterns, areas, hydrants, pumps, sewers, and gutters; Twentieth, To prohibit and prevent, in the streets or elsewhere In said city, indecent exposure of the person, the show, sale, or exhibition for sale, of indecent or obscene pictures, drawings, engrav- ings, paintings and books and pamphlets, and all indecent or obscene language, exhibitions, and shows of every kind; Twenty-first, To regulate or prohibit bathing in the rivers, ponds, streams, and waters of the city; Twenty-second, To provide for clearing the rivers, ponds, and streams of the city, and the races connected therewith, of all drift- wood and noxious matter; to prohibit and prevent the depositing therein of any filth or other matter tending to render the waters thereof impure, unwholesome, and offensive; Twenty-third, To compel the owner or occupant of any grocery, tallow-chandler shop, soap or candle factory, butcher shop or stall, slaughter house, stable, barn, privy, sewer, or other offensive, i CITY OF YPSILANTI. 1877.] 35 nauseous, or unwholesome place or house, to cleanse, remove or abate the same whenever the council shall deem it necessary for the health, comfort, or convenience of the inhabitants of the city. Twenty-fourth, To regulate the keeping, selling and using of gun- Gunpowder, etc. powder, firecrackers, and fireworks, and other combustible materials, and the exhibition of fireworks, and the discharge of firearms, and to restrain the making of lighting of fires in the streets and other open spaces in the city; Construction of etc. Twenty-fifth, To direct and regulate the construction of cellars, slips, barns, private drains, sinks, and privies; to compel the owner cellars, drains, or occupant to fill up, drain, cleanse, alter, relay, or repair the same, and to pull down or remove any building, fence, or structure which may be unsafe or liable to fall and injure persons or property, or to cause the same to be done by some proper officer of the corporation, and to assess the expense thereof on the lot or premises having such cellar, slip, barn, private drain, sink, or privy thereon; Twenty-sixth, To prohibit, prevent, and suppress mock auctions, Mock-auctions, and every kind of fraudulent game, device, or practice, and to punish etc. all persons managing, using, practicing or attempting to manage, use, or practice the same, and all persons aiding in the management or practice thereof; Twenty-seventh, To prohibit, prevent, and suppress all lotteries for the drawing or disposing of money, or any other property whatsoever. and to punish all persons maintaining, directing, or managing the same, or aiding in the maintenance, directing or managing the same; Lotteries. Twenty-eighth, To license and regulate solicitors for passengers, Hackmen, or for baggage for any hotel, tavern, public house, or railroad; also runners, etc. draymen, carmen, truckmen, porter, (porters), runners, drivers of cabs, hackney coaches, omnibuses, carriages, sleighs, express vehicles, and vehicles of every other description used and employed for hire, and to fix and regulate the amounts and rates of their compensation; Twenty-ninth, To provide for the protection and care of paupers, Paupers. and to prohibit and prevent all persons from bringing to the city from any other place any pauper or other person, likely to become a chare upon said city, and to punish therefor; Thirtieth, To provide for taking a census of all inhabitants of Census. the city, whenever the council shall see fit, and to direct and regulate the same; Thirty-first, And further, the council shall have authority to enact General all ordinances, and to make all such regulations, consistent with authority. 36 CHARTER OF THE [1877. Granting licenses. Bond. License revocable. When two- thirds vote required. Terms of license and enforcing the taking out thereof. Disposition of money received for license. Crossing of streets by railroads. the laws and constitution of the State, as they may deem necessary for the safety, order, and good government of the city, and the general welfare of the inhabitants thereof; but no exclusive rights, privileges, or permits shall be granted by the council to any person or persons, or any corporation, for any purpose whatever, except to build and operate gas works, water works, and street railroads. Sec. 122. The council may prescribe the terms and conditions upon which licenses may be granted, and may exact and require payment of such sum for any license, as they may deem proper. The person receiving the license shall, before the issuing thereof, execute a bond to the corporation in such sum as the council may prescribe, with one or more sufficient sureties, conditioned for a faithful observance of the charter of the corporation and the ordinances of the council, and otherwise conditioned as the council may prescribe. Every license shall be revocable by the council at pleasure, and when any license shall be revoked for non-compliance with the terms and conditions upon which it was granted, or on account of any violation of any ordinance or regulation passed or authorized by the council, the person holding such license shall, in addition to all other penalties imposed, forfeit all payments made for such license, and no new license for a similar purpose shall be granted to such person there- after, except by a vote of two-thirds of all the members of the council. Sec. 123. No license shall be granted for any term beyond the first Monday in June next thereafter, nor shall any license be trans- ferable. And the council may provide for punishment by fine or imprisonment, or both, of any person who, without license, shall exercise any occupation or trade, or do anything for or in respect to which any license shall be required by any ordinance or regulation of the council. Sec. 124. All sums received for licenses granted for any purpose by the city or under its authority shall be paid into the city treasury to the credit of the contingent fund. Sec. 125. The council of said city shall have authority to permit any railroad company to lay its track and operate its road with steam locomotives, in or across the public streets, highways, or alleys of the city, as the council may deem expedient, upon such terms and conditions, and subject to such regulations to be observed by the company, as the council may prescribe; and to prohibit the laying of such track, or the operating of any such road except upon such terms and conditions. 1877.] CITY OF YPSILANTI. 37 railroads and Sec. 126. The council shall have power to provide for and change Regulations the location and grade of street crossings of any railroad track, and with regard to to compel any railroad company to construct street crossings and running trains. bridges in such manner, and with such protection to persons crossing thereat as the council may require, and to keep them in repair; also to require and compel railroad companies to keep flagmen or watch- men at all railroad crossings of streets, and to give warning of the approach and passage of trains thereat, and to light such crossings during the night; to regulate and prescribe the speed of all locomotives and railroads trains within the city; but such speed shall not be required to be less than four miles per hour; and to impose a fine of not less than five nor more than fifty dollars upon the company, and upon any engineer or conductor violating any ordinance regulating the speed of trains. Sec. 127. The council shall have power to require and compel Idem as to any railroad company, and any street railway company, to make, ditches, etc. keep open and in repair, such ditches, drains, sewers, and culverts along and under or across their railroad tracks, as may be necessary to drain their grounds and right of way properly, and in such manner as the council shall direct, and so that the natural drainage of adjacent property shall not be impeded. If any such railroad company shall neglect to perform any such requirements according to the directions of the council, the council may cause the work to be done at the expense of such company, and the amount of such expense may be collected at the suit of the city against the company in a civil action before any court having jurisdiction of the cause. Sec. 128. The council is authorized to enact all such ordinances and laws as it may deem proper relative to the building, rebuilding, maintaining, and repairing of partition fences by the owners and occupants of adjoining lots, inclosures, and parcels of land in said city; and relative to the assigning to the owners or occupants of such adjoining pieces of land the portion of such partition fences to be maintained by them respectively; and may provide for the record- ing of such assignments and divisions when made; and may provide for the recovery of damages from any owner or occupant who shall fail to comply with the provisions and requirements of any ordinance relative to such partition fences. And the council may appoint fence- viewers, and prescribe their duties and mode of proceeding in all cases relating to partition fences in said city. PUBLIC HEALTH, Partition fences. Fence viewers Provisions for Sec. 129. The council of said city may enact all such ordinances as may be deemed necessary for the preservation and protection of pro ection of. 38 CHARTER OF THE [1877. Provisions as to mill-dams, ponds, etc. Abatement of nuisances. Cleaning or draining un- wholesome place. Collection of expense of re- movals, etc., by city in case of neglect. the health of the inhabitants thereof, and to prevent the introduction of malignant, infectious, or contagious diseases within the city, or within one mile thereof; and for the removal of persons having such diseases, or whom, from exposure thereto or otherwise, may be suspected or believed to be liable to communicate the same, either beyond the city limits, or to such hospital or place of treatment within the city as the council may prescribe, or the public safety may require. And the power and authority to exercise such power, by appropriate regulations (regulation) and ordinance, is hereby vested in said common council to so govern, regulate, and control any and all mill- dams, and the mill-ponds, appurtenant thereto, within the corporate limits of the said city, and the owner or owners, occupant or occupants of said mill-dams and mill-ponds, as that they may not injuriously affect the health of the people of said city, or any of them. And said common council shall have power, by regulation and ordinance, imposing suitable fine and penalty upon the owner or owners, occupant or occupants of the mill-dams which regulate the height of water in such mill-ponds, to forbid, and wholly prevent the use of water at such mill-dams during the months of June, July, August, and September in each year, in such manner as to alternately use or draw out the water in said ponds, and then cease from any use, and allow them to fill up; or in any other manner, which shall injuriously affect the health of the people of said city, or any of them. Sec. 130. The council shall have power to prevent and remove or abate all nuisances dangerous to life or health within the city; and may require any person, corporation, or company causing such nuisance, and the owner or occupant of any lot or premises upon or in which any such nuisance or cause of disease may be found, to remove or abate the same, upon such notice, and within such time, and in such manner as the council may by ordinance or resolution direct. Sec. 131. If any cellar, vault, lot, sewer, privy, drain, place, or premises within the city shall be damp, unwholesome, offensive, or filthy, or be covered during any portion of the year with stagnant or impure water, or shall be in such condition as to produce unwhole- some or offensive exhalations, the council may cause the same to be drained, filled up, cleaned, amended, or purified; or may require the owner or occupant, or person in charge of such lot, premises, or place, to perform such duty. Sec. 132. If any person, corporation, or company shall neglect to remove or abate any nuisance, or to perform any requirement made by or in accordance with any ordinance or resolution of the 1877.] CITY OF YPSILANTI. 39 council, or by the board of health of the city, for the protection of the health of the inhabitants, and if any expense shall be incurred by the city in removing or abating such nuisance, or in causing such duty or requirement to be performed, such expense may be recovered by the city in action of debt or assumpsit against such person, con- poration, or company. And in all cases where the city shall incur any expense for draining, filling, cleansing, or purifying any lot, place, or premises, or for removing any unsafe building or structure, or for removing or abating any nuisance found upon any such lot or prem- ises, the council may in addition to all other remedies provided for the recovery of such expense, charge the same or such part thereof as they shall deem proper, upon the lot or premises upon or on account of which such expense was incurred, or from which such nuisance was removed or abated, and cause the same to be assessed upon such lot or premises, and collected as a special assessment. Sec. 133. The council may purchase the necessary lands, and erect Establishment of hospitals and thereon, or otherwise provide, one or more hospitals, either within detention of or without the city limits, and provide for the appointment of the persons having contagious necessary officers, attendants, or employees, and for the care and diseases. management thereof, and for the care and treatment therein of such sick and diseased persons as to the council or board of health shall seem proper; and, by direction of the council or board of health, persons having any malignant, infectious, or contagious disease, may be removed to such hospital, and there be detained and treated, when the public safety may so require; and the council may provide such restraints and punishments as may be necessary to prevent any such person from departing from such hospital until duly discharged. Sec. 134. The council shall also have and exercise within and Council vested with powers as for the city all the powers and authority conferred upon boards of board of health. health by the general laws of the State, so far as the same are applicable and consistent with this act; and they may enact such ordinance as may be proper for regulating the proceedings and mode of exercising such powers and authority. Sec. 135. The council, when deemed necessary, may establish a Board of health. board of health for the city and appoint the necessary officers thereof, and provide rules for its government, and invest it with such power and authority as may be necessary for the protection and preservation of the health of the city; and in addition thereto the board shall have and exercise all the powers conferred on boards of health by the several laws of the State, so far as they may be exercised con- sistently with the provisions of this act. And the council may 10 40 CHARTER OF THE [1877. Protection of church cemeteries, etc. Burials in East- ern Cemetery. Poundmaster and impounding animals, etc. Fees and penalties Erection and regulation of markets, etc. Rules to prevent fraud and preserve order. etc. prescribe penalties for the violation of any lawful order, rule, or regulation, made by the board of health or any officer thereof. CEMETERIES. Sec. 136. The council shall have power to pass all ordinances deemed necessary for the preservation and protection of any cemetery or burial place within the city, belonging to or under the control of any church, religious society, corporation, company, or association, and for the protection and preservation of the tombs, monuments, and improvements thereof, and the appurtenances thereto. ! Sec. 137. The common council shall have power by ordinance to forbid and prevent further burials in the Eastern Cemetery in the city, whenever the council shall by a two-thirds vote of all the aldermen elected, resolve that such burials are injurious to the public health. POUNDS. J Sec. 138. The council may provide and maintain one or more pounds within the city, and may appoint pound masters, prescribe their powers and duties, and fix their compensation; and may author- ize the impounding of all beasts, geese, and other fowls found in the streets or otherwise at large, contrary to any ordinance of the city. Sec. 139. The council may also prescribe the fees for impounding, and the amount or rate of expenses for keeping, and the charges to be paid by the owner or keeper of the beasts, geese, or fowls impounded; and may authorize the sale of such beasts, geese, and fowls, for the payment of such fees, expenses and charges, and for penalties incurred, and may impose penalties for rescuing any beast or thing impounded. MARKETS. Sec. 140. The council of said city shall have the power to erect market houses, establish and regulate markets and market places for the sale of meats, fish, vegetables, wood, hay, and straw, and other provisions and articles necessary to the sustenance, convenience and comfort of the inhabitants; to prescribe the times for opening and closing the same; the kind and description of articles which may be sold; and the stands and places to be occupied by the vendors. Sec. 141. The council may adopt and enforce such rules and regu- lations as may be necessary to prevent fraud, and to preserve order in the markets; and may authorize the immediate seizure, arrest, and removal from the market of any person violating its regulations, 1877.] 41 CITY OF YPSILANTI. together with any articles in his or their possession; and may authorize the seizure and destruction of tainted, unsound, or unwholesome meats, or other provisions exposed for sale therein, or elsewhere in said city. PUBLIC BUILDINGS, GROUNDS AND PARKS, Sec. 142. Said city may acquire, purchase, erect, or lease all such Acquisition, use and disposi- public buildings as may be necessary for the use of the corporation, ion of. and may purchase, acquire, appropriate and own such real estate as may be necessary for public grounds, parks, markets, public buildings, and other purposes necessary or convenient for the public good, and the execution of the powers conferred in this act; and such buildings and grounds or any part thereof, may be sold, leased, and disposed of as occasion may require. Sec. 143. The council have authority to lay out, establish, and Parks. enlarge or vacate and discontinue public grounds and parks within the city, and to improve, light, and ornament the same, and to regu- late the care thereof, and to protect the same and the appurtenances thereof from obstructions, encroachment, and injury, and from all nuisances. SEWERS, DRAINS AND WATER-COURSES. Sec. 144. The council of said city may establish, construct, and Establishment maintain sewers and drains wherever and whenever necessary, and and construction. of such dimensions and materials, and under such regulations as they may deem proper for the drainage of the city, and may regulate and maintain those already constructed; and private property, or the use thereof, may be taken therefor in the manner prescribed in this act for taking such property for public use. But in all cases where the council shall deem it practicable, such sewers and drains shall be constructed in the public streets and grounds. Care and Sec. 145. The common council of said city shall have the care and management of all sewers and drains, and the charge of their con- management. struction. Sec. 146. Whenever it may become necessary in the opinion of Plan for the council to provide sewerage and drainage for the city or any part drainage. thereof, it shall be their duty to so declare by resolution, and cause a plan of drainage to be prepared for the whole city, or for such part thereof as they shall determine.* *As Amended by Act 110 of the Laws of 1891. 42 [1877. CHARTER OF THE Main sewer district. Plats. Special Sewer. Manner of pay- ing for various kinds of sewers. Diagrams and estimates of cost of sewers to be built. Notice of intention to construct. Resolution to construct. Record of plat. Sec. 147. Such plan shall be formed with the view of the division of the city into main sewer districts, each to include one or more main or principal sewers, with the necessary branches and connections; the districts to be numbered and so arranged as to be as nearly inde- pendent of each other as may be. Plats or diagrams of such plan, when adopted, shall be filed in the office of the city clerk. Sec. 148. Main sewer districts may be subdivided into special sewer districts in such manner that each special district shall include one or more lateral or branch sewers connecting with a main sewer, and such lands as in the opinion of the council will be benefited by the construction thereof. When deemed necessary, special sewer districts, to include one or more local or branch sewers, and such lands as in the opinion of the council will be benefited by the construc- tion thereof, may be formed of territory not included in any main sewer district. Sec. 149. The cost and expense of any main district sewer, or of the cost of any lateral, branch, or local sewer constructed within a special sewer district, shall be defrayed by special assessment upon all the taxable lands and premises included within the main or special sewer district as the case may be, in proportion to the estimated benefits accruing to each parcel respectively from the construction of the sewer. Sec. 150. Before proceeding to the construction of any district sewer, the city surveyor, by direction of the common council, shall make a diagram and plat of the whole sewer district, showing all the streets, public grounds, lands, lots, and subdivisions thereof in the district, and the proposed route and location of the sewer; and the depth, grade, and dimensions thereof, accompanied by an estimate of the cost thereof, and report the same to the common council. And the city clerk shall give notice, by publication, for at least two weeks, in one of the newspapers of the city, of the intention to construct said sewer, and where said diagram and plat may be found for exami- nation, and of the time when the council will meet and consider any suggestions and objections that may be made by parties interested with respect to such sewer. Sec. 151. When the council shall determine to construct any such district sewer, they shall so declare by resolution, designating the district, and describing by reference to the plat and diagram thereof mentioned in the preceding section, the route and location, grade, and dimensions of the sewer; and they shall cause such plat and diagram as adopted to be recorded in the office of the city clerk. 1877.] CITY OF YPSILANTI. 43 4. Sec. 152. Special assessments for the construction of sewers shall Special be made by the board of assessors in the manner provided in this assessments. act for making special assessments. construction of Sec. 153. Whenever the council shall deem it necessary for the Ordering public health they may require the owner and occupants of lots and private drains. premises to construct private drains therefrom to connect with some public sewer or drain, and thereby to drain such lots and prem- ises; and to keep such private drains in repair and free from ob- struction and nuisance; and if such private drains are not constructed and maintained according to such requirement, the council may direct the work to be done by the city marshal at the expense of such owner or occupant, and the amount of such expense shall be a lien upon the premises drained, and may be collected by special assessment to be levied thereon. Expense thereof. Sec. 154. The owners or occupants of lots and premises shall have Connection of the right to connect the same, at their own expense, by means of pri- premises. vate drains, with the public sewers and drains, under such rules and regulations as the council shall prescribe. Sec. 155. Such parts of the expenses of providing ditches, and Special assess- improving water courses as the council may determine, may be defrayed ments for improving by special assessment upon the lands and premises benefited thereby, ditches, water in proportion to such benefits. courses, etc. Expenses of Sec. 156. The expenses of repairing public sewers, ditches, and water courses, may be paid from the contingent, or street fund. The repairing and reconstructing. expense of reconstructing public sewers shall be defrayed in the manner herein prescribed for paying the expenses of the construction thereof. Sec. 157. The council may enact such ordinances as may be neces- Protection and sary for the protection and control of the public drains and sewers, control of and to carry into effect the power herein conferred in respect to drainage of the city. public sewers. STREETS AND PUBLIC GROUNDS. Sec. 158. The council shall have supervision and control of all Control and public highways, bridges, streets, avenues, alleys, sidewalks, and public repairs. grounds within the city, and may cause the same to be kept in repair, and free from nuisance. Sec. 159. But the city shall not appropriate any money for the Care of streets care, improvement, or repair of any street or alley laid out or dedi- not accepted cated to public use by the proprietors of any lands which had not been actually accepted, worked, and used by the public as a street or by council. 44 CHARTER OF THE [1877. Survey and record of streets. Grales of streets. Expense of change of grade when not asked for. Damage result- ing by change of grade Authority for. alley before the passage of this act, nor for the improvement and repair of any street or alley laid out or dedicated by any such pro- prietor after the passage of this act, unless the dedication shall be ac- cepted and confirmed by the council by an ordinance or resolution specially passed for that purpose. Sec. 160. The council may cause all public streets, alleys, and public grounds to be surveyed, and may determine and establish the boundaries thereof, and cause the surveys and descriptions thereof to be recorded in the office of the city clerk, in a book of street records; and they shall cause surveys and descriptions of all streets, alleys, and public grounds opened, laid out, altered, extended, or accepted and confirmed by the council, to be recorded in like manner; and such record shall be prima facia evidence of the existence of such streets, alleys, or public grounds as in the records described. Sec. 161. The council shall have authority to determine and establish the grades of all streets, avenues, alleys, and public grounds within the city, and may change or alter the grade of any street, alley, or public ground, or any part thereof, whenever in their opinion the public convenience will be promoted thereby. Whenever a grade shall be established or altered, a record and diagrams thereof shall be made in the book of street records, provided by the common council, which shall be kept in the office of the city clerk. Sec. 162. Whenever any pavement shall have been constructed on any street, alley, or highway, in conformity to grades established by authority of the city, and the expenses thereof shall have been assessed upon lots and lands bounded by or abutting upon such street, alley, or public highway, the owner or owners of such lots or lands shall not be subject to any special assessment occasioned by any sub- sequent change of grade in such pavement, street, alley, or public highway, unless such change be asked for by a majority of the owners of such lots or lands; but the expense of all improvements occasioned by such change of grade shall be chargeable to and paid for by the city. Sec. 163. If any damage shall result to any owner by a change of the established grade of any street, alley, or sidewalk, the council shall levy and collect the amount thereof by special assessment upon the lots benefited thereby, and therewith pay the same; but the city shall incur no liability by reason of anything in this section contained. PAVING AND IMPROVEMENTS. Sec. 164. The common council shall have power to cause the high- ways, streets, avenues, lanes and alleys of the city to be graded, paved, 1877.] CITY OF YPSILANTI. 45 planked, graveled, curbed, and otherwise improved and repaired, and the gutters paved. The term "paved" shall be deemed to include Each of the necessary crosswalks, gutters, curbing and ballasting. the wards of said city of Ypsilanti, shall constitute a separate highway district, of said city, numbered correspondingly with said wards severally, and each district shall have its separate highway fund, and it shall not be lawful to expend any portion of the highway tax, authorized by this act, except in the highway districts in which it was raised.* of paving, etc. Sec. 165. Such part of the expense of improving any street, lane, Apportionment or alley by paving, planking, graveling and curbing, and of repairing the same, as the common council shall determine may be paid from the respective highway district funds; or the whole or such part of the expense of such improvement as the council shall determine, may be defrayed by special assessments upon lots and premises included in a special assessment district, to be constituted of the lands fronting upon that part of the district or alley so improved, or proposed so to be; or constituted of lands fronting upon such improvement, and such other lands as in the opinion of the council may be benefited by the improvement.† of improvement. Sec. 166. When expenses for any such improvement or repairs Apportionment shall be assessed in a special assessment district, and there shall when public be lands belonging to the city or public buildings or public grounds property fronts not taxable, fronting upon such improvement, such part of the expense of such improvement as in the opinion of the council or board of assessors making a special assessment, would be justly apportionable to such public grounds, buildings and city property, and to any interior squares or spaces formed by the intersection of public streets and alleys, were they taxable, shall be paid from the contingent fund of said city, as the council shall determine to be just, and the balance of such expenses shall be assessed upon the taxable lots and premises included in the special assessment district, in proportion to their number of feet frontage upon such improvement, or if the special assessment district shall include other lands not fronting on the improvement, then upon all the lands included in such special assess- ment district, in proportion to the estimated benefits thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement if from the shape or size of any lot an assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessments upon other lots, the council or board of assessors making the assessment may *As Amended by Act 400 of the Laws of 1881. As Amended by Act 400 of the Laws of 1881. 46 CHARTER OF THE [1877. Obstructions and encroachments. Shade trees. Regulations as to use of streets. Stands for vehicles. assess such lot for such number of feet frontage as in their opinion will be just.* Signs. Digging in Sec. 169. The common council may, by ordinance, regulate the streets for laying manner of making of all openings in, and removals of, the soil of gas pipes, etc. public streets, for the laying or repair of sewers, drains, tunnels, gas- pipes, waterpipes, or for any other purpose; and may prohibit and prevent all such openings and removals of the soil, except by express permission of the council, and at such times, and upon such terms and regulations as they may prescribe. Immoderate driving. Gathering of crowds. STREET REGULATIONS. Sec. 170. The council may regulate the use of public highways, streets, avenues, and alleys of the city, subject to the right of travel and passage therein. They shall have authority to prescribe the stands for all vehicles kept for hire, or used for the transportation of persons or property for hire; to designate the places where loads of Wood and Hay Wood, coal, hay, and other articles may stand for sale, to regulate Market. traffic and sales in the streets and upon sidewalks; to regulate or prohibit the display, use, or placing of signs, advertisements, and banners, awning posts, and telegraph poles, in or over the streets; to prohibit immoderate riding or driving in the streets, or over bridges, to regulate or prohibit all such sports, amusements, proceedings, and gathering of crowds in the streets as may interfere with the lawful use thereof, or to render travel or passage therein inconvenient or unsafe; to prohibit and prevent the running at large of horses, cattle, Running at large swine, dogs, geese, and other domestic animals or fowls in the streets, of animals, fowls, etc. or elsewhere in the city, and to impose penalties upon the owners or keepers thereof permitting the same, and to require and authorize the *As Amended by Act 400 of the Laws of 1881. Sec. 167. The council shall have power to prohibit and prevent obstructions and incumbrances in the public highways, streets, and alleys of the city, and to remove the same, and to prohibit encroach- ments upon any public street, alley, or highway; and to punish those who shall obstruct, incumber, encroach, or maintain any encroach- ments upon or in any such highway, street, or alley, and to require all such persons to remove every such obstruction, incumbrance, or encroachment. Sec. 168. The council may provide for and regulate the planting of shade and ornamental trees in the public highways, streets and avenues of the city, and for the protection thereof; and may cause the streets and public grounds to be lighted, and regulate the setting of lamp- posts therein, and protect the same. 1877.] 47 CITY OF YPSILANTI. destruction of dogs found at large contrary to the ordinances of the Dogs. city; to cleanse and purify the streets; and to prohibit, prevent, remove, and abate all nuisances therein, and to require the authors and maintainers thereof to remove the same, and to punish them; Cleaning and and generally to prescribe and enforce all such police regulations over nuisances. and in respect to the public streets, as may be necessary to secure removing good order, and safety of persons and property in the lawful use General thereof; and to promote the general welfare; and in addition to all authority. other powers herein granted, the council shall have the same authority and powers over and in respect to the public streets of the city, as are conferred by law upon highway commissioners in townships. Sec. 171. When the council shall deem it advisable to vacate, vacating streets. discontinue, or abolish any street, alley, or public ground, or any part thereof, they shall by resolution so declare, and in the same resolution shall appoint a time, not less than four weeks thereafter, when they will Notice of meeting to hear meet and hear objections thereto; notice of such meeting with a copy objections. of said resolution shall be published for not less than four weeks before the time appointed for such meeting in one of the newspapers Filing objections of the city. Objections to such proposed action of the council may be with City Clerk. filed with the city clerk in writing, and if any such shall be filed, the street, alley, or public ground, or any part thereof, shall not be vacated Effect of filing, or discontinued except by a concurring vote of two-thirds of all the aldermen elect. SIDEWALKS. } Sec. 172. The city council shall have control of all sidewalks in Control. the public streets and alleys of the city, and may prescribe the grade thereof, and change the same when deemed necessary. They shall Construction. have power to construct and maintain sidewalks and crosswalks in the public streets and alleys and charge the expense of sidewalks upon Expense. the lots and premises adjacent to and abutting upon such walks. Sec. 173. The council shall also have authority to require the Idem. owners and occupants of lots and premises, to construct and maintain sidewalks in the public streets adjacent to and abutting upon such lots and premises, and to keep them in repair at all times, and to con- struct and lay the same upon such lines and grades, and of such width, materials and manner of construction, and within such time as the council shall by ordinance or resolution, prescribe. When a cement walk is ordered by the common council, one-third of the expense of laying said walk shall be paid by the city and two-thirds by the owner of the abutting property. Whenever a property owner desiring a cement walk shall deposit with the city clerk two-thirds of the cost น 48 CHARTER OF THE [1877. Removal of snow, ice, etc. Filth in gutters, etc. Proceedings in cases of neglect. Expense a special tax on property. Regulations as to signs, awn- ings, etc. Lot owners liable for injuries re- sulting from their neglect. of laying the same the city shall pay the remaining one-third of the expense and do the work of laying said walk.* Sec. 174. The council shall also have power to cause and require the owners or occupants of any lot or premises to remove all snow and ice from the sidewalks in front of or adjacent to such lot and premises, and to keep the same free from obstructions, encroachments, encumbrances, filth and other nuisances, and to cause and require the owners or occupants of any lot or premises to remove all filth and obstructions from the gutter adjacent to such lot or premises, and to keep the street in front of their premises clear from noxious weeds. Sec. 175. If the owner of occupant of any lot or premises shall fail to construct or maintain any particular sidewalk as mentioned and prescribed in the last two sections, or shall fail to keep the same in repair, or to remove the snow, ice, and filth therefrom, or to remove and keep the same free from obstructions, encroachments, encum- brances, or other nuisances, or shall fail to keep the gutters clear of filth or obstructions, or to keep the street in front of his lots or premises clear from noxious weeds, or shall fail to perform any other duty required by the council in respect to such sidewalks, gutters, or streets adjacent to or abutting upon his lots or premises, within such time and in such manner as the council shall require, the council may cause the same to be done and such sidewalk to be constructed and repaired, or such gutter to be cleared, or street to be cleared of noxious weeds, at the expense of such owner or occupant and the amount of all expenses incurred by the council thereby, with ten per cent added, shall be levied as a special assessment upon the lot or premises adjacent to and abutting upon such sidewalk. ད Sec. 176. The council shall have power to regulate and prohibit the placing of signs, awnings, awning posts, and of other things upon or over sidewalks, and to regulate or prohibit the construction and use of openings in the sidewalks, and of all vaults, structures, and excava- tions, under the same, and to prohibit and prevent obstructions, en- cumbrances, or other nuisances upon the sidewalks. Sec. 177. If any owner, occupant, or person in charge of any lot or premises shall neglect to repair any sidewalk in front of or adja- cent to such premises, or to remove any snow or ice therefrom, or to keep the same free from obstructions and incumbrances, in accordance with the requirements of the ordinances and regulations of the council, he shall be liable to the city for the amount of all damages which Amended by Local Act 374 of the Laws of 1901. ⠀⠀ 1877.J CITY OF YPSILANTI. 49 shall be recovered against the city for any accident or injury occurring by reason of such neglect. APPROPRIATION OF PRIVATE PROPERTY. Sec. 178. The common council of the city of Ypsilanti shall have Power of com- full power to lay out, establish, open, extend, widen, straighten, alter, mon council. close, fill in, or grade, vacate or abolish, any highways, streets, avenues, lanes, and alleys, public grounds or spaces in said city, and if in so doing it shall be necessary to take or use private property, the same may be taken in the manner in this act provided for taking private property for public use. The expense caused by the exercise of the How expense powers of the council in this section conferred, or a portion thereof, may be paid by special assessments upon the property adjacent to, or benefited by the improvement in the manner in this act provided for levying and collecting special assessments, or in discretion of the council, a portion or all such cost and expenses may be paid from the highway district funds. paid. which private property may be Sec. 179. Private property may be appropriated for public uses Purposes for in said city, for the purposes of opening, widening, altering, and extending streets, alleys, and avenues; for the construction of bridges; appropriated. for buildings and structures for the fire department, and for market places; for sewers, drains, and ditches; for water works, and for neces- sary public buildings, hospitals, pest houses, and public cemeteries; but such property shall not be taken therefor unless the necessity for Manner of acquiring. using such property and just compensation thereof shall be ascertained by a jury of twelve freeholders residing in the vicinity of such prop- erty. The common council may, however, acquire such property by Council may negotiation and purchase. aquire by purchase. Selection of Sec. 180. When the common council shall seek to take or use Proceedings. private property not acquired by purchase, they shall so declare by resolution, specifying the purpose for which it is to be taken, and describing each parcel of land designated to be taken, by metes and bounds, giving the names of the owners or persons interested therein, justice for im- so far as known, and shall in the same resolution designate when paneling jury. application will be made to a justice of the peace of said city for impaneling a jury to ascertain the necessity of taking said land, and the just compensation to be made therefor. when seizure is necessary. Notice of Sec. 181. Upon the passage of the resolution mentioned in the preceding section, a certified copy thereof shall be filed with the application justice of the peace designated in said resolution, before the time named in said resolution for the impaneling of said jury, and the city for jury. 50 CHARTER OF THE [1877. Service of notice. Return of officer, when and where filed. Effect of notice Interest of infants or in- competent per- son, how protected. Impaneling of jury. clerk shall give notice of the time and place of making said application, by publishing a copy of the said resolution for two weeks in one of the newspapers of the city, the first publication of which shall be at least twenty days before the time fixed for impaneling said jury, with a notice signed by the city clerk published therewith, that the said resolution was on a certain day passed by the common council. A printed copy of said resolution and notice shall be served personally by the city marshal or any constable of said city, at least one week before the time for said application, upon each owner and person interested in said lands, so far as known, and upon the guardian of any minor or incompetent person interested therein, if to be found within said city or elsewhere in the county, and if any such guardian, owner, or persons interested in the premises shall not be found within the city or county, a copy of said resolution and notice shall be posted upon the premises to be taken, at least one week before making such application. A return by the marshal or constable of the service or posting of copies of said resolution or notice, which return shall be conclusive as to the matters therein stated, and an affidavit of the publication of said resolution and notice shall be filed with said justice before or at the time of making said application, and after the publication and service or posting of said resolution and notice as aforesaid, the owner and all persons interested in any of the lands sought to be taken for the purpose specified in said resolution shall take notice of and be bound by all subsequent proceed- ings without further notice except as herein otherwise provided. Sec. 182. At the time of making the application to the justice of the peace for the impaneling of the jury, and at all subsequent proceedings, any infant or incompetent person may be represented by his guardian appointed under the laws of the State; but if there shall be no guardian, or if no guardian shall appear to represent such infant or incompetent person, the justice of the peace, before proceed- ing with the matter, shall appoint some disinterested person as guardian ad litem, to protect the interests of the person for whom he is so appointed. Sec. 183. At the time appointed therefor in said resolution, or at such other time as the proceedings shall be adjourned to, the justice of the peace shall, upon the application of the city attorney, cause the marshal or any constable or said city to make a list of twenty-four disinterested freeholders residing in the vicinity of such property, and competnet to serve as jurors. From said list the city attorney shall strike off six names, and the owner or owners and persons interested in said lands shall strike off six, or upon their failing so to do, the justice U 1877.] CITY OF YPSILANTI. 51 of the peace shall strike off such names for him or them; and thereupon the justice of the peace shall issue a venire directed to the marshal or any constable of said city, to summon the twelve persons whose names remain upon said list, to appear before said justice at a time and place in said renire to be named, not less than three nor more than six days from the date thereof, to make a jury to inquire of and determine the matters referred to in said resolution; and shall then adjourn the further proceedings in the matter to the return day of said venire. Said venire shall be served by the marshal or any constable of said city, as in other cases of venire; said jurors shall be liable for non- attendance the same as jurors summoned to appear in justices' courts, and may be excused for the same causes as jurors in those courts. panel of jury. Sec. 184. If upon the return of said renire a sufficient number of Completing competent jurors shall not attend in answer to the summons, or if any shall be excused or set aside, the justice of the peace shall require the marshal or any constable of said city to summon immediately a sufficient number of other competent freeholders residing in the vicinity of such property until a panel of twelve qualified jurors shall be obtained. Each party, and every person having any interest in Right of any of the lands, shall have the right to challenge any juror for cause, challenge. and the justice of the peace shall determine as to the competency of the juror. Such jury shall be sworn to ascertain and determine the necessity of making such proposed improvement, and of taking the parcel or several parcels of land sought to be taken for the purpose set forth in said resolution, and if taken, to determine and award to each person entitled thereto the just compensation to be allowed for his or her interest in the land so taken, Oath of juror. be given jury. Sec. 185. When the jury shall have been sworn, the city attorney Copy of notice. shall deliver to them a copy of the said notice and resolution of the etc., and plat to council, and a map or plan of the land sought to be taken, showing the location and boundaries of each parcel of such land, and its position in relation to adjoining lands. And any person claiming an Statement of interest in any of the lands sought to be taken, although not named parties not in said resolution as an owner or party interested, may then file with resolution. the justice of the peace, a statement of his interest in, and a description of the property in respect to which he claims compensation, and a copy of the same shall be delivered to the jury. named in Sec. 186. The jury shall then, or at such other time as the justice Jury to examine of the peace shall direct, proceed to examine the premises sought to premises, etc. be acquired, and testimony may be produced before them under the direction of the court as in cases of ordinary jury trials before justices of the peace, so far as applicable. Upon closing the testimony, the 52 CHARTER OF THE [1877. Determination and award. Report of jury. Entry of report by justice. Disagreement of jury. Appointment in place of jurors unable to dia- charge dutie: ५ justice of the peace shall instruct the jury as to the provisions of this act relating to their duties. The jury shall consider upon each parcel of land described in the resolution of the council separately. If they shall find it necessary to make such improvement and to take such parcel of land for the purpose of making said improvement, they shall determine and award the compensation to be made therefor. If only a part of any lot or parcel of land shall be taken, they shall esti- mate the whole damages occasioned thereby. If several persons shall have separate claims upon the same lot or parcel of land, as owners, mortgagees, lessees, or otherwise, they shall apportion to each such share of the damages awarded as shall be just. Damages for taking the lands of any deceased person may be awarded to the estate. Sec. 187. The jury shall make a report of their determinations and awards in writing. If they shall find such improvement necessary to be made they shall so state in their report, and shall describe therein, by metes and bounds, each piece or parcel of land which they shall find it necessary to take for the purpose of said improvement, and state the whole amount of damages occasioned by taking the same, the name of the owner, and of any person having separate claims thereon, by mortgage, lease, or otherwise, to whom damages are awarded, and the amount awarded to each, and the date and description of any mortgage, lease, or lien, by virtue of which such claim is made. When conflicting claims are made to any damages awarded, the jury, without deciding between the claimants, shall report the fact, their names, and the amount awarded for the land. They shall report the lands, if any, as to which they fail to agree. Said report, signed by each juror, shall be returned to the justice of the peace within ten days after im- paneling the jury. Sec. 188. The justice of the peace shall enter said report, and all the proceedings had in the cause before him, and shall record a certified copy of the resolution of the council, and all affidavits and returns of the officers, and other papers relating to said matter, in a docket to be provided for that purpose. Sec. 189. A disagreement of the jury as to one or more distinct parcels of land shall not affect the awards and reports in which they have agreed; and upon any such disagreement the justice of the peace may, upon the motion of the city attorney, impanel a new jury in the same manner as provided for drawing the original jury, and like proceedings shall thereupon be had as to the lands concerning which there was a failure to agree, and a new jury may in like manner be had as often as necessary. If any juror, during the course of the proceed- ings,.. shall be unable to discharge his duties, the justice of the peace 1877.1 CITY OF YPSILANTI. 53 may appoint another in his place, who shall have the like qualifications and be sworn, and exercise the same duties as the other jurors of the panel. council. Judgment of Sec. 190. Upon filing the report and award made by any jury with Copy of report. said justice of the peace, a copy thereof may be taken by the city etc., for use of attorney for the use of the council, and at any time thereafter, and within sixty days after impaneling the jury making the report, the justice of the peace, upon the application of the city council, shall confirmation. enter judgment of confirmation of the determination and awards therein made. Unless such application and confirmation shall be made within When not made said sixty days, all proceedings upon that report and award shall be days. at an end, and a new proceeding may be had as in the case of a disagreement of the jury. All parties interested in such report shall take notice of the confirmation thereof. Any such judgment of con- firmation shall be final and conclusive as to all parties not appealing therefrom within the time prescribed in the next section. within sixty circuit court. Sec. 191. Any party aggrieved by the judgment of confirmation Appeal to mentioned in the preceding section may, within ten days after the entry thereof, appeal therefrom to the circuit court of the county, by filing with the justice of the peace a claim of appeal, in writing, in which he shall set forth a description of the land in which he claims an interest, his interest therein, and all the errors relating to the proceedings and judgment of which he complains, and his objections, if any, to the amount of damages awarded, and at the same time filing with the justice of the peace a bond to the city in the penal sum of not less than three hundred dollars, with sureties to be approved by said justice of the peace, conditioned that he will prosecute his appeal to effect and pay any costs that may be awarded against him in the circuit court, and paying to the justice of the peace the sum of three dollars for making his return to the appeal: Provided, Such appeal shall not prevent the city from taking possession of and occupying the lands therein described, for the purpose of the proposed improvement, the same as if the appeal had not been taken. Sec. 192. At the time of filing said claim of appeal the appellant Bill of shall present to the justice a statement in the nature of a bill of excep exceptions. tions, containing so much of the evidence and other proceedings in the matter as shall be sufficient to present the question to be raised upon the errors and objections alleged in the claim of appeal, and shall at the same time serve a copy thereof and of the claim of appeal upon the city attorney, who may propose amendments to said bill. Within ten days after said bill is presented, said justice of the peace shall, if necessary, cause the same to be corrected according to the Correction by justice. 54 CHARTER OF THE [1877. Filing of tran- facts of the case and sign the same; and within ten days thereafter script of docket, said justice of the peace shall make and certify a return to said appeal, etc., with clerk of court. setting forth a transcript from his docket of all the proceedings and the judgment of confirmation entered therein, and shall attach thereto the report of the jury, and all notices and papers filed with him, together with the bond and claim of appeal and said bill of exceptions, and filed [file] the same with the clerk of said circuit court. Proceedings in circuit court. Trial. Appeal of one person not to affect others. Judgment. Costs. Record and copies of judgment, evidence of Sec. 195. Certified copies of any judgment of confirmation of the circuit court or of the justice after the same has become final, and of the report of the jury thereby confirmed, shall be presumptive evidence proceedings, etc. Of the matters therein contained, and of the regularity of all the pro- regularity of ceedings to appropriate the property sought to be acquired, and to confirm the same. Damages. Payment. Sec. 193. Upon filing the return of the justice of [the] peace as mentioned in the preceding section, the circuit court shall have jurisdiction of the case, and upon the hearing thereof, shall first consider the errors alleged in said claim of appeal, and if the proceed- ings are found invalid as to the party appealing on account thereof, the court shall remand the case as [so] far as affects the appeal, to said justice, and a new jury may be called, and the like proceedings had as upon the original application for a jury. If no error affecting the merits shall be found in the proceedings, the parties may proceed to trial by jury at the same term, upon the question as to the amount of damages awarded; but the finding of the jury before the justice as to the necessity of making the improvement and of taking the land, shall be held to be conclusive. The appeal of one or more persons interested in any judgment of confirmation, shall not in any way affect said judgment as to the other persons interested therein who do not appeal. Sec. 194. Upon the dismissal of the appeal, or rendition of judg- ment after the trial in the circuit court, said court shall confirm the proceedings, and the right of the city to take and appropriate the lands. of the appellant for the purpose mentioned in the resolution of the council, and a certified copy of the proceedings of the circuit court shall be be filed in the office of the justice and recorded in his docket. And unless the appellant shall recover judgment for at least thirty dollars more than the amount awarded to him before the justice, he shall pay costs to the city, otherwise the court may award such costs to him as shall be just. Sec. 196. Within three months after the judgment of confirmation by the circuit court, or after the judgment of confirmation by the justice of the peace shall become final, the council shall pay or tender to 1877.1 CITY OF YPSILANTI. 55 . 1 when person un- the respective persons the several amounts of damage and compensa- tion awarded to them, as finally confirmed. And in case any such Where deposited person shall refuse the same, be unknown, or a non-resident of the known or in- city, or be not found therein, or shall be incapacitated from receiving capacitated. his or her amounts, or the right to any sum awarded be disputed or doubtful, the council may deposit the amount awarded in such case, with a statement of the facts relating thereto, in the treasury of the city, to the credit of the person or persons entitled thereto, and the same shall be paid on demand to any person entitled to receive it. No delay in making any award of damages, or in taking possession of any property, shall be occasioned by any doubt as to the ownership of the property, or as to the interest of the respective parties making claims thereto. When right to in city. Evidence of Sec. 197. Upon the payment, tender, or deposit mentioned in the preceding section, the fee of the land sought to be taken, with the property vests appurtenances, and the right to occupy the property sought to be used, shall vest in the city, and the council may convert and use the same. A certificate of the city treasurer, of such payment, tender, or deposit, or a record of such certificate in the docket of the justice, ownership, etc. or a certified copy thereof shall be presumptive evidence in [of] the matters therein stated, and of the ownership of the city in the lands and property taken. Provided, That in the case of an appeal being Proviso. taken by any party, no tender of the damages awarded by the jury shall be necessary to authorize the city to take and occupy such lands. Sec. 198. In all cases where any real estate, subject to a lease Effect of judg- or agreement shall be taken for public use, all the covenants and ment on leases. stipulations therein shall end upon the judgment or confirmation in the circuit court, or upon the confirmation by the justice, when the same shall become final. If a part only of such real estate shall be taken, the said covenants and agreements shall be discharged only as to such part. COSTS OF IMPROVEMENTS. SPECIAL ASSESSMENTS. general fund. Sec. 199. The cost and expense of the following improvements, Improvements including the necessary land therefor, viz.: for city hall and other paid for from public buildings, and offices for the use of the city officers, engine houses and structures for the fire department, for water-works, market houses and spaces, cemeteries and parks, watch-houses, city prisons and work-houses, shall be paid from the proper general funds of the city. When by the provisions of this act the cost and expenses of Special any local or public improvement may be defrayed in whole or in part assessments. by special assessment upon lands abutting upon and adjacent to, or 56 CHARTER OF THE (1877- Proceedings after confirmation. Board of assessors, compensation and duties. Estimates, plats, etc., deposited with clerk. Notice of meeting to consider objections. What costs and expenses to include. Special assessments levied before making improv- ments. otherwise benefited by the improvement, such assessment may be made as in this act provided. Sec. 200. Within two months after the judgment of confirmation by the circuit court or after the judgment of confirmation by the justice shall become final, if the common council shall determine to defray the whole or any part of the cost and expenses of any improve- ment, including therein the total damages and compensation awarded by a jury for taking the land necessary therefor by special assess- ment, they shall so declare by resolution stating the improvement and what part or portion of the expenses thereof shall be paid by special assessment, and what part if any, has been appropriated from the highway district funds of the city, and shall designate the district upon which the special assessment shall be levied.* Sec. 201. There shall be a board of assessors in the city consisting of three members, who shall be freeholders and electors in the city to be appointed by the council. Their compensation shall be prescribed by the council. Special assessments authorized by this act, other than those provided for under subdivision one of section two hundred and twenty-eight, shall be made by said board. If a member of the board shall be interested in any assessment, the council shall appoint some other person to act in his stead in making the assessment, who, for that purpose, shall be a member of the board of assessors. Sec. 202. Before ordering any part of the expenses of any improve- ment or repair to be defrayed by special assessment, the council shall cause estimates of the expenses thereof to be made, and also plats and diagrams, when practicable, of the work, and of the locality to be improved, and deposit the same with the city clerk for public exami- nation; and they shall give notice thereof, and of the proposed assess- ments [assessment], and of the districts to be assessed, by publication for two weeks at least, in one of the newspapers of the city, and of the time when the council will meet and consider any objections there- to. No such special assessment shall be ordered except by the con- currence of two-thirds of the aldermen elect. Sec. 203. The costs and expenses of any improvements which may be defrayed by special assessments shall include the costs of surveys, plans, assessments, notices, advertising, and costs of con- struction. Sec. 204. Special assessments to defray the cost of any improve ment other than sewers and paving shall be levied before the making of the improvement, or as soon as the improvement is completed and the expense thereof determined, except when the council by resolution *As Amended by Act 400 of the Laws of 1881. 1877.] CITY OF YPSILANTI. 57 shall allow the same to be paid in installments, when at least one- quarter of the cost thereof shall be assessed and collected immediately after the making of said improvement, or before, as the council shall determine, and the balance at such times and in such amounts as the council shall fix upon, with interest not to exceed five per cent upon all deferred payments.* board as to Sec. 205. When any special assessment is to be made pro rata Directions to upon the lots and premises in any special district according to front- special age, or benefits, the council shall, by resolution, direct the same to be assessments. made by the board of assessors; and shall state therein the amount to be assessed, and whether, according to frontage or benefits; and de- scribe or designate the lots and premises, or locality constituting the district to be assessed. Sec. 206. Upon receiving such order and directions, the board of Assessment roll. assessors shall make out an assessment roll, entering and describing therein all the lots, premises and parcels of land to be assessed, and the valuation thereof, with the names of the persons, if known, chargeable with the assessments thereon; and shall levy thereon and against such persons the amount to be assessed, in the manner directed by the council and the provisions of this act, applicable to the assessment; and when such assessment is completed, they shall council when Report to report the same to the council. completed. frontage. Sec. 207. If the assessment is required to be according to frontage, Assessments they shall assess to each lot or parcel of land such relative portion of according to the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed, unless on account of the shape or size of any lot, an assessment for a different number of feet would be more equita- ble. If the assessment is directed to be according to the benefits they According to shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement, and in making said assessments they shall take as the basis of their assessment the value of all lots, premises, and parcels of land, as valued and assessed for State and county taxation, in the last preceding district tax rolls. benefits. Sec. 208. When any special assessment shall be reported by the Filed with city board of assessors to the council, as in this act directed, the same shall clerk. be filed in the office of the city clerk and numbered. Before adopting the assessment, the council shall cause notice to be published for one week at least, in some newspaper of the city, of the filing of the *As Amended by Act 370 of the Laws of 1899. 58 CHARTER OF THE [1877. Review, correc- tion and dispo- sition of roll. Confirmation by council. Lien on land and charge against person. Division into installments. First installment due on confirmation. Assessment roll for each installment. same with the city clerk, and appointing a time when the council will meet to review the assessment. Any person objecting to the assess- ment may file his objection thereto in writing with the city clerk. Sec. 209. At the time appointed for that purpose as aforesaid, the council shall meet, and then, or at some adjourned meeting, review the assessment; and the council shall correct the same if necessary, and confirm it as reported, or as corrected; or they may refer the assessment back to the board for revision, or annul it and direct a new assessment; in which case the same proceeding shall be had as in respect to the previous assessment. When a special assessment shall be confirmed, the city clerk shall endorse a certificate thereof upon the roll, showing the date of confirmation. Sec. 210. When any special assessment shall be confirmed by the council, it shall be final and conclusive; but no such assessment shall be confirmed, except by a concurrence of a majority of the aldermen elect. Sec. 211. All special assessments shall, from the date of the con- firmation thereof, constitute a lien upon the respective lots, or parcels of lands assessed, and shall be a charge against the persons to whom assessed, until paid. Sec. 212. Upon the confirmation of any special assessment made for the purpose of defraying the expenses of constructing sewers or repairing thereof, the amount thereof shall be divided into five equal installments, one of which shall be collected each year, at such time as the council shall determine, with annual interest at a rate not exceeding five per cent upon the second, third, fourth and fifth install- ments; and upon the confirmation of any special assessment, made for the purpose of defraying the expenses of paving, or repairing there- of, the amount thereof shall be divided into ten installments, one of which shall be collected each year, at such time as the council shall determine, with annual interest at a rate not exceeding five per cent upon the second, third, fourth, fifth, sixth, seventh, eighth, ninth and tenth installments.* Sec. 213. All special assessments, except such installments thereof as the council shall make payable at a future time, as provided in the preceding section, shall be due and payable upon confirmation. Sec. 214. If any special assessment shall be divided into install- ments, a special assessment roll shall be made for each installment, as the same shall become due, with accrued interest upon all unpaid installments included and assessed therein. Such special rolls may be made and confirmed without notice to the persons assessed. *As Amended by Act 370 of the Laws of 1899. 1877.) CITY OF YPSILANTI. 59 amounts in case lots. Sec. 215 Should any lots or land be divided after a special assess- Apportionment ment thereon has been confirmed and divided into installments, and of uncollected before the collection of all the installments, the council may require of division of the board of assessors to apportion the uncollected amounts upon the several parts of lots and land so divided. The report of such appor- tionment when confirmed, shall be conclusive upon all the parties, and all the assessments made thereafter upon such lots or lands shall be according to such division. case of a Sec. 216. Should any special assessment prove insufficient to pay Additional for the improvement or work for which it was levied and the expenses assessments in incident thereto, the council may make an additional pro rata assess- deficiency. ment to supply the deficiency; and in case a larger amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid. Sec. 217. in case of Whenever any special assessments hereafter made shall, New assessments in the opinion of the council, be invalid by reason of irregularity or irregularity. informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the council shall, whether the improvement has been made or not, or whether any part of the assessment has been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings on such re-assessment and for the collection thereof shall be conducted in the same manner as herein provided for the original assessment, and whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the re-assessment upon said premises, and the re-assessment shall to that extent be deemed satisfied. Sec. 218. No judgment, or decree, nor any act of the council vacat- Lien for ing a special assessment, shall destroy or impair the lien of the city charges not equitable upon the premises assessed, for such amount of the assessment as may impaired by by equitably charged against the same, or as by regular mode of assessments. degree vacating proceeding might have been lawfully assessed thereon. Sec. 219. Whenever any special assessment shall be confirmed and Levy and be payable, the council may direct the supervisor to levy the sum collection of therein mentioned upon the respective lots and premises to which assessments. special they are especially assessed, and against the persons chargeable there- with as a tax in the city tax roll next thereafter to be made, in a column for special assessments, and thereupon the amounts so levied in said city tax roll shall be collected and enforced with other taxes in the city tax roll, and in the same manner; and shall continue to be 60 CHARTER OF THE [1877. Idem. Seizure and sale of goods by marshal. Disposition of proceeds of sale. Cost of sale. . Disposition of money by marsha! and return of roll. Renewal of warrant. a lien upon the premises assessed until paid, and when collected shall be paid into the city treasury. Sec. 220. When any special assessment shall be confirmed and be payable as herein before provided, the council, instead of requiring the assessments to be levied in the city tax roll, as provided in the preceding section, may direct the assessment so made in the special assessment roll to be collected directly therefrom; and thereupon the city clerk shall attach his warrant to a certified copy of said special assessment roll, therein commanding the marshal to collect from each of the persons assessed in said roll the amount of money assessed to and set opposite his name therein; and in case any person named in said roll shall neglect or refuse to pay his assessment upon demand, then to levy and collect the same by distress and sale of the goods and chattels of such persons [person]; and that he pay the money so collected to the city treasurer, and return said roll and warrant, together with his doings thereon, within sixty days of the date of such warrant. ↓ Sec. 221. Upon receiving said assessment roll and warrant, the marshal shall proceed to collect the amounts assessed therein. If any person shall neglect or refuse to pay his assessment upon demand, the marshal shall seize and levy upon any personal property found within the city, or elsewhere within the country, [county] belonging to such person, and sell the same at public auction, first giving six days' notice of the time and place of such sale, by posting such notices in three of the most public places in the city where such prop- erty may be found. The proceeds of such sale, or so much thereof as may be necessary for that purpose, shall be applied to the payment of the assessment, and for the cost and expenses of said seizure and sale and the surplus, if any, shall be paid to the person entitled thereto. Sec. 222. The marshal shall pay the moneys and all the costs and expenses collected by him to the city treasurer, and file a statement He shall also make return of said as- thereof with the city clerk. sessment roll and warrant to the city clerk according to the require- ments of the warrant, and if any of the assessment in said roll shall be returned unpaid, the marshal shall attach to his return a statement, verified by his affidavit, containing a list of the persons delinquent, and a description of the lots and premises upon which the assessments remain unpaid, and the amount unpaid on each. Sec. 223. Said warrant may be renewed from time to time by the city clerk, if the council shall so direct, and for such time as they shall determine, and during the time of such renewal the warrant shall have the same force, and the marshal shall perform the same 1877.] CITY OF YPSILANTI. 61 duties, and make the like returns, as above provided. In case any Assessments returned unpaid assessment shall be finally returned by the marshal unpaid, as re-assessed. aforesaid, the same shall then be re-assessed by the supervisor, with interest included at the rate of fifteen per cent from the date of the confirmation of the assessment in the next city tax rolls, and be collected and paid in all respects as provided in section two hundred and nine- teen aforesaid. collected by suit. Sec. 224. At any time after a special assessment has become paya- Special assess- ble, the same may be collected by suit in the name of the city, against ments may be the person assessed, in an action of assumpsit, in any court having jurisdiction of the amount. In every such action a declaration upon the count for money paid, shall be sufficient. The special assessment roll and a certified order or resolution confirming the same, shall be prima facia evidence of the regularity of all the proceedings in making the assessment, and the right of the city to recover judgment therefor. FINANCE AND TAXATION. Sec. 225. The fiscal year of the city shall commence on the first Fiscal year. Monday of May in each year, unless otherwise provided by ordinance. money by Sec. 226. The council of the city shall have authority within the Authority of limitations herein prescribed, to raise annually, by taxation within council to raise the corporation, such a sum of money as may be necessary to defray taxation. the expenses and pay the liabilities of the city and to carry into effect the powers in this act granted. They shall not contract any debt to an amount exceeding the sum of ten thousand dollars, or sell any property belonging to the city of the value of ten thousand dollars or upwards, in any one year, without first submitting the same to a vote of the electors. Provided, howevrer, that this shall not affect the provisions of sections 243, 244 and 245, and money raised for the purposes mentioned in said three last mentioned sections shall not be used or applied to any other purpose.* Sec. 227. The revenues raised by general tax upon all the property Division into in the city, or by loan to be repaid by such tax, shall be divided into the following general funds: general funds. First, Contingent fund, to defray the expenses and liabilities in- Contingent. curred by the city for the payment of which from some other fund, no provision is made; Second, Poor fund, to defray the expenses and liabilities incurred Poor. by the city for the support of the poor having a settlement in the city; Third, Interest and sinking fund, for the payment of the public interest and debt of the city and the interest thereon; sinking. As Amended by Act 110 of the Laws of 1891 62 : CHARTER OF THE [1877. Other general fund. Special funds. Highway dis- trict fund. District sewer. Special assess- ment. Aggregate amount council may raise by general tax. Priviso as to street fund. Amount in sewer and special assess- ment districts for local im- provements. Fourth, Such other general funds as the council may from time to time constitute.* Sec. 228. Revenues and moneys raised by taxation in special districts of the city shall be divided into the following special funds: First, A highway district fund for each highway district, to defray the expenses of opening, widening, extending, altering and vacating streets and alleys, and for grading, curbing, graveling and otherwise improving, repairing and cleaning the streets and alleys of the city, and for the construction and repair of sidewalks and crosswalks and for the care thereof; Second, A district sewer fund for each main sewer district, for the payment of the costs and expenses of sewers and drainage in and chargeable to the main sewer districts, when the city shall be divided into such districts; Third, Special assessment funds; any money raised by special assessment, levied in any special district, or special sewer district to defray the expenses of any work, paving or improvement, or repairs, or drainage therein, shall constitute a special fund for the purpose for which it was raised.* Sec. 229. The aggregate amount which the council may raise by general tax upon the taxable real and personal property in the city, for the purpose of defraying the general expenses and liabilities of the corporation, and for all purposes for which the several general funds mentioned in section two hundred and twenty-seven of this act are constituted, exclusive of taxes for schools and school house purposes, shall not, except as herein otherwise provided, exceed in any one year three and one-quarter per cent on the assessed value of all the real and personal property in the city made taxable by law: Provided, however, That the council shall not raise by general tax upon the taxable real and personal property in the city, in any one year, for the poor fund more than one-quarter of one per cent, for the con- tingent fund more than one per cent, for the interest and sinking fund more than two per cent, on the assessed value of all the real and personal property in the city made taxable by law.* Sec. 230. In addition to the above amounts the council may raise by special assessment in each highway district, sewer district, and special assessment district, for highway purposes, and for the purpose of creating and replenishing the funds provided for in section two hundred and twenty-eight of this act, and paying the same, such sum as they shall deem necessary, but not exceeding in any one year one per cent on the assessed value of the property in the highway district, *As Amended by Act 400 of the Laws of 1881. 1877.] CITY OF YPSILANTI. 63 and five per cent on the assessed value of the property in the sewer district, or special assessment district, as the case may be, as shown by the last preceding assessment rolls of the city.* Sec. 231. A tax or assessment of not more than two dollars per year Tax for use of may be levied upon each lot or premises drained by a private sewer public sewer. or drain, leading into any public drain or sewer. Sec. 232. It shall be the duty of the council to cause estimates to Estimates of be made in the month of May in each year, of all the expenditures expenditure. which will be required to be made from the several general funds of the city during the next fiscal year, for the payment of interest and debts to fall due, or for lands to be acquired, buildings to be erected or repaired, for the support of the fire department, and for defraying the current expenses of the year, and for any other purpose for which any money will be required to be paid from any of the several general funds during such fiscal year. assessments. Sec. 233. The council shall also in the same month determine the Determination amount or part of any special assessment which they require to be of special levied or re-assessed in the next general tax rolls of the city upon the taxable real and personal property in the several highway districts and upon lands in any main sewer or special assessment districts, or upon any parcel of land, or against any particular person, as a special assessment.* Sec. 234. The common council shall also, on or before the second Annual appro- Monday in June in each year pass or adopt a resolution to be termed priation bill. the annual appropriation bill, in which they shall make provisions for and appropriate the several amounts required to defray the expendi- tures and liabilities of the corporation for the next fiscal year, payable from the several general funds as estimated and determined upon as provided in section two hundred and twenty-seven of this act, and order the same, or so much of such amounts as may be necessary to be raised by tax with the next general tax levy, and to be paid into the several general funds; but the whole amount so ordered to be raised by tax shall not, except as herein otherwise provided, exceed the amount which the city is authorized by section two hundred and twenty-nine of this act to raise by general tax during the year. The council shall specify in such resolution the objects and purposes for which such appropriations are made, and the amount appropriated for each object or purpose, and to each of the general funds. The council shall also designate in the appropriation bill the sums, if any, required to be levied by tax in each highway district for highway purposes and the sums if any required to be levied to meet any deficiency for the curent year, and the amount or part of any special assessment or other sum which they require to be levied or re-assessed *As Amended by Act 400 of the Laws of 1881. 64 CHARTER OF THE [1877. No money used not in annual appropriation. Idem. Moneys credited to the funds for which raised. How money drawn from treasury. with the next general tax, as mentioned in section two hundred and twenty-three of this act, and the disposition to be made of such moneys, and may designate in said bill any local improvements which they may deem advisable to make during the next fiscal year, to be paid for, in whole or in part, by special assessments and the estimated cost thereof, and shall at the same time, by resolution, levy the aggre- gate of the taxes mentioned in such appropriation bill, upon the taxable property within the city.* Accounts of officers to be Bettled at close Mf year: Sec. 235. After the passage of the annual appropriation bill, no further sums shall be used, raised, or appropriated; nor shall any further liability be incurred for any purpose, to be paid from any general fund during the fiscal year for which the appropriation was made. Sec. 236. No expenditure shall be made, money be paid out of any general fund, except the contingent fund, for any purpose, unless appropriated for that purpose in said bill Sec. 237. All moneys and taxes raised, loaned, or appropriated for the purpose of any particular fund, shall be paid in and credited to such fund, and shall be applied to the purpose for which such moneys were raised, and received, and to none other; nor shall the moneys belonging to one fund be transferred to any other fund or be applied to any purpose for which such other fund is constituted, except when there shall be a surplus in any general fund, at the close of any fiscal year. In such case the surplus may be transferred to the sink- ing fund, should there be a deficiency in that fund, otherwise the council may apply such surplus as they shall deem proper. Moneys not received or appropriated for any particular fund shall be credited to the contingent fund. Sec. 238. No money shall be drawn from the treasury except in pursuance of the authority and appropriation of the council, and upon the warrant of the clerk countersigned by the mayor. Such warrant shall specifiy the fund from which it is payable, and shall be paid from no other fund. Warrant not to Sec. 239. No warrant shall be drawn upon the treasury after be drawn after fund is exhausted the fund from which it should be paid has been exhausted, nor when the liabilities outstanding and previously incurred and payable from such fund are sufficient to exhaust it. Sec. 240. Immediately upon the close of the fiscal year the coun- cil shall audit and settle the accounts of the city treasurer and other *As Amended by Act 400 of the Laws of 1881! 1877.] CITY OF YPSILANTI. 65 statement. officers of the city, and the accounts also, as far as practicable, of all persons having claims against the city, or accounts with it not previously audited; and shall make a statement in detail of the Annual financial receipts and expenditures of the corporation during the preceding year, which statement shall distinctly show the amount of all taxes raised during the preceding year for all purposes, and the amount levied by special assessments, and the amount collected on each; and the amount of money borrowed, and upon what time and terms, and for what purpose; also the items and amounts received from all other sources during the year, and the objects thereof, classifying the expenditures for each purpose separately. Said statement shall also show the amount and items of all indebtedness outstanding against the city, and to whom payable, and with what rate of interest; the amount of salary or compensation paid or payable to each officer of the city for the year, and such other information as shall be necessary to a full understanding of all the financial concerns of the city. • with clerk and Sec. 241. Said statement, signed by the mayor and clerk, shall Statements filed be filed in the office of the city clerk, and a copy thereof published in published. one of the newspapers of the city previous to the third Monday in May in the next fiscal year. Sec. 242. If any officer of the corporation shall, directly or in- Appropriation of public money to directly appropriate or convert any of the moneys, securities, evi- private use dences of value, or any property whatsoever belonging to the corpora- prohibited. tion or any board thereof, to his Own use, or shall directly or indirectly and knowingly, appropriate or convert the same to any other purpose than that for which such moneys, securities, evidences of value, or property may have been appropriated, raised, or received, or to any purpose not authorized by law, he shall be deemed guilty of willful and corrupt malfeasance in office, and may be prosecuted, tried, and convicted therefor, and on conviction may be punished by Penalty. fine not exceeding one thousand dollars, or by imprisonment in the State prison for a period not exceeding three years, or both, in the discretion of the court. CITY BONDS. when payable, Sec. 243. The Common Council of the city of Ypsilanti is hereby May issue bonds, authorized to issue bonds of said city in such sums and for such Rate of interest, amounts as it may deem necessary, not to exceed two per cent of the etc. assessed valuation of the property assessed therein, for the purpose of constructing and repairing bridges over the Huron river, in said city; and like bonds for the purpose of the fire department of said city; said bonds shall bear a rate of interest not exceeding five per 66 CHARTER OF THE [1877. Sewer bonds. Proviso. Street Paving bonds. Bonds to satisfy judgment against city. Payments of bonds. cent, such bonds shall be payable in not more than ten years from date thereof, and not to exceed five thousand dollars payable in any one year. Said Council shall also have power to issue bonds of said city or sewer orders in such terms and for such amounts as it may deem necessary, not exceeding the sum of twenty thousand dollars, which bonds or orders shall bear a rate of interest not exceeding five per cent per annum, and payable in not more than five years from date thereof, for the purpose of paying the cost of constructing a sewer or sewers, in any special or local sewer district or districts, and the amounts thereof shall be collected from such special or local sewer district or districts to repay said bonds and sewer orders with interest on all deferred payments, at a rate not exceeding five per cent per annum: Provided, however, That, at no time, shall there be outstanding to exceed twenty thousand dollars of said bonds or orders. Said Council shall also have the power to issue bonds of said city in such sums and for such amounts as it may deem necessary, not to exceed two per cent of the assessed valuation of the property therein, as shown by the assessment rolls of the preceding year, for the purpose of paving the streets of said city, which bonds shall bear a rate of interest not exceeding five per cent per annum, and shall be payable in not more than ten years from date thereof. The amount of such bonds to the extent of all special assessments made for paving, as determined by the board of assessors, shall be respectively paid from the several districts, with interest at a rate not exceeding five per cent per annum, on all deferred payments as assessed and payable for paving. At no time shall any bonds of said city be sold at less than par or face value.* Sec. 244. The common council of the city shall also have the power and authority whenever a judgment shall have been rendered against the city, and there shall not be in the hands of the treasurer to the credit of the sinking fund sufficient moneys to pay said judgment, to issue the bonds of the city in such sums and for such amounts, not exceeding the amount of such judgment, for the purpose of satisfying the same; said last mentioned bonds shall bear a rate of interest not exceeding eight per cent; and shall be payable in not more than five years from the date of said bonds. Sec. 245. The common council may provide for the payment of the principal and interest of any outstanding legal bonds of the city at the time this act shall go into effect, by the issue of new *As Amended by Act 370 of the Laws of 1899. 1877.] CITY OF YPSILANTI. 67 ✔ bonds, at a rate of interest not exceeding eight per cent per annum, and for such sums each, and for such length of time as the common council shall direct; such bonds shall have attached thereto the necessary and usual interest coupons, corresponding in dates and numbers with the bonds to which they are attached. Such bonds shall be executed by the mayor and city clerk, under the seal of the city: Provided, however, That no such new bonds shall be issued Proviso. except by a concurring vote of two-thirds of the aldermen elect. to increase Sec. 246. Such new bonds may be issued in such a manner as New bonds not merely to change but not to increase the indebtedness of the city. indebtedness. And the council shall have the power to sell the same in the market at no less than par value, and place the proceeds thereof to the credit of the sinking fund, to be used and expended as provided in the next section. Sec. 247. It shall be the duty of the common council, when sinking fund. the sinking fund shall have been collected, to appropriate the same; first, for the payment of any judgment against the city; second, for the payment of any annual interest of the debts, and outstanding bonds of the city; and third, for the purchase or extinguishment of such outstanding bonds of the city as the common council shall direct. Sec. 248. A record showing the dates, numbers, and amounts of Record of bonds. all bonds issued, and when due, shall be kept by the city clerk. ASSESSMENT AND COLLECTION OF TAXES. duties of super- Sec. 249. The supervisors of said city shall, in each year, make Assessment of and complete an assessment of all real and personal property within property and their respective districts liable to taxation under the laws of the visors. State; and, of all the property of any person liable to be assessed therein in the same manner and within the same time as required by law for the assessment of property in the townships of the State: and in so doing, they shall conform to the provisions of law governing the action of supervisors of townships performing like services and in all other respects within their respective districts they shall unless otherwise in this act provided, conform to the provisions of law applicable to the action and duties of supervisors in townships, in the assessment of property, the levying of taxes and the issuing of warrants for the collection and return thereof. assessments, Sec. 250. The supervisors of the several districts, together with Board to review the senior alderman from each ward, shall constitute a board of power and duties. review of assessments. At the time appointed by law for the review of assessments made by supervisors of townships, the said board of 68 CHARTER OF THE [1877. Notice of time of meeting. Board to certify corrected assess- ment roll. Further power board. Supervisors to make copy of roll. Apportionment of taxes to districts. Special assess- ment rolls. review shall meet at the place of meeting of the common council and there proceed to review and correct the assessments made by the supervisors in the several districts; and for that purpose said board shall have the same powers and perform the same duties in all respects as supervisors of townships in reviewing and correcting assessments made by them. Said board shall continue in session one day, for the purpose of completing such review. Notice of the time and place of the meeting of said board for the purpose aforesaid shall be given by the city clerk by publication in one of the newspapers of the city, at least one week before the time for (the) review.* Sec. 251. When the board shall have reviewed and corrected the assessments rolls of the several districts, they shall, in addition to the certificate required to be made by the supervisor, add their own certificate to each roll, signed by at least a majority of them, showing that they have reviewed the roll. The board of review shall have authority to equalize, alter, amend and correct any assessment or valuation, or description, and to place upon the assessment roll of the proper district any taxable property, real or personal, not already assessed, held or owned by any person or persons, and to strike from said roll any property wrongfully thereon. The con- currence of a majority of the board shall be sufficient to decide any question in altering or correcting any assessment or description. Sec. 252. When such assessment rolls shall be completed they shall be delivered to the respective supervisors, who shall immediate. ly proceed to make therefrom a full and complete copy of the assess- ment roll for their respective districts as corrected and revised, which shall be deemed the, general assessment roll of the city for that year. for their respective districts, and which shall be used for State, county, city and school taxes, and such other taxes and assessments as hereinafter directed.† Sec. 253. It is hereby made the duty of the supervisors to apportion the city tax to the two judicial districts, as equalized by the board of review, for such year. Sec. 254. The supervisors, shall, immediately after making the copy of the rolls mentioned in section two hundred and fifty-two of this act, make another copy of the rolls for their respective districts, as corrected and equalized by the board of review, and which shall be deemed the special assessment roll of the city for their respective districts for that year, and shall assess therein the city taxes that have been levied by the council for the year upon the taxable property of the city, according and in proportion to the individual and particular *As Amended, by Act 110 of the Laws of 1891: TAs Amended by Act 400 of the Laws of 1881. 1877.) CITY OF YPSILANTI. 69 estimate and valuation, as specified in the revised assessment rolls of the city for that year, and shall, on or before the first Monday in July in each year, deliver to the city treasurer their special assess- ment roll of the city, with the taxes for the general funds of the city for the year annexed to and carried out in a column thereof, and if there be other taxes assessed than for said general funds, they shall be carried out in separate columns, and all special assessments required by the common council, or the provisions of this act, to be assessed in such rolls against any description of land shall be carried out in separate columns thereof; and the total amount of taxes and assessments shall be carried out in the last column of such rolls. What warrant Sec. 255. Before the supervisors of said city shall deliver to the Supervisor to treasurer their several special assessment rolls for the city, as attach warrant o roll. mentioned in the preceding section, each supervisor shall attach to the roll for his respective district a warrant under his hand, com- manding the marshal within thirty days from the first day of August in said year, to collect from the persons named in said roll the several sums set opposite their respective names, and pay the same to the city treasurer, to the credit of the several funds for which the tax was levied, or the assessment made; and the said warrant shall authorize the city marshal, in case any person named in the assess- to authorize. ment roll shall neglect or refuse to pay his tax, to levy the same by distress of the goods and chattels of such persons (person), which said warrant shall confer upon the marshal the same powers and authority for the collection of taxes as the warrant of the supervisors of townships confer upon the township treasurer; and when such special assessment rolls for the city are delivered to the city treasurer as aforesaid, he shall notify the taxpayers of the city by publishing such notification in a newspaper published in the city for at least Notice to tax one week, and after notification it shall be the duty of each and every person against whom taxes are assessed to pay the same at the office of the city treasurer. payers. When assess- Sec. 256. Said assessment roll shall remain in the hands of the city treasurer until the first day of August in said year, on which ment delivered day he shall deliver the same to the marshal, who shall proceed to to marshal. collect the taxes unpaid therein, adding thereto the sum of five per cent for expenses of collection. While said assessment roll shall remain in the hands of the treasurer any person may pay his taxes without percentage. Such assessments (assessment) roll shall not Marshal's bond. be delivered to the marshal until he has filed with the city clerk a bond for the faithful performance of his duties as marshal, in such amount and with such securities as shall be approved by the common council, and with a condition to pay to the treasurer all moneys 70 CHARTER OF THE [1877. Proceedings of marshal when personal prop- erty is levied on. Taxes a lien on property. Provisions of law applicable. collected by him within forty-eight hours after he shall receive the same. Sec. 258. The taxes so levied for city and highway purposes shall be and remain a lien upon the property on which the same was levied, in like cases, and to the same extent as taxes required by law to be levied on property in the several townships in this State are liens upon property. And within thirty days after the expiration of the time named for the collection of such taxes in section two hundred common council. and fifty-five, the treasurer shall return a list of all such unpaid taxes Treasurer to return list of unpaid taxes to to the common council, and the common council shall direct the supervisors to carry into their next assessment rolls for State, county and school purposes all such delinquent taxes so returned in their respective districts, with a penalty of ten cents on each dollar of the sum total of taxes assessed to each particular description of land, or assessment on personal property, and which penalty shall be carried out opposite to each such particular description of land in a column provided for that purpose, and all provisions of the law respecting the return and sale of property for the non-payment of taxes for State, county and township purposes shall apply to the return and sale of property for the next non-payment of such city and highway taxes, except as herein otherwise provided.* etc., to super- visor. Sec. 257. When the marshal shall have levied upon any personal property for the non-payment of any tax or assessment in this act provided, he shall proceed to advertise and sell the same, in the same manner, and upon like notice, as required by law in the levy and sale of personal property for non-payment of taxes by township treasurers. Sec. 259. It shall be the duty of the city clerk, on or before the Clerk to certify amount for local second Monday of June in each year, to certify to the proper super- improvements, visor the amount to be raised for local improvements and the persons liable to be taxed therefor, and also to certify the amount to be raised by tax for city and highway purposes; and it shall also be his duty, on or before the first day of October in each year, to certify to the supervisor of each district for assessment therein all amounts which the council require to be assessed or re-assessed in any district, drain or special sewer district, or other special district assessment, or upon any parcel of land, or against any particular person as a special assessment, or as the delinquent taxes mentioned in section two hundred and fifty-eight in this act, or otherwise within this district, together with a designation of the districts, or description of the land or person upon which or within which the several sums are to be assessed or re-assessed, with such further description as *As Amended by Act 400 of the Laws of 1881. 1877.] CITY OF YPSILANTI. 71 * X will enable the supervisors to assess the several amounts upon the property and persons chargeable therewith.* certain taxes. Sec. 260. The county clerk, as clerk of the board of supervisors County clerk to of the county, shall apportion the amount to be raised for State and apportion county taxes among the two districts in the city, according to the valuation of the property appearing upon the general assessment rolls of said district of the city for such year, and to certify to the super- visors of the several districts, for assessment therein, the amounts apportioned to their respective districts, within five days after the board of supervisors of the county shall have completed the equali- supervisors. zation of the value of the property in said districts for the year.* Certify to Sec. 261. Each supervisor, at the time of levying State and county Levy of tax by taxes in his district for the year, shall levy in the roll for State and supervisors. county taxes, upon all the taxable property in the district, the amounts certified to him by the clerk of the board of supervisors, as provided in section two hundred and sixty of this act, to be raised for State, county, school and library purposes, placing the school, library, two- mill, and school-house taxes in one column; and he shall also levy in the same roll upon the lands, property, and persons chargeable there- with, all special assessments, and delinquent city taxes in his district, and such sums reported to him by the city clerk as provided in the same section for assessment or reassessment, in districts, main or special sewer districts, or for other special assessments, placing the same in separate columns, and shall place the state and county taxes in other columns. The amount of the several taxes so levied upon each valuation shall be carried into another column, and a collection fee of five per cent on the tax entered in another column, and the aggregate of taxes and fees shall be carried into the last column of the roll. What supervis- to treasurer and clerk. Treasurer's Sec. 262. The supervisors, upon completing their rolls, shall certify to the city treasurer the amounts levied in their respective rolls for ors shall certify State and county purposes, and for collection fees, and to the city clerk the amounts levied therein for city, highway and school taxes, special assessments and other purposes. The city treasurer shall give bonds to the county treasurer in the same manner as township treasurers bond. are required to do; and thereupon, and on or before the first Monday in December, the several supervisors shall delivered certified copies of the general tax-rolls of the city, with the taxes extended therein as of rolls to be aforesaid, to the city treasurer, with their warrants for the collection deliverd to of the taxes therein annexed thereto.* Certified copies treasurer. Sec. 263. The warrants annexed to each roll shall state the several amounts levied therein to be paid into the city and county treasuries *As Amended by Act 400 of the Laws of 1881. What warrant to state. 72 CHARTER OF THE [1877. Tax a lien on land. Notice by treasurer. How given. Treasurer to receive taxes. Collection of taxes unpaid to treasurer. New warrants. respectively, and shall command the city marshal to collect from the several persons named in said roll, the several sums named in the last column thereof opposite to their respective names, remitting upon all taxes paid before the first day of January next thereafter, the percentage added for collection fees, and pay over and account for all moneys collected, and specified in the roll as in said warrant directed, on or before the first day of February then next; and the warrant shall authorize the marshal, in case any person shall neglect to pay his tax, to levy the same by distress and sale of the goods and chattels of such person. Sec. 264. All taxes levied upon any district tax rolls shall be and remain a len upon the lands upon which they are levied until paid. Sec. 265. Upon receiving the several district tax rolls as above provided, the city treasurer shall give notice immediately to the tax- payers of the city that such rolls have been delivered to him, and that the taxes therein levied can be paid to him, at his office, at any time before the first day of January next, without any charge for collection; but that five per cent collection fees will be charged and collected upon all taxes remaining unpaid on said first day of January. Said notice shall be given by publishing the same one week in one of the newspapers of the city; and it shall be the duty of the treasurer to be at his office at such times previous to the said first day of January as the council shall direct, and there receive payment of such taxes as may be offered to him. He shall remit the collection fees upon all taxes paid to him before the said first day of January; but in all other cases the marshal shall collect both the tax and the percentage for collection added in the roll. All such percentage for fees collected shall be paid in to the city treasurer, to the credit of the general fund, and the treasurer's receipt therefor shall be taken and filed with the city clerk, who shall charge the treasurer with the amount thereof. Sec. 266. For the collection of all taxes remaining unpaid on the first day of January, the city marshal shall proceed in the same manner as township treasurers are required by law to do for the collection of taxes in townships, and shall for that purpose have all the powers and authority conferred by law upon township treasurers for such purpose, and shall, when necessary, enforce the payment or the tax against any person by distress and sale of his goods and chattels, if any such can be found anywhere within the county. Sec. 267. The county treasurer may issue new warrants to the city marshal for the collection of taxes in the same manner and in the same cases, and with the same effect, as such new warrant may be issued to township treasurers. The city marshal may, and it 1877.] CITY OF YPSILANTI. 73 L shall be his duty to proceed by suit in the name of the city, for the collection of unpaid taxes in the same cases, and under like circum- stances in which township treasurers are authorized to proceed in that manner; and all the provisions of law applicable to suits and evidence therein brought by township treasurers in the name of their township for such purpose [purposes], shall apply to suits brought by the city marshal as aforesaid. Sec. 268. For the purpose of assessing and levying taxes in the Judicial districts city, for State, county, school, and library purposes, each judicial same township. district shall be considered the same as a township, and all provisions of law relative to the collection of taves levied in townships shall apply to the collection of taxes levied and assessed by the supervisors in the city, except as herein otherwise provided. For the purpose of collecting taxes, and returning property for non-payment thereof, the city marshal shall perform the same duties and have the same powers as township treasurers, except as herein otherwise provided. marshal. Sec. 269. The marshal shall pay to the city treasurer all moneys Payment of by him collected within forty-eight hours after he shall receive the money by same, and shall take the treasurer's receipt therefor, showing the amounts paid for city, highway, school and special assessment taxes respectively, and file the same with the city clerk, and the city clerk shall charge the amount of all such taxes to the city treasurer.* Sec. 270. The treasurer shall within one week after the time for that Payment by purpose specified and directed in said warrants, pay to the county treasurer. treasurer the sums required in said warrants to be so paid, either in delinquent taxes, or in funds then receivable by law, and all lands upon which any unpaid tax shall be returned, shall be sold therefor the same as lands returned for delinquent taxes by township treasurers. respect to delin- Sec. 271. All the provisions of law respecting delinquent taxes City same as levied in townships shall apply to all taxes levied in the city, except township in as herein otherwise provided, and be returned as delinquent to the quent taxes. county treasurer; and the city in respect to taxes levied and returned to the county treasurer as delinquent shall, except as herein otherwise provided, be considered and treated as a township; and all the pro- visions of law for the sale of lands for the payment of taxes levied for State, county and township purposes, and returned delinquent, shall apply to the return and sale of property for the non-payment of delinquent taxes levied in the city, except as herein otherwise provided. Sec. 272. The council shall have power and authority to make and General power establish all the necessary by-laws for the collection of said taxes and of council as to assessments. Every local, special, or general assessment or tax taxes. *As Amended by Act 110 of the Laws of 1891. 74 CHARTER OF THE [1877. Fire apparatus, Sec. 273. Subject to the authority hereby given to the common Establishment and maintenance council to enact all such ordinances as shall be deemed necessary to of Engine houses. etc. Chief engineer duties, etc. Assistant engineers. lawfully imposed by said common council on any lands, tenements, hereditaments, or premises whatever in the city, shall be and remain a lien on such lands, tenements, hereditaments, and premises, from the time of imposing such tax or assessment until paid, and the owner or occupants, or parties interested respectively in said real estate shall be liable on demand to pay every such tax and assessment to be levied as aforesaid. Authority to command assis- tance at fires. FIRE DEPARTMENT. guard against the occurrence of fires and to protect the persons and property of inhabitants against accidents and damage resulting there. from, the board of fire department commissioners, under the general direction of the common council, shall have the power to establish and maintain a fire department; to organize and maintain fire companies; to employ and appoint firemen; to make and establish rules and regulations for the government of the department, the employees, firemen and officers thereof, and for the care and management of the engines, apparatus, property and buildings pertaining to the depart- ment, and prescribing the powers and duties of such employees, fire- men and officers.* Sec. 274. The board of fire department commissioners may purchase and provide suitable fire engines and such other apparatus, instruments, horses and means for the use of the department, as may be deemed necessary for said fire department; and make all necessary provisions for a convenient supply of water for the use of the department.* Sec. 275. The said board may also provide or erect, suitable buildings for keeping the engines, carriages, teams, lodging of firemen, and fire apparatus of the department.* Sec. 276. The said board shall appoint a chief engineer of the fire department, who shall give his entire time to the duties of the fire department, and, subject to the orders, rules and regulations of the board, shall have the supervision and direction of the department and the care and management of the fire apparatus and property. And the said board may appoint such assistant engineers and other officers of the department as may be necessary.* Sec. 277. The chief engineer, mayor, city marshal, and any alder- man or officer of the fire department may command any person present at a fire to aid in the extinguishment thereof, and to assist in the protection of property thereat. If any person shall willfully disobey *As Amended by House Enrolled Act 156 of the Laws of 1905. 1877.) CITY OF YPSILANTI. 75 any such lawful requirement or other lawful order and direction of any such officer, the officer giving the order may arrest or direct any policeman or citizen to arrest such person and confine him temporarily until the fire shall be extinguished, and in addition thereto he shall be punished in such manner as may be prescribed by the ordinances of the city. duties. Sec. 278. The council may provide by ordinance for the appoint- Fire warden's ment of, and may appoint, such number of fire wardens as may be deemed necessary, and for the examination by them, from time to time, of the stoves, furnaces, and heating apparatus and devices in or near all the dwellings, buildings, and structures within the city, and in all places where combustible or explosive substances are kept. and to cause all such as are unsafe with respect to fire, to be put in a safe condition. Sec. 279. The council may prescribe by ordinance from time to Fire limits. time limits or districts within which wooden buildings and structures shall not be erected, placed or enlarged, and to direct the manner of constructing buildings within such districts, with the respect to pro- tection against fire, and the materials of which the outer walls and roofs shall be constructed. etc. Sec. 280. The council may also prohibit, within such places or Location of districts as they shall deem expedient, the location of shops, the lumber yards, prosecution of any trade or business, the keeping of lumber yards, and the storing of lumber, wood, or other easily inflammable material, in open places, when in the opinion of the council the danger from fire is thereby increased. They may regulate the storing of gunpowder, Gunpowder, oils, and other combustible and explosive substances, and the use of oils, etc. lights in buildings, and generally may pass and enforce such ordinances and regulations as they may deem necessary for the prevention and suppression of fires. Sec. 281. Every building or structure which may be erected, placed, Buildings enlarged, or kept, in violation of any ordinance or regulation made for erected in the prevention of fires, is hereby declared to be a nuisance, and may ordinances a be abated or removed by the direction of the council. violation of nusiance. Sec. 282. The officers, firemen and employees of the fire depart- compensation ment shall receive such compensation as the said board, subject to or firemen. the confirmation by the common council, may prescribe, and during their terms of service shall be exempt from serving on juries.* Sec. 283. The engineer in charge of the department at any fire, Power to pull with the concurrence of the mayor, or any two aldermen, or any two down buildings. members of said fire commission, may cause any building to be pulled *As Amended by Act 156 of the Laws of 1903. T 76 CHARTER OF THE [1877. Service of process. Acts apealed. Proviso. Acts repealed. Proviso. down or destroyed, when deemed necessary in order to arrest the progress of a fire, and no action shall be maintained against any person, or against the city therefor.* MISCELLANEOUS. Sec. 284. All process against the city shall run against the same in the corporate name thereof, and may be served by leaving a certified copy with the mayor or city clerk. Sec. 285. All acts or parts of acts contravening the provisions of this act, or inconsistent herewith, are hereby repealed: Provided, That this act shall not invalidate any legal act done by the mayor, city clerk, and aldermen of the city of Ypsilanti, or by the common council, or any officer of said city. All ordinances, by-laws, regulations, resolutions, and rules of the common council of the city of Ypsilanti, now in force, and not inconsistent with this act, shall remain in force until altered, amended, or repealed by the common council under this act, and after the same shall take effect. All property, real and personal, and rights of property in law, or in equity, and all debts, fines, penalties, forfeitures, rights, and causes of action, which belong, have accrued, or may accrue, to the city of Ypsilanti, shall be fully and absolutely vested in the said city, to be held subject to the provisions hereof, and may be prosecuted for, recovered, claimed and maintained by said city of Ypsilanti, in its own name or in any other lawful manner, and all officers now holding office in said city shall hold the same for the time for which they were elected, unless sooner removed for cause as herein provided. All writs, prosecutions, actions and causes of action, now in suit or instituted by or against, or in behalf of the city of Ypsilanti, shall continue and may be prosecuted to the end thereof, to the same effect as if this act had not been passed; and said city of Ypsilanti shall pay and discharge all the debts, obligations, contracts, and liabilities of the city. Sec. 286. This act shall take immediate effect. Approved May 5, 1877. Sec. 287. All acts or parts of acts contravening the provisions of this act or inconsistent herewith are hereby repealed: Provided, That this act shall not invalidate any legal act done by the mayor, city clerk, aldermen, other official or the common council of said city. All or- dinances, by-laws, regulations, resolutions and rules of the common coun- cil now in force, and not inconsistent with this act, shall remain in full force until altered, amended or repealed by the common council under this act, and the same shall take effect.t *As Amended by Act 156 of the Laws of 1905. †As Amended by Act 370 of the Laws of 1899. 1877.] 77 CITY OF YPSILANTI. commission. Sec. 288. The clerk of the commissioners of public works shall Duties of clerk keep the papers, files and records and collect all sewer and paving of public works taxes and perform such other duties and furnish such bonds as the said commission may from time to time prescribe. Said clerk may be the city clerk at the option of the city council.* BOARD OF POLICE COMMISSIONERS. Sec. 289. That all the powers and duties connected with and incident to the government and discipline of the police department of the city of Ypsilanti, shall be vested in and exercised by a board of three commissioners, to be known as the "board of police commis- sioners of the city of Ypsilanti," a majority of whom shall constitute a quorum for the transaction of business.* Powers and duties of police department, how vested. be removed. Sec. 290. Any member of said commission may at any time be re- Members may moved by a vote of two-thirds of all the members elect of the city council of said city for sufficient cause, and the proceedings in that behalf shall be entered on the journal of the council: Provided, That said Proviso. city council shall previously cause a copy of the charges preferred against such member sought to be removed, and notice of the time and place of hearing the same to be served on him at least ten days previous to the time so assigned, and opportunity to be given to him to make his defense personally and by counsel.* Sec. 291. Said commissioners shall serve without compensation, To serve without and no person shall be eligible to appointment to said board unless he shall then be an elector of said city.* compensation. oath. Sec. 292. Immediately after their appointment said commissioners To subscribe and their successors shall file with the city clerk of said city of Ypsilanti an oath of office which such filing shall constitute an accept- ance of the office, and said clerk shall report all such acceptances of office to the city council at its next meeting.* Sec. 293. As soon as said commissioners have qualified by filing To form their oaths of office, they shall meet and organize by electing one of organization. their number president of said board; whereupon they shall assume control of the police department of said city and they and their successors in office shall have and possess all the powers and authority conferred upon them by this act. The board shall hold such regular Meetings. and special meetings as they may from time to time provide; and shall cause full and accurate record of the same, and of all business tran- sacted by the board to be kept. They shall keep a separate account To keep of expenditures ordered by the board on account of the police depart- ment, and of all expenses incurred by the board in managing and accounts. *As Amended by Act 374 of the Laws of 1901. 78 CHARTER OF THE [1877. To report quarterly, etc. First appoint- ments of board. May appoint marshal. Sec. 294. The board of police commissioners shall have the power of appointing the city marshal or chief of police at a salary of not Depury marshal. exceeding fifty-five dollars per month. It shall also have the power Salary. Salary. of appointing two deputy marshals at a salary of not exceeding forty dollars per month for the first three years of service and fifty dollars per month thereafter, and such other or additional policemen or deputy marshals as may from time to time become necessary, subject to such limitations and restrictions as to numbers, qualifications and compensation as the common council may prescribe. Said board shall accordingly have power, and it shall be its duty, on the second Monday in May in the year nineteen hundred and five, or as soon thereafter as may be, to appoint the city marshal or chief of police, who shall hold his office during the pleasure of the board. They may also appoint as many special police, with or without compensation, in time of special emergency, or apprehended danger from riot or other cause of alarm, as they may deem expedient. Said board, whenever it shall seem to them discreet, may also, on application of any person or per- sons showing the necessity thereof, appoint any number of special police to do duty at any designated place or places within said city, at the charge and expense of the person or persons by whom the applica- tion shall be made, and the special police so appointed shall perform duty only at the place or places designated by said board, and shall continue in office at the pleasure of said board. No person while holding the office of city marshal or deputy marshal shall fill any other elective or appointive public office.* Special police. maintaining said department. The board shall report to the city council quarterly the condition and needs of the police department and the expense of conducting the same for the quarter. Said board shall also, from time to time, certify to the city clerk of said city, all ex- penses for or on account of said police department as shall have been approved by the board, and the city clerk shall report the same to the common council for payment as in other cases; but no claims or accounts shall be paid by the city council unless certified by the board.* Power and authority of marshal and deputies. Sec. 295. Said city marshal, deputy marshal and policemen shall possess all the powers and privileges that are now conferred on like officers by the charter of said city; they shall have the same power as constables now have by law, except as to the service and return of civil process and proceedings in civil cases, and shall be subject to the same liabilities, except as otherwise provided by law. They shall have power and authority to execute, serve and return all process for the enforcement of all ordinances of said city and the provisions of the charter of said city and of this act, and shall perform such other *As Amended by Local Act 374 of the Laws of 1901. 1877.] CITY OF YPSILANTI. 79 2 duties not inconsistent with this act or the charter of said city, as the council shall by ordinance or otherwise prescribe.* dismissals etc. Sec. 296. Said board of commissioners may, whenever it shall Power of board seem to them best, dismiss from the department and from service the relative to chief of police or any member of the police force, with or without charges or trial, and no such dismissed person shall be entitled to any compensation after such dismissal, and said board may, at pleasure, change any member of said police department from one grade of. service to another at any time, and may suspend any member of the department with loss of pay for such time as they may fix.* Sec. 297. Said board shall have power, and it shall be their duty, To make rules to make all such rules and regulations for the government and dis- and regulations. cipline of said police department as they may deem best calculated to secure thoroughness and efficiency. They shall prescribe suitable uniforms and badges for the several members of the department; shall establish proper regulations for the care and management of such police stations as may be provided by the city council for the accommodation of the police force for the lodging of vagrants and disorderly persons and for the temporary detention of persons arrested for offenses. They purchase shall purchase all supplies and materials needed for the use of the supplies, etc. department. They may adopt such system of reports from members of the force, of the chief and from the chief to the board, as they may think desirable, and may, in their discretion, require a bond to the city from the chief or any member of the department as security for the proper performance of his duties. They shall prescribe the duties of To prescribe the chief of police and of all regular and special police, and shall provide for the preservation of the public peace, for the prevention of crime, for the arrest of all offenders against the peace and good order of the city, and all persons violating the ordinances of the city. They To provide for shall provide for the protection of the rights of persons and property and for the preservation of order at fires and at all railroad depots, and shall enforce all ordinances proper to be enforced by the police of said city. And it shall be the duty of said board at all times, whenever consistent with the regulations of the board and the require- ments of the act, to furnish all information desired, and comply with all requests made by the city council of said city or by the mayor thereof.* duties. protection of property, etc. Sec. 298. All acts or parts of acts inconsistent herewith are hereby Repealing repealed.* clause. This act is ordered to take effect May 1, 1901. Approved April 4, 1901. *As Amended by Local Act 374 of the Laws of 1901. 80 [1877. CHARTER OF THE When justice to be elected. Term of office. Jurisdiction. Laws to govern. To have juris- diction in ordinance cases. JUSTICE COURT. Sec. 299. At the annual charter election held in the city of Ypsilanti on the first Monday in April in the year nineteen hundred six, and at such election once in four years thereafter, there shall be elected a justice of the peace. Such justice shall be elected on the city ticket in the manner provided by law for the election of other elective city officers. The term of office of any person elected to the office of justice of the peace under this act shall commence on the fourth day of July next succeeding his election and shall continue for the term of four years and until his successor shall have been elected and qualified. Sec. 300. Such justice of the peace shall have the exclusive juris- diction to hear, try and determine all charges for offenses and mis- demeanors alleged to have been committed within said city, and which by the general laws of the State are within the jurisdiction of justices of the peace. He shall have the exclusive jurisdiction to hear and examine all charges for crimes alleged to have been committed within said city and which by the general laws of the State are examinable by and before justices of the peace, and hold to bail or commit for trial in the circuit court for Washtenaw county. He shall also have concurrent jurisdiction with other justices of the peace of the county of Washtenaw, as to all crimes, offenses and misdemeanors when alleged to have been committed without said city but within the county of Washtenaw. Sec. 301. The general laws of the state relating to justices of the peace, shall, in all things, apply to and govern the justice of the peace hereafter elected in the city of Ypsilanti, except as otherwise pro- vided in this act. Sec. 302. The justice of the peace elected under this act shall have jurisdiction to hear, try and determine all complaints for the violation of any of the ordinances of the city of Ypsilanti, and all per- sons convicted by or before such justice, of the violation of any of the ordinances of said city, may by the justice before whom such con- viction is had be ned or imprisoned, or both, in the discretion of such justice, according to the terms of the ordinance under which such trial and conviction was had, and if a fine be imposed it shall be with the costs of prosecution, if the ordinance so provides, and an appeal may be taken to the circuit court for the county of Washtenaw by the person convicted, as in other criminal cases. All imprisonments imposed under this act may be in the county jail for the county of Washtenaw. 1877.) CITY OF YPSILANTI. SI and powers as are Sec. 303. The justice of the peace elected in said city under the Same jurisdiction provisions of this act shall have and exercise therein and within the given to justice county the same jurisdiction and powers in all civil and criminal by general laws. matters, causes, suits and proceedings, and shall perform the same duties in all respects, so far as occasion may require, as are or may be conferred upon or required of justices of the peace by the general laws of the state: Provided, That all actions within the jurisdiction Proviso. of justices of the peace may be commenced and prosecuted in sald justices' courts whenever the plaintiffs or defendants, or one of the plaintiffs or defendants, reside in either of the said city of Ypsilanti, or in the townships of Ypsilanti, Augusta, Pittsfield, Salem, Superior and York, in said county of Washtenaw; they shall have exclusive When exclusive jurisdiction, except in cases where jurisdiction is given by this act to some other court, and within the limits prescribed by law to hear, try and determine all actions and prosecutions for the recovery or enforcing of fines, penalties and forfeitures for violation of this act or any law of this state within the city of Ypsilanti, and for encroachments upon and injuries to any of the streets, alleys and public grounds within the city. They shall have authority to hear, try and determine all suits and prosecutions for the recovery, or enforcing of fines, penalties, forfeitures imposed by the ordinances of the city and to punish offenders for violation of such ordinance as in the ordinances pre- scribed and directed. jurisdiction. fees. Sec. 304. No justice of the peace hereafter elected in said city Not to receive shall receive any fees for his own use, but in lieu thereof shall be paid a salary by said city of sixty dollars per month, payable monthly. Salary. Sec. 305. The common council of said city shall provide a court Court room etc., to be provided. room and a jury room attached for the use of such justice of the peace and his successors to be elected as herein provided, as the same shall be required, and to furnish the same with tables, desk. furniture, fuel, blanks and stationery and such other things as may be necessary to properly carry on and furnish such justice court. how commencˆå. Sec. 306. Prosecutions under the ordinances of the city shall be Prosecutions. commenced and carried on in the name of "The City of Ypsilanti“ etc. and practice in all cases under this act shall, except as herein other- wise provided, be the same, as near as may be, as in cases of like character, cognizable by justices of the peace in townships. Sec. 307. Said justice shall qualify in the manner provided by the Bonds, how general laws of the state, but his official bond shall be presented to approved. 82 CHARTER OF THE [1877. and be approved by the common council of said city before the same shall be filed with the clerk of said county. He shall give such other bonds as the common council may require. Sec. 308. Proceedings in all prosecutions for violations of the Proccedings, same as provided ordinances of said city shall be the same as are now provided by in special char- ter. the special charter of said city, except as herein otherwise provided. Laws controlling proceedings. Sec. 309. Before any civil action or proceeding, except proceedings Amount to be mencement of suits. paid before com- in garnishment, shall be commenced before any justice hereafter elected in said city, there shall be paid to said justice by the party bringing the suit the sum of fifty cents, and before the trial of any such action or proceeding shall be commenced, the further sum of fifty cents, but in case of nonsuit, no judgment fee shall be required, and proceedings in garnishment shall be treated as part of the original case, and no additional fee therefor, as justices' fee, shall be charged up to and including the entry of judgment therein, and the amount so paid shall be in lieu of justice fees and security for costs may be required as under the general laws of the state. When to hold sessions. Sec. 310. All proceedings before such justices of the peace, both in civil and criminal proceedings, in the issuance and service of process, the trials, docket entries and records, the collection and payment of fees and costs, appeals and certiorari and returns thereto, shall be controlled by the general laws of the state applicable thereto, except as herein otherwise provided, but this act shall in no way affect the fees to which said justices may be entitled on performance of marriage ceremonies, taking acknowledgements or administering oaths in matters not connected with any litigation before said justice. Sec. 311. As the terms of office of the justices of the peace in To deliver dock- sor. ets, etc., to succes- said city shall expire, their docket, and the dockets then in their possession, shall be turned over to and delivered to the justice who shall have been last elected under this act, and said justice to whom said docket shall be delivered and his successors in office shall be authorized to issue executions or other process as is now, or may be authorized by law, upon any judgment appearing thereon. Sec. 312. The justices elected under this act shall hold a session of court every day, Sundays and legal holidays excepted, and shall have their court room open at least from nine o'clock a. m, until five o'clock p. m. 1877.] 83 CITY OF YPSILANTI. Sec. 313. In event of the absence or inability of such justice to Absence or ina- act, any qualified justice of the peace of the township of Ypsilanti in act. bility of justice to said county may be called upon to perform the duties of the office. In case of a vacancy in the office of justice of the peace for the said Vacancy in office. city of Ypsilanti, the mayor of the said city, by and with the consent of the common council, shall appoint some person who is duly qualified under the provisions of this act to hold said office, to fill such vacancy until the next annual city election thereafter, at which time the said vacancy shall be filled by election. to be paid to treasurer. Sec. 314. All fines, penalties and forfeitures collected or received When fines, etc., by any justice of the peace for or on account of violations of the penal laws of the state, and all fines, penalties, forfeitures and moneys col- íected or received by such justice for or on account of violations of any of the ordinances of the city, and all fees shall be paid over by such justice to the city treasurer on or before the first Monday of the month next after the collection or receipt thereof, and he shall not be entitled to receive his monthly salary until his account for the preceding month has been fully settled, and also fees and costs shall have been paid over as aforesaid. Sec. 315. Summons may be signed in blank and delivered to at- Summons may be torneys in said city, and the same may be filled up and used by them signed in blank. in all proper cases, and shall have the same force and effect as if filled up said justice. certain fees. Sec. 316. In all prosecutions before said justice for violations of any of the general laws of the state, the county of Washtenaw shall Washtenaw be liable for justice fees and other fees and costs, to the same extent county liable for that it is liable under the general laws of the state for justice fees, and the justice earning such fees shall make out and certify his bill for such fees and present the same to the board of auditors for the said county of Washtenaw at each of its regular sessions and such board shall allow the same as in other cases of bills from justices of the peace, and the amount of the order therefor shall be paid over and delivered by such justice to the city treasurer in the manner herein provided. Sec. 317. All acts and parts of acts relative to justice courts and Repealing clause. justices of the peace within the city of Ypsilanti, inconsistent with this act, are hereby repealed. 84 [1877. CHARTER OF THE 1 Commissioner of parks. COMMISSIONERS OF PARKS. Sec. 318. The commissioners of parks, subject to the general direction of the common council, shall have the care and manage- ment of all public parks within the city of Ypsilanti, and shall have such authority in the care of same as the common council shall by ordinance or resolution ordain. } REVISED ORDINANCES OF THE CITY OF YPSILANTI Printed by Authority of the Common Council. of the City of Ypsilanti. 1905. ORDINANCES OF THE CITY OF YPSILANTI No. 1. An Ordinance to Define the Boundaries and Lines of Huron Street from Cross Street South to an Alley Between Lots 328 and 329. The Common Council of the City of Ypsilanti ordain: Section 1. That the lines of Huron street, from Cross street south to an alley between lots 328 and 329 be, and the same are hereby established pursuant to a survey and plan thereof made by C. S. Woodard, April fifteenth, 1859, and which plan and survey are now on file in the office of the city clerk; and said lines, as established by said plan and survey, shall hereafter be deemed fixed and established pursuant to said survey, as designated by the red lines on said plat. Made and passed by the common council of the city of Ypsilanti, this twentieth day of April, A. D. 1859. C. JOSLIN, Mayor. JOHN MCCREADY, Clerk. No. 2. An Ordinance to Vacate an Alley and Certain Lots in Hunter's Addi- tion to the Village of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section 1. That an alley beginnning on the east line of and between lots 50 and 51, of Hunter's addition to the village of Ypsilanti, and running thence west to the Michigan Central Railroad land, and lots 88 ORDINANCES OF THE [1877. 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, CO, in said addition, be, and the same is hereby vacated. Made and passed in common council, at the city of Ypsilanti, this twenty-ninth day of April, A. D. 1859. C. JOSLIN, Mayor. JOHN MCCREADY, Clerk. No. 3. An Ordinance to Regulate Runners, Peddlers, Draymen, Etc., on the Railroad Premises. Repealed November 3, 1903. See Ordinance No. 81. No. 4. An Ordinance to Change Location of Alley North of Pearl Street. That an alley commencing ten rods north of Pearl street, on the west side of Stuck street, and running from thence, west, parallel with said Pearl street, to the west side of Stuck's addition be and the same is hereby vacated; and that said alley is hereby laid out and established one rod farther south and on the north end of lots 6, 7, 8, 9, 10, 11, 12, 13, in said Stuck's addition to said city of Ypsilanti. Made and passed by the common council of the city of Ypsilanti, this nineteenth day of April, A. D. 1869. J. WILLARD BABBITT, Clerk. PARMENIO DAVIS, Mayor. No. 5. An Ordinance to Punish Drunkenness. The Common Council of the City of Ypsilanti ordain: Section 1. That any person who shall be drunk or intoxicated in any hotel, inn, saloon, or place of public business, or in any assem blage of people collected together in any place for any purpose, or in any street, lane, alley or highway within the corporate limits of the 1877.] CITY OF YPSILANTI. 89 / said city of Ypsilanti, shall, on conviction thereof, be punished by a fine not exceeding twenty-five dollars and the costs of prosecution, and on failing to pay the fine imposed forthwith, shall be imprisoned in the county jail of Washtenaw county or in the Detroit house of correction for a term not exceeding ninety days. Sec. 2. It shall be the duty of the marshal and constables of the said city of Ypsilanti, whenever they shall find any person so drunk or intoxicated, forthwith to arrest such person and bring him before any justice of the peace of said city of Ypsilanti, to be dealt with according to the provisions of this ordinance. Sec. 3. This ordinance shall be published by the city clerk one week in the Ypsilanti Sentinel, and the Ypsilanti Commercial, weekly news- papers published in the said city of Ypsilanti. Made and passed in common council at the city of Ypsilanti, this twenty-sixth day of January, A. D. 1874. WATSON SNYDER, Mayor. CHARLES M. WOODRUFF, City Clerk. No. 6. An Ordinance Relative to the Fees of the Justice of the Peace, of the Constables, When Engaged in Cases for the Violation of the Ordinances of the Said City of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section. 1. For the services mentioned in this ordinance, hereafter done or performed, by the officers hereafter named when engaged in cases for the violation of the ordinances of the said city of Ypsilanti, the fees hereinafter prescribed shall be allowed. FEES OF JUSTICES OF THE PEACE. Sec. 2. The fees of the justices of the peace of the city of Ypsilanti when engaged in cases for the violation of the ordinances of said city, for any services herein specified to be rendered by them respectively, shall be as follows, namely: For a summons, warrant, or venire, fifteen cents; for trying each cause, one dollar for the first day, and for each additional day the sum of one dollar; for entering any cause upon the docket after return of process, twenty-five cents; for making all other entries upon the docket in any cause not otherwise provided for, 9C ORDINANCES OF THE [1877. ¿ twenty-five cents; for each subpoena, not exceeding four, ten cents; for swearing a jury, ten cents; for swearing each witness in a cause, ten cents; for entering every final judgment, twenty-five cents; for every continuance or adjournment at the request of the party, fifteen cents; for drafting any bond or recognizance requisite in any case arising under the ordinances of said city before a justice of the peace, thirty-five cents; for approving any bond or recognizance, ten cents; for reducing to writing the evidence, objections to evidence, and exceptions taken by either party, upon the trial of any cause, ten cents for each folio; for making and filing return upon appeal, one dollar; for taking depositions or confessions, ten cents for each folio; for entering a discontinuance or satisfaction, ten cents; for making returns on special appeal or certiorari, two dollars; and no justice of the peace of the said city of Ypsilanti shall receive any other fees or compensation for any services rendered in any cause arising under the ordinances of the said city, than such as are hereinbefore provided. FEES OF CONSTABLES. Sec. 3. For serving a warrant, fifty cents; for serving a summons, twenty-five cents; for a copy of every summons delivered on request; ten cents; for serving a subpoena, fifteen cents for service upon each witness summoned by him; for serving an execution on the body, or goods and chattels of the defendant, fifty cents; for committing a defendant to prison on execution, fifty cents; for traveling in the service of process, ten cents for each mile necessarily traveled from the place of service to the place of return; for summoning a jury, seventy-five cents; attending upon a jury; fifty cents; for collecting and paying over money on executions, four per cent upon the sunis collected; advertising sale of property, fifty cents; for selling prop- erty, fifty cents; for making arrests without process, under ordinance to prevent drunkenness, fifty cents; for making arrests without process, in all other cases, fifty cents; for every commitment to city lock-up, twenty-five cents; and no constable of the said city of Ypsi- lanti shall receive any other compensation for any services rendered in any cause arising under the ordinances of said city than such as are herein prescribed. Section 4. This ordinance shall be published one week in the Ypsilanti Sentinel and the Ypsilanti Commercial, weekly newspapers published in the said city of Ypsilanti. Made and passed in common council at the city of Ypsilanti, on the fourth day of May, A. D. 1874. WATSON SNYDER, Mayor. CHARLES M. WOODRUFF, City Clerk. D 1877.] 91 CITY OF YPSILANTI. No. 7. An Ordinance Relative to Sidewalks and Gutters. The Common Council of the City of Ypsilanti ordain: ¿ Section 1. That is shall be the duty of the owner or occupant of any lot´or parcel of land in said city to keep the sidewalk adjoining his lot or parcel of land in good repair. Sec. 2. It shall be the duty of the owner or occupant of any lot or parcel of land in said city to keep the gutter adjoining his lot or parcel of land free from all grass, weeds, or other obstructions to the free passage of water. Sec. 3. In case any sidewalk shall become broken, or out of repair, or any obstruction shall have accumulated in any gutter, it shall be the duty of the city marshal to notify either of the aldermen of the ward in which said sidewalk or gutter is located, and such alderman and city marshal shall forthwith notify the owner or occupant of the land adjoining such sidewalk or gutter to cause the same to be repaired or cleaned within two days after the service of said notice. Sec. 4. A notice signed by one of the aldermen of the ward where such sidewalk or gutter is located, and the city marshal, and directed to the owner or occupant of the land adjoining such sidewalk or gutter, and containing a brief statement of the object of such notice, shall be deemed sufficient legal notice under the provisions of this ordinance. Sec. 5. If any person, after having been notified as herein pro- vided, shall neglect or refuse to cause the sidewalk adjoining his prem- ises to be repaired, or the gutter to be cleaned for two days after the service of the said notice, then it shall be the duty of the city marshal to cause the same to be done at the expense of said city, and shall report the costs of the same to the common council of said city, and the common council shall add such expense (not exceeding ten dollars on any lot or piece of land in any year) to the amount of the general tax on said land in the next general assessment rolls of said city. FRANK JOSLIN, City Clerk. Made and passed in common council this twenty-ninth day of May, A. D. 1876. LAMBERT A. BARNES, Mayor. 92 [1877. ORDINANCES OF THE No. 8. N Ordinance Relative to the Sale of Wood.* C The Common Council of the City of Ypsilanti ordain: Section 1. That it shall be lawful for any person or persons to sell or expose for sale any wood, hay, straw, or cornstalks, in any quantity, at any time, in any public street, lane, alley, or other public place whatever, within the limits of the city of Ypsilanti, ex- cept upon the wood market established by the common council of said city. Sec. 2. The city marshal, under the control of the common council of said city, shall have the care and superintendence of said market, and it shall be his duty to enter complaints for any violation of this ordinance. Sec. 3. The wood market shall be kept open every day, (Sunday excepted), from daylight till nine o'clock in the afternoon of each day. Sec. 4. Any person violating any provision of this ordinance shall be punished by a fine not exceeding ten dollars, and on failing forth- with to pay the fine imposed, shall be imprisoned in the jail of Washte- naw county for a term not exceeding ten days. Made and passed in common council this 18th day of December, 1893. To take effect January 1st, 1894. H. R. SCOVILL, Mayor. EMMA J. GARDNER, Deputy Clerk. No. 9. An Ordinance to Prevent Vice and Immorality. The Common Council of the City of Ypsilanti ordain: Section 1. That no retail dealer of spirituous and intoxicating liquors, or of brewed, malt and fermented liquors, within the limits of the city of Ypsilanti, shall employ in his saloon, bar, or place of business, any female, excepting his wife or daughter, as clerk, servant, agent or waiter, or shall suffer any female, excepting as aforesaid, to wait upon his customers, or assist in any manner in the sale of such liquors. *As Amended by the Common Council December 18, 1893. 1877.] CITY OF YPSILANTI. 93 Sec. 2. No proprietor of any saloon, bar or place where spirituous and intoxicating liquors, or brewed, malt and fermented liquors are sold at retail, within the limits of said city, shall suffer any female to be present at, or take part in any game, sport, diversion, theatricals, entertainment, minstrel show, or varieties, had or held in his saloon, bar or place where such liquors are sold, or shall suffer any female, excepting his wife or daughter, to act as servant, or waiter in any room, saloon, bar or place where such liquors are sold. Sec. 3. No female, excepting wife or daughter of the proprietor, shall act as clerk, servant, agent or waiter, or take part in any game, sport, diversion, theatricals, entertainment, minstrel show, or varie- ties, at any place in the city of Ypsilanti, where spirituous, malt or fermented liquors are sold. Sec. 4. Any person violating any provision of this ordinance, shall be punished by a fine of twenty-five dollars, to be imposed by the justice of the peace trying the offender. And on failing to pay said fine forthwith, shall be imprisoned in the Detroit house of correction for the term of ninety days. Sec. 5. This ordinance shall be published by the city clerk one week in the Ypsilanti Commercial. Made and passed in common council at Ypsilanti, this fifteenth day of January, A. D. 1877. LAMBERT A. BARNES, Mayor. FRANK JOSLIN, City Clerk. No. 10. An Ordinance to Provide for Removing Snow and Ice from Sidewalks. The Common Council of the City of Ypsilanti ordain: Section 1. All resident owners of, or the occupant of, any lot or premises in the city of Ypsilanti, shall remove or cause to be removed from the sidewalks in front of, or adjacent to, such lot or premises, before nine o'clock in the forenoon of each day, all snow or ice that may have fallen or accumulated on such walk during the twenty-four hours immediately preceding. Sec. 2. Any person violating the preceding section of this ordi- nance, shall upon conviction, be punished by a fine of five dollars, 94 ORDINANCES OF THE [1877. together with the costs of prosecution. And on failing to pay such fine, and the costs of prosecution, may be imprisoned in the county jail of the county of Washtenaw, for the period of five days, unless such fine and the costs of prosecution be sooner paid. Sec. 3. It is hereby made the duty of the city marshal to make complaint for offenses against the provisions of this ordinance. Any persons other than the officers of the city, may make such complaint, providing that such person shall file security for the payment of the costs of the prosecution in case the defendant is acquitted. Sec. 4. In case the owner or occupant of any lot or premises in said city shall neglect to remove any accumulation of snow or ice from the sidewalk in front of or adjacent to such lot or premises within the time prescribed in section one of this ordinance, then, immediately after the expiration of such time, the city marshal shall cause the same to be removed and keep an accurate account of the expense of the same. The amount of all expenses incurred by the city marshal thereby, with ten per cent added, shall be levied as a special assess- ment upon the lot or premises adjacent to or abutting upon such sidewalk, and the supervisor of the proper district shall assess such amount upon the property chargeable therewith in the next special assessment roll. Sec. 5. It shall be the duty of the city marshal to keep all side- walks adjoining the property of the city, the footwalks across the bridges on Congress street, Cross street and Forest avenue, and all crossings from the outer lines of the streets to the usual beaten carriage way, clear of all snow and ice and to keep a just and accurate account of the expense of the same. Sec. 6. This ordinance shall take effect after the expiration of fifteen days from and after its passage. Sec. 7. This ordinance shall be published once in the Ypsilanti Sentinel, and once in the Ypsilanti Commercial, weekly newspapers, printed and circulated within said city. Made and passed in common council this third day of December, A. D. 1877. Approved December 4th, 1877. Attest: FRANK JOSLIN, City Clerk. L. A. BARNES, Mayor. 1877.] 95 CITY OF YPSILANTI. 3. No. 11. An Ordinance Relative to Throwing Stones, Snowballs, Pieces of Wood, and Other Solid Substances. The Common Council of the City of Ypsilanti ordain: Section 1. No person shall, in any public street or alley, or in any public ground or place in said city, throw or hurl at or towards any building, window, public or private street lamp, or at or toward any person, animal or thing, any ball of snow, a mass of snow packed together, or any piece of ice, or any stone, or any piece or block of wood, or any solid substance whatever. Sec. 2. Any person violating the provisions of this ordinance shall, upon conviction, be punished by a fine of not less than one dollar, nor more than five dollars, together with the costs of prose- cution, and on failing to pay such fine and the costs of prosecution, may be imprisoned in the county jail of the county of Washtenaw for a term of not less than three nor more than thirty days, unless such fine and the costs of prosecution be sooner paid. Sec. 3. This ordinance shall take effect after the expiration of fifteen days from and after its passage. Sec. 4. This ordinance shall be published once in the Ypsilanti Sentinel, and once in the Ypsilanti Commercial, weekly newspapers printed and circulated within said city. Made and passed in common council, this third day of December, A. D. 1877. Approved December 4, 1877. Attest: FRANK JOSLIN, City Clerk. L. A, BARNES, Mayor. 1 No. 12. An Ordinance Relative to the Powers and Duties of Fire Wardens, and for the Prevention of Fires. The Common Council of the City of Ypsilanti ordain: Section 1. The fire wardens of the respective districts shall notice and make complaint of any violation of the laws and ordinances made for the protection of the city from fires, in their own districts par- 96 ORDINANCES OF THE [1877. ticularly, and in the city generally, and shall severally report the state and police of their respective districts, as respects danger from exposure to fires, on the first Mondays of June and December in each year. Sec. 2. It shall be the duties of the fire wardens, or any one of them, twice in each year, in the months of May and November, and as much oftener as they may deem proper, between sunrise and sunset, to enter into any house or building, yard or premises, in the city, and examine the fire places, chimneys, stoves and pipes thereto, and other apparatus likely to cause fire; and also all cellars, rooms, buildings, sheds and structures, where ashes, boxes, paper, straw, shavings or other combustible material, may be lodged, and to give such directions in regard thereto, to the owner or occupant of such premises, either for the removal, alteration, dr better care and management thereof, as they may deem necessary to protect the city from fires, and such directions shall complied with by the person or persons to whom they shall be given, and at the expense of such owner or occupant. Sec. 3. If any person or persons shall neglect or refuse to comply with such directions as either of said fire wardens may give in the premises, or shall obstruct or hinder any fire warden in the performance of his duty, the person so offending shall, upon convic- tion, be punished by a fine not exceeding twenty dollars, together with the costs of prosecution; and in case of any violation of any provision of this ordinance it shall be the duty of the fire warden for the dis- trict in which said violation occurred to make a complaint of said violation. Sec. 4. No pipe of any stove shall be put up or kept up, in any building in said city, unless it be conducted into a chimney made of brick or stone. It shall not be lawful to put the pipe of any stove through any wooden partition, or through any partition made of lath and plaster unless said pipe shall be carried through a good and sufficient metallic ventilator. Any person who shall, after notice from either of the fire wardens of said city, within the limits of said city, put up or procure to be put up the pipe of any stove, or shall suffer the pipe of any stove to remain up, contrary to the provisions of this section, shall, upon conviction, be punished by a fine not less than five dollars nor more than fifty dollars, together with the costs of prosecution. Sec. 5. No person within the limits of said city, shall permit any accumulation of any hay, straw, shavings, empty boxes, paper or other combustible material, in the cellar of any building situated upon CITY OF YPSILANTI. 97 or adjoining the business portion of any public street in said city, nor shall any person within said city, place or keep any empty boxes, cases, barrels or other combustible materials, piled up against or within two rods of any store in said city; Provided, That this section shall not be so construed as to prevent a reasonable time for unpacking goods and the removal of the boxes or packing cases. Any person violating this section shall, upon conviction, be punished by a fine of not less than ten or more than one hundred dollars, together with the costs of prosecution. Sec. 6. No ashes, except at manufactories where ashes are used, shall be kept or deposited in any part of the city, unless the same be in a close and secure metallic or earthern vessel, or brick or stone ash rooms. Any person violating the provisions of this section, shall, upon conviction, be punished by a fine of not less than one dollar and not more than ten dollars, together with the costs of prosecution. Sec. 7. This ordinance shall take effect after the expiration of fifteen days from and after its passage. Sec. S. This ordinance, immediately after its passage, shall be published once in the Ypsilanti Sentinel, and once in the Ypsilanti Commercial, weekly newspapers printed and circulated within the city of Ypsilanti. Sec. 9. Any Offender failing to pay the fine imposed for a viola- tion of any of the provisions of this ordinance and the costs of prose- cution, may be imprisoned in the county jail of the county of Wash- tenaw, for any time not exceeding thirty days, unless payment thereof be sooner made. Made and passed in the common council this eleventh day of February, A. D. 1878. Approved February 11th, 1878. Attest: FRANK JOSLIN, City Clerk. L. A. BARNES, Mayor. No. 13. An Ordinance Prohibiting the Sale of Obscene, Immoral, Indecent and Scandalous Books, Papers or Prints Within the City of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section 1. It shall not be lawful within the city of Ypsilanti for any person, firm or corporation, to print, publish, sell, offer for sale, 98 ORDINANCES OF THE ¡ give away, circulate or distribute any book, pamphlet, ballad, printed paper or other thing containing obscene, immoral, indecent or scan- dalous language, or obscene prints, pictures, figures or description, or articles of advertisements of a scandalous, indecent or immoral nature, tending to the corruption of the morals of the residents of said city, or to introduce into any family, school or place of education, or to buy, procure, receive or have in his possession, any such book, pamphlet, ballad, printed paper or other thing, either for the purpose of sale or exhibition, loan or circulation, or with intent to introduce the same into any family, school or place of education. Sec. 2. Any person who shall violate any of the provisions of this ordinance shall be punished by a fine of not less than ten nor more than one hundred dollars, together with the costs of prosecution, and on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction or the county jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 3. This ordinance shall take effect fifteen days after its passage. Sec. 4. This ordinance, immediately after its passage, shall be published once in the Ypsilanti Sentinel, and once in the Ypsilanti Commercial, weekly newspapers printed and circulated within the city of Ypsilanti. Made and passed in the common council this eleventh day of February, A. D. 1878. Approved February 11th, 1878. Attest: FRANK JOSLIN, City Clerk. L. A. BARNES, Mayor. i No. 14. An Ordinance Regulating the Use of the Public Streets and Other Public Places By Persons Known as "Newsboys" in Plying Their Trade or Business. The Common Council of the City of Ypsilanti, ordain: Section 1. No boy or boys or other persons known as "newsboys," shall ply their trade or business in any of the streets, avenues, parks or other public space within the city without a permit from the city clerk, countersigned by the mayor, as hereinafter provided. CITY OF YPSILANTI. 99 Sec. 2. The city clerk is hereby authorized to grant permits in writing to the class of persons known as "newsboys," to ply their trade or business in the streets, avenues, alleys, parks or other public spaces of this city. No permit granted under this ordinance shall last for a period longer than one year, from the date of the issuing of such permit. Sec. 3. It is hereby made the duty of the city clerk to furnish to each person to whom a permit is granted a number made of tin, or other metal; he shall endorse such number upon such permit, and shall keep correct record of the name of each person to whom a permit is granted, with his place of residence, the trade or business he is permitted to pursue under this ordinance and the number with which he is supplied. He shall collect the sum of twenty-five cents from each person to whom the number herein provided for is issued. Sec. 4. Each person to whom a number is issued under the preceding sections of this ordinance, shall while plying his trade or business, wear said number on the front of his hat or cap or on the breast of his coat, so that the same may be plainly seen. or Sec. 5. The mayor, the city clerk and the common council, or either of them, may revoke the permit herein provided for; and it shall be deemed a sufficient cause for such revocation that the person whose permit has been revoked, has been guilty of using indecent profane language or of committing any act of a disorderly or dishonest nature; and the permit issued any "newsboy" may be revoked as aforesaid, if he shall sell or offer for sale, circulate or deliver or carry, any newspaper, pamphlet, magazine or printed matter within said city, the sale or circulation of which, within said city, may be, or shall have been prohibited by any ordinance, or by a resolution of the common council of said city. Sec. 6. Any person violating any of the provisions of this ordi- nance, shall be punished by a fine, not to exceed two dollars, together with the costs of prosecution, and on failing to pay forthwith such fine and costs, may be imprisoned in the county jail of Washtenaw county, for any term, not exceeding fifteen days, unless payment thereof be sooner made. Sec. 7. This ordinance shall take effect fifteen days after its passage. UorM 100 ORDINANCES OF THE Sec. 8. This ordinance, immediately after its passage, shall be published once in the Ypsilanti Sentinel, and once in the Ypsilanti Commercial, weekly newspapers printed and circulated within the city of Ypsilanti. Made and passed in common council this eleventh day of February, A. D. 1878. Attest: FRANK JOSLIN, City Clerk. L. A. BARNES, Mayor. No. 15. An Ordinance Prescribing the Duties of the Deputy City Marshal, Deputy Clerk, and Special Deputy Marshals. Repealed November 27, 1891. See Ordinance No. 52. No. 16. An Ordinance Relative to Public Pounds and to Animals and Fowls Running at Large. The Common Council of the City of Ypsilanti, ordain: Section 1. There shall be two or more public pounds in the city of Ypsilanti, to be located in such places as may be designated by the common council, and which shall be kept open during the entire year, for the reception of all fowls and animals taken as hereinafter pro- vided. Sec. 2. Pound-masters shall be appointed by the common council, and shall hold their office for the period of one year, subject however to removal at any time, and shall receive for their services the fees hereinafter provided. Sec. 3. No horse, mare, colt, mule, jackass, cow, calf, bull, ox, at heifer, steer, swine, or geese, shall run or be permitted to run, large anywhere within the limits of the city of Ypsilanti, or be tethered, herded, or in anywise pastured in any street or alley in said city, nor shall chickens or fowls of any kind be permitted, from April 15 to November 1 of each and every year, to run at large anywhere within the limits of the city of Ypsilanti.* *As Amended November 22, 1891. A CITY OF YPSILANTI. IOI Sec. 4. It is hereby made the duty of the pound-masters, marshal deputy marshal, special deputy marshals, and constables, and it shall be lawful for any other person of the age of eighteen years and over to take up and convey to one of the public pounds any animals or domestic fowls, running at large or tethered, herded or pastured contrary to the provisions of section three of this ordinance; and for such service the person performing it, shall be entitled to receive the sum of fifty cents for each animal, and twenty-five cents for each fowl, so driven or taken to the pound. Sec. 5. The pound-master shall receive, keep, tend, feed any animal or fowl which may be brought to the pound, under the fore- going provisions. Sec. 6. It shall be lawful for the pound-master to demand and receive as his fee, for taking in each and every such animal or fowl so impounded by virtue of this ordinance, ten cents, which fee, to- gether with the fees for driving such animal or fowl to pound and the charges for keeping and feeding the same therein, (twenty- five cents per day for each animal and ten cents per day for each fowl) shall be paid to the poundmaster, by the owner thereof, or some person for him, before such animal or fowl shall be released from said pound; and if the owner of any such animal or fowl, impounded as aforesaid, shall not pay the aforesaid fees, for driving to pound, taking in, and keeping and feeding the same, within three days after the same were impounded, then it shall be the duty of the city marshal to sell such animal at public vendue, giving three days previous notice thereof by advertisements posted up at the pound where such animal or fowl was impounded, and at the post office; and from the moneys accruing from such sale, to retain the aforesaid fees for the respective parties who may be entitled to the same for the driving to pound, taking in and keeping and feeding such animal or fowl, together with ten per cent upon the avails of such sales for advertising and selling animal, which ten per cent shall belong to said city, and be paid, together with the surplus, into the city treasury, such surplus, how- ever, subject to the order of the common council, who shall upon proof restore the same to the owner of such fowl or animal. Sec. 7. In no case shall the pound master deliver to any person any animal or fowl, lawfully impounded, before receiving the estab- lished fees, except by order of the marshal or any alderman. Sec. 8. No person shall hinder, delay, or interfere with any one who is driving or carrying any animal or fowl to the public pound. 102 ORDINANCES OF THE Sec. 9. No person shall break, or attempt to break, or assist in breaking into any pound. Sec. 10. No person shall take up, drive or carry to the public pound any animal or fowl not legally liable to be impounded. Sec. 11. If any animal or fowl, that may have been lawfully im- pounded, shall escape or be rescued, any pound-master, or the marshal, deputy marshal or any special deputy marshal or constable, may, within seven days thereafter, retake such animal or fowl, and the same may be held and sold, as if no escape or rescue had taken place. Sec. 12. Any person violating any of the provisions of this ordi- nance, shall be punished by a fine of not less than one nor more than ten dollars, together with the costs of prosecution, and on failure to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction or in the county jail of Washtenaw county for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 13. An ordinance entitled "An ordinance relating to animals running at large," made and passed October 7th, 1878, is hereby repealed, such repeal to take effect from and after the twelfth day of July, A. D. 1880. Sec. 14. This ordinance shall take effect on the twelfth day of July, A. D. 1880. Sec. 15. This ordinance, immediately after its passage, shall be published once in the Ypsilanti Commercial, a weekly newspaper printed and circulated within the city of Ypsilanti. Made and passed in common council this twenty-eighth day of June, A. D. 1880. Approved June 29th, 1880. FRANK JOSLIN, City Clerk. Attest: EDWARD P. ALLEN, Mayor. No. 17. An Ordinance Relative to Public Carriages. The Common Council of the City of Ypsilanti, ordain: : Section 1. That no person who is a non-resident of said city of Ypsilanti, shall keep for hire within the limits of said city, any public carriage, cab, hackney-coach, omnibus or other public vehicle, without a license therefor, as hereinafter provided. CITY OF YPSILANTI. 103 Sec. 2. No person who is a non-resident of said city, shall drive or be permitted to drive, any public carriage, cab, hackney-coach, omnibus or other public vehicle, without being licensed therefor as hereinafter provided. Sec. 3. No person shall drive or be permitted to drive any public carriage, cab, hackney-coach, omnibus or other public vehicle, belong- ing to any non resident of said city without being licensed therefor as hereinafter provided. Sec. 4. No person who is a non-resident of said city, unless licensed as an owner or driver as herein provided, shall procure passengers for, or charge or receive any fare for any public conveyance. Sec. 5. The mayor or clerk are hereby authorized to grant licenses for the purpose aforesaid, to any non-resident of the city of Ypsilanti, upon payment into the city treasury, verified by the receipt of the treasurer, to be filed with the clerk, of the sum of two dollars per day for each carriage, cab, hackney-coach, omnibus or other vehicle. Sec. 6. Any violation of, or failure to comply with the provisions of this ordinance, shall be punished by a fine of not less than ten nor more than fifty dollars, together with the costs of prosecution; and on failing to pay forthwith such fine and costs may be imprisoned in the county jail of Washtenaw county, or in the Detroit house of correction. for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 7. This ordinance shall take effect on and after the tenth day of October, A. D. 1881. Attest: Made and passed by the common council at Ypsilanti, this nineteenth day of September, A. D. 1881. Approved September 20th, A. D. 1871. FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor. No. 18. An Ordinance Relative to Official Bonds. The Common Council of the City of Ypsilanti, ordain: Section 1. The official bonds of the officers of the city shall be required in the following named amounts, to-wit: 104 ORDINANCES OF THE City treasurer, in the sum of fifteen thousand dollars. City marshal, in the sum of one thousand dollars. City clerk, in the sum of two hundred dollars. Which bonds shall in all cases be given by said officers before enter- ing upon the duties of their respective offices, and shall be approved by the common council. Sec. 2. The city marshal, before receiving from the city treasurer the tax-rolls for the collection of taxes, shall give an additional bond in such sums as the common council may by resolution require. Sec. 3. This ordinance shall take immediate effect. Made and passed in common council this twentieth day of February, A. D. 1882. Approved February 21st, A. D. 1882. Attest: FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor. No. 19. An Ordinance Relative to the Construction of Sidewalks. Repealed. See Ordinance No. 44, No. 20. An Ordinance Relative to Lamps and Lamp Posts. The Common Council of the City of Ypsilanti, ordain: Section 1. The public lamps and lamp-posts of the city shall be under the supervision of the committee on gas lights. ! Sec. 2. No person shall wilfully, maliciously or negligently, injure, pull down, break, remove, or in any manner deface or injure any public lamp, lamp-post, crotchet gas light within the city of or Ypsilanti. F Sec. 3. No person shall light, or cause to be lighted, or extinguish, or cause to be extinguished, any public lamp or gas light, without being authorized so to do by the common council. fo CITY OF YPSILANTI. 105 > Sec. 4. Any person violating any of the provisions of this ordi- nance shall be punished by a fine not to exceed twenty-five dollars, together with the costs of prosecution, and, on failing to pay forth- with such fine and costs, may be imprisoned in the Detroit house of correction, or in the county jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 5. This ordinance shall take effect on the fourth day of March, A. D. 1882, Made and passed by the common council this twentieth day of February, A. D. 1882. Approved February 21st, 1882. Attest: FRANK JOSLIN, City Clerk. No. 21. H. R. SCOVILL, Mayor. An Ordinance Relative to Railroads. The Common Council of the City of Ypsilanti, ordain: Section 1. The rate of speed of engines and cars on railroads, within the limits of [the] city, shall not exceed six miles per hour; and any engineer, driver or conductor, having charge of an engine, car, or train of cars, upon any railroad in said city, who shall suffer or cause said engine, car or train of cars, to go over said railroad, within said city, at a greater rate of speed than six miles an hour, shall be punished by a fine of not less than five dollars, nor more than fifty dollars, or by imprisonment not to exceed ninety days, or by both said fine and imprisonment, in the discretion of the court. Sec. 2. No engine or cars on railroads, within the limits of the city, shall be stopped and remain upon any street crossing for a longer period than five minutes; and any engineer, driver, or con- ductor, having charge of an engine, car, or train of cars, upon any railroad in said city, who shall suffer or cause said engine, car or train of cars, to stop or be stopped and remain upon any street cross- ing, within said city, for a longer period than five minutes, shall be punished by a fine of not less than five dollars nor more than fifty dollars, or by imprisonment not to exceed ninety days, or by both said fine and imprisonment, in the discretion of the court. 106 ORDINANCES OF THE Sec. 3. No person under the age of twenty-one years, unless he is an employe of the company, shall get on or off any railroad train while in motion, within the limits of the city of Ypsilanti, except at the respective depots of the railroad companies in said city. Sec. 4. Any person violating the provision of section three of this ordinance shall be punished by a fine not exceeding ten dollars and costs, and on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction or the county jail of Washtenaw county, for any term not exceeding thirty days, unless payment thereof be sooner made. Sec. 5. This ordinance shall take effect on the fourth day of March, A. D. 1882. Made and passed in common council, this twentieth day of Febru- ary, A. D. 1882. Approved February 21st, 1882. Attest: FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor. No. 22. An Ordinance Relative to the Public Health. The Common Council of the City of Ypsilanti, ordain: Section 1. The aldermen of each ward whose term of office will soonest expire, together with the health physician, shall be and are hereby constituted a board of health in and for the city of Ypsilanti, and any four of them shall constitute a quorum for the transaction of business. Sec. 2. At their first meeting, which shall be on the second Monday in May of each year, they shall select from their number a president and clerk, who shall hold their offices for the term of one year; and in case of vacancy or temporary absence his place shall be supplied by the election of a president or clerk pro tempore, as the case may be. Séc. 3. The board of health shall meet at the city hall, and after their first meeting, at such time as they may deem proper. CITY OF YPSILANTI. 107 Sec. 4. The clerk of the board of health shall keep regular minutes of their proceedings in books to be provided for that purpose. Sec. 5. The board of health shall have power, and it is hereby made their duty: 1st. To make, and direct to be made, diligent inquiry with respects to all nuisances, of every description, in said city, which or may be, injurious to the public health, and abate the same. are, 2d. To stop, detain and examine, or direct to be stopped, de- tained and examined, every person coming from a place infected with a pestilential or infectious disease, in order to prevent the in- troduction of the same into this city. 3d. To cause any person, not a resident of this city, who is in- fected with any infectious or pestilential disease, to be sent back to the place whence he or she came, or to the pest-house or hospital. 4th. To cause any person, a resident of this city, who is infected with any pestilential or infectious disease, to be removed to the pest-house or hospital, if in the opinion of the board of health, the removal of such person is necessary for the preservation of the public health; Provided, however, that such removal can be effected with safety [to] the patient. 5th. To destroy any furniture, wearing apparel, goods, wares, or merchandise, or articles or property of any kind which shall be ex- posed to or infected with a contagious or infectious disease; Provided, however, that such property before being destroyed shall be appraised by two disinterested persons to be selected by the board of health. 6th. To rent or erect proper houses to be used as pest-houses or hospitals. 7th. To employ such nurses, officers, agents, servants or assistants, and provide the necessary furniture, medicines, articles and neces- saries, for the use of the pest-house or hospitals, and the persons therein confined as may be deemed necessary. 8th. To require the occupant of any dwelling house, store, shop or other building in which there shall be any person sick with small-pox, or varioloid, to put up and maintain in a conspicuous place, on the front of such dwelling-house, store, shop or other building, a card or sign to be furnished by the board, on which shall be written or printed in large letters, the words "small pox," and in case of the neglect or refusal of any person to comply with such requirement, to remove the patient therein to the pest-house or hospital. 108 ORDINANCES OF THE 9th. To exercise a general supervision over the health of the city, and to make, from time to time, such recommendations to the common council as they deem proper, to promote the cleanliness and salubrity of the city. To make and determine the rules of its own proceedings. 10th. 11th. The board of health shall provide and keep on hand a supply of cards marked "small-pox," to be put upon any house in which there may be a person sick of that disease or the varioloid, and such card, upon application, shall be furnished without charge. 12th. Whenever, in their judgment, it shall be necessary for the public health, to at once take possession of any building, factory, hotel, dwelling-house, out-house, premises or grounds, upon which, in their judgment, there exists any nuisance prejudicial to the public health; and if the owner or occupant shall refuse or neglect to forthwith abate such nuisance, in the manner directed by said board, said board may cause the same to be abated forthwith in such manner as they may deem proper. The said board may also, when they deem it requisite for the public health, at once, and by force, if necessary, close up such houses, buildings, hotels and premises, and exclude all occupants therefrom until such nuisance shall be fully abated and the air of such building or premises is thoroughly purified. Any person who shall resist the action of the board, or their agents under this subdivision, shall be liable to the penalties provided for in section fifteen of this chapter. Sec. 6. Every physician, or person acting as such, who shall have a patient sick of the small-pox, varioloid, diphtheria, scarlet fever or other infectious or pestilential disease, shall forthwith report the fact in writing to the president of the board of health, together with the name of the street and number of the house, if any, where such patient is treated; and the president shall report the same at the next meeting of the board, and every keeper, superintendent or person in charge of any pest-house within the corporate limits of the city of Ypsilanti, or any other pest-house under the control of the authori- ties of said city, to which any person, being a city charge, may be brought sick with any infectious or contagious disease, shall at once on the arrival of every such person, give notice thereof in writing to the president of the board of health and to the health physician: Provided, That if the person thus brought to such pest-house is a county charge, the notice herein required shall be given to the county physician, and to the president of the board of health. 1 CITY OF YPSILANTI. 109 Sec. 7. It shall be the duty of the occupants of any dwelling-house or other building in which there shall be small-pox or varioloid, to put up and maintain in a conspicuous place on the front of such building a card, or sign, to be furnished by the board of health, on which shall be written or printed the words "small-pox," and such sign or card shall be kept on such building during all the time any person so diseased shall remain therein, and until permission is ob- tained in writing from the health physician to remove the same. No person shall take down, or remove, injure or deface such card or sign at any time during the time in which the same is required to be kept up and maintained. Sec. 8. All persons having small-pox, varioloid, or other contagious or infectious disease, are hereby required to be kept closely confined within their respective dwellings, or places of abode, and no person who has been confined with such disease, shall leave his or her place of abode, and go about the city, until, in the opinion of the health physician, it can be done without danger of communicating the disease to others. Sec. 9. No person having the small-pox, varioloid or other con- tagious disease shall go about the city. Sec. 10. No person shall bring, or cause to be brought, into the city of Ypsilanti, any person infected with the small-pox, varioloid or other infectious or pestilential disease. Sec. 11. The pest-house and hospitals of the city shall be under the control and direction of the board of health. Sec. 12. No owner, driver, or person in charge of any public hack, carriage or conveyance, shall use, or permit the same to be used for the purpose of conveying the body of any person who has died of the small-pox or varioloid, or any person from any house, building or place, in which any person is sick with, or has within two weeks died of, either of said diseases. Sec. 13. Every physician having a small-pox or varioloid patient, immediately after each and every visit to the same, shall not visit any other patient, except those affected with the small-pox or varioloid, until he has changed his clothing and otherwise disinfected himself; and every undertaker having in charge the body of any person who has died of either of said diseases, immediately after the interment thereof; and any person nursing or taking care of any person sick with either of said diseases, before going upon the streets, shall change his clothes and otherwise disinfect himself. IIO ORDINANCES OF THE Sec. 14. The members of the board of health, excepting the health physician, shall be paid twenty dollars a year for all services rendered by them upon such board. Sec. 15. Any person violating or failing to comply with the pro- visions of this ordinance, or failing or neglecting to comply with any of the requirements of the board of health, shall be punished by a fine not to exceed one hundred dollars, together with the costs of prosecution, and, on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction, or in the county jail of Washtenaw county, for any term not to exceed three months, unless payment thereof be sooner made. Sec. 16. This ordinance shall take effect on the fourth day of March, A. D. 1882. Made and passed in common council this twentieth day of February, A. D. 1882. Approved February 21st, A. D. 1882. Attest: FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor. No. 23. An Ordinance Relative to the Prevention of Small-Pox. The Common Council of the City of Ypsilanti, ordain: Section 1. The keeper of any hotel, tavern, boarding, or other public house, or the owner or occupant of any private house or resi- dence in which any person may be sick with small-pox, varioloid or other infectious disease, or the physician, or person acting as such, who shall have a patient affected with any such infectious disease, shall forthwith report the same to the president of the board of health; and the keeper or keepers of said hotel, tavern, boarding or public house, or the owner or occupant of said private residence as aforesaid, shall thereupon immediately procure, put up and maintain in a conspicuous place on the front of said premises a card or sign with the word small-pox printed thereon in large letters, which card shall not be removed, injured or defaced by any person, and shall remain posted on the premises during all the time any person affected with any infectious disease shall remain therein, and until the taking down of such card is advised in writing by the physician attending such diseased person. +4 CITY OF YPSILANTI. III Sec. 2. It shall be the duty of the keeper of any hotel, tavern, boarding or public house, or the owner or occupant of any private residence, wherein any person may be sick with the small-pox or other infectious disease, to close said public house or private residence, and keep it closed as against all lodgers, customers and persons desiring to visit the same, and prevent the occupants of said public house or private residence from leaving said premises, until such time, as, in the opinion of the attending physician, or the president of the board of health, expressed in writing, all danger of communicat- ing the disease from the said house or residence, or from any of the immates thereof, shall have passed. Provided, That the provisions of this section shall not apply to the physicians or clergymen in attendance upon such sick person or persons. ❞ Sec. 3. Immediately after the termination of a case of small- pox, varioloid, or other infectious disease, by the convalescence or death of the person or persons afflicted, it shall be the duty of the at- tending physician, or in case of no regular physician has been in attendance, then of the health physician, to examine the bedding, clothing and wearing apparel of the convalescent or deceased person, as the case may be, and shall order all such articles to be disinfected by washing or the use of such disinfectants as may be necessary, and to order the destruction by fire of such articles, as in his opinion, cannot be disinfected; and upon request of the owner or other person interested in any articles ordered to be destroyed, he shall first appoint two disinterested persons to appraise the value of the articles condemned, and to render an itemized statement thereof in writing and verified by the affidavit of such appraisers. Sec. 4. It shall be the duty of the physician in attendance on any person or persons sick with any contagious or infectious disease, to give all necessary instructions regarding the thorough ventilation and cleansing of the public house or private residence wherein such person shall be sick, and it shall be the duty of the keeper of such public house or owner or occupant of such private residence to follow the instructions of the physician in attendance, as aforesaid, under the penalty hereinafter provided. Sec. 5. In case of the death of any person from the small-pox, varioloid, or other infectious disease, the body of such deceased person shall not be taken to or inside of any church, public building or any other public place, nor to any private residence or building other than that upon the premises where said death occurred, but said body shall be conveyed to any proper cemetery between the I 12 ORDINANCES OF THE hours of seven o'clock in the evening and seven o'clock of the follow- ing morning, and therein buried, without any public demonstration or public funeral services whatever. Sec. 6. Any person violating any of the provisions of this ordi- nance shall be punished by a fine not exceeding one hundred dollars together with the costs of prosecution, and, on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of cor- rection, or in the county jail of Wastenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 7. This ordinance shall take effect on the fourth day of March, A. D. 1882. Made and passed in common council, this twentieth day of Feb- ruary, A. D. 1882. Approved February 21st, 1882. Attest: FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor. No. 24. An Ordinance Relative to Auctioneers. City of Ypsilanti, ordain: The Common Council of the Section 1. No person shall exercise the business or trade of an auctioneer, or sell property by public auction or outcry, without a license from the mayor or clerk. This section shall not apply to any person selling property by virtue of a legal process, or under a mortgage, nor to sales of the goods, wares, chattels, merchandise, or household furniture of any resident of the city of Ypsilanti, such goods, wares, chattels, merchandise or household furniture having been in actual use by such resident or having been assessed in the city of Ypsilanti in the year in which such sale is made. Sec. 2. The mayor or clerk is authorized to grant a license to any resident of the city of Ypsilanti, of good character, or to any non-resident or transient person of good character, on the conditions prescribed in the following section. Sec. 3. Any resident applying for a license, shall, before the issuing thereof, pay into the city treasury the sum of ten dollars, provided, however, that all such licenses shall terminate on the first X } 113 Monday in June following. If he be a non-resident, he shall, before the issuing of the license, pay the sum of three dollars into the city treasury for each and every day he proposes to sell. CITY OF YPSILANTI. : Sec. 4. No bell or crier shall be used to collect bidders at any auction. Sec. 5. Any person violating any of the provisions of this ordi- nance, shall be punished by a fine of not less than five dollars nor more than twenty-five dollars, together with the costs of prosecution; and on failure to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction or in the county jail of Washtenaw county for any term not exceeding ninety days, unless payment thereof be sooner made. Sec.6. This ordinance shall take effect on the fourth day of March, A. D. 1882. Attest: Made and passed by the common council this twentieth day of February, A. D. 1882. Approved February 21st, 1882. FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor. No. 25. An Ordinance Defining the Duties of the City Attorney. The Common Council of the City of Ypsilanti, ordain: Section 1. That it shall be the duty of the city attorney to draft all bonds to be executed by the officers of this city for the faithful performance of their duties; all deeds, bonds, contracts, and other in- struments, which may be required to be executed by said city in its corporate capacity, and which the city shall be at the expense of drawing. He shall prosecute all suits and actions in behalf of the city, in any court of said city or of this state; he shall institute and conduct all prosecutions for the recovery of all fines, penalties and forfeitures which may accrue for the violation of the ordinances of this city; and defend all actions brought against the same, or any officer thereof in his official capacity, before any court in this city or state. Whenever required he shall render legal advice to the Cita 114 ORDINANCES OF THE common council, or any member or committee thereof, on any sub- ject touching the city government or the interests thereof: Provided, That in all cases where suits are tried, or other business done, outside the county, his expenses shall be paid from the city treasury. Sec. 2. The city attorney shall keep an accurate account of all suits tried, and all other transactions in which he shall be engaged for said city, and which shall result in debit or credit to the treasury thereof, and report the same to the common council of said city at the end of every three months during the term for which he was employed as attorney. Sec. 3. This ordinance shall take immediate effect, Made and passed in common council this twenty-seventh day of February, A. D. 1882. Approved February 28th, A. D. 1882. Attest: FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor. No. 26. An Ordinance Relative to Hawkers and Peddlers. The Common Council of the City of Ypsilanti, ordain: Section 1. No person shall follow the business or occupation of a hawker or peddler of, or sell or peddle goods, wares, merchan- dise, refreshments, fish, or any kind of property or thing, by going about from place to place in the city for the purpose, or from any stand, cart, vehicle, or other device, in the streets or highways within the limits of the city of Ypsilanti, without a license from the mayor or clerk. Sec. 2. The mayor or clerk is hereby authorized to license any person to follow any business or occupation specified in section one of this ordinance, upon payment into the city treasury, verified by the receipt of the treasurer, to be filed with the clerk, of not less than one nor more than twenty dollars for each day, as shall be ordered by said mayor or clerk upon application for such license. Sec. 3. This ordinance is not intended to apply to any farmer selling, or offering for sale the produce of his farm, or any person selling meat from house to house. CITY OF YPSILANTI. 115 } Sec. 4. Any person violating any of the provisions of this ordi- nance shall be punished by a fine of not less than five nor more than twenty-five dollars, together with the costs of prosecution, and, on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction, or in the county jail of Washtenaw county, for a term not exceeding ninety days, unless payment thereof be sooner made. Sec. 5. This ordinance shall take effect on the eleventh day of March, A. D. 1882. Made and passed in common council this twenty-seventh day of February, A. D. 1882. Approved February 28th, 1882. Attest: FRANK JOSLIN, City Clerk. No. 27. H. R. SCOVILL, Mayor. An Ordinance Relative to Cemeteries. The Common Council of the City of Ypsilanti ordain: Section 1. The cemeteries known as Highland, St. John's and Eastern cemetery, are hereby declared to be public burial grounds, and no person or persons, societies or congregations, shall establish any other burying ground within the limits of the city of Ypsilanti. Sec. 2. No interment shall be made in any other place within the city of Ypsilanti than Highland and St. John's cemeteries herein- before named, as burials in other localities are injurious to the public health. Sec. 3. The grave for an adult shall be at least six feet deep; and for a child, at least five feet deep. Sec. 4. No person shall commit any trespass by destroying, injuring or defacing any grave, vault, tombstone, monument, enclosure, build- ing, fence, basin, fountain, bridge, seat, tree, flower, shrub, or other thing belonging to any cemetery. Sec. 5. No vehicle or carriage shall be driven in any cemetery at a greater speed than four miles an hour. 116 ORDINANCES OF THE 1 Sec. 6. No animal shall be left unfastened or allowed to graze or be pastured in any cemetery. Sec. 7. No person shall disturb the quiet and good order of any such place by noise or other improper conduct. Sec. 8. No person shall enter or walk over any lot in any cemetery without the consent of the owner or sexton, nor disturb the soil on said premises without such consent. Sec. 9. No body shall be disinterred in this city without the written consent of the mayor or, in his absence, of the president of the board of health. Sec. 10. Any person violating the provisions of this ordinance shall be punished by a fine not exceeding fifty dollars, together with the costs of prosecution; and on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction, or in the county jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 11. This ordinance shall take effect on the eleventh day of March, A. D. 1882. Made and passed in common council this twenty-seventh day of February, A. D. 1882. Approved February 28th, 1882. Attest: FRANK JOSLIN, City Clerk. No. 28. H. R. SCOVILL, Mayor. An Ordinance Relative to Nuisances. The Common Council of the City of Ypsilanti ordain: Section 1. No person shall, himself or by another, throw, place, deposit or leave in any street, highway, lane, alley, public space or square, any animal or vegetable substance, dead animal, fish, shells, shavings, paper, dirt, rubbish, excrement, filth, ordure, slops, unclean or nauseous water, liquor or gaseous fluids, hay, straw, ashes, cinders, In soot, offal, garbage, swill, or any article or substance whatever. the case of any alley or street where any substance above named shall CITY OF YPSILANTI. 117 ¿ exist, be or have been deposited, it shall be the duty of every owner or occupant of any lot or premises, within twenty-four hours after having been notified by the city marshal or board of health so to do, to remove from the half of such alley or street adjoining such lot or premises all such substance. or Sec. 2. No person shall himself, or by another, discharge out of or from any dwelling house, kitchen or other building, any foul nauseous liquid, water, or other substance, into or upon any highway, street, lane, alley, public space or square, or into any adjacent lot or ground. No person or persons shall permit on his, ner or their premises, within the boundaries of the city of Ypsilanti, or within one-half mile therefrom, of which he, she or they may be the occupant or occupants, agent or agents, a soap or candle factory, or the exercise of any other unwholesome or offensive trade or calling, or suffer any building, sewer, or other things whatsoever, to remain on said premises until, in any manner, the same shall become offensive, hurtful, dangerous, or unwholesome to the neighborhood or travelers. Sec. 3. No person shall keep, place, or have, on or in any building, lot or premises in the city of Ypsilanti, or within one-half mile distant therefrom, any dead carcass, putrid, offensive or unsound beef, pork, fish, hides, skin, bones, horns, stinking or rotten soap, grease, tallow, offal, garbage, or other animal or vegetable matter of [or] substance, which may cause any unwholesome, noisome or offensive smell. Sec. 4. When any dumb animal shall die within the limits of the city of Ypsilanti, the owner or person in possession of it shall, within twelve hours thereafter, cause the carcass to be removed to some place at least one-half mile beyond the city limits. Sec. 5. No owner or occupant of any grocery, cellar, factory, tan- nery, butcher shop, slaughter house, stable, barn, privy, sewer, or other building or place, shall allow any nuisance to exist or remain on his or her premises; nor shall any person, persons or corporation, operating, owning, occupying or using any public or private street, alley way, or any premises whatever, within the limits of the city of Ypsilanti, create or maintain a nuisance thereon. Sec. 6. Amended. See ordinance No. 57. Sec. 7. Amended. See Ordinance No. 57. Sec. S. Hereafter no person shall, himself or by another, post, attach, place, paint or stamp any placard, showbill, or advertisement of any description whatever (except such as may be expressly auth- • 孟 ​118 ORDINANCES OF THE orized by law), on any street, fence, sidewalk, lamp-post, post, box, bridge or building, or on any other public place or object in the city, (except on bill-boards expressly provided and used for such purpose). It shall be the duty of the marshal, deputy marshal and special deputymarshals of said city to see to the enforcement of this section, and to make complaint against any person violating the provisions thereof. Sec. 9. No person or persons shall collect or confine hogs, cows, or cattle, in herd, pen, enclosures, or otherwise, so as to become offensive to his, her or their neighbor or neighbors, in any locality within the limits of the city of Ypsilanti. Sec. 10. No person shall place, deposit, throw, or keep, in the waters of the Huron river, within the city limits, any manure, veg- etables, perishable substance, excrement, carcass, meats, hides, offals, garbage, or any unwholesome or decayed matter whatever. 2 Sec. 11. Any person violating any of the provisions of this ordi- nance shall be punished by a fine not to exceed fifty dollars, together with the costs of prosecution, and on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction, or in the county jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 12. This ordinance shall take effect on the eleventh day of March, A. D. 1882. Attest: Made and passed in common council, this twenty-seventh day of February, A. D. 1882. Approved February 28th, 1882. FRANK JOSLIN, City Clerk. t L H. R. SCOVILL, Mayor. No. 29. An Ordinance to Preserve the Public Peace and to Apprehend and Punish Vagrants, Disorderly Persons, Mendicants, and Drunken Persons. The Common Council of the City of Ypsilanti, ordain: Section 1. All able-bodied persons who, not having visible means of support, are found loitering or rambling about, or lodging or loitering in drinking saloons, tippling houses, beer houses, houses CITY OF YPSILANTI. 119 7 of ill fame, houses of bad repute, sheds or barns, or in the open air, and not giving good account of themselves, or begging in the street or elsewhere, all keepers or exhibitors of any gaming table or device, and all persons who, for the purpose of gaming, or for the purpose of watch stuffing, travel about or go from place to place, and all persons upon whom shall be found any instrument or thing used for the commission of burglary, larceny, or for picking locks or pockets, or anything used for obtaining money under false pretenses, or who carry concealed firearms, dirk-knives, or other deadly weapons, and who cannot give a good account of their possession of the same, and all fortune-tellers, shall be deemed vagrants, and upon conviction thereof, shall be punished by a fine not exceeding fifty dollars, together with the costs of prosecution, and in default of the immediate payment thereof, shall be committed to the Detroit house of correction or the county jail of Washtenaw county until such fine is paid, provided such time of imprisonment shall not exceed the period of ninety days. Sec. 2 Any person or persons who shall make or assist in making any noise, disturbance or improper diversion, or any rout or riot, by which the peace and good order of the neighborhood are disturbed, or shall be guilty of disorderly conduct, shall be punished as here- inafter provided. Sec. 3. No person shall be guilty of using indecent or immoral language, nor be guilty of any indecent or immoral conduct or be- havior, or use any insulting or abusive epithets to any other person, in any public street, lane, alley, square, or space in said city. Sec. 4. All mendicants and drunken persons shall be punished as hereinafter provided. Sec. 5. Any person who shall, by talking, laughing, or otherwise, interrupt the service in any place of Divine worship, shall be punished as hereinafter provided. Sec. 6. Persons shall not collect, stand in crowds, or remain loitering on the sidewalk, or at the corners of the streets, so as to hinder or impede the passage of pedestrians, or in front of any church, or any public hall or place of worship, during service or the gathering or departing of the congregation. Sec. 7. No person shall make any indecent exposure of his or her person in the streets, lanes, alleys, or public places of said city. I 20 ORDINANCES OF THE C Sec. S. No person shall show, sell, or offer for sale, or exhibit any indecent or obscene picture, drawing, engraving, book or pamphlet. Sec. 9. Any violation of the provisions of this ordinance shall be punished by a fine not to exceed fifty dollars, together with the costs of prosecution, and in default of of the immediate payment thereof, the offender may be imprisoned in the Detroit house of correction or in the county jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. → Sec. 10. This ordinance shall take effect on the eleventh day of March, A. D. 1882. Attest: Made and passed in common council this twenty-seventh day of February, A. D. 1882. Approved February 28th, 1882. FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor No. 30. An Ordinance Relating to Disorderly Houses, Gambling Institutions and Bucket Shops. The Common Council of the City of Ypsilanti ordain: Section 1. No person shall keep, within the city of Ypsilanti, any house of ill fame, house of assignation or house for the resort of common prostitutes, or a disorderly saloon, barroom, tavern, beer hall, grocery, theater, room or building for gaming with cards, dice, billiards, nine or ten-pin alleys, wheels of fortune, boxes, machines or other instruments or devices whatever, or shall in any manner contribute to the support, carrying on or keeping of any such house or place. Sec. 2. No person shall knowingly let or lease any house, saloon, bar-room, tavern, theater, store, room or building of any kind to be used as a house of ill-fame, house of assignation, place for the resort of common prostitutes or disorderly characters, or for the purpose of gambling for money or other property, or as a disorderly house, saloon, bar-room, tavren, theater or room, or, knowing his or her house, building or place to be so used, shall willingly permit its further use for any such purpose. CITY OF YPSILANTI. 121 Sec. 3. No person shall keep, carry on or maintain, or aid in keeping, carrying on or maintaining, any lottery, policy, pool or bucket shop or any like scheme or place for drawing or disposing of any money or other property within the city. Sec. 4. No person shall play, participate in, aid or encourage within the ctiy limits any game, gambling, lottery, trick, device or scheme, the purpose of which is to secure or obtain money or other property by chance, fraud or deceit. Sec. 5. Any person who shall violate any of the provisions of this ordinance shall be punished by a fine not exceeding one hundred dollars and costs of prosecution, and in case of failure to pay forth- with such fine and costs may be imprisoned in the Detroit house of correction or in the county jail of the county of Washtenaw until such fine and costs be paid; provided, however, that the term of such imprisonment shall not exceed ninety days. Sec. 6. This ordinance shall take effect on the eleventh day of March, A. D. 1882. Made and passed in the common council this twenty-seventh day of February, A. D. 1882. Approved February 28, 1882. Attest: FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor. No. 31. An Ordinance Relative to the Preservation of Public Property. The Common Council of the City of Ypsilanti ordain: Section 1. No person shall destroy, injure, or in any manner deface the city hall, any school building, fire engine house, fire apparatus, street lamp, lamp-post, or any public building or property 'whatsoever, in the city of Ypsilanti, or the appurtenances, fences, trees or fixtures thereunto belonging or appertaining. Sec. 2. No person shall injure any public reservoir, or break, or enter the same, or throw or deposit any substance therein, or draw off any water therefrom, except in case of fire, or for the use of the fire department, without authority from the common council, the mayor of the city, or chief engineer of the fire department. ORDINANCES OF THE 122 Sec. 3. No person shall destroy, cut or injure, or in any way deface, or hitch any animal or animals of any kind to any shade or ornamental tree standing in any street, avenue, public space or square, in the city of Ypsilanti. This section shall not be construed to pro- hibit any person owning or occupying any lot in front of or adjacent to which there may be any shade or ornamental trees from trimming the same. ... S Sec. 4. No person or persons shall ride or drive any horse or horses, oxen or other animals, on, over or across any bridge in said city, constructed of iron, or of wood and iron combined, faster than a walk, nor drive on, over or across any such bridge, at any one time, more than twenty head of cattle; nor shall any per- sons congregate upon any bridge in this city to exceed fifty in number at any one time; nor shall any person or persons injure, deface or impair any bridge or any part of any bridge or its abutments in said city.* Attest: Sec. 5. Any person violating any of the provisions of this ordinance shall be punished by a fine of not less than five or more than twenty- five dollars, together with the costs of prosecution, and on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction, or in the county jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. ¡ Sec. 6. This ordinance shall take effect on the eleventh day of March, A. D. 1882. Made and passed in common council this twenty-seventh day of February, A. D. 1882. Approved February, 28th, 1882. FRANK JOSLIN, City Clerk. V kad H. R. SCOVILL, Mayor. No. 32. An Ordinance Relative to the Prevention of Fires. The Common Council of the City of Ypsilanti ordain: Section 1. All that portion of the city of Ypsilanti included within the following boundaries shall be constituted and known as the fire limits of the city of Ypsilanti: Commencing on the west bank of the *As Amended October 25, 1886, to take effect November 20, 1886. ! CITY OF YPSILANTI. 123 Huron river, in the center of Cross street, running thence along said center of Cross street, to the center of Adams street; thence south along the center of Adams street to the center of Pearl street; thence west along the center of Pearl street to the center of Hamilton street; thence south along the center of Hamilton street to the center of Michigan street; thence east along the center of Michigan street to the center of Adams street; thence south along the center of Adams street to the center of Woodard street; thence east to the Huron river, thence up the river following the same to the place of beginning; also commencing on the river Huron at a point in a line in the center of Mill street (now called Maple street) projecting westerly, running thence easterly along said line to a point opposite an alley between lots 437 and 438 in Norris addition to the city of Ypsilanti; thence southerly at right angles with Mill (now Maple) street to the south line of North street; thence westerly to the center of River street; thence south along the center of River street to the center of Congress street; thence west to the Huron river; thence up the Huron river following the same to place of beginning.* Sec. 2. No person shall erect or place any building, or part of any building within the fire limits, or make any repairs to, or altera- tions of, or remove any building in the fire limits, without having obtained permission of the common council. Sec. 3. No person or persons shall hereafter erect or place any building within the fire limits of this city, unless the wall of such building so erected shall be made of brick, stone, iron or earth, or unless such building shall be less than nine feet square, and below twelve feet in height, and in no instance shall said last mentioned building be used for a smoke house or receptacle for ashes. Sec.4. No person or persons shall raise or elevate from the ground, any wooden building, now standing within said limits, by constructing thereunder or thereon another story or part of a story, or in any other way, increase the height or size of said wooden building, by placing thereon or thereto any addition made of wood or in any way enlarge any building made of wood, within the said described fire limits. Sec. 5. No person shall remove any building of wood larger than nine feet square and twelve feet high, from one part or section of any lot to any part or section of any other lot within the said fire limits. *As Amended Jan. 8th, 1883, to take effect Feb. 1st, 1883. 124 ORDINANCES OF THE Sec. 6. The two last preceding sections shall not be so constructed as to prevent the common council from granting leave to any person or persons to erect any new building, or to add to or remove any building, now standing within said limits, provided the same shall be granted by a resolution adopted by a two-thirds vote of all members of the common council. Sec. 7. For each and every week in which a building erected, placed, removed or repaired contrary to the provisions of. this or- dinance, shall be allowed to remain, the owner of such building may be complained of as for a distinct offense, and punished as herein- after provided. Sec. 8. Every chimney hereafter erected within the limits of the city, shall be so constructed as to admit of being scraped, brushed or cleansed. Sec. 9. No pipes of any stove, chimney or fire place, shall be put up or used, unless the same shall be conducted into a chimney of stone or brick; and in all cases where stove pipe passes through the wood work of a building, it shall be separated from such wood work at least three inches, by metal or other incombustible material; and all pipes from stoves, or fire places. over fifteen feet in length, shall be riveted together at each joint, and when necessary for safety. shall be supported and stayed by wire. Sec. 10. No person shall use or occupy, within the limits of the city of Ypsilanti, any building for the manufacture of turpentine, camphene, fire-works, or other dangerous or easily inflammable or explosive substances, or for the storage of gun-powder in larger quantities than fifty pounds, or for the storage of fire-works of any description whatever. Sec. 11. No person shall kindle any fire, or furnish the material for any fire. to be made or kindled in any street. alley. or vacant place within the fire limits, unless by tinners, plumbers or other mechanics pursuing a business requiring the use of a fire. Sec. 12. No person shall fire or set off any squib, crackers, gun- powder or fire works, or fire off any gun or pistol in any street, lane, alley, or other public space. or in any yard, public or private, within the limits of the city, unless by written permission from the Mayor; and such permission shall specify the object, and limit the time of such firing: nor shall any person fire a cannon or anvil in either of the public or private spaces hereinbefore mentioned, without having first obtained written permission from the mayor, which permission CITY OF YPSILANTI. 125 + shall only be granted when it shall appear to the satisfaction of the mayor that the firing of said cannon is to be under the supervision of experienced gunners; Provided that save in case of using or firing a gun or pistol, which is expressly prohibited, and the firing of any cannon or anvil which is prohibited, except on permission granted as herein provided, this section shall not be extended to the prohibition of the usual demonstrations on the fourth of July, the twenty-second of February, the seventeenth of March and the first of August; but no such permission from the mayor as herein provided shall be con- strued to incur, on the part of the city, any liability for damages by reason of any accident caused by such firing. Sec. 13. No person, corporation or company shall keep any shop. mill or other building or premises, or carry on any business in the city of Ypsilanti, in such a manner as to endanger said shop, mill, or other building or premises from fire or explosions. Sec. 14. Any person violating any of the provisions of this or- dinance shall be punished by a fine not to exceed one hundred dollars, together with the costs of prosecution, and, on failing to pay forth- with such fine and costs, may be imprisoned in the Detroit house of correction, or in the county jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 15. This ordinance shall take effect on the eleventh day of March, A. D. 1882. Made and passed in common council this twenty-seventh day of February, A. D. 1882. Approved February 28th, 1882. Attest: FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor. No. 33. An Ordinance Relative to Dogs. Repealed. See Ordinance No. 70. 126 CHARTER OF THE No. 34. An Ordinance Relative to Shows, Entertainments and Exhibitions. The Common Council of the City of Ypsilanti ordain: Section 1. No person or persons, company or companies, shall exhibit, in this city, any circus, menagerie, play, game or theatrical exhibition, or give any concert, vocal of instrumental, or exhibit any natural or artificial curiosity, or give any public entertainment of any kind, for which pay is demanded or received, without a license from the mayor or clerk; and for every license granted for any business, object or purpose herein specified, there shall be collected from the person or persons, company or companies receiving the same, as follows: 1st. For a circus or menagerie, twenty-five dollars for the first day upon which an exhibition shall occur, and fifteen dollars for each subsequent day; for a circus and menagerie combined, thirty dollars for the first day upon which any exhibition shall occur, and twenty dollars per day for each subsequent day. 2nd. Upon a license for a play or theatrical exhibition, other than minstrels, three dollars for the first day and two dollars for each succeeding day. 3rd. Upon a license for a minstrel troop, five dollars for the first day and three dollars for each subsequent day. 4th. Upon a license for a concert, vocal or instrumental, or operatic performance, three dollars for the first day and two dollars for each subsequent day. 5th. Upon a license for а. game, or the exhibition of any natural or artifical curiosity, two dollars for the first day and one dollar for each subsequent day. 6th. Upon a license for any public entertainment or amusement not above designated, for which pay is demanded and received, two dollars for the first day and one dollar for each subsequent day.* Sec. 2. The mayor or clerk is hereby authorized to grant licenses for the purposes aforesaid, on the payment of such sum of money as is required for the particular purpose or purposes specified in section one of this ordinance. Sec. 3. This ordinance shall not extend to any exhibition by the pupils of any private or public school, or to any exhibition of painting, *As Amended November 27, 1891. CITY OF YPSILANTI. 127 1 sculpture or fine art, executed by a citizen of Ypsilanti, or to any concert or musical entertainment for the benefit of any church or benevolent object. Sec. 4. It shall be the duty of any person or company receiving a license to keep good order in or about his or their place of amuse- ment or exhibition. Sec. 5. No license shall be deemed issued under the provisions of this ordinance until the amount required for such license shall have been paid to the city treasurer and his receipt therefor filed with the city clerk. Sec. 6. Any person violating any of the provisions of this or- dinance shall be punished by a fine of not less than ten nor more than twenty-five dollars, together with the costs of prosecution; and on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction, or in the jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 7. This ordinance shall take effect on the eleventh day of March, A. D. 1882. Made and passed in common council, this twenty-seventh day of February, A. D. 1882. Approved February 28th, 1882. Attest: FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor. No. 35. An Ordinance to Establish the Line on Which Certain Buildings May Be Erected. The Common Council of the City of Ypsilanti ordain: Section 1. No person shall erect any barn or outbuilding within twenty feet of the line of any street without a permit from the com- mon council. Sec. 2. Any person violating any of the provisions of this ordinance, shall be punished by a fine of not less than three nor more than twenty dollars, together with the costs of prosecution; and on failing 128 ORDINANCES OF THE to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction or in the jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 3. This ordinance shall take effect on the twenty-fourth day of March, A. D. 1882. Made and passed in common council this thirteenth day of March, A. D. 1882. Approved March 14th, 1882. Attest: FRANK JOSLIN, City Clerk. H. R. SCOVILL, Mayor. No. 36. An Ordinance Relative to the Use of Streets and Alleys. The Common Council of the City of Ypsilanti ordain: Section 1. No person shall permit any snow or ice to remain on the sidewalk in front, rear or side of any house, premises, building or lot, owned or occupied by him any longer than twenty-four hours after the same has fallen or formed. And when ice has formed on any sidewalk as aforesaid, such owner or occupant shall, within four hours after the same has formed, cause a sufficient quantity of salt, saw- dust, sand or ashes, to be strewn on the sidewalk, as aforesaid, in such manner as shall render it safe for persons walking thereon. Sec. 2. No person shall remove, or cause to be removed, or aid or assist in removing any building, into, along, or across any street, alley, or any other public space, without permission first obtained from the common council; in granting which provision [permission] the common council shall designate the route to be taken and the time to be occupied in the removal of such building; and while in transit such building shall be so moved as to least obstruct the street and by the route and in time prescribed by the common council, and at no time be left in any street crossing. Any person obtaining any such permission shall file a bond to the satisfaction of the mayor, conditioned that he will pay all damages to private or public property that shall be caused by such removal. Sec. 3. No person shall drive, lead or back any horse, mule, ox, cow or other animal or team, cart or wheel carriage, or draw, push CITY OF YPSILANTI. 129 or otherwise propel any hand-cart, wagon, carriage, velocipede, swill cart or other vehicle, except baby carriages and wheel-barrows, on or along any sidewalk in any public street or other public place in said city.* Sec. 4. No person owning, building, or repairing any house or other building, shall permit any lumber, brick, plaster, mortar, earth, clay, sand, stone, or other material, to remain on the sidewalk after sunset of the day upon which it was placed there, without permission of the mayor. Sec. 5. No person shall obstruct or encumber any public street, alley or other public space, with any article or thing whatever, or encroach upon or permit to remain, or maintain in any street, alley or space, any building, structure or thing owned, occupied or used by him or her. This section shall not be construed to prohibit merchants and other business persons from using and occupying, for a width of three feet, the sidewalk immediately in front of their places of business, on all streets whereon the sidewalks are ten feet or more in width, and for a distance of two feet on all streets where the side- walks are less than ten feet in width, for the purpose of displaying their goods and wares or merchandise, and exhibiting or placing on said spaces their signs, images, bulletin boards, and other insignia of the place or nature of their trade or business; nor shall it be construed to prevent the moving of goods, wares or merchandise across any sidewalk in the way of trade or for the use of families. Sec. 6. No person shall leave any wagon, cart, or other vehicle standing in any street, alley or other public space, without the same is actually in use at the time. Provided, that this section shall not be construed as prohibiting carriage-makers, blacksmiths, inn-keepers, and keepers of livery and lodging stables from temporarily occupy [occupying] the street for the space of six feet immediately in front of the premises occupied by them, with vehicles undergoing imme- diate repairs, or with vehicles from which horses have been unhitched · for the purpose of being shod, or with vehicles of farmers or other persons temporarily lodging with said inn-keeper or keeper of livery stable. Nor shall this section be construed to prohibit draymen, expressmen or other persons from occupying the street or alley for the space of six feet immediately in the rear Or front of the premises occupied by them with such vehicles as are being actually used by them in the prosecution of their several business callings. *As Amended Jan. 8th, 1883, to take effect Feb. 1st, 1883. 130 ORDINANCES OF THE : Sec. 7. No person shall place by himself or another, any stone, timber, lumber, planks, boards, bricks, or other materials, in or upon any street, alley or other public space, except for the purpose of building, and not for that purpose, except under permission first ob- tained from the mayor; and such material shall not be allowed to remain in such street, alley, or other public space, after completion of such building, or for a longer period than three months; and the same shall not be allowed to occupy and obstruct more than one-half of any street or alley, or any portion thereof other than that in front of the lot or premises on which such material is to be used; and after such building has been completed all building material, dirt and rubbish arising therefrom shall be removed without delay; and in cases where such permission is granted, as aforesaid, the person or persons having the same, in cases where the sidewalk is removed or entirely obstructed, shall provide and maintain a temporary sidewalk not less than three feet in width between the line of the lot or premises and such building material. Provided, always, that any permission granted under this section shall not authorize any person or persons to obstruct or in any manner prevent the free passage of surface water through the gutter of any street, alley or other public space in said city. Sec. 8. No person shall leave any horse, mule, oxen, or team, in any street, alley, or public space, without being sufficiently tied; and no person shall halt any wagon, cart, carriage, sleigh or other vehicle, on any crosswalk or footway. Sec. 9. No person shall dig or tear up any pavement, side or crosswalk, or dig any hole, ditch, drain or sewer in any street, alley or other public space, without permission obtained from the mayor; and it shall be the duty of any person digging or tearing up any pavement, side or crosswalk, or digging any hole, ditch, drain or sewer, in any street, alley, or other public space, as speedily as practicable to repair and put the same in as good order and condition as before; and in order to do this such person shall pound down the earth so as to make it firm and solid; and if the earth shall settle, such person shall fill the same from time to time, as may be necessary; and any person digging in any street, alley or other public space, or the con- tractor or Owner or owners of property for whose benefit such digging may be done, for any of the purposes hereinbefore men- tioned, or for any purpose whatever, shall erect and maintain a good and sufficient fence, railing or barrier around such excavation in such manner as to prevent accidents, and to place and keep upon such A CITY OF YPSILANTI. 131 railing, fence or barrier, suitable and sufficient colored lights during the night. Sec. 10. No person shall herd together or detain in any street, alley or other public space, any cattle, horses, hogs, sheep or goats. Sec. 11. No person shall place or put any trough for feeding or watering horses, cattle, or other animals, in any street, alley or other public space. Sec. 12. No person shall keep or maintain on any sidewalk any wagon or stand for the sale of goods, wares or merchandise, vege- tables or fruits, to project more than three feet from the wall of his or her house or store, unless permission is granted in writing therefor by the mayor under the authority of the common council. Sec. 13. No person shall display or detain for exhibition any stud-horse, or bull, in any street, alley or other public place. Sec. 14. No person shall ride or drive any horse, carriage, sleigh or other vehicle, through any street in this city at a faster rate than eight miles an hour. Sec. 15. No person shall erect any balustrade or balcony to extend beyond the line of any sidewalk or street, and less than twelve feet from the ground, without permission first obtained from the common council; and iron braces and railings shall be used in the construction of any such balustrades or balconies, and the same shall not project beyond the line of the sidewalk more than three feet, Sec. 16. It shall not be lawful to gather together in crowds on any sidewalk or in [the] street, so as to obstruct travel therein, or en- cumber the same. Sec. 17. No person shall suspend from any house, shop or store, into or over any street, alley or other public space, any goods, clothes, wares or other articles or substance, so that the same shall extend or project from the wall or front of such building more than three feet. Sec. 18. In no case shall any person owning or controlling any sign permit the same to be or remain in or over any street, alley or public space for more than forty-eight hours after the passage by the common council of a resolution directing the removal thereof; a copy of which resolutions shall be served by the marshal upon such person so owning or controlling such sign. 132 ORDINANCES OF THE Sec. 19. No person shall make or continue any cellar door, win- dows or area, so that the same shall extend more than four feet be- yond the line of any building or lot; and all areas shall be protected by sufficient grating or illuminated pavement. Sec. 20. Every entrance or flight of steps projecting beyond the line of sidewalks, and descending into any cellar or basement stores where such entrance or flight of steps shall be covered, shall be en- closed with good iron railing on each side, permanently put up, not less than three feet wide, with a gate opening inwardly, unless such entrance steps be thoroughly lighted, so as to prevent accidents; and steps and railings shall not occupy more than one-fifth of the width of the sidewalk. Sec. 21. No person shall swim or bathe in the waters of the Huron river, within the city limits, unless such person is suitably attired, and while swimming or bathing conduct himself in a decent, orderly manner, and then only between the hours of eight p. m. and six a. m. Sec. 22. Any cellar or other excavation left uncovered by the burn- ing or removal of the buildings therefrom or otherwise, shall be sur- rounded by the owner or occupant of the premises with a sufficient fence or barrier to prevent accidents. Sec. 23. No person shall indecently expose his or her person, or show, sell of exhibit for sale, any indecent or obscene picture, drawing, engraving, painting, book or pamphlet, or use any indecent or ob- scene language, or give or aid in giving any indecent or obscene exhibition or show of any kind, in the streets or elsewhere in the city. Sec. 24. Hereafter no awning shall be erected over any sidewalk in this city unless permission therefor has been granted by the com- mon council. Sec. 25. No wooden post for the support of any awning, shall hereafter be erected or set up in any street or public space in said city, and all iron posts erected in any street or public space for the purpose of supporting awnings shall be not less than twelve feet in height and be placed on the established line between the sidewalk and street, and no framework used for connecting awning posts with the buildings shall be less than twelve feet above the sidewalk. Pro- vided, however, that cloth or canvas awning may hang within six and a half feet of the sidewalk and not lower. Sec. 26. Any person violating any of the provisions of this ordi- nance shall be punished by a fine not to exceed one hundred dollars, to- CITY OF YPSILANTI. " E + 133 gether with the cost of prosecution, and on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correc- tion, or in the county jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 27. This ordinance shall take effect on the twenty-fourth day of March, A. D. 1882. Made and passed in common March, A. D. 1882. Approved March 14, 1882. Attest: FRANK JOSLIN, City Clerk. council this thirteenth day of H. R. SCOVILL, Mayor. No. 37. An Ordinance Relative to the Fire Department of the City of Ypsilanti. Amended. See Ordinance No. 48. No. 38. An Ordinance to Repeal Certain Ordinances. The Common Council of the City of Ypsilanti ordain: Sec. 1. That the following ordinances, made and passed by the common council of said city, be and the same are hereby repealed, viz: "An Ordinance Relative to License," made and passed May 19, 1858, and all ordinances amendatory thereto; also, "An Ordinance defining the Duties of the City Attorney," made and passed May 24th, 1858; also, "An Ordinance Relative to Streets and Alleys," made and passed May 24th, 1858; also, "An Ordinance Relative to the Observance of the First Day of the week," made and passed May 26th, 1858, and all ordinances amendatory thereto; also, 134 ORDINANCES OF THE "An Ordinance Relative to constructing Plank Walks," made and passed June 2d, 1858, and all ordinances amendatory thereto; also, "An Ordinance Relative to Ball Alleys, Billiards and other Tables," made and passed June 7th, 1858; also, "An Ordinance Relative to Dogs," made and passed June 22d, 1858; also, : "An Ordinance to prevent improper assemblies and profane, vulgar, insulting or abusive language or improper conduct," made and passed June 22d, 1858; also, "Ordinance to Punish Drunkenness," made and passed August 6th, 1858; also, "An Ordinance to Prevent Fires," made and passed November 29th, 1858; also, "An Ordinance to Establish the Line on which Buildings may be Erected," made and passed January 17th, 1859; also, "An Ordinance for the Protection of the Property of Citizens of the City of Ypsilanti," made and passed August 17th, 1859, and all ordi- nances amendatory thereto; also, "An Ordinance to Prohibit the Sale of Diseased or Unwholesome Meats and Vegetables," made and passed September 27th, 1859; also, "An Ordinance to prevent the obstruction of Sidewalks by Snow, Ice, &c.," made and passed December 3d, 1860, and all ordinances amendatory thereto; also, "An Ordinance to Establish and Regulate the Fire Department of the City of Ypsilanti," made and passed February 11th, 1861; also, "An Ordinance to Regulate Public Exhibitions and Entertain- ments," made and passed February 18th, 1861; also, "An Ordinance Relative to the Disinterment of Persons," made and passed June 12th, 1865; also, "An Ordinance for the Protection of Cemeteries," made and passed June 12th, 1865; also, "An Ordinance Relative to Sidewalks," made and passed June 29th, 1866; also, "An Ordinance to Regulate the discharge of Fire-arms, throwing of Fire-balls, or lighting of Bon-fires," made and passed May 28th, 1866; also; CITY OF YPSILANTI. 135 "An Ordinance Relative to Disorderly Houses and Houses of Ill- Fame," made and passed August 12th, 1868; also, "An Ordinance Relative to the protection of Shade and Ornamental Trees," made and passed August 30th, 1868; also, "An Ordinance Relative to City Auctioneer and to regulate the sale of goods at Auction," made and passed November 15th, 1869; also, "An Ordinance for the protection of Iron Bridges in the City of Ypsilanti," made and passed November 15th, 1869; also, "An Ordinance Relative to Tavern Keepers, Inn Holders, Common Victualers and Saloon Keepers," made and passed December 29th, 1873; also, "An Ordinance Relative to the Closing of Saloons, etc., on Election Days," made and passed March 23d, 1874; also, "An Ordinance to forbid the selling of Intoxicating Liquors," made and passed January 26th, 1874; also, "An Ordinance to provide for Removing Snow, Sleet and Ice, from Sidewalks," made and passed November 29th, 1875; also, "An Ordinance Relatives to Public Health, &c.," made and passed June 12th, 1876; also, "An Ordinance Prescribing the Duties of the Heath Physician," made and passed October 7th, 1878; also, "An Ordinance to prohibit the use of Barbed Wire for Fences," made and passed September 19th, 1881; also, "An Ordinance Relative to City Auctioneers, &c.," made and passed September 19th, 1881; also, "An Ordinance Relatives to Disorderly Houses and Houses of Il- fame," made and passed September 19th, 1881; also, "An Ordinance Relative to Public Carriages,” made and passed August 25th, 1879; also, "An Ordinance to Punish Violators of the order of the Board of Health," made and passed October 7th, 1878. Sec. 2. This ordinance shall take immediate effect. Made and passed in common council this thirteenth day of March, A. D. 1882. Approved March 14, 1882. Attest: FRANK JOSLIN, City Clerk, H. R. SCOVILL, Mayor. 136 ORDINANCES OF THE : No. 39. An Ordinance to Amend Section One of An Ordinance Entitled "An Ordinance Relative to the Prevention of Fires," Approved February 28, 1882. The Common Council of the City of Ypsilanti ordain that section one, of an ordinance entitled "An Ordinance Relative to the Prevention of Fires," approved February 28, 1882, be and the same is hereby amended so as to read as follows: Section 1. All that portion of the city of Ypsilanti included within the following boundaries shall be constituted and known as the fire limits of the city of Ypsilanti: Commencing on the west bank of the Huron river, in the center of Cross street, running thence along said center of Cross street to the center of Adams street; thence south along the center of Adams street to the center of Pearl street; thence west along the center of Pearl street to the center of Hamilton street; thence south along the center of Hamilton street to the center of Michigan street; thence east along the center of Michi- gan street to the center of Adams street; thence south along the center of Adams street to the center of Woodard street; thence east to the Huron river; thence up the river following the same to the place of beginning; also commencing on the river Huron at a point in a line in the center of Mill street [now called Maple street], projecting westerly, running thence easterly along said line to a point opposite an alley between lots 437 and 438 in Norris' addition to the city of Ypsilanti, thence southerly at right angles with Mill [now Maple] street to the south line of North street, thence westerly to the center of River street, thence south along the center of River street to the center of Congress street; thence west to the Huron river; thence up the Huron river following the same to the place of beginning. Sec. 2. This ordinance shall take effect on the first day of Feb- ruary, A. D. 1883. Made and passed in common council this 8th day of January, A. D. 1883. Approved January 9th, 1883. Attest: P. W. CARPENTER, City Clerk. H. R. SCOVILL, Mayor. CITY OF YPSILANTI. 137 No. 40. An Ordinance to Amend Section Three of an Ordinance Entitled "An Ordinance Relative to the Use of Streets and Alleys," Approved March, 14, 1882. The Common Council of the City of Ypsilanti ordain: Sec. 1. That section three, of an ordinance entitled "An Ordinance Relative to the use of Streets and Alleys," and approved March 14th, 1882; same is hereby amended so as to read as follows: Sec. 3. No person shall drive, lead or back any horse, mule, ox, cow or other animal or team, cart, or wheeled carriage, or draw, push or otherwise propel any hand-cart, wagon, carriage, velocipede, swill cart or other vehicle except baby carriages and wheelbarrows on or along any sidewalk in any public street or other public place in said city. Sec. 2. This ordinance shall take effect on the first day of Feb- ruary, A. D. 1883. Made and passed in common council this 8th day of January, A. D. 1883. Approved January 9th, 1883. Attest: P. W. CARPENTER, City Clerk. H. R. SCOVILL, Mayor. No. 41. An Ordinance to Govern Railroad Crossings. The Common Council of the City of Ypsilanti ordain: Section 1. It shall be the duty of all persons or corporations operating railroads which pass through or enter the city, to keep flagmen or watchmen at all railroad crossings of streets therein; to give warning of the approach and passage of trains thereat; and to light such crossings during the night; provided, however, that this section shall only be operative on and after six days from the date of the service upon such person or corporation, or upon their or its, or upon any of their or its station agents, conductors of trains, or engineers in charge of locomotive engines, of a copy of a resolution of said common council ordering the performance by said persons or corporations of the above requirements; and Provided further that 138 ORDINANCES OF THE P the several requirements of this section shall be operative only so far as shall be indicated by such resolutions of the common council. Sec. 2. Any person or corporation operating railroads, violating any of the provisions of section one of this ordinance shall forfeit the sum of one hundred dollars and costs, which may be recovered in an action of debt before any justice of the peace of said city. Sec. 3. This ordinance shall take effect from and after May 1st, A. D. 1885. Made and passed in common council this 20th day of April, 1885, Approved April 21st, 1885. Attest: FRANK JOSLIN, City Clerk. No. 42. An Ordinance Relative to the Amendment of An Ordinance Entitled "An Ordinance Relative to the Preservation of Public Property." The Common Council of the City of Ypsilanti ordain: Section 1. That section four of ordinance number thirty-one, being "An Ordinance Relative to the Preservation of Public Property," be and the same is hereby amended so as to read as follows: Sec. 5. No person or persons shall ride or drive any horse or horses, oxen or other animals on, over or across any bridge in said city. constructed or iron, or of wood and iron combined, faster than a walk; nor drive on, over or across any such bridge at any one time more than twenty head of cattle; nor shall any persons congregate upon any bridge in this city to exceed fifty in number at any one time; nor shall any person or persons injure, deface or impair any bridge, or any part of any bridge or its abutments, in said city. CHESTER L. YOST, Mayor. • Sec. 2. This ordinance shall take effect on the 20th day of No- vember, A. D. 1886. Attest: FRANK JOSLYN, City Clerk. Made and passed in common council this 25th day of October, A. D. 1886. Approved October 28, 1886. CLARK CORNWELL, Mayor. CITY OF YPSILANTI. 139 No. 43. An Ordinance Relative to the Preservation of Public Property. The Common Council of the City of Ypsilanti ordain: Section 1. No person, except one authorized by the common council so to do, shall climb upon or ascend, in any degree, any electric tower, pole, or mast arm whatsoever, in the city of Ypsilanti. Sec. 2. No person shall destroy, injure, or in any manner deface any electric tower, pole, or mast arm whatsoever, in the city of Ypsi- lanti, or the wires or appurtances appertaining to the electric light system in the said city of Ypsilanti. Sec. 3. Any person violating any of the provisions of this ordi- nance shall be punished by a fine of not more than ten dollars, to- gether with the costs of prosecution, and on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correc- tion or in the county jail of Washtenaw county, for any term not exceeding thirty days, unless payment thereof be sooner made. Sec. 4. This ordinance shall take effect on the 17th day of October, A. D. 1887. Made and passed in common council this 3rd day of October, 1887. Approved. Attest: FRANK JOSLYN, City Clerk. 19 CLARK CORNWELL, Mayor. No. 44. An Ordinance Relative to the Construction of Sidewalks, and to Re. peal Ordinance No. 19, Entitled, "An Ordinance Relative To the Construction of Sidewalks," Made and Passed in Common Council the Twentieth Day of February, 1882. Repealed. See Ordinance No. 79. 140 ORDINANCES OF THE No. 45. An Ordinance Relative to Numbering Buildings and Spaces Fronting On Public Thoroughfares in the City of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section 1. Each frontage of 33 feet on all streets in the city of Ypsilanti, and fractions over 122 feet, shall be allotted a number; such number to be put up only in case the building now or hereafter erected or put thereon, shall have an entrance, or the greater part thereof, within such frontage. Sec. 2. The numbering shall commence at Congress street for all streets running northerly or southerly from Congress street and in case such street does not cross or commence at Congress street the numbering shall commence at the terminal point of such street nearest Congress street, but with a number, however, which shall correspond with the numbering of streets which cross or commence at Congress street. Sec. 3. The numbering shall commence at the Huron river for all streets running easterly or westerly from the river; and in case such street does not cross or commence at the river, the numbering shall commence at the terminal point of such street nearest the river, but with a number however, which shall correspond with the number- ing of streets which cross or commence at the river. Sec. 4. The numbering shall commence on the left at the initial point as provided by sections 2 and 3 of this ordinance (at the river and at Congress street with the number 1) and continue through the block at which the numbering commences with consecutive numbers, having the odd numbers on the left and even numbers on the right; and where in the course of such numbering a street is met on one side only, the consecutive numbering shall be continued opposite such street entrance only until the street so met shall be passed. Sec. 5. A block shall be considered as embracing all the frontage from the river to a street or from one street to another (and in the cases hereinafter mentioned from a street to an alley or from one alley to another) subject to the following provisions: Provided, however, that all the spaces numbering from the river to Huron street, or from the river to River street, shall be considered as single blocks. CITY OF YPSILANTI. 141 And provided, further, that the numbers for all streets numbering west- erly from the river, shall be governed by, and correspond with the numbers on Cross street; that Congress street east of the river shall have the governing numbers for all streets numbering easterly from the river (the alley extending south from Lincoln street and crossing Congress street being considered as a street); that Hamilton street south of Congress street shall have the governing numbers for all streets numbering southerly from Congress street west of the river: that Hamilton street from Congress street to Forest avenue, and Lowell street north of Forest avenue shall have the governing numbers for all streets numbering northerly from Congress street west of the river; that Grove street south of Congress street shall have the governing numbers for all streets numbering southerly from Congress street east of the river; and that River street north of Congress street shall have the governing numbers for all streets numbering northerly from Congress street east of the river. And provided further, that in all cases where streets are not intersected by streets which intersect or enter those having the governing numbers, the frontage on the street not so intersected shall be divided by the center lines of such non-intersecting streets extended; and the center lines so extended shall be considered as streets for the purposes of numbering under this ordinance, except that in case a center line so extended shall run on or near the line of an alley or other street, such alley or other street shall be con- sidered such center line. Sec. 6. Commencing at the initial points at the river and at Congress street, the first 33 feet frontage on the left shall be number one; the 33 feet frontage opposite number one shall be number two, and so on through the first block. The next block shall be numbered in the same manner as the first, except that 100 shall be added to each number therein; the third block to be numbered in the same manner as the second, except that another 100 shall be added to each number in such block, and so on adding another 100 for each block as the numbering progresses. Provided, however, that in cases of single holdings or occupancies having a frontage of less that 33 feet and exceeding 12% feet, they shall be entitled to a full number, and that all single holdings or occupancies of 12 feet or less shall be entitled to and shall have a half or other fractional fractional number. Provided further, that if any holding entitled to a whole number shall be divided into two or more ground floor occupancies, the widest (or in case they are equal, the first met) shall have a whole number, and the others half or other fractional numbers. 142 ORDINANCES OF THE Sec. 7. All numbers used shall be not less than 24 inches high and 14 inches wide, of metal, or painted on metal or glass, and put in a conspicuous place, on or over the entrance entitled under the ordinance to such numbering; and all numbers furnished by the city to be of the same uniform pattern. Sec. 8. All numbers shall in the first instance be prepared and put up by, and at the expense of the city, provided the building or buildings to be so numbered shall be fitted for occupancy on or be- fore the first day of May, 1888. Sec. 9. The owner or occupant of any building fitted for occu- pancy after May 1, 1889, coming within the provisions of section one of this ordinance, shall, upon notification by the city marshal, cause such building to be numbered as provided by this ordinance; and all numbering after said first day of May shall be maintained by the owner and occupant of the building as herein provided. Sec. 10. The word street or streets as used in this ordinance shall be considered as embracing both streets and avenues. Sec. 11. Any owner or occupant of any building entitled to a number as herein provided, who shall neglect or refuse for ten days after notification by the city marshal to affix or maintain the number of such building in the manner prescribed by this ordinance, shall be punished by a fine of one dollar for every 24 hours neglect or refusal so to affix or maintain such number, together with the costs of prosecution; and on failing to pay forthwith such fine and costs, may be imprisoned in the county jail not exceeding five days. Sec. 12. This ordinance shall take effect from and after the 20th day of April, 1889. Sec. 13. All ordinances or parts of ordinances contravening any of the provisions of this ordinance are hereby repealed. Made and passed in common council the 9th day of April, A. D. 1889. Approved April, 1889. Attest: FRANK JOSLYN, City Clerk. F. P. BOGARDUS, Mayor. TH 1 * CITY OF YPSILANTI. No. 46. An Ordinance to Establish a Board of Water Commissioners in the City of Ypsilanti, County of Washtenaw and State of Michigan,. Defining Their Powers and Duties. Repealed. See Ordinance No. 54. 143 No. 47. An Ordinance Relative to the Names of Certain Streets. The Common Council of the City of Ypsilanti, ordain: Section 1. That the names of all streets running south from and crossing Congress street be and the same are hereby changed by adding the word South. Sec. 2. That the names of all streets running east from and cross- ing the Huron river be and the same are hereby changed by adding the word East. Sec. 3. That the street running from Factory street to Stewart street, along the water works property, be and the same is hereby named Race street. Sec. 4. That the first street north of Cross street, running east from the Michigan Central R. R. to the city limits, heretofore known as Mill street and Helen street, be and the same is hereby changed to Maple street, by which name it will be hereafter known. Sec. 5. That Forest avenue east of Huron river be and the same is hereby named Forest avenue east. Sec. 6. That the street running south from Parsons street to South street, between Grove and Park streets, be and the same is hereby named Farmer street. Sec. 7. That the street running west from Grove street to Park street, between Congress street and South street, be and the same is hereby named Parsons street, and considered an extension of Parsons street. Made and passed in common council this 21st day of October, A. D. 1889. Approved October 21, 1889. Attest: FRANK JOSLYN, City Clerk. DANIEL PUTNAM, Mayor. el M 144 ORDINANCES OF THE No. 48. An Ordinance Governing the Fire Department of the City of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section 1. The fire department of the city shall consist of a chief engineer, and as many companies as the common council shall from time to time direct. Each company shall have one captain and one lieutenant, and not less than six nor more than twenty men to be recommended by the chief engineer, and appointed by the common council. Sec. 2. The chief engineer, officers, firemen and employes of the department shall receive such compensation as the common council may prescribe. Sec. 3. The chief engineer shall in all cases of fire have the absolute control of the fire department, and shall perform such other duties as shall from time to time be required of him by the common council. In the absence-of the chief engineer the captain of hose Co. No. 1 shall perform his duties, and in his absence captain of hose Co. No. 2 shall perform the duties of chief. Sec. 4. Any person who shall willfully or knowingly raise or circulate any false alarm of fire, shall be punished as hereinafter prescribed. Sec. 5. No person shall cross or run over any unprotected hose with any vehicle while the hose shall be in use, anywhere in the city of Ypsilanti, by the fire department. Any one violating the pro- visions of this section shall be punished as hereinafter prescribed. Sec. 6. It shall be the duty of the chief engineer, upon an alarm of fire, to repair immediately to the place where the fire may be, and upon the arrival of the companies to locate the same, through the captain in charge, and to direct such measures as he may deem most proper and expedient for the speedy extinguishment of the fire and the preservation of surrounding property. He shall also in the month of April in each year, report to the common council all accidents by fire that may happen in the city, with the cause thereof, as near as can be ascertained, the number and description of buildings destroyed or injured, the owners or occupants thereof, the estimated loss of property at each fire, the amount of insurance thereon, and the loss over the insurance. ن → > CITY OF YPSILANTI. 145 Sec. 7. No person shall at any fire willfully resist, hinder or obstruct any officer or other person in the discharge of his duties at such fire, or willfully injure any hose or apparatus belonging to the fire department. Sec. 8. It shall be the duty of all members of any company, upon an alarm of, or the breaking out of any fire in said city, to repair immediately to their respective fire apparatus and convey the same to the place where such fire is, and under the direction of the chief engineer and their several officers to work and manage their apparatus belonging thereto for the extinguishment of the fire, and not remove therefrom but by the direction of the chief engineer, and when so directed they shall return with their apparatus to their several places of deposit, and as soon thereafter as may be, wash, clean and properly care for the same. Sec. 9. The marshal, deputy marshal, special deputy marshal, other police officers, and every constable in said city shall repair immediately, on the alarm of fire, to the place where the fire may be, and report himself to the officer in command, or any member of the common council present, and aid and assist as well in extinguishing the fire as in preventing any goods or property from being stolen or injured, and in protecting, removing, and securing the same; they shall also aid in the preservation of the public peace and in the arrest or removal of any idle and suspected persons, and no such officer shall neglect or refuse to obey any lawful order of the mayor or any mem- ber of the common council, or officer in command of any fire. Sec. 10. Any company or any person present at a fire shall, when so directed by the chief engineer, or the acting chief engineer, and the mayor or two members of the common council, cut or pull down and remove any building, fence or other erection, for the purpose of checking the progress of the fire. Sec. 11. In all respects, not especially herein provided for, the fire department of the city shall be governed by the rules and regu- lations of the fire department as adopted by the common council, and as the same may be amended or revised from time to time by the common council. Sec. 12. Any person who shall violate any provisions of sections four, five and seven of this ordinance shall be punished by a fine not exceeding ten dollars, together with the costs of prosecution, and, on failing to pay forthwith such fine and costs, may be imprisoned in the Dtroit house of correction or the county jail of Washtenaw county, for any term not exceeding thirty days, unless payment thereof be sooner made. 146 CHARTER OF THE Sec. 13. All ordinances or parts of ordinances heretofore passed, inconsistent herewith, are hereby repealed. Sec. 14. This ordinance shall take effect on the 18th day of November, A. D. 1889. Made and passed in the common council this fourth day of No- vember, 1889. Approved November 5, 1889. Attest: FRANK JOSLYN, City Clerk. DANIEL PUTNAM, Mayor. No. 49. An Ordinance Relative to the Construction and Maintaining of Street Railways in Ypsilanti City. Repealed. See Ordinance No. 62. No. 50. An Ordinance Relative to Non-Resident Merchants. Repealed. See Ordinances 58 and 59. No. 51. An Ordinance Relative to the Closing of Saloons, Bar-rooms, and All Other Rooms or Places Where Intoxicating Liquors Are Sold, Upon Sundays, Holidays, Election Days, and During Certain Hours on All Other Days of the Week. The Common Council of the City of Ypsilanti ordain: Section 1. That all saloons, bar-rooms and all other rooms or places within the limits of said city of Ypsilanti, where any spirituous and intoxicating, malt, brewed, or fermented or vinous liquors are sold or kept for sale, either at wholesale or retail, shall be closed on the first day of the week, commonly called Sun- day, on all election days, on all legal holidays, and until six o'clock of the following morning, and on each week day night from And after the hour of 10:30 o'clock p. m., until six o'clock of the CITY OF YPSILANTI. 147 : morning of the succeeding day. The word closed in this ordinance shall be construed to mean and apply to the back door or other entrances as well as to the front door, and in prosecution under this ordinance it shall not be necessary to prove that any liquor was sold. Sec. 2. No person by himself, his clerk, agent or servant, shall keep, permit or suffer his saloon, bar-room, or other place or room where any liquors mentioned in section one of this ordinance are kept for sale, to be open on any of the days or hours named in said section one. Sec. 3. The penal provision of this ordinance shall not apply to druggists who sell liquors for chemical, scientific, scientific, medicinal, mechanical or sacramental purposes only, and in strict compliance with section 3 of Act No. 313 of the public acts of 1887 of the State of Michigan, which act was entitled, "An Act to provide for the taxa- tion and regulation of the business of manufacturing, selling, keeping for sale, furnishing, giving or delivering spirituous and intoxicating liquors, and malt, brewed or fermented liquors, and vinous liquors in this State, and to repeal all acts or parts of acts inconsistent with the provisions of this act." In case druggists do not comply with the provisions of said Act No. 313, the provisions shall apply to them. Sec. 4. It shall be the duty of constables, marshals, and public officers of said city of Ypsilanti, to close all saloons, houses or places that shall be found open in violation of the provisions of this ordi- nance, and to report forthwith all such violations to the mayor or the acting mayor, whose duty it shall be to prosecute or order prosecu- tion immediately for such violation. Sec. 5. Any person or persons violating any of the provisions of this ordinance shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, together with the costs of prosecution, and on falling to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction or in the county jail of Washtenaw county for any term not exceeding ninety days, unless payment of the fine imposed and all costs of prosecution thereof be sooner made. Sec. 6. This ordinance shall take effect on the fifteenth day of December, 1891. Made and passed in common council this 27th day of November, 1891. Approved November 28, 1891. Attest: GEO, A. COOK, City Clerk H. P. GLOVER, Mayor, 148 ORDINANCES OF THE į No. 52. An Ordinance Prescribing the Duties of the Marshal, Deputy Marshal, Special Deputy Marshals or Police, and Deputy City Clerk. The Common Council of the City of Ypsilanti ordain: Section 1. The city marshal shall be the chief of police, shall do and perform all duties and shall have the same powers as are conferred by Sections 54, 55, 56, 57, and 58 of the charter of the city of Ypsilanti, and shall do and perform all other duties prescribed therein, as well as all legitimate duties imposed by ordinance or resolution of the common council, or by the mayor of said city. Sec. 2. The deputy marshal, special deputy marshals, properly appointed policemen or special police, shall have the same powers and do and perform the same duties incumbent upon the city marshal, by virtue of the charter or ordinances of said city, or by the lawful order of the mayor, chief of police, or the common council of said city, except being the chief of police, collecting of taxes, or acting as superintendent of the poor. Sec. 3. The marshal, deputy marshals, or policemen, while on duty, shall not loaf, lounge, or loiter in saloons, billiard rooms, bowling alleys, card rooms, or other places of resort, idling away their time, and for violation of this section, or other flagrant dereliction of duty, may be summarily removed from office, as provided in the charter of said city of Ypsilanti. Sec. 4. It shall be the duty of the deputy clerk, in case of the absence, death, or inability to serve of the city clerk, to perform all the duties incumbent upon the city clerk, by virtue of the charter or ordinances of said city. Attest: Sec. 5. An ordinance prescribing the duties of the deputy city marshal, deputy clerk, and special deputy marshals, made and passed in the common council of the city of Ypsilanti, the 7th day of October, A. D. 1878, is hereby repealed. Sec. 6. This ordinance shall take effect from and after its passage. Made and passed in common council of the city of Ypsilanti this 27th day of November, 1891. GEO. A. COOK, City Clerk. H. P. GLOVER, Mayor. CITY OF YPSILANTI. 149 No. 53. 'An Ordinance Relative to the Observance of the First Day of the Week Commonly Called Sunday. The Common Council of the City of Ypsilanti ordain: Section 1. No person shall keep open his shop, ware-house, or workhouse, except only for works of necessity and charity, on the first day of the week commonly called Sunday, nor be present at any dancing or any public diversion, show or entertainment, or take part in any sport, game or play within the limits of the city of Ypsilanti on the said first day of the week. Sec. 2. No saloon, bar, billiard room, bowling alley, card room or cigar store, shall be kept open on the said first day of the week, and no person shall on said day abide or remain in said house, room or place, or in the buildings, yards, orchards or fields appertaining to the same, drinking or spending their time idly or at play, nor shall any person be present at any public assembly, excepting meetings for religious worship or moral instruction, or concert of sacred music, on said first day of the week. Sec. 3. No person shall by talking, laughing, or otherwise interrupt the service of divine worship, nor shall stand or remain loitering on the sidewalk, steps, entrance or vestibule in front of or in any church, public hall or place of worship during the service or the gathering or departing of the congregation therein. Sec. 4. No person shall disturb the quiet and good order of said day by creating any unnecessary noise, or by rude and boisterous conduct, or by using profane, vulgar or indecent language, or by furious riding, driving, or shouting in the streets, or other places within the limits of the city up said first day of the week. Sec. 5. For the purpose of the provisions of this ordinance, the first day of the week shall be understood to include all the time between the midnight preceding and the midnight following the said day. Sec. 6. Any person who shall violate any of the provisions of this ordinance shall be punished by a fine not exceeding ten dollars, together with the costs of prosecution, and on failing to pay forthwith such fine and cost, may be imprisoned in the Detroit house of correc- tion or the county jail of Washtenaw county for any term not ex- ceeding ninety days, unless payment thereof be sooner made. * 150 ORDINANCES OF THE Sec. 7. This ordinance shall take effect on the fifteenth day of December, 1891. Made and passed in the common council of the city of Ypsilanti, the twenty-seventh day of November, 1891. Approved November 28, 1891. Attest: GEO. A. COOK, City Clerk. H. P. GLOVER, Mayor. No. 54. An Ordinance Defining the Duties of the Commissioners of Public Works. The Common Council of the City of Ypsilanti ordain: Sec. 1. The commissioners of public works shall have power to make and adopt all such by-laws and regulations, to be approved by the common council, as they shall deem necessary and expedient for the conduct of its business and for the interests of the water works, electric lights, sewers, parks and such other public property of said city as may be put in their charge by the common council, and to appoint such officers and assistants as may be necessary for the proper conducting of the above named public improvements and property, and to prescribe and define the duties thereof, and the salary and compensation of each, and the said commissioners shall control, regulate and supervise the construction of the same and from time to time the repairing thereof, but all powers herein granted by this ordinance to said commissioners shall be subject to the approval of the common council. Sec. 2. Said commissioners shall have power subject to the pro- visions of law in the statute provided, to construct, repair, and maintain reservoirs, buildings, machinery, jets and fountains at such localities in said city as the common council shall deem expedient and shall direct, and lay and repair water mains and pipes in and through all the streets, alleys and public places in said city, for the purpose of furnishing a supply of water for public and private use in said city, and control, regulate and supervise the same. Sec. 3. The construction and repairing of any public work of said city, or any work connected therewith, except ordinary repairs, shall be done by said commissioners, by letting a contract to the lowest bidder therefor, or in such other manner as may be approved by the common council. CITY OF YPSILANTI. 151 Sec. 4. The said commissioners shall fix and assess the water rates to be paid for having using water from said works. Such rates shall be based as near as may be upon the water consumed and used by the owner or occupant of each house, building or lot using water. Sec. 5. The owner or occupant of the lot or premises against which such water rates shall be assessed shall pay the same to the city clerk, ex-officio clerk of said commissioners of public works, in advance, on the first days of May and November in each year, except at the commencement of the taking and using of such water, when the advance payment shall be from such commencement to the fol- lowing first day of May or November, as the case may be; and in case of any default in such payment, and within thirty days from the day the same shall become due and payable, the said board may collect the same by a suit at law before any court of competent jurisdiction, together with the costs and expenses of said suit, and may shut off the water until the same is paid, said suit to be brought in the name of the city of Ypsilanti. Sec. 6. The city clerk of said city may be ex-officio clerk of said commissioners, and acting under the directions of said commissioners, shall keep a record book in which he shall record the proceedings of said commissioners, and keep all other books and blanks for a full and complete account of all the transactions of the said com- missioners in connection with all public improvements and property under its control. Sec. 7. The said commissioners of public works and their agents and servants may enter upon any public or private land or water either within or without said city for the purpose of making all neces- sary surveys and for maintaining their pipes, aqueducts and other works, or doing any other act necessary to carry into effect the plans and purposes of all public improvements of said city. The commissioners may agree with all persons interested in private property as to the compensation to be paid for taking and making use of the same for the public use or benefit by said commissioners. And in case no agree- ment can be entered into, the commissioners shall report the facts to the common council, together with a description of the property necessary to be taken, and the purposes for which it is to be used, and thereupon the common council may direct the city attorney to institute the necessary proceedings in the proper court to condemn said property for such uses according to law. Sec. S. The said commissioners of public works are also hereby authorized to enter into and make arrangements to supply any person 152 ORDINANCES OF THE or parties who may put down mains, pipes and hydrants with water from said water works mains and pipes under their control, and all persons who desire sewerage, at such prices and upon such terms and conditions as may be mutually agreed therefor. Provided that all distributing pipes through which any water shall be supplied by said commissioners, or which shall be used for the purpose of sewerage, shall be subject to the rules, regulations and control of said com- missioners, and form a part of the system of distributing pipes. They shall also have such other and further powers and rights not herein granted as are given to boards of public works by the general laws of this state, and as are not inconsistent with the powers and rights herein granted. Sec. 9. If any person or persons shall willfully do or cause to be done any act whereby any work, materials or property whatsoever erected or used within or without the city of Ypsilanti by the said commissioners, or by any person or persons acting under their au- thority, for any public improvement of said city, shall be injured, or shall willfully throw or place or cause to be thrown or placed any carcass of any dead animal or person, or any other deleterious or filthy substance whatever, in any reservoir, pipe or aqueduct of the water works of said city through which water for public or private use is conveyed, or do or cause to be done any other act to willfully pollute said water, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one "hundred dollars, or imprisonment in the county jail for a period not exceeding three months, or both such fine and imprisonment in the dis- cretion of the court before which the case is tried. Sec. 10. If any person shall, without authority of the said com- missioners, or their proper agents, perforate, or bore, or cause to be perforated or bored, any distributing pipe, main or aqueduct belonging to the water works or sewers, or cause to be made any connection or communication with said pipes, mains, aqueducts, logs or other means of conducting said water or sewerage, or meddle with or move the same, or any machinery, apparatus, fixtures of said works and sewers, or turn on the water when the same shall be shut off by order of the rules and regulations of the commissioners of public works, or cause the same to be done, or in any manner injure any public property of such city, the person or persons so offending shall on conviction be punished by a fine not exceeding one hundred dollars, or im- prisonment in the county jail until such fine shall be paid, not ex- ceeding three months. Any person or persons who shall willfully break or cut an inlet pipe, main, distributing pipe, log, or aqueduct CITY OF YPSILANTI. 153 used by the commissioners for conducting said water, or for the pur- poses of sewerage, or shall dig into or break up any reservoir filled or partially filled with water, or shall break or injure any pumping engine, or any property thereof, or any of the machinery connected therewith belonging to said water works or sewers, or cause any of said acts to be done, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail not more than three months, or by a fine not exceeding one hun- dred dollars, or both such fine and imprisonment in the discretion of the court. Sec. 11. Said commissioners shall hold regular monthly meetings, and special meetings when necessary, and the action of said com- missioners in fixing water rates, in fixing salaries, in constructing reservoirs, buildings, machinery, jets and fountains, in the purchase of real estate, and in the extension of mains and pipes, shall be subject to the approval of the common council, and shall not be valid without such approval, and the commissioners shall be subjected to and governed by such further ordinances and resolutions as may be adopted by the common council. Sec. 12. The clerk of said commissioners and other officers and employes receiving money, and having charge and control of prop- erty, shall give bonds running to the city of Ypsilanti in such amount as may be fixed by said common council, and conditioned to receive, safely keep and pay or turn over all money and property which shall come into the possession of such clerk and other officers by virtue of their said offices, according to the rules and ordinances regulating all public improvements, and shall take the constitutional oath of office before entering upon their respective duties, and such bond shall be renewed yearly or oftener if required by said commissioners. Sec. 13. An Ordinance entitled, "An ordinance to Establish a Board of Water Commissioners in the city of Ypsilanti, county of Washtenaw, and State of Michigan, defining their duties and powers," made and passed April 11, 1889, is hereby repealed. Sec. 14. This ordinance shall take effect on and after December 15, 1891. Made and passed in common council this 27th day of November, 1891. Approved Nov. 28th, 1891. Attest: GEO. A. COOK, City Clerk. H. P. GLOVER, Mayor. 154 ORDINANCES OF THE No. 55. An Ordinance Relative to the Construction and Maintaining of a Street Railway on the New Cross Street Boulevard. Repealed. See Ordinance No. 62. No. 56. An Ordinance Relative to the Construction and Maintaining of a Street Railway on South Washington Street in Ypsilanti City. Repealed. See Ordinance No. 62 . No. 57. An Ordinance to Prohibit the Use and Maintenance of Slaughter Houses and the Slaughtering of Sheep, Swine and Cattle Within the Limits of the City of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section 1. No person or persons shall keep, maintain or use, or permit to be kept, maintained or used, any slaughter house within the limits of the city of Ypsilanti. Sec. 2. No person shall slaughter any sheep, swine or cattle within the limits of the city of Ypsilanti. Sec. 3. It is hereby declared that the keeping, maintaining or using of a slaughter house for the purpose of slaughtering sheep, swine or cattle within the limits of the city of Ypsilanti is a nuisance. Sec. 4. Any person violating any of the provisions of this ordi- nance shall be punished by a fine of not less than five nor more than twenty-five dollars, together with the costs of prosecution, and on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit house of correction or in the county jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 5. This ordinance shall take effect on the 18th day of Octo- ber, 1892. Made and passed in common council this third day of October, 1892. Approved October 4, 1892. Attest: GEO .A. COOK, City Clerk. HENRY P. GLOVER, Mayor. CITY OF YPSILANTI. 155 Attest: No. 58. An Ordinance to Repeal Ordinance No, 50. The Common Council of the City of Ypsilanti ordain: Section 1. That Ordinance No. 50 of the ordinances of the city of Ypsilanti, entitled "An Ordinance Relative to Non-Resident Mer- chants," made and passed in common council on the 18th of August, 1890, is hereby repealed. Sec. 2. This ordinance shall take immediate effect. Made and passed in common council this 15th day of January, 1894. Approved January 16th, 1894. C. P. MCKINSTRY, City Clerk. An Ordinance Relative to H. R. SCOVILL, Mayor. No. 59. Non-Resident Merchants. Merchants or Temporary The Common Council of the City of Ypsilanti ordain: Section 1. That no person who is a non-resident of said city of Ypsilanti, or who is residing in said city temporarily, shall sell goods, wares or merchandise, of any kind at retail, from any store or other place in said city, without a license therefor as hereinafter provided. Sec. 2. The mayor or clerk of said city are hereby authorized to grant license for the purposes aforesaid to any non-resident of the city of Ypsilanti, or to any person who is residing in said city tem- porarily, upon payment into the city treasury, verified by the receipt of the treasurer, of not less than three dollars nor more than twenty- five dollars for each day, which sum to be charged for said license is to be in the discretion of the said mayor or clerk. Sec. 3. Any person violating any of the provisions of this ordi- nance shall be punished by a fine of not less than ten nor more than fifty dollars, together with the costs of prosecution, and on failing to pay forthwith such fine and costs, may be imprisoned in the Detroit 156 ORDINANCES OF THE house of correction, or the county jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof shall be sooner made. Sec. 4. This ordinance shall take effect on the first day of February, A. D. 1984. Made and passed in common council the 15th day of January, 1894. Approved January 16th, 1894. Attest: C. P. MCKINSTRY, City Clerk. H. R. SCOVILL, Mayor. No. 60. An Ordinance Relative to the Prevention of Cruelty to Animals. The Common Council of the City of Ypsilanti ordain: Section 1. That whoever overdrives, overloads, drives when over- loaded, overworks, tortures, torments, deprives of necessary suste- nance, cruelly beats, mutilates, or cruelly kills, or causes or procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated, or cruelly killed, any animal, and whoever having the charge or custody of any animal, either as owner or otherwise, inflicts unnecessary cruelty upon the same, or willfully fails to provide the with the shelter or protection from proper food, drink, weather, shall, for every such offense, be punished by imprisonment in jail not exceeding three months, or by fine not exceeding one hun- dred dollars, or by both such fine and imprisonment. same Sec. 2. This ordinance shall take effect on the 18th day of Jan- uary, A. D. 1895. Made and passed in common council January 7th, 1895. Approved January 8th, 1895. Attest: C. P. MCKINSTRY, City Clerk. WM. B. SEYMOUR, Mayor. CITY OF YPSILANTI. 157 An Ordinance Requiring the Ways and Means Committee to Examine the Office and Books of the City Clerk. The Common Council of the City of Ypsilanti ordain: Section 1. That it shall be the duty of the ways and means com- mittee of the common council of the city of Ypsilanti to thoroughly examine, or cause to be examined, the office, books, papers, and each and every matter pertainly to the office of city clerk of said city, four times a year, the first examination to be made on the first day of May, 1896, and every three months thereafter. ན No. 61. Sec. 2 In the performance of the above mentioned examination the said ways and means committee are hereby authorized to employ whatever assistance they may deem necessary for the carrying on of said work. Sec. 3. This ordinance shall take effect on the 1st day of April,. 1896. Made and passed in common council of the city of Ypsilanti, March 16, 1896. Approved March 18, 1896. Attest: GEO. A. COOK, City Clerk. H. D. WELLS, Mayor. No. 62. An Ordinance Relative to the Construction and Maintenance of a Street Railway in Ypsilanti. The Common Council of the City of Ypsilanti, ordain: Section 1. That permission and authority be and the same is hereby granted and vested in the Ann Arbor and Ypsilanti Street Railway Company, their successors and assigns, and any company or corporation succeeding to their property rights, to locate, establish, construct and maintain street railways upon any of the streets within the city of Ypsilanti, with necessary and convenient tracks for turn- outs, side tracks, switches, and to run and maintain thereon railway cars for the carriage of passengers, baggage, express and mail, for thirty years from the date thereof, subject to the following conditions: 158 ORDINANCES OF THE ! 'Sec. 2. The said grantees, their successors and assigns, and any corporation succeeding to their property rights, shall have the right for a period of thirty years to maintain and operate street railways on all the streets on which they shall construct or put in operation street railways within eighteen months from date of this ordinance.* Provided. nothing in this ordinance shall be construed as to prevent the Ann Arbor and Ypsilanti Street Railway Company from continuing the use of the present tracks as now laid, providing that the present rail now in use shall be replaced with a girder rail or one equally as good within six years from the date of the passage of this ordinance. Sec. 3. The rails of said street railway shall be laid flush with the surface of the street on which the same may be located, and shall conform to the grade thereof as now or as may hereafter be established, and shall be so constructed as least to inconvenience or obstruct public travel thereon; and before entry upon any street the said grantee, their successors or assigns, shall prepare and submit to the common council for its approval a complete plan or diagram showing the proposed line of its track or tracks in such street, the form or kind of rails to be laid thereon, the location, character and purpose of all sidetracks, turnouts, switches, curves, turn-tables and other necessaries, and when such plans have met the approval of the common council, the track or tracks shall be built in accordance therewith, and shall be inspected as the work of building progresses by the committee on streets and walks, and no change shall be made in such plans unless with the approval of the common council; and if the track is authorized to be laid upon any paved streets, only so much of said pavement shall be removed as will allow the track to be properly laid, and it must be without delay restored to as good condition as it was before removal. Provided, That any street now or which shall be hereafter occupied by said street railway company, that they shall not vacate such street without the consent of the common council. Sec. 4. The said grantee, its successors and assigns, shall be required to keep the surface of the street inside its rails and two and one half feet outside its tracks in good order and repair and as high as the tops of the rails of said track, and also keep its track and space two and one half feet in width on each side thereof free from dirt and rubbish or obstructions, and on unpaved streets to plank the outside and inside of tracks and between tracks at all principal street and highway crossings, and to plank in same manner such other highway and street crossings as the city council may from time to *Time extended by Ordinance No. 68; CITY OF YPSILANTI. 159 time order. Said grantee, its successors and assigns, shall restore all pavements and street crossings removed or displaced in relaying or making repairs on its track to its former condition as near as may be al its own expense. In the streets where said grantee, its successors and assigns, shall operate a double track, it shall be required to keep the space between the rails and tracks in good order; and whenever the city council shall order a street paved, it shall be the duty of said railway company to pave in like manner and at the same time as such street is paved, or to pay the expense of paving in like manner between its rails and tracks and eighteen inches out- side its rails, to maintain and keep such pavement in repair; said company shall also remove or level all ridges or banks of snow or ice that shall fall or be formed upon the rails and two and one half feet outside their tracks; such snow and ice as is removed as afore- said shell be evenly distributed over the surface of the street as shall least obstruct public travel thereon; and in case the city council shall deem it necessary to and does remove at any time a portion of the snow and ice from any street through which said company may be operating its street railway, then and in that case the said street railway company shall bear so much of the expense thereof, determined on the basis of the proportion of the width of the street occupied by the track or tracks of the company compared with the whole width of the streets; and if said company shall neglect to obey any order which the city council shall make in relation to such affairs, or any order relative to any repairs of the streets which the said company by the provisions of such ordinance are obliged to make, the said city council may cause the same to be made and collect the expense thereof from said company. Provided: That the said company may deposit or sprinkle salt upon the tracks of their railway at all switch points, curves and turntables, and at and upon other portions of said tracks. The salt in all cases to be deposited or sprinkled on the surface of the rails only, and in such moderate quantities and in such manner as to least impair the use of said streets for public travel. Providing, they shall keep the bridge be- tween the tracks and 18 inches each side of tracks in good repair. Sec. 5. The common council shall have the right to regulate and prescribe the fare for carrying passengers upon the several lines of the road that may be operated by said grantee, their successors or assigns; provided, that the fare shall be five cents for the carrying of one passenger a continuous trip on their lines within the city limits without the consent of said grantees, their successors and assigns; provided, that they shall be at liberty to charge and collect 160 ORDINANCES OF THE double fare at and after ten o'clock p. m. upon cars not run on schedule time but put on especially for the accommodation of public meetings and entertainments. Sec. 6. The cars shall be run regularly and frequently enough to accommodate the public, but for no purpose other than to transfer passengers and their ordinary baggage, express and mail and the same shall for that purpose be at all times in style, equipment and ac- commodation at least equal to those in use in other cities of like size in the state. The said cars shall be provided with suitable ap- paratus for warming same during the winter months. Provided, said grantee. its successors and assigns shall have the right to transport its own apparatus and material, at such time as not to inconvenience public travel. Providing that the said Ann Arbor and Ypsilanti street railway company be allowed to use only one car for express and mail. Sec.. No cars shall be allowed to stop on crosswalks or in front of any intersecting streets except to avoid collisions or prevent dangers to persons or property in the street. And when the conductor, driver or motorman of any car is required to stop at the intersection of streets to receive or leave passengers, the cars shall be stopped so as to leave the rear platform very slightly on the crossing. All cars shall come to a full stop before crossing Congress street, and in no case shall cross any intersecting street faster than ten miles per hour. Prorid 1, That they may run faster from Ballard street west to enable them to go up Normal hill. 2 Sec. S The said grantee, its successors and assigns, shall em- ploy, careful, sober and prudent agents and motormen to take charge of their cars while on the road, and it shall be the duty of all such agents and motormen to keep vigilant watch for all trains and carriages or persons on foot, especially children, either upon the track or moving towards it, and for locomotives, engines and trains of cars at railroad crossings, and at the first appearance of danger to such trains, car- riages, footmen or children, or to the car itself or its occupants, the car shall be stopped as quickly as possible, and every precaution taken to avoid injury. Sec. 9. The cars shall at all times be entitled to the right of way over its tracks, and every vehicle upon the track of said railway shall turn out when a car approaches, so as to leave the track un- obstructed; and the driver of any vehicle neglecting so to do shall be liable to a penalty of not exceeding five dollars and costs of prose- cution, or fine, upon conviction before any justice of the peace of CITY OF YPSILANTI. 161 said city. Provided, That this section shall not apply to any fire ap- paratus, engines, trucks or carts, nor be so construed to prohibit the laying of hose across the track of said railway, nor the standing of fire engines, trucks or carts thereon, if necessary. And provided further, that a street car shall come to a full stop and remain in such position upon the approach from any direction of any fire apparatus while proceeding to a fire or in the direction from whence an alarm of fire has been given, until such apparatus shall have passed such car. And the driver, conductor or motorman of any car who shall neglect or refuse to comply with this provision shall be liable to a penalty of twenty-five dollars and cost of prosecution upon conviction before a justice of the peace of said city, or to be imprisoned not to exceed fifteen days in county jail, in the discretion of the court; but in no case shall the city be liable for the cost. Sec. 10. The cars after sunset shall be furnished with signal lights on forward end of forward care and back end of last car. White lights shall be used on forward car, and red lights on last car. Sec. 11. Nothing in this ordinance shall be so construed as to pre- vent the common council from authorizing the laying of water or gas pipes, sewers or other conduits, or the repairing of the same, and the grantee shall have no claims of damages therefor against the city, or against any water or gas or electric light or power company, or telephone or telegraph company, provided the work of laying such water or gas pipes or sewers or other conduits, or the repair thereof, shall be done in such a manner as not to unnecessarily damage or injure such railways or their use. Sec. 12. Said grantee, its successors and assigns, is hereby granted the right to use, upon the whole or a portion of its tracks, as the same are now or may hereafter be authorized or constructed, animal or electric power; and if trolley wires are used (animal power shall be used when some accident shall happen to the electrical machinery) as a motive power supplied to the car by means of a single overhead trolley wire, (permission is hereby granted to said grantee to use steam as a motive power for eighteen months from the date of the passage of this ordinance, providing only coke or hard coal is used for fuc!) the electrical circuit being completed by the rails of the road suitably connected at their ends, or connected with a supple- mentary ground wire. And for this purpose, said grantee, its suc- cessors and assigns, are hereby expressly authorized and empowered to lay and connect said ground circuit as aforesaid, and to erect and 162 ORDINANCES OF THE maintain, in and along any and all of the public streets and highways upon which the tracks of said railway are hereby or may in the future be authorized and constructed, such posts, brackets, wires and fixtures as may be required to support and maintain an overhead trolley wire, posts and brackets to be set under the supervision of the com- mittee on streets and walks. If cedar posts are used, they shall be shaved and painted and reasonably straight and uniform in size. Such posts shall be securely and firmly set at such depth in the ground as to make their support substantial and adequate, and the cross wires or brackets, as the case may be, for the support of the trolley wire, shall be attached to said poles at such height as to main- tain a trolley wire at every point not less than eighteen feet above the surface of the street. All such posts, brackets, wires and fixtures of said railway when completed shall be maintained by said grantee, its successors and assigns, at all times in good order and condition to the satisfaction of the common council of the city of Ypsilanti, and in such a manner as not to interfere with shade trees or to impede public travel, and as to best suit the public convenience and accom- modate the inhabitants of said city. Poles of other persons, com- panies or corporations may be used by said railway company on its obtaining the consent of the owners thereof. ✔ Sec. 13. And said company must when possible procure the right to use and make use of such poles already erected whenever they are so located that they can be used by it, or whenever the loca- tion thereof can be changed so as to be used by two or more persons or companies. And the board of public works, or its successors, shall determine as to the practicability of such joint use of such poles, and as to where they shall be located. Whenever the trolley wires of said company shall cross any other wires previously placed, good and sufficient guard wires shall be maintained by said company at all times. Sec. 14. It shall be the duty of the engineer or motorman or per- sons having charge of the forward end of the car running upon or over said railway, to sound a bell upon said car at least five rods before reaching a street intersection and to continue to sound said bell until the car has passed such street intersection, and to sound said bell at all times when necessary to warn persons or vehicles or teams upon the track or driving or approaching towards the track of said company. Sec. 15. By the acceptance of the permission and authority hereby given and granted, the said grantee, its successors or assigns, hereby CITY OF YPSILANTI. 163 * = * agree to indemnify and save harmless the said city of Ypsilanti from all loss or expense to which it may be subjected for any damage or destruction or injury that may be done to or suffered by any one in his, her or its person or property, by reason of the construction or operation of said railway, or by by the use of the motive power thereon, or by reason of any negligence, carelessness or omission of said grantee, its successors or assigns, or any of their officers, agents or servants; and the said grantee, its successors and assigns, shall be liable to said city of Ypsilanti for all costs and damages suffered by or recovered against it in consequence of any act, neglect or default of said company, its successors or assigns, or from a breach of said company, its officers, agents or servants, of any of the provisions of this ordinance. Sec. 16. The common council shall hereby reserve all rights to make further rules, orders and requirements as may from time to time be deemed necessary to protect the interests, safety, welfare and accommodation of the public in relation to said railway, not in- consistent with the provisions of this ordinance; but they shall not reduce the rate of fare herein provided for, or alter or repeal section one of this act. Sec. 17. If the said grantee, its successors or assigns, shall at any time hereafter fail or neglect or refuse to regularly run cars for a period of sixty days, unless occasioned by acts over which they have no control, or fail to comply with the provisions of this ordinance or any section thereof, or shall refuse, fail or neglect to observe, keep and obey such rules, orders and requirements as said city council may from time to time make, prescribe or ordain, to protect the interests, safety, welfare or accommodation of the public in relation to said railway, or the streets through which the same passes, except as herein otherwise provided, then after sixty days' notice, the rights, privileges, interests, permission and authority hereby granted shall thenceforth cease and be forfeited, and the said city of Ypsilanti be entitled to take possession of the streets over which the said railway shall run, and also to hold possession of the property of said company, such as tracks and cars and electrical appliances, as security that said company will leave said occupied streets in good condition for travel with such kind of improvements as may exist at the time said company ceases to comply with the provisions of this ordinance. And if said grantee vacates any street or parts of streets, the said grantee shall immediately repair so much of said street, and make it as good as the balance of said street. + 164 ORDINANCES OF THE Sec. 18. This ordinance is accepted in lieu of all other ordinances heretofore passed by said city in favor of Charles D. Haines, Elmer T. Haines, and Andrew G. Haines, their successors and assigns, and the rights accruing thereby and heretofore assigned to said grantee are hereby surrendered. All ordinances or parts of ordinances conflicting herewith are hereby repealed. Sec. 19. This ordinance shall be void and of no effect unless the grantee shall within one month from date of its passage notify the common council in writing of their acceptance of the provisions and agreements herein contained. Sec. 20. This ordinance shall take immediate effect. Made and passed in the common council of the city of Ypsilanti the 17th day of August, 1896. Approved August 18th, 1896. Attest: Geo. A. Cook, City Clerk. H. D. WELLS, Mayor. No. 63. An Ordinance Granting Permission to the New State Telephone Company of Michigan to Erect and Operate a Telephone System in the City of Ypsilanti. Section 1. Be it ordained by the common council of the city of Ypsilanti, that consent, permission and authority are hereby given, granted and duly vested, for a period of thirty years, to the New State Telephone Company of Michigan, its successors and assigns, to use the streets, avenues and alleys of said city for the purpose of constructing, owning, using and maintaining a telephone system, and setting poles and placing wires thereon; and all poles shall be of wood or iron, and shall be kept painted, and no advertisement shall be posted on said poles by said company nor by its consent. The poles. shall be set so as not to impede the traffic in the streets, and are to be placed at such places as the board of public works may direct. Sec. 2. Said grantee, its successors and assigns, is hereby auth- orized to place its wires and cables in conduits underground along CITY OF YPSILANTI. 165 ند. and in said streets and alleys, and to provide manholes and openings from the surface of the streets connected with such conduits. When- ever and wherever any such conduits are constructed it shall be done under the supervision and in such manner as to meet with the ap- proval of the board of public works, and wherever there is any such construction of conduits, the surface of the street shall be restored without delay to the same condition it was in before the con- struction of such conduits. Provided, That whenever the said city of Ypsilanti shall decide to pave or repave any of its streets, lanes, alleys or public places, it shall give the said New State Telephone Company, or its successors, not less than thirty days' notice of such intention; and when such notice is given, the said New State Tele- phone Company shall, if the said New State Telephone Company, its successors and assigns desire, to exercise the right of placing a conduit for placing its wires and cables in said streets so to be paved or repaved under the conditions of this ordinance, they shall place such conduits in such streets, lanes or alleys before the expiration of the said thirty days. Sec. 3. Said grantee, its successors and assigns, may charge the following rates for the use of its telephones within the city; When the subscriber shall enter into a written contract for the use of the telephone for a business place for a term of five years, twenty-four dollars per annum; when the subscriber shall enter into a contract in writing for the use of a telephone for a place used exclusively as a dwelling for a term of five years, eighteen dollars per annum; when no such contract is entered into, the said grantee, its successors and assigns, shall be allowed to charge at the rate of twenty-eight dol- lars per annum for the telephone in a business place, and at the rate of twenty-four dollars per annum for the telephone in a dwelling, with a rebate when telephones are used for an uninterrupted period of one year, all rates to be paid quarterly in advance. Said grantee shall not however, be required to put in a telephone for less than the rental of one quarter of a year. Sec. 5. It is further provided as one of the conditions of the granting of this ordinance, that the said the New State Telephone Company of Michigan, and its successors and assigns, shall during all the time in which this ordinance and the privileges thereunder granted is valid, keep a public office in the city of Ypsilanti, and a duly authorized officer, agent or attorney in said city, upon whom process and all legal notices can be served. 166 ORDINANCES OF THE Sec. 6. This ordinance is to be null and void unless it is accepted by the said the New State Telephone Company within thirty days, and the work of constructing the plant be commenced within sixty days from date of acceptance. This ordinance shall take immediate effect without pub- Sec. 7. lication. Sec. S. The said the New State Telephone Company and its suc- cessors and assigns shall, during all the time in which this ordinance and the privileges thereunder granted is valid, furnish to the city of Ypsilanti, free of charge, the use of six of the telephones of said the New State Telephone Company in connection with the local exchange of said the New State Telephone Company, said six telephones to be distributed as the common council of the city shall direct. Sec. 9. In the event of the failure of the said the New State Telephone Company, its successors and assigns, to operate its Ypsilanti plant for any continuous period of six months, the franchise hereby granted shall become null and void, and the poles owned by said the New State Telephone Company, which are then being used by the wires of the city of Ypsilanti, shall become the property of said city of Ypsilanti. Sec. 10. Said city reserves the right to run six fire department wires on the uppermost arm of all poles of the said the New State Telephone Company, and said city for itself and for the Ypsilanti Electric Company, reserves the right to use all the poles of said the New State Telephone Company within the city of Ypsilanti for the carrying of electric light wires, not over six in number, all to be on one crossarm, not over twenty feet above the ground; and said city for itself and the said Ypsilanti Electric Company, grants to the said the New State Telephone Company the right to place its tele- phone wires on any of the poles of said city and of said Ypsilanti Electric Company; and all poles set by said city and by said Ypsilanti Electric Company in the future shall be not less than thirty-five feet long, and the electric light wires shall be not over twenty feet above the ground. The suspension wires of electric lamps to be attached to top of poles, and no telephone wires to be less than twenty feet from the ground. CITY OF YPSILANTI. 167 Section 4 fully erased before passage of this ordinance. Made and passed in the common council of the city of Ypsilanti, Mich., the 23rd day of April, 1897. Approved April 24th, 1897. Attest: P. W. CARPENTER, City Clerk. H. D. WELLS, Mayor. No. 64. An Ordinance Relative to Drays and Conveyances For the Transpor tation of Goods, Property or Substance, for Hire in the Limits of the City of Ypsilanti. Repealed. See Ordinance No. 65. No. 65. An Ordinance Relative to Drays and Conveyances for the Trans- tation of Goods, Property or Substance, for Hire in the Limits of the City of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section 1. That hereafter, any person or persons who shall be engaged in the business of draying or keeping a dray, vehicle or other conveyance for the transportation of wares, merchandise or anything or substance whatsoever for hire anywhere within the limits of the city of Ypsilanti, shall keep said dray, vehicle or conveyance while standing and waiting trade, on the east side of Huron street near the sidewalk between a line adjacent to and parallel with the south wall of Savings Bank building so called, and a line adjacent to and parallel with the north wall of Engine House, so called, on said street, and in no other place in said city. Provided, however, that this ordinance shall in no wise conflict with, or restrain the rights of any hotel keeper, merchant or tradesman keeping dray or delivery wagons at his place of business. Nor shall it restrain drays, vehicles or other conveyances for transportation of goods for hire, from standing at the depots in said city. Sec. 2. Any person or persons who shall violate any of the provisions of this ordinance on conviction thereof shall be punished 168 ORDINANCES OF THE by a fine of not less than one or more than five dollars, or imprisoned in the county jail not to exceed thirty days, or both fine and imprison- ment in the discretion of the court. Sec 3. All ordinances and parts of ordinances in any manner conflicting with any of the provisions of this ordinance are hereby repealed. Sec. 4. This ordinance shall take effect from and after the 11th day of June, A. D. 1897. Made and passed by the common council of the city of Ypsilanti, the 1st day of June, 1897. Approved June 1, 1897. Attest: P. W. CARPENTER, City Clerk. N. B. HARDING, Mayor. No. 66. An Ordinance to Regulate the Use of Bicycles and Other Vehicles on the Public Streets Within the Limits of the City of Ypsilanti. Repealed. See Ordinance No. 72. No. 67. An Ordinance Relative to Parks Within the Limits of the City of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section 1. No person shall destroy, cut, mar, injure or deface any fence, seat, stool or bench or other apparatus or thing whatsoever placed in the city of Ypsilanti. Sec. 2. No person shall destroy, cut or injure or in any manner deface or trample upon or over any flowers or flower beds, or shade trees, or shrubbery located or being in any park nor shall they hitch. horses to any of the trees therein. Sec. 3. No person shall lounge and roll upon and mutilate, injure or destroy the grass, flowers or shrubbery in any park. Sec. 4. No person or persons shall play at the game of cards or any other game of chance in any park. CITY OF YPSILANTI. 169 Sec. 5. No person or persons shall play ball on any park except by permission of the common council, and then only on such part or space in said park as the common council shall direct and in no other places. Sec. 6. No person or persons shall in any manner touch or directly or indirectly meddle with any fountain or fixtures or appurtenances belonging to the same, or with any pipes or appurtenances to turn water off or on said fixtures in any park in the city of Ypsilanti unless such person be duly authorized by the city. Sec. 7. No person shall use any noisy, boisterous, profane, vulgar or indecent language or commit any nuisance in any park. Sec. 8. Any person violating any of the provisions of this ordi- nance shall be punished by a fine of not to exceed fifty dollars, to- gether with the costs of prosecution, and on failing to pay forthwith such fine and costs may be imprisoned in the county jail of Wash- tenaw county for a period of not to exceed ninety days, unless pay- ment thereof be sooner made. Sec. 9. This ordinance shall take effect from and after the fifth day of October, A. D. 1897. Made and passed in common council this 20th day of September, 1897. Approved September 21, 1897. Attest: P. W. CARPENTER, City Clerk. N. B. HARDING, Mayor. No. 68. An Ordinance Relative to Extending the Time in Which Street Rail- ways May Be Constructed in Ypsilanti Under Ordinance No. 62, Passed on the 17th Day of August, 1896, and Approved or the 18th Day of August, 1896. The Common Council of the City of Ypsilanti ordain: Section 1. That the time limit in which street railways may be constructed and put in operation on the streets of Ypsilanti under the terms of Ordinance No. 62, heretofore passed in this common council, to-wit: on the 17th day of August, A. D. 1896, and approved 170 ORDINANCES OF THE A on the 18th day of August, A. D. 1896, be and the same is hereby ex- tended to the 15th day of June, A. D. 1898. Sec. 2. In consideration of said extension the Ann Arbor and Ypsilanti Electric Railway Company, the present owners by assign- ment of the aforesaid ordinance and the rights and privileges granted thereby, shall strengthen, maintain and widen, where necessary, as directed by the common council, at said electric railway company's expense, whatsoever bridge or viaduct shall be occupied by its tracks under the terms of the grant contained in Ordinance 62 as extended, and in the event any bridge, traversed by the tracks of the said rail- way, becoming unfit for further travel and requiring renewal, the cost of such renewal shall be borne equally by the city of Ypsilanti and said Ann Arbor and Ypsilanti Electric Railway Company, its succes- sors and assigns. Sec. 3. In further consideration of said extension the said Ann Arbor and Ypsilanti Electric Railway Company, its successors and assigns, shall immediately upon the completion of its lines between the city of Ann Arbor and the city of Detroit, operate a route for local service as follows: Beginning at the intersection of Cross street with the right of way of the Michigan Central Railroad through Cross street and through Washington street to Harriet street, which said route shall be operated by being traversed by a car each way at least once each quarter hour between the hours of 7 o'clock in the morning and 9 o'clock in the evening. Sec. 4. This ordinance shall take effect upon its acceptance by the Ann Arbor and Ypsilanti Electric Railway Company, which ac- ceptance shall be filed in writing with the city clerk of the city of Ypsilanti within three days of the date of its passage and approval. Made and passed in common council of the city of Ypsilanti this 7th day of February, A. D. 1898. Approved February 8th, A. D. 1898. Attest: P. W. CARPENTER, City Clerk. MILO B. SCHAFFER, President of Council. No. 69. An Ordinance Relative to City Water Supply. The Common Council of the City of Ypsilanti ordain: CITY OF YPSILANTI. 171 ARTICLE I. Extensions of the City Water Mains. Section 1. Extensions of water mains may be obtained by petition to the common council, signed by owners of property adjoining the proposed extension. Each signer must deposit with the clerk of the board of public works two dollars and fifty cents, as a guaranty that they will take water of the city. Sec. 2. If an extension of the mains is not granted within forty- five days after a petition has been presented to the council, the clerk shall return to each signer his guaranty money. Sec. 3. If an extension of the mains is granted by the council, the board of public works shall retain the guaranty money, and apply it on the water rates of each signer of the petition, according to sec- tion 2 of Article V. ARTICLE II. Rules and Regulations for the Government of Plumbers. Section 1. Any person wishing to do plumbing in the city of Ypsilanti, must procure a license from the board of public works. Applications for a license must be made in writing to the clerk of the board, giving the firm name and the name of each member thereof, and their place of business, consenting to be governed in all respects by the laws, regulations and penalties now existing or that may here- after be enacted by the city pertaining to plumbing. Sec. 2. Before a plumber's license will be granted the applicant must execute and deposit with the clerk of the board of public works a bond, with two or more sureties, to be approved by the board, in the sum of one thousand dollars, conditioned that they will indemnify and save the city harmless from all damages caused by negligence in protecting their work, or any inadequate work done by virtue of their license; also that they will replace pavement and other material removed by them to as good condition as it was before they removed it, and will maintain the same to the satisfaction of the board of public works for three months thereafter. Sec. 3. Plumbers' licenses must be granted by resolution of the board of public works and signed by the president and clerk. Sec. 4. The fee for a plumber's license will be ten dollars for the first year, and the same may be renewed for five dollars each 172 ORDINANCES OF THE year thereafter. The fee must be collected by the clerk before de- livering the license. +xx Sec. 5. Plumbers' licenses will only be granted to residents of the city of good character and skilled in their occupation, or to parties who will employ practical plumbers. Sec. 6. If plumbers retire from business or remove from the city, they will forfeit their licenses. Sec. 7. To supply water to any premises a plumber must get a permit from the clerk of the board of public works for each tap required. Sec. 8. A plumber must get a permit from the clerk of the board of public works, to make any change in the number, kind, or size, of fixtures on any premises; also if water is to be used for other purposes than named in former permits. Sec. 9. All plumbing must be done in the manner required by the board of public works, subject to their inspection and approval. All pipes and fixtures used will likewise be subject to the approval of the board. No pipe laid under ground shall be covered until it has been tested and approved by the board. Sec. 10. All service pipes must be laid five feet below the surface of the ground and where they enter a building there must be a stop and waste cock to shut the water off in case of accident or frost. Sec. 11. All pipes and fittings used in connection with the city water works must be of lead or galvanized iron. If lead it must be the grade known as extra strong and connected either with brass or wiped joints. Sec. 12. Work which in the estimation of the board is poor and defective will be sufficient cause for the suspension or forfeiture of a plumber's license. Sec. 13. If plumbers find any pipes or attachments laid under ground and connected to the city water works out of repair or not the proper depth, it shall be their duty to repair and place them at the proper depth, and charge the expense thereof to the owner of the property upon whose premises such repairs are made. Sec. 14. All tanks or cisterns connected with the city water works must be fitted with float valves. The discharge shall not exceed one- half inch in diameter. CITY OF YPSILANTI. 173 Sec. 15. No permit will be issued for taps between December first and March first. except by approval of the board. Sec. 16. Plumbers must make returns in writing to the clerk of the board within forty-eight hours after they have completed a job of plumbing, connected with the city water works, giving a description of the premises, the number and kind of fixtures or appar- atus supplied, and the use which they are intended for, together with the name of the occupant and owner of the premises. For misrepre- sentation or omission in these returns plumbers will be liable to suspension or forfeiture of their license. Sec. 17. All excavations made by plumbers in streets, alleys or public places, must be protected by barricades and red lights kept burning during the night. Sec. 18. Plumbers must not leave the city water turned on any premises after they have tested their work, without a permit from the clerk of the board of public works, except where they themselves turned it off for the purpose of making repairs. Plumbers violating this section will be liable to the city for any loss it may sustain by the water being turned on to any premises without a permit from the clerk. A violation of this section will be sufficient cause for the forfeiture of a plumber's license. Sec. 19. Meters must be placed secure from frost and convenient to read. The pipes must be joined at each side of the meter with square-faced unions. Ample working room must be left around meter. There must be a stop and waste cock in the service pipe near the meter to shut the water off in case of repairs. Sec. 20. Plumbers must report to the clerk of the board any pipes or fixtures disconnected from the city water works by them. Sec. 21. Plumbers wishing to use water from the city water works for backfilling ditches or trenches must pay for the same and get a permit from the clerk of the board of public works before the water is used. Sec. 22. Plumbers must not permit their shut-off keys to be used by any person for turning the city water on or off at the curb except themselves and assistants. For a violation of this section, or Sec- tion 21, plumbers will be liable to a suspension or forfeiture of their license. + 174 ORDINANCES OF THE ARTICLE III. Tapping the City Water Mains. Section 1. Only persons designated by the board of public works will be permitted to tap the main pipes or insert ferrules. No tap shall be made until a permit has been issued for the same. Sec. 2. Tapping the main shall be under the direction of the superintendent, or some person designated by the board of public works. The tapper must be given forty-eight hours' notice by the plumbers before a tap is wanted. Sec. 3. Connections must be made with the mains. Taps must be in the body of the pipe, two feet from a joint and two feet apart. Sec. 4. There must be used for each tap made in the main pipes of the city, a corporation cock screwed into the main, and a service cock with a cast iron box which shall be near the sidewalk, if in the street; if in an alley, it shall be one foot outside of the fence. No service cock must be placed in a street crossing or driveway. Sec. 5. When water is supplied to more than one consumer through one tap, there must be a service cock for each consumer. 1 Sec. 6. The tapper must report in writing to the clerk of the board of public works within twenty-four hours after making each tap. ARTICLE IV. Meters. Section 1. The city will furnish a meter for any consumer free of charge, the size required, up to and including one and one quarter inch. Parties requiring larger meters than one and one-quarter inch must pay the difference of cost between one and one-quarter inch and the size required.* Sec. 2. Water consumers, at their own expense, must arrange their pipes so that all water used on their premises will pass through the meter, and prepare a suitable place to set a meter. Sec. 3. Meters must be set where they are easy of access to read and repair. They must be properly protected from frost and other damage. Sec. 4. Water consumers will be responsible for any damage to a meter set on the premises by frost, theft, or damage in any way except the natural wear. See Amendment passed May 21, 1900, Sec. 2. CITY OF YPSILANTI. 175 Sec. 5. Only persons in the employ of the board of public works will be permitted to take out, repair or in any way meddle with a meter. Sec. 6. By resolution of the board of public works they may at any time set a meter on the premises of parties using water from the city water works and charge for the measured water. If the party has paid for the water in advance at the regular fixed rates, there will be a proportionate allowance made for the unexpired time which will be applied as payment for the measured water as far as it will pay. Sec. 7. The clerk of the board of public works shall send written notices to parties using water from the city water works upon whose premises the board has resolved to set a meter, notifying them to arrange their pipes and prepare a place to set a meter. If they neglect or refuse to comply with the terms of such notice for thirty days, the water will be turned off from their premises until such terms have been complied with and one dollar paid for turning the water on. Sec. 8. Meters must not be removed from any premises except by order of the board of public works. ARTICLE V. Rules for the Government of Water Consumers. Section 1. Applications for permits to take water from the city water works must be made in writing before any excavating has been done, upon blank forms furnished by the clerk of the board of public works, fully describing the premises to be supplied, and setting forth all purposes for which the water is to be used, the size and kind of service pipe to be used, and naming the plumber to do the plumbing. Applications must be signed by owners of the property or their auth- orized agent. Sec. 2. The clerk of the board of public works, upon receipt of an application to take water from the city water works, properly made and signed by the owner or agent of the premises to be supplied, and two dollars and fifty cents to be applied on the first payment for water supplied to the premises, as far as it will pay, will issue a permit for the use of water on such premises. The city will tap the main and lay a service pipe to the outside of the curb between the street and sidewalk, furnish corporation and service cocks without expense to the applicant, except in case of temporary use of water, when such expense must be paid by the applicant. 176 ORDINANCES OF THE Sec. 3. Parties using water from the city water works do so at their own risk, as the city will not in any case be liable or responsible for damages occasioned or growing out of a stoppage of the water, or an insufficient supply of the same, or for accidents or damages of any kind caused by or growing out of the use or failure of such water. Nor shall any payment be refunded, or abatement made for non-use, or absence, or other cause. The city reserves the right to shut the water off at any time for repairs or alterations. Sec. 4. Parties using water from the city water works to supply steam boilers, and not supplied with a tank, are hereby cautioned against collapse, that may be caused by the whole or partial stoppage of the water, as the city will not be liable for any damage caused by such collapse. Sec. 5. Tanks connected with the city water works must be fitted with float valves, to stop waste of water by overflow. Sec. 6. Waste of water through neglect of servants or agents, fix- tures being out of order, or allowing water to be taken from the premises by persons having no right to its use, will be sufficient cause for turn- ing the water off from such premises and forfeiture of amount paid in advance or the withholding of the water for such time as the board may decide. Sec. 7. Parties using water from the city water works wishing to make any additions or alterations to the pipes or fixtures on any premises must first get a permit to do so from the clerk of the board of public works. Only licensed plumbers will be permitted to make such changes. Sec. 8. Parties using water from the city water works must keep their pipes and fixtures in good repair and protected from frost at their own expense. Sec. 9. No reduction will be made for fixtures not in use unless they have been disconnected from the service pipes by a licensed plumber, and so reported to the clerk of the board of public works. Sec. 10. Water must not be permitted to flow through any pipes or fixtures connected with the city water works when not in actual use. A continuous flow of water to guard against frost, or for any other purpose, will not be permitted unless a meter is used. Sec. 11. If hose, pipes or fixtures connected with the city water works are found leaking or out of order, hose converted into a jet or CITY OF YPSILANTI. 177 in use at unauthorized hours, the water will be turned off without previ- ous notice and will not be turned on until the proper repairs have been made. Sec. 12. No rebate will be made from rates for partial use of water from wells or cisterns. Sec. 13. Water rates once paid will not be refunded under any circumstances, except where the consumer vacates the premises, and moves beyond the limits of the city mains, and notifies the clerk of the board of public works to turn the water off, in which event a rebate will be allowed for the unexpired time less one dollar. Sec. 14. During a fire all fountains, motors, lawn and street sprink ling and other uses of water not absolutely necessary are positively prohibited. Sec. 15. The use of hose larger than three-fourths inch, hose converted into a jet hose without a nozzle, or nozzle larger than one- fourth inch in diameter is prohibited, except where a meter is used; or by special permit granted by the board of public works. Sec. 16. Parties using city water for street sprinkling must con- fine themselves to the exact frontage they pay for and one half of the street in front thereof. Sec. 17. Parties paying the city for to be used for gardens, foun- tains, sprinkling streets, lawns or yards, do so with the understand- ing that the board of public works may restrict its use for such purposes by changing or shortening the time of use; or by stopping its use entirely for such purposes if in their judgment such restric- tion is necessary to protect the ordinary consumption and maintain the fire protection of the city. In no case will any money be refunded on account of such restrictions or stoppage of use. Sec. 18. If any parties using water from the city water works for gardens, fountains, sprinkling streets, lawns or yards, upon re- ceiving notice from the board of public works restricting or stopping the use of water for such purposes, refuse to comply with such restric- tion or stoppage of use the water will be turned off from their premises, and will not be turned on again until they have satisfied the board that they will comply with such restrictions or stoppage of use. Sec. 19. When two or When two or more parties using water from the city water works, are supplied through one service cock, some one of the party must become responsible for all the water rates assessed against such service cock. No allowance will be made for partial vacancy. The board of public works reserves the right to turn the water off. 178 ORDINANCES OF THE ... if any of the rates assessed against such service cock are not paid, and the city will not refund any part of the money collected for water rates through such service cock. • Sec. 20. Members of the board of public works and their assistants shall have free access at all reasonable hours, to all parts of premises where' city water is used, to examine the pipes and fixtures. Sec. 21. Parties using water from the city water works for build- ing purposes must lay their pipes to the inside of the lot line, and secure them against public use. ¦ Sec. 22. Builders or contractors wishing to use water from the city water works will be required to make an estimate of the amount of material to be used and pay for the water in advance. Sec. 23. Parties who owe the city for water rates will not be permitted to use water through any service cock until the amount due has been paid. Sec. 24. If proprietors of lumber yards, manufactories, stores, hotels, halls, or public buildings, who use water from the city water works, wish to lay pipes with hydrants or hose connections to be used only in case of fire, they may have their pipes connected with the city mains, by making application to the board of public works, and paying the whole expense of making such connection, water to be used for fire purposes only. Sec. 25. Pipes placed in buildings for fire purposes must be sup- plied with fire hose, kept constantly attached. Openings in such pipes without attachments as aforesaid, or the use of hose for any other pur- pose than the extinguishing of fire, is forbidden, and will be subject to assessment for water rates. Sec. 26. The board of public works may refuse to supply water from the city water works to any premises where the plumbing has not been done by plumbers licensed by them. Sec. 27. Parties wishing to use water from the city water works for backfilling ditches or trenches must pay for the same, and get a permit from the clerk of the board of public works before the water is issued. Sec. 28. Parties using water from the city water works, permitting water to be taken from their pipes or fixtures for backfilling ditches or trenches, by any person, without a permit from the clerk of the board of public works, except the superintendent of the water works, or his assistants, will be liable to the city for the water used for such CITY OF YPSILANTI. 179 purposes. If upon receipt of a bill for the amount, they refuse to pay, the water will be turned off from their premises. Sec. 29. If parties using water from the city water works fail to comply with any of the foregoing rules, or owe for water rates past due, the water will be turned off from their premises, and it will be the duty of the clerk of the board of public works in all cases where the water has been turned off from any premises for violation of rules, or water rates past due, to collect one dollar for turning the water on, and any amount that may be due for water, before it will be turned on again. * ARTICLE VI. Miscellaneous Rules. Section 1. The free use of water for buildings occupied by the city for public use does not include the right to allow its free use for private purposes. For violation of this section, the water will be turned off, subject to all the penalties to similar abuse by private parties. Sec. 2. Wrenches used for opening and closing public hydrants and gate valves must be furnished by the city. Such wrenches must be stamped C. W. W. and numbered. Wrenches will be delivered by the clerk of the board of public works to the chief engineer of the fire department, taking a receipt for the same. The clerk shall keep a record of the wrenches delivered to the fire department. Sec. 3. No person but the superintendent of the water works and his assistants under instructions of the board of public works will be permitted to open any fire hydrant, except for fire purposes by the department, without a special permit from the board of public works. Sec. 4. Anyone obstructing access to a public fire hydrant shall, in addition to the fine and penalties hereinafter provided, forfeit to the City of Ypsilanti the sum of five dollars for each and every four hours that such obstruction shall remain after the party has received notice to remove such obstructions. Sec. 5. Bills must be promptly paid when due. All officers of the city water works are positively prohibited from allowing credit to any one. Sec. 6. The board of public works reserves the right to test the quantity of water supplied to any premises by the application of a ← 180 ORDINANCES OF THE meter and charge or adjust the assessments on such premises to the rate for measured water. Sec. 7. Lawn sprinkling shall not be construed to mean the use of water for gardens. Parties wishing to use water for wetting gar- dens must pay the garden rate in addition to the lawn sprinkler rates. Sec. 8. Parties taking water for lawn, yard, garden, fountain, street sprinkling, or other summer use, must pay for the whole season. Sec. 9. Parties using water from the city water works and paying the domestic or fixture rates, will not be permitted to attach hose to their pipes or fixtures, and use water for any purpose, except the extinguishment of fire, unless they pay the sprinkling rates, or obtain a permit from the clerk of the board of public works, and pay for the water to be used. For a violation of this section the water will be turned off from the premises and will not be turned on again during the season, unless the sprinkling rates of one dollar additional is paid. Sec. 10. The superintendent of the water works or his assistants, before taking water from any premises for backfilling ditches, trenches, or any other purposes, except in case of fire, must obtain permission from the occupant before any water is taken. Sec. 11. Parties violating any of the provisions of this section shall be fined as in violation of other sections of this ordinance, and the violation of each item stated in this section shall be a separate offense. Plumbers loaning shut-off keys to others. Plumbers leaving water turned on premises without authority from the board of public works. Turning water on or off at any service cock without authority from the board of public works. Loaning shut-off keys to others to turn water on or off at any service cock. 1 Opening fire hydrants without authority. Taking off or breaking service boxes or covers. Covering service boxes with earth or other material or obstructing free access to the same. Obstructing free access to fire hydrants. Removing or breaking gate, valve, box covers. Opening or closing gate or other valves without authority from the board of public works. Having in their possession a key for opening and closing gate valves in the street, without authority from the board of public works. Using city water for backfilling ditches or trenches without a per- it from the board of public works: { : CITY OF YPSILANTI. 181 Using city water without permission from the board of public works. Permitting others to take water from their premises without per- mission from the board of public works. Using city water for sprinkling during a fire. ARTICLE VII. Assessment and Collection of Water Rates. Section 1. All assessments for water used from the city water works will become due semi-annually in advance, on the first day of May and November in each year, except where the water is measured by meters or special assessments for a shorter period than one year. Amounts accruing for the measured water and special assessments will become due and payable at such time as the board of public works shall designate. If any parties using water from the city water works fail to pay their assessments before the first day of June and De- cember in each year, it will be the duty of the clerk of the board of public works to send them a written request for the amount with five per cent added. If they fail to pay the amount within ten days there- after the water will be turned off from their premises. Sec. 2. The rates for water used from the city water works for general domestic use, through one faucet in the kitchen of dwelling or residence, is fixed at five dollars per year. Extra charges will be made for bath tubs, water closets, urinals, wash basins and extra faucets.* Sec. 3. Lawn and street sprinkling, where a meter is not used, shall only be done through a hose held in the hand. Sprinkling may be done three hours per day, during the hours between 5:30 and 8:00 a. m. and 5 o'clock and 7:30 p. m. Attaching hose to any object or laying on the ground and allowing water to flow through it unless the nozzle is held in the hand, will not be permitted. Sprinkling is prohibited after 7:30 p. m., with or without a meter. Lawn and street sprinkling rates are for the season between May first and November first, for each premises with a frontage not exceeding sixty-six feet in width and not exceeding one hundred feet in depth, including one-half the width of the street in front thereof, with hose not larger than three-fourths inch and through one orifice or nozzle, not larger than one-fourth inch in diameter, $4.00. For each additional foot frontage over sixty-six, five cents. The use of lawn sprinklers will be allowed upon the pay- ment of one dollar for each sprinkler in addition to the regular lawn rates. *Amended. See Amendment passed January 16, 1899. Sec. 2 and 3. 心 ​182 ORDINANCES OF THE Sec. 4. Meter rates. The rates for measured water will be for the first eight thousand gallons or less, each term between May first and November first, and between November first and May first, each year, $2.50. For all water used over eight thousand gallons each term, at the rate of 10 cents per 1,000 gallons.* Sec. 5. The board of public works may collect for the water meas- ured by meter each month, or the consumer may be required to make an estimated average payment in advance, to prevent an accumulated arrearage. Settlement to be made at the end of the term for the water used. Water Rates. Section 1. As established by the board of public works and con- firmed by the council. Yearly charges otherwise specified. months. No permit issued for less than $5.00 Ale Cellars Bath tub, private • ARTICLE VIII. Backfilling trenches or ditches 2 feet or less in width, each foot deep ... Backfilling trenches or ditches 3 feet or more than 2 feet, each foot deep Backfilling trenches or ditches 4 feet or more than 3 feet,, each foot deep Backfilling trenches over 4 feet, proportionate rates. Barber shop, first chair each additional chair • • public in barber shop, first tub... public in barber shop, each additional tub. Bakeries average daily use for each bbl. flour. But no bakery to be charged less than.. Banks, including wash basin. Blacksmith shops, first fire.. each additional fire • · Butcher shop, first faucet each additional faucet. Bowling alleys Builders' rates per perch of stone laid.. per 1,000 brick laid... *See Amendment passed January 16, 1899. i · · Season charges cover six • • .$8 00 to $10 00 * • 014 · 0% 02 3000 200 2.00 5 00 3 00 3 00 10 00 5 00 3 00 2. 00 700 300 5 00 to 10 00 02 05 ܕ܀ 2 CITY OF YPSILANTI. 183 per 1,000 brick wetting. per 100 yards plastering, one coat.. per 100 yards coats ...... • per 100 cubic feet of grouting. per 100 square feet of concrete walk or cellar bottom Boarding houses family rate of.. Each person boarding and rooming same building ad- ditional Each day boarder or room additional. Billiard halls, each table.... Confectioners (manufacturers) Churches, including drinking faucets. all other fixtures extra. Cigar manufacturers, ten hands or under. each additional hand plastering, two or three • Foundries, for moulding rooms.... Grocery stores, first faucet · • Cows each Drug stores, first faucet each additional faucet Dwelling house for family, one faucet in kitchen.. two or more families in one house, one rate for each family. • • • · · • • • • • • (basis of charge average number of hands employed). · • each additional faucet. Hotel kitchen and laundry faucets each.. billiard tables, each.. sprinkling streets and walks per foot... Ice Cream saloons, season charge. Laundries, first tub each additional tub Manufacturers, drinking and washing only, ten hands or under Manufacturers, drinking and washing each additional hand • · • . D Offices occupied by four persons or under, including one wash bowl . • Offices, each additional person. occupied by four persons or under, obtaining water from hall 02 15 20 25 05 500 50 25 1.00 7 00 to 15 00 700 6 00 30 1 00 7 00 3 00 5 00 7 00 to 15 00 700 2 00 4.00 1.00 15 3 00 to 5 00 7.00 5 00 500 30 500 30 3 00 184 ORDINANCES OF THE i each additional person Printing offices, employing 7 hands or less. each additional hand Photograph galleries wash basin Public bath house, each tub. Pasturage per cow, season May 1st to October 31st. Restaurants, domestic rate, and for each table seating four persons extra Restaurant having bar extra. • • • • • • • • • Stables private one horse including buggy washing. each additional horse · • livery and board each horse. hotel, each stall each vehicle used and washed with hose ex- • • ► • cept private street railways, each stall street railways, each car used. All charges except private based on average occupancy. Saloon, ½-inch faucet each additional faucet billiard tables each. Sprinkling front per foot.. Stores, dry goods and all other classes except drug groceries and butchers, six hands or under... • • • • • • • • • • • • • • • Stores, each additional hand.. Soda water fountains Shops, 10 hands or under, drinking and washing only. each additional hand Sprinkling lawn 4-inch jet 66 feet or less front by 100 feet or less in depth, incluidng one-half the street in front three hours per day..... Sprinkling, each additional foot front. carts, 1 horse use of water not to exceed 3,000 gallons per day, rate per month... . . . Proportionate increase of rates for further consumption. Steam boilers for heating buildings, each horse power.. water to test, per 1,000 gallons.... Steam engines, stationary, each horse power up to ten hours per day engines, over ten horse power, each horse power Schools, private, each scholar... Telephones and telegraph battery rooms. • · • 5 00 to 30 5000 30 6 00 3 00 10 00 1 00 100 5 00 3.00 200 1 00 1 00 1 00 1 00 4 00 +888 7900 300 100 15 6 00 30 7 00 5 00 30 4 00 05 15 00 75 30 150 1 50 50 5 00 to 25 00 ?. CITY OF YPSILANTI. 185 4 I Urinals, private automatic closing. hotel, saloon, restaurant, boarding, eating house or public hall, automatic closing... Wash basins, private hotel, saloon, restaurant, boarding house, eating house or public hall.. Water closets, private, pan or self-closing. double acting valve single acting valve or flowing.. hotel, saloon, restaurant, boarding house or public hall, pan or self-closing...... hotel, saloon, restaurant, boarding house or public hall, double acting valve.... hotel, saloon, restaurant, boarding house or public hall, single acting valve or flowing Warehouses same as stores. Aquariums Bottling Works Breweries Cemeteries • sprinkling per foot front. Dairies Dyers and Scourers Engine and Boiler Makers. Elevators Fountains Greenhouses and Graperies Gardens Gas Engines Gas Works Halls, Public Hotels • Livery Stables Malt Houses Motors Paper Mills Public Buildings Pop Manufacturers Railroad Depots Railroad Engines • · • • Meter Rates. · • · • ► • · + · • • · 2.00 3.00 2.00 3.00 250 4.00 600 3.00 5 00 7.00 15 ↑ 186 ORDINANCES OF THE i Saloons Soap Factories Sprinkling Carts Schools Tanneries Troughs Theaters Urinals private, flowing + . • hotel, saloon, restaurant, boarding house, eat- ing house or public hall, flowing.. public trough…….. Water Closets, continuous flow.. * All rates not herein enumerated shall be estimated by the board and charged proportionate to the water consumed.*† • Sec. 2. All ordinances and parts of ordinances in any manner con- flicting with any of the provisions of this ordinance are hereby re- pealed. • Sec. 3. Any person violating or failing to comply with any of the provisions of this ordinance shall, in addition to all other fines, penalties and forfeitures by this ordinance provided, be punished by a fine not to. exceed fifty dollars, together with the costs of prosecu- tion, and on failing to pay forthwith such fine and costs may be imprisoned in the county jail of Washtenaw county for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 4. This ordinance shall take effect from and after the 22d day of April, A. D. 1898. Made and passed in common council this 11th day of April, 1898. Approved April 15, 1898. P. W. CARPENTER, City Clerk. *See Amendment passed January 16, 1899. †See Amendment passed May 21, 1900. N. B. HARDING, Mayor. I Amendment to Ordinance No. 69. The Common Council of the City of Ypsilanti ordain: Section 1. That ordinance No. 69, made and passed by the Com- mon Council on the 11th day of April, A. D. 1898, being an ordinance relative to the city water supply be and the same is hereby amended in regard to extra faucets and yearly rates and meter rates as follows, to-wit: CITY OF YPSILANTI. 187 Sec. 2. That from and after May 1st, 1899, no charges shall be made for extra faucets and extra closets in any private house occu- pied by but one family. Sec. 3. That from and after May 1st, 1899, the water rate for domestic purposes for each family shall be the sum of three dollars per annum. Sec. 4. That hereafter the meter rate shall be the sum of eight cents per thousand gallons for all amounts used in excess of eight thousand gallons in each six months. Provided, however, that the rates for measured water will be for the first eight thousand gallons or less each term between May 1st and November 1st, and between November 1st and May 1st each year two dollars. Sec. 5. This ordinance shall take effect from and after January 30th, 1899. Made and passed in common council this sixteenth day of January, 1899. Approved January 17th, 1899. Attest: J. E. MCGREGOR, City Clerk. D. L. DAVIS, Mayor. Amendment to Ordinance No. 69. The Common Council of the City of Ypsilanti ordain: Section 1. That ordinance No. 69, made and passed by the common council on the eleventh day of April, A. D. 1898, being an ordinance relative to the city water supply, be amended by substi- tuting the following sections for Section 1, Article VI., and Section 1, Article VIII. Sec. 2. From and after the passage of this ordinance, meters shall be set only upon the order of the board of public works. Sec. 3. From and after the date of passage of this ordinance, all changes, either by increase or reduction, of the water rates shall be made by recommendation of such change by the board of public works and resolution passed by the common council. Sec. 4. This ordinance shall take effect on the second day of June, A. D. 1900. Made and passed in the common council this twenty-first day of May, 1900. Approved May 22d, 1900. Attest: JAMES E. MCGREGOR, City Clerk. H. R. SCOVILL, Mayor. ፦ 188 ORDINANCES OF THE No. 70. An Ordinance Relative to the Licensing of Dogs and Regulating the Running at Large and Slaying of Dogs. The Common Council of the City of Ypsilanti ordain: Section 1. It shall be unlawful for any person to own, possess or harbor, or have the care or keeping of any dog, male or female, over the age of three months, within the city of Ypsilanti, without first obtaining a license therefor from the said city of Ypsilanti. The fee for which (said) license shall be: For a male dog and a spayed female dog, one dollar; for a female dog, two dollars. No license shall be granted for a period exceeding one year, and all licenses shall expire on the first day of May succeeding their issue. Sec. 2. It shall be the duty of every person owning or having the possession or care of any dog, male or female, to cause such dog to be registered in the office of the city clerk, in a register kept by said clerk for that purpose, and to pay the license fee provided in Section 1 of this ordinance, into the city treasury; and also pay a fee of twenty-five cents to the clerk of said city for the issuing and recording such license; also to obtain the city clerk's receipt for said license so paid and the metallic plate or check hereinafter de- scribed, under the penalties herein provided. Sec. 3. It shall be the duty of the clerk of said city to provide such number of metallic plates or checks as may be necessary, of such size and shape as he may deem expedient (the shape of such check or plate to be changed each year), having stamped thereon numbers indicating the year for which the tax is paid, the number of the license and the letters Y. D. T., and to deliver one of these metallic plates to each person so paying for a license upon any such dog. Sec. 4. It shall be the duty of such owner, possessor, keeper or harborer of any such registered dog, to place or cause to be placed around the neck of any such dog, a substantial collar, and on such collar securely to attach or cause to be attached the metallic plate or check so furnished by the clerk of said city; and if any person shall place or cause to be placed upon the collar or around the neck of any such dog, any counterfeit of the metallic plate or check so furnished by the city clerk, or any such metallic plate without the license for the keeping of such dog, having first been paid, he or she will be liable to the penalties herein provided. 1 CITY OF YPSILANTI. 189 -1 4 Sec. 5. It shall be the duty of the pound master of said city to take up and impound any dog, male or female, found running at large, contrary to the provisions of this ordinance, in the city of Ypsilanti, not having a collar around its neck with the metallic plate or check aforesaid attached thereto; and, if said dog shall not be redeemed as hereinafter provided, within four days after such dog shall have been impounded, it shall be the duty of the poundmaster to slay or cause to be slain the same; or if the animal is worthy and valuable the same shall be sold by the poundmaster, at the pound, by public outcry, to the highest bidder, at the hour of noon next succeeding the said four days. All moneys over and above the poundmaster's fees, arising from the said sales, shall be paid to the city treasurer by the said poundmaster within thirty days from said sales. But it is hereby provided, that any such dog so impounded may be re- deemed or taken from such pound, upon exhibiting to said pound- master a receipt of the city clerk, showing that the license in this ordinance imposed has been paid for such dog, and (upon) the pay- ment to said poundmaster of a pound fee of one dollar and the further sum of twenty-five cents per day for each and every day such dog shall have been impounded. Sec. 6. It shall be lawful for any person, and it shall be the duty of the marshal and each patrolman of the city of Ypsilanti, to seize, take up and deliver to the poundmaster any dog, male or female, found running at large in said city in violation of any of the pro- visions of this ordinance. Sec. 7. The poundmaster of said city is hereby authorized to collect the fees provided for in Section 5 of this ordinance, for all dogs impounded, and he shall retain such fees as compensation for his services as poundkeeper under this ordinance: Provided, That when any dog which shall have been delivered to said poundmaster by some person other than the marshal or a patrolman in said city of Ypsilanti, shall have been redeemed in accordance with the pro- visions of Section 5 of this ordinance one-half of such redemption fee shall by said poundmaster be paid to the person who delivered said dog to the poundmaster as provided in Section 6. Sec. S. It shall not be lawful for any owner, possessor or person having in charge or care, a fierce or dangerous dog, to permit or allow the same to go at large at any time in said city, to the danger or annoyance of any of its inhabitants. Whenever any person shall have been convicted of violating the provisions of this section of 190 ORDINANCES OF THE this ordinance, and shall permit or allow such dog to run at large after such conviction, it shall be the duty of the police authorities of said city to kill such dog. Sec. 9. It shall be unlawful for the owner, possessor, keeper or harborer of any licensed female dog, knowingly to permit her to run at large while in heat, and it shall be the duty of the police of said city to seize, take up and deliver to the pound-keeper any such dog running at large in said city at such time. It shall be the duty of the poundmaster to serve upon the owner or keeper of such dog a notice in writing of the impounding of such dog, at once, and any such dog so impounded may be redeemed or taken from such pound by the owner or keeper of such dog within forty-eight hours. after service upon such owner or keeper of said written notice, upon the payment to said poundmaster of the fees as provided in Section 5. In case the owner or keeper of any such dog so impounded shall not have redeemed said dog as herein provided, it shall be the duty of the poundmaster to kill the same, or in case said dog is worthy and valuable the same shall be sold by the poundmaster, at the pound, by public outcry, to the highest bidder, at the hour of noon next succeeding the expiration of said forty-eight hours. 4 Sec. 10. It shall be unlawful for any person to own, keep or har- bor any dog which, by loud and frequent barking, howling or yelping, shall cause serious annoyance or disturbance to any of the citizens of said city. Sec. 11. Whenever any danger shall be justly feared as likely to result from hydrophobia, the mayor shall publish his proclamation requiring all persons owning or having in charge or keeping any dog or dogs, to muzzle them for a prescribed time, and any person who shall omit to muzzle any dog owned or harbored or kept in charge by him, or shall allow such dog to go unmuzzled, shall be liable upon conviction before the proper tribunal, to the punishment provided in Section 13 of this ordinance. During the time prescribed by the Mayor's proclamation, any dog found running at large without a muzzle in said city shall be forthwith slain. Sec. 12. Whenever any person shall been convicted of owning, possessing, keeping or harboring any dog that has bitten any person within said city while peaceably walking or riding without the en- closure of such owner, keeper or harborer, the justice of the peace before whom such person shall have been convicted, shall issue an order in writing directing such owner, keeper or harborer of said dog to kill the same within six hours after service on him of such CITY OF YPSILANTI. 191 order. The owner, possessor, keeper or person having in charge any such dog who shall refuse or neglect to kill it within six hours after having received such order, shall on conviction before the proper tribunal, be liable to the punishment provided in Section 13 of this ordinance, and it shall be the duty of any police officer to de- stroy such dog wherever he shall be found at large in said city six hours after service of said order. Sec. 13. Any person violating any of the provisions of this ordi- nance, shall, upon conviction thereof, be punished by a fine not exceed- ing fifty dollars and cost of prosecution, and in the imposition of such fine and cost, the court may impose a further sentence that the offender be and remain imprisoned in the county jail of Washtenaw county, until such fine and costs have been paid: Provided, that such imprisonment shall not exceed thirty days. Sec. 14. All ordinances and parts of ordinances in any manner conflicting with any of the parts of this ordinance are hereby repealed. Sec. 15. This ordinance shall take effect and be in force on and after the tenth day of May, A. D. 1898. Made and passed in common council this 18th day of April, 1898. Approved April 20th, 1898. Attest: P. W. CARPENTER, City Clerk. N. B. HARDING, Mayor. Amendment to Ordinance No. 70. The Common Council ordain the following sections be added to Ordinance No. 70, and that they be numbered Sections 13 and 14, also that the sections numbered 13, 14 and 15 be changed to numbers 15, 16, 17 respectively: Section 13. Whenever any person shall sustain a loss by the killing or wounding of his sheep or lambs by a dog or dogs, he may call on a disinterested justice of the peace of the city where such killing or wounding occurred, not akin to such person, and not a member of the common council, who shall proceed to view the sheep or lambs so killed or wounded, and if, from such a view, he shall be satisfied that the same were killed or wounded by a dog or dogs he shall make a certificate thereof in writing, stating the amount of damage sustained by such person, and shall deliver the same to the clerk of said city, who shall file the same in his office and record 192 ORDINANCES OF THE it in the records of the city, the said justice shall receive for his services in each case the sum of two dollars, to be paid out of the contingent fund of said city. Sec. 14. At the first meeting of the common council in April of each year, the said council shall examine all certificates of dåmage filed by the clerk, as aforesaid, during the preceding year, and if satisfied that in any case or cases the certified damages are ex- cessive, they may reduce the sum to such amount as they may con- sider just, and may order the payment of all such loss as they may consider just out of said contingent fund. Provided, that no payment of loss shall be made as provided for in this section unless the party applying for the same shall make it appear to the satisfaction of the common council that he has made all due efforts and has not been able to obtain satisfaction therefor from the owner or owners of the dog or dogs which shall have done the damage. Made and passed in the common council of the city of Ypsilanti May fourth, 1900. Approved May 5th, 1960. Attest: EDWARD P. ALLEN, Mayor. JAMES E. McGREGOR, City Clerk. No. 71. An Ordinance for the Protection of Squirrels and Birds Within the Limits of the City of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section 1. It shall be unlawful for any person to shoot, kill, cripple, hunt, chase or in any way injure any squirrel or squirrels within the limits of the city of Ypsilanti: Provided, this section shall not apply to the common red squirrel, Sec. 2. It shall be unlawful for any person to shoot, kill, cripple, hunt or in any way injure any wild birds within the limits of the city of Ypsilanti: Prorided, this section shall not apply to English spar- rows, crows, or hawks. Sec. 3. It shall be unlawful for any person to rob or tear down, injure or destroy the nest of any wild bird within the limits of the city of Ypsilanti: Provided, this section shall not apply to English sparrows' nests. CITY OF YPSILANTI. 193 Sec. 4. Each and every bird or squirrel shot, killed, crippled, hunted, chased or injured, and each and every bird's nest robbed, torn down, injured or destroyed in violation of any provision of this ordinance shall constitute a. separate and distinct offense. Sec. 5. Any person violating any of the provisions of this ordinance shall, on conviction thereof, be punished by a fine not exceeding twen- ty-five dollars and costs of prosecution, and in the imposing of such fine and costs the court may impose the further sentence that the offender be and remain imprisoned in the common jail of Washtenaw until such fine and costs shall have been paid: Provided, the term of such imprisonment shall not exceed the period of thirty days. Sec. 6: This ordinance to take effect August fifteen, 1898. Made and passed in common council this first day of August, 1898. Approved August 2, 1898. Attest: W. S. CARPENTER, Deputy City Clerk. D. L. DAVIS, Mayor. No. 72. An Ordinance to Regulate the Use of Bicycles and Other Vehicles on the Public Streets Within the Limits of the City of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section 1. No Bicycle or other vehicle shall be driven at a rate of speed to exceed eight miles per hour upon any street within the limits of the city of Ypsilanti. Sec. 2. No person or persons shall ride any bicycle or other vehicle on the sidewalk with the limits of the city of Ypsilanti. Sec. 3. All vehicles turning a corner towards the right shall keep close to the curb. All vehicles turning a corner to the left shall leave room for another to pass between them and the curb. Sec. 4. All bicycles and other vehicles shall slack up at all cross walks when there are pedestrians passing upon them. Sec. 5. All bicycles and other vehicles shall turn to the right on meeting other vehicles. ORDINANCES OF THE 194 Sec. 6. Not more than three (3) bicycles nor more than two (2) carriages shall be driven abreast on any street within the limits of the city of Ypsilanti. Sec. 7. All bicycles shall be provided with bells and the same shall be rung upon the approach of street crossings, when there is danger of bicycles colliding with pedestrians; pedestrians at all times to be given the preference to the use of crosswalks. Sec. 8. Any person violating any of the provisions of this ordi- nance shall be punished by a fine not to exceed fifty dollars, together with the costs of prosecution, and on failing to pay forthwith such fine and costs, may be imprisoned in the county jail of Washtenaw county, for any term not exceeding ninety days, unless payment thereof be sooner made. Sec. 9. Ordinance number 66, being an ordinance to regulate the use of bicycles and other vehicles on the public streets within the limits of the city of Ypsilanti, is hereby repealed. Sec. 10. This ordinance shall take effect from and after the twen- tieth day of December, 1898. Made and passed by the common council this fifth day of Decem- ber, 1898. Approved December 6th, 1898. Attest: J. E. MCGREGOR, City Clerk. D. L. DAVIS, Mayor. No. 73. An Ordinance Relative to the Construction and Maintenance of a Street Railway in the City of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section 1. That permission and authority be and the same is hereby granted and vested in Robert W. Hemphill and Henry P. Glover, of the city of Ypsilanti, Michigan, their associates, successors and assigns, to be hereafter organized into a street railway corporation under the laws of the state of Michigan, and to such corporation, its successors and assigns, grantees herein, to locate, establish, construct, operate and maintain a street railway upon the street and avenue hereinafter specified, within the city of Ypsilanti, with necessary CITY OF YPSILANTI. 195 1670 and convenient tracks to connect with the Detroit, Ypsilanti and Ann Arbor Railway, for turnouts and for side tracks and switches; and to run and maintain thereon railway cars for the carriage of passengers, baggage, packages, express and mail for thirty years from date hereof, subject to the conditions hereinafter specified. Sec. 2. The street and avenue of said city to be occupied as provided in section one of this ordinance shall be Congress street, from the tracks of the Detroit, Ypsilanti and Ann Arbor Street Rail- way Company, where the same crosses Congress street west, to its intersection with Chicago avenue, and on Chicago avenue from its intersection with Congress street west, to the west city limits. Sec. 3. The tracks of said railway shall be four feet eight and one half inches gauge, the trolley poles in said street shall be of iron as far west as the west side of Adams street, and the rest of poles to the city limits, west, shall be of cedar properly painted to be replaced by iron poles, as fast as the city paves the said street and avenue. The location and grade of said tracks, turnouts, switches and side tracks, shall be as ordered by the common council at the time of laying the tracks of said street railway upon said street and avenue; and the said grantees, their associates, successors and assigns, at the time of such laying of said tracks, shall plank the space between the rails and the space for eighteen inches outside the same with three inch plank, in front of all business places and street intersections, and they shall maintain the same, and in the event of the said street or avenue being paved by said city, then the said grantees, their asso- ciates, successors and assigns, shall at the same time pave with the same material as used in the street or avenue adjoining their tracks, that portion of said street or avenue lying between the rails of said tracks and eighteen inches on the outside of such rails and maintain the same. Sec. 4. Said grantees, their associates, successors and assigns shall also remove or level all ridges or banks of snow or ice that shall fall or be formed upon or between the rails and two and one half feet outside their tracks; such snow and ice as is removed as aforesaid shall be evenly distributed over the surface of the street as shall least obstruct public travel thereon; and in case the city council shall deem it necessary to, and does remove at any time a portion of the snow, from any street, through which the said grantees, their asso- ciates, successors and assigns may be operating their street railway, then and in that case the said grantees, their associates, successors and assigns shall bear so much of the expense thereof, determined on 196 ORDINANCES OF THE 1 the basis of the proportion of the width of the street occupied by the track or tracks as compared with the whole width of the streets; and if said grantees, their associates, successors and assigns shall neglect to obey any order which the city council shall make in relation to such affair, or any order relative to any repairs of the streets which by the provisions of this ordinance they are obliged to make, the said city council shall cause the same to be made and collect the expense thereof from the said grantees, their associates, successors and assigns: Provided, that the grantees, their associates, successors and assigns may deposit or sprinkle salt upon the tracks of their railway at all switch points, curves and turntables, and at and upon other portions of said tracks. The salt in all cases to be deposited or sprinkled on the surface of the rails only, and in such moderate quantities and in such manner as to least impair the use of said streets for public travel: Providing they shall keep the space between the tracks and two and one half feet each side of tracks within the city limits in good repair and free from dirt, rubbish, weeds and other obstructions. Sec. 5. The said street railway to be constructed, operated and maintained under this grant shall be operated by the overhead trolley wire system of electricity, or such other manner of operating with electricity as may be feasible, or by such other modern rapid power as said grantees, their associates, successors and assigns may from time to time deem expedient; provided, however, that steam power shall not be used within said city without the con- sent of the common council. The cars and other equipments shall be comfortable and sufficient for the accommodation of the public. The cars of said grantees, their associates, successors and assigns shall at all times be entitled to the tracks, and any vehicle on said tracks shall turn out without delay so as to leave said tracks unob- structed. Provided, however, that this section shall not apply to fire apparatus, engines, trucks or carts, which shall at all times be entitled to the streets and tracks as hereinafter provided. Said grantees, their associates, successors and assigns shall be entitled to haul trains for construction, freight, or other purposes for general traffic, provided the same shall not interfere with the regular pas- senger traffic. Sec. 6. Nothing in this ordinance shall be SO construed as to prevent the common council from authorizing the laying of water or gas pipes, sewers or other conduits or the repairing of the same, and the grantees, shall have no claims of damages therefor against the city, CITY OF YPSILANTI. 197 or against any water or gas or electric light or power company or telephone or telegraph company, provided the work of laying such water or gas pipes, or sewers or other conduits or the repair thereof shall be done in such a manner as not to unnecessarily damage or injure such railways or their use. Sec. 7. The fare to be charged for the carriage of any single pas- senger for one continuous trip over said railway within the limits of said city shall not exceed the sum of five cents, and transfer shall be given without extra charge in case of consolidation with the Detroit, Ypsilanti and Ann Arbor railway, or any other railways which may be built within the said city. Sec. 8. The rate of speed of car or cars on said railway shall not exceed ten miles per hour. All agents and employes engaged in operating said railway shall be sober, careful persons and attentive to the wants of all patrons of said railway, and no conductors shall knowingly permit any aged or infirm person, woman or child to go from or get upon a car while the same is in motion, and it shall be the duty of all agents, conductors or motormen to keep vigilant watch for all vehicles, trains and pedestrians and for all obstructions on the tracks and to exercise due care to avoid collisions. Conductors may prohibit disorderly persons under the influence of liquor, from entering the car, and shall have the right to eject such persons therefrom, using therefor as little force as possible, and may call on local peace officers to render such aid as may be necessary; and it shall be the duty of such officers to render such aid. Sec. 9. All cars shall be at all times entitled to the track and work trains or construction trains may be run upon said railway before the opening of the line for traffic and at such times thereafter as shall not interfere with the regular business of the line; provided, however, that this section shall not apply to any fire apparatus, engines, trucks or carts, nor be so construed as to prohibit the laying of hose across the tracks of said railway, nor standing of fire engine, trucks, or carts thereon; and provided further, that a street car shall come to a full stop and remain in such position upon the approach, from any direction of any fire apparatus while proceeding to a fire or in the direction from whence an alarm of fire has been given until such apparatus shall have passed such car, and the conductor or motorman of any car who shall neglect or refuse to comply with this provision shall be punished by a fine of twenty- five dollars together with the costs of prosecution upon conviction → 198 ORDINANCES OF THE thereof, before any justice of the peace of said city, and on failure to pay forthwith such fine and costs may be imprisoned any term, not exceeding ninety days, in the county jail for Washtenaw county, unless payment thereof be sooner made. Provided, also, that no car shall be allowed to stop on crosswalks or in front of any intersec- ting streets, except to avoid collision or prevent damage to persons or property in the streets. And when the conductor or motorman of any car is required to stop at the intersection of streets to receive or leave passengers, the cars shall be stopped so as to leave the rear platform very slightly on the crossing. Sec 10. By the acceptance the permission and authority hereby given and granted, the said grantees, their associates, successors or assigns hereby agree to indemnify and save harmless the said city of Ypsilanti from all loss or expense to which it may be sub- jected for any damage or destruction or injury that may be done to or suffered by any one, in his, her or its person or property by reason of the construction or operation of said railway, or by the use of the motive power thereon, or by the reason of any negligence, carelessness or omission of said grantees, their associates, succes- sors or assigns, or any of their officers, agents, or servants; and the said grantees, their associates, successors and assigns shall be liable to said city of Ypsilanti for all costs and damages suffered by or recovered against it in consequence of any act, neglect or default of said grantees, their associates, successors or assigns, or from a breach by their officers, agents, or servants, of any of the provisions of this ordinance. Sec. 11. The common council shall hereby reserve all rights to make further rules, orders and requirements as may from time to time be deemed necessary to protect the interests, safety, welfare and accommodation of the public in relation to said railway, not inconsistent with the provisions of this ordinance; but they shall not reduce the rate of fare herein provided for, or alter or repeal section one of this act. 1 Sec. 12. If the said grantees, their associates, successors or as- signs, shall at any time hereafter fail or neglect or refuse to regularly run cars for a period of sixty days unless occasioned by acts over which they have no control or fail to comply with the provisions of this ordinance or any section thereof, or shall refuse, fail or neglect to observe, keep and obey such rules, orders and requirements as said city council may from time to time make, prescribe or ordain, to protect the interests, safety, welfare or accommodation of the 旮 ​CITY OF YPSILANTI. 199 public in relation to said railway, or the streets through which the same passes, except as herein otherwise provided, then after sixty days' notice, the rights, privileges, interests, permission and authority hereby granted shall henceforth cease, and be forfeited, and the said city of Ypsilanti be entitled to take possession of the streets over which the said railway shall run, and also to hold possession of the property of said company, such as tracks and cars and electrical appliances, as security that said company will leave said occupied streets in good condition for travel with such kind of improvements is may exist at the time said company ceases to comply with the provisions of this ordinance, and of the said grantees, their associates, successors and assigns vacates any street or parts of streets, the said grantees, their associates, successors and assigns shall imme- diately repair so much of said street, and make it as good as the balance of said street. Sec. 13. The said railway shall be constructed and put into operation on or before the first day of April, 1900. Sec. 14. The terms, conditions and agreements contained in this ordinance shall constitute a valid and binding contract between said city of Ypsilanti and said grantees, their associates, successors and assigns, and this ordinance shall take effect ten days after its ac- ceptance in writing by said grantees, their associates, successors or assigns, if said acceptance be filed with the city clerk of said city of Ypsilanti within two months after the date of its passage; other- wise this ordinance shall be null and void at option of the common council. $ Made and passed in common council this twenty-fifth day of Feb- ruary, 1899. Approved February 27th, 1899. Attest: J. E. MCGREGOR, City Clerk. D. L. DAVIS, Mayor. No. 74. An Ordinance to Create the Office of Keeper of the City Lock-Up and Defining His Duties. The Common Council of the City of Ypsilanti ordain: Section 1. The mayor is authorized to appoint a keeper for the city lock-up, to hold his appointment at the discretion of the mayor. 200 ORDINANCES OF THE Sec. 2. It shall be the duty of such keeper to reside in the build- ing and to securely keep any person committed thereto by lawful authority, for such time as is lawful. Sec. 3. The city shall not be liable to such officer for any addi- tional fees or expenses by virtue of this ordinance. Sec. 4. This ordance shall take effect from and after its passage. Made and passed by the common council this fifteenth day of May, A. D. 1899. Approved May 17th, 1899. Attest: ¦ } EDWARD P. ALLEN, Mayor. JAMES E. McGREGOR, City Clerk. No. 75. An Ordinance to Provide for Special Watchman and Defining Their Duties. The Common Council Council of the City of Ypsilanti ordain: Section 1. The mayor is authorized to appoint not to exceed ten officers to be known as special watchmen. Sec. 2. Said officers shall serve without pay, and be removed at the discretion of the mayor. Sec. 3. Said officers shall have the power of the city marshal to arrest all disorderly persons, or persons caught in the act of com- mitting crimes or misdemeanors, and shall forthwith bring such arrested persons before a justice of the peace in said city, who shall dispose of each case as the statute or any ordinance shall authorize. Sec. 4. This ordinance shall take effect on and after its passage. Made and passed by the common council this fifteenth day of May, A. D. 1899. Approved May 17th, 1899. Attest: JAMES E. MCGREGOR, City Clerk. EDWARD P. ALLEN, Mayor. CITY OF YPSILANTI. 201 No. 76. An Ordinance Granting to Washington I. Robinson, of Detroit, Michi. gan, His Heirs, Successors, or Assigns, the Right to Build, Construct, Maintain and Operate a Street Railway on Certain Streets, Highways and Public Places in the City of Ypsilanti, Washtenaw County, State of Michigan. Ordinance not accepted by grantee. No. 77. An Ordinance Relative to Smoke Nuisance. The Common Council of the City of Ypsilanti Ordain: Section 1. The emission from any chimney or smokestack within the city of dense smoke, or smoke containing soot or other substances in sufficient quantity to permit the deposits of such soot or other substances on any surface within the corporate limits of the city shall be deemed and is hereby declared a public nuisance. Sec. 2. Any owner, agent, lessee, or manager of any building, locomotive or other structure in the city of Ypsilanti, who shall cause or permit dense smoke or smoke containing soot or other substance as above, to be emitted from such structure, or from any other place which said soot or other substance shall damage the property or injure the health of any person, or shall specially annoy the public; on the complaint of any person so damaged or injured as aforesaid, or on the complaint of any officer of the city, shall on conviction be liable for each and every offense to a fine of not less than ten dollars nor more than one hundred dollars, or to imprisonment in the county jail of the county of Washtenaw, not less than ten days nor more than thirty days, or to both such fine and imprisonment, in the discretion of the court. Sec. 3. The provisions of this ordinance are to apply only when either the owner, agent, lessee or manager of the property on which the said nuisance shall be located shall have been given ten days' notice, to abate said nuisance, by the city attorney. Sec. 4. This ordinance shall take effect on the eighth day of March, A. D. 1900. 202 ORDINANCES OF THE A Made and passed in the common council in the city of Ypsilanti, February eighth, 1900. Approved February 20th, 1900. Attest: JAMES E. MCGREGOR, City Clerk. EDWARD P. ALLEN, Mayor. No. 78. An Ordinance Relative to the Operation of Street Railway Cars and the Sprinkling of Street Railway Tracks in the City of Ypsilanti. The Common Council of the City of Ypsilanti ordain: Section 1. On any street railway within the city limits of the city of Ypsilanti no conductor, motorman or other person in charge of any car used or operated upon such track shall permit such car to go a faster rate of speed than ten miles an hour within said city limits. Sec. 2. Every car operated or run on any street railway track within the city shall be provided with a bell or gong, which the motorman, conductor or person in charge of said car shall ring or cause to be rung on the approach of said car to any street intersection. Sec 3. Every car operated or run on any street railway track within the city shall stop at every street intersection for the purpose of taking on or letting off passengers, when requested to do so by the usual sign. Sec. 4. No car shall be permitted to stand in any street, on any street railway track in the city for a longer period than three minutes, except in case of accident, when it shall be moved at the earliest possible moment. Sec. 5. Any conductor, motorman or, person in charge of any car who shall violate any of the foregoing sections shall be punished by a fine of not to exceed fifty dollars, together with the costs of prosecution, and on failing to pay forthwith such fine and costs, may be imprisoned in the county jail of Washtenaw county for a period of not to exceed ninety days, unless payment thereof be sooner made. J CITY OF YPSILANTI. 203 1 Sec. 6. It shall be the duty of the manager or superintendent of every street railway company or corporation operating a street railway within the city to see that every street traversed by said street railway shall be sprinkled between the tracks and eighteen inches on each side, provided, however, that this shall apply only to such streets or parts of streets as are kept sprinkled by a street sprinkler. Sec. 7. Any manager or superintendent of any street railway who shall violate any of the provisions of the last foregoing section, shall be punished by a fine not to exceed fifty dollars, together with the costs of prosecution, and on failing to pay forthwith such fine and costs may be imprisoned in the county jail of Washtenaw county for a period of not to exceed ninety days. Sec. 8. This ordinance shall take effect from and after the second day of April, 1900. Made and passed in the common council of the city of Ypsilanti, Michigan, this nineteenth day of March, A. D. 1900. Approved March 20th, 1900. Attest: James E. McGregor, City Clerk. EDWARD P. ALLEN, Mayor. No. 79. An Ordinance Relative to the Construction of Sidewalks and to Repeal Ordinance Number 44, Entitled, "An Ordinance Relative to the Construction of Sidewalks," Made and Passed in the Common Council the Seventeenth Day of Sep- tember, 1888, and Amended November Twenty-seventh, 1891. The Common Council of the City of Ypsilanti ordain: Section 1. That the sidewalks on the several streets shall be, and the same are hereby established of the following width, unless otherwise authorized by resolution of the common council, to-wit: On Congress street, between the river and Adams street, fifteen feet; Cross street, between the railroad and Rice street, eleven feet, and on all other streets ten feet. 204 ORDINANCES OF THE Sec. 2. That all sidewalks hereafter laid, constructed or re- paired in the city of Ypsilanti, shall be under the direction of the common council, and whenever it appears necessary to the common council to have any walk graded, constructed or repaired, it may order the street commissioner to cause the same to be done, and it may direct that the same to be constructed of stone, flagging, cement, concrete, coal tar, pine, hemlock or oak plank, and in the manner described in the following sections of this ordi- nance. ! Sec. 3. All sidewalks hereafter laid in front of any business property in said city shall be of stone flagging, or cement concrete, in all cases whereby the terms of this ordinance the width of the walk shall exceed six feet. Sec. 4. The order for construction shall be in the form of a resolution, and shall set forth the street or streets, upon which it is to be constructed, the width, its termination, material, the number of the abutting lot or name of owner or occupant thereof, and the time in which the same shall be completed, which time shall not be less than ten days. Sec. 5. All sidewalks constructed of stone flagging, shall be laid upon six inches of clean, clear sand, and the flagging shall not be less than three inches in thickness, not less than three feet square and dressed even on the sides, so as to form close and even joints. Curb stone shall be laid for the purpose of supporting the flagging, and such curb stones shall not be less than thirty inches in length, four inches thick, and eighteen wide throughout, the top of the stone to be beveled so as to correspond with the inclination of the sidewalk, which shall be one in every six feet from inside of walk to curb, the front of curbing to be cut smooth, the ends to be square. Such curb stone to be set perpendicular and in conformity to the estab- lished grade, and upon a proper curve at the intersection of streets and alleys. Sec. 6 All excavating for cement and coal tar walks shall not be less than twelve inches, and for cement walks over six feet in width, thirteen inches. Sec. 7. The foundation of all cement walks six feet or less in width shall consist of not less than eight inches of good, clean, hard cinders, or clean, coarse gravel, thoroughly rammed and brought to a uniform surface four inches below the grade, or top of finished CITY OF YPSILANTI. 205 walk. Upon this shall be laid a bed of concrete three and one-fourth inches thick; and upon this shall be laid a top finishing course three- fourth inches thick. The foundation of all cement walks over six feet in width shall consist of not less than nine inches of good, clean hard cinders, or clean, coarse gravel, thoroughly rammed and brought to a uniform surface four inches below the grade or top of finished walk; upon this shall be laid a bed of concrete three and one-fourth inches thick; and upon this a top finishing course one inch thick. The concrete for all walks shall be made as follows: Namely, One part of Portland cement, one of clean, sharp sand, and four parts of small broken stones, or clean, coarse gravel, which shall be thor- oughly rammed until the interstices are filled and free mortar appears on the surface. The top finishing course of all cement walks shall be made as fol- lows: namely One part of Portland cement and two parts of clean, sharp sand, or fine screened gravel, thoroughly mixed both wet and dry, the least practicable quantity of water being used in the wet mixture, and the same to be evenly and smoothly spread. Joints shall be so made that no stone shall have more than thirty feet or superficial area. All cement used must be of an approved brand of Portland cement. All materials shall be of the best quality. The mixing, laying and compacting shall be done in the most approved and thorough manner. The walks shall be kept wet and covered for the period of six days after being laid. Whenever the construction of a cement walk shall be ordered by the common council, one third of the expense of said walk shall be paid by the city of Ypsilanti, and two-thirds thereof, by the abutting property owner or owners. Any person desiring to have a cement walk constructed in any street in this city, shall make written application to the common council, stating therein the length, breadth, and exact location of such sidewalk, and shall deposit with the city clerk two-thirds of the cost of constructing the same, and all applications so made shall be approved, modified or rejected by the common council in the order of their filing. All cement walks hereafter constructed in any street of this city shall be constructed by, or under, the supervision of a competent person selected and appointed by the common council, who, upon the completion of any such sidewalk, shall certify in writing over his signature and upon oath, that such sidewalk has been constructed 206 ORDINANCES OF THE in strict compliance with the requirements of this ordinance and the specifications herein set forth, together with the true and item- ized statement of the cost of construction of such sidewalks. Whenever any cement sidewalk shall have been constructed in compliance with the provisions of this ordinance, one-third of the expense thereof shall be paid by the city of Ypsilanti, the balance by the owner of the lot in front of, or adjacent to which, such walk shall have been constructed, and thereafter such walk shall be main- tained by such owner without expense to the said city of Ypsilanti. It shall be the duty of the city clerk to, and he shall, keep a true and accurate record book of all sidewalks hereafter constructed under the provisions of this ordinance. All sums paid by the city of Ypsilanti for the construction of cement walks, pursuant to this ordinance, shall be paid from the sidewalk fund of said city. The provisions of this ordinance relative to the payment of one- third the cost of the construction of cement sidewalks shall not apply to or be binding upon the said city for the construction of any such walk abutting any property owned by the state of Michigan, school district No. 4, church property, nor any other property which is, by law, exempted from the payment of taxes. All cement walks hereafter constructed under the provisions of this ordinance, if constructed under contract, shall be guaranteed for five years, under bonds to be executed by such contractor in such form and amount and sufficient sureties as the common council shall direct, and such bonds shall be approved by said council. Sec. 8. Coal tar walks shall have an excavation to the depth of twelve inches, and the same foundation as cement walks, of clean hard cinders or clean coarse gravel, tamped solid and evenly, to with- in four inches below the grade, or top of finished walks; upon this shall be placed the concrete course of four inches, composed of coarse sand and fine gravel thoroughly mixed with coal tar by shoveling and turning not less than three times before being put upon the walk; the walks shall be rolled cross wise until it has a gradual crown of three-fourths of an inch from curbing to the center; on this shall be put, with a brush, a coat of clean coal tar, and when dry, another heavy coat of clean coal tar, and upon this shall be sifted so much clean sand as will adhere to the tar; such walks shall then be well protected until sufficiently solid to be walked upon. CITY OF YPSILANTI. 207 All curbing for coal tar walks shall be of 2x4x8 paving brick. Sec. 9. All brick walks shall be of the best vitrified brick, well selected and laid on at least eight inches of good sand ballast brought to the grade of the street and pitch of the walk, and when laid, pounded down with a light rammer, using a board between the pounder and brick. Sec. 10. Plank sidewalks shall be constructed of good pine, hemlock, or oak plank laid cross wise of the walk, and not less than one and one half inches in thickness, nor more than twelve inches wide, on oak or cedar sleepers, not less than four inches square, to to placed not more than three feet apart, and the plank securely spiked down. Sec. 11. When the street commissioner shall, by an by an order or resolution of the council, construct, grade or repair any sidewalk, he shall make an account thereof, stating where said sidewalk was con- structed, graded or repaired, and, in front of whose premises, and the expense thereof, and shall present the same to the council, and they shall order the said account to be cancelled by drawing an order upon the treasurer for the amount thereof, and charge the person or persons in front of whose premises the same was constructed, graded or repaired, the amount of the account, less such portion, if any, to be paid by the city, together with a collection fee of 10 per cent added to said account. Provided, however, that if the person against whom the cost of such walk or walks is charged shall pay the same within sixty days, then such collection fee shall not be charged. Sec. 12. It shall be the duty of the clerk to certify to the super- visor of the district in which any such sidewalk was constructed all delinquents, whether a resident or non-resident, in carrying out the provisions of this ordinance, the names of such delinquent, if known, the amount with which each has been charged, and the description of the property on which, or adjacent to which, a walk or walks was constructed, which amount, by said supervisor, shall be assessed against such delinquents respectively, and collected as and with the general tax of said city. Sec. 13. Ordinance No. 44, entitled, "An Ordinance Relative to the Construction of Sidewalks and to Repeal Ordinance No. 19, entitled 'An Ordinance Relative to the Construction of Sidewalks, Made and 208 ORDINANCES OF THE + Passed in the Common Council the twentieth day of February, 1882,' made and passed the seventeenth day of September, 1888," is hereby repealed. Sec. 14. This ordinance shall take immediate effect. Made and passed in common council the fifth day of June, A. D. 1901. Approved the tenth day of June, 1901. Attest: W. E. MCLEOD, City Clerk. O. E. THOMPSON, Mayor. ? No. 80. An Ordinance Relative to the Licensing of Draymen and to Regulate the Use of Drays. The Common Council of the City of Ypsilanti ordain: Section 1. Every sleigh and every cart, truck, wagon, dray, or other vehicle,having two or more wheels, which shall be kept, used, driven or employed for the transportation or conveyance of anything whatsoever, from jlace to place within the city of Ypsilanti, for hire, shall be deemed a "public dray," within the meaning of this ordinance, and no person shall hire or keep for hire any such public dray without a license therefor from the mayor or city clerk, as hereinafter pro- vided. Sec. 2. The mayor or city clerk is hereby authorized to grant a license to any resident of the city of Ypsilanti to keep, maintain and operate a public dray in and within said city, on such person paying for every dray so licensed as follows: For every dray drawn by one horse or other animal, five dollars per year; and for every dray drawn by two horses, or other animals, eight dollars per year; and also on condition that such licensee do execute and deliver to the city of Ypsilanti, for the use of said city, and of all persons injured in person or property, a bond with sufficient surety, to be approved by the mayor or clerk, in the penal sum of two hundred dollars ($200.00), conditioned that such licensee, his agents and servants shall at all times abide by the ordinances of said city, and shall well and faithfully do and perform all and singular of his duties as a common carrier of property, and shall pay to any person or persons injured by such licensee, his, her or their agents, or servants, all CITY OF YPSILANTI. 209 such damages as such person shall sustain by reason of any neglect or wrongful act of said licensee, his, her or their servants, agents or employees. Sec. 3. Every driver of any public dray shall wear a badge in some conspicuous place upon his person upon which, in plainly, legible characters, the number of his vehicle shall be displayed, and no person, unless he wears such badge, shall procure baggage or charge and receive any fee for the use of such public dray. Said badge shall be furnished at the expense of the city. Sec. 4. Every person licensed to use any cart, truck, wagon or other vehicle for the transportation of any property for hire within the city of Ypsilanti, shall be allowed to charge the following rates for such transportation: For each load conveyed by dray drawn by one horse, or other animal, to any part of the city, seventy-five cents. ($0.75); for each load conveyed by dray drawn by two horses, or other animals, to any part of the city, one dollar ($1.00); for con- veying any single article to any part of the city, twenty-five cents ($0.25). And no greater sum shall be demanded and received unless by previous agreement of the parties interested. Sc. 5. No drayman or person having a dray in charge, shall drive or back the same on any sidewalk, or stop the same on any crosswalk, so as to obstruct or hinder travel, or place the same cross wise of any street or alley, except in loading or unloading, and not then for a greater length of time than is necessary for such purpose. Sec. 6. Any person violating any of the provisions of this ordi- nance shall, upon conviction thereof, be punished by a fine, not ex- ceeding fifty dollars ($50.00), and costs of prosecution, and in the imposition of such fine and costs the court may impose a further sentence that the offender be and remain imprisoned in the county jail of Washtenaw county until such fine and costs have been paid. Provided, that such imprisonment shall not exceed thirty days. Sec. 7. All ordinances and parts of ordinances in any manner conflicting with any of the parts of this ordinance are hereby re- pealed. Sec. 8. This ordinance shall take effect and be in force on and after the sixteenth day of October, 1903. Made and passed by the Common Council this fifth day of Octo- ber, 1903. Approved the sixth day of October, 1903. Attest: W. E. MCLEOD, City Clerk. C. R. HUSTON, Mayor. ORDINANCES OF THE 210 No. 81. An ordinance to Regulate Runners, Peddlers, Hackmen, Draymen, and to Regulate Jumping on Trains, Cars, or Locomotives, and to Prevent Disturbances on Railroad Premises. The Common Council of the City of Ypsilanti ordain: Section 1. No person shall peddle or expose for sale any candy, fruit or vegetables, or other articles of traffic or merchandise in any depot, passenger house, freight house, or railroad car, nor upon any premises owned or occupied by a railroad company within the cor- porate limits of the city of Ypsilanti, without the written permit of the superintendent of the railroad company or the station agent of the same. Sec. 2. No hotel runner, hackmen, drayman, or other person shall solicit custom for any hack, hotel, dray or livery, upon any premises, or within any building, railroad car, or grounds of a railroad company within the limits of the said city, except at such place or places as shall be designated by the station agent of the railroad company. Sec. 3. No person shall be boisterous or quarrelsome, nor shall make any noisy disturbance upon any premises, or within any building, railroad car or grounds of a railroad company within the limits of said city. Sec. 4. No person, except railroad employes, shall jump or step on board any railroad train, car or locomotive, for the purpose of riding and jumping off, or riding from one point to another, within the limits of said city. Sec. 5. Any person violating any of the provisions of this ordi- nance, shall, upon conviction thereof, be punished by a fine not ex- ceeding twenty-five dollars ($25.00) and costs of prosecution, and in the imposition of such fine and costs the court may impose a further sentence that the offender bo and remain imprisoned in the county jail of Washtenaw county until such fine and costs have been paid. Provided, that such imprisonment shall not exceed thirty days. Sec. 6. All ordinances, and parts of ordinances in any manner conflicting with any of the parts of this ordinance are hereby repealed. Sec. 7. This ordinance shall take effect and be in force on and after the twentieth day of November, 1903: CITY OF YPSILANTI. 2II A Made and passed by the common council this second day of No- vember, 1903. Approved November 3, 1903. Attest: W. E. MCLEOD, City Clerk. No. 82. An Ordinance Relative to Blank Cartridges or Caps, Dynamite Canes, Cannon Crackers, Toy Pistols, and Other Fire Works and Explosives, C. R. HUSTON, Mayor. The Common Council of the City of Ypsilanti ordain. Section 1. No person shall within the limits of the city of Ypsilanti buy, carry in stock, sell, use or explode, or cause to be exploded any blank cartridges and caps in any form, dynamite canes, cannon crackers, or pistols of any kind used for the explosion of dynamite caps, dynamite cartridges, or blank caps or cartridges in any form. Sec. 2. It is hereby made the duty of the city marshal or chief of police, or any policeman, special police, and all other police officers of the city of Ypsilanti, to enforce the provisions of section one of this ordinance and to arrest any person violating the same. Sec. 3. Any person violating any of the provisions of this ordi- nance shall, upon conviction thereof, be punished by a fine, not ex- ceeding fifty dollars, and costs of prosecution, and in the imposition of such fine and costs the court may impose a further sentence that the offender be and remain imprisoned in the county jail of Washtenaw county for a period of not to exceed ninety days, unless payment there- of be sooner made. Sec. 4. This ordinance shall take effect and be in force on and after the third day of July, 1904. Attest: Made and passed by the common council this twentieth day of June, 1904. Approved June 21, 1904. S. DAMON, City Clerk GEO. M. GAUDY, Mayor. 212 ORDINANCES OF THE No. 83. An Ordinance Relating to Parks and Defining Duties of Board of Park Commissioners. The Common Council of the City of Ypsilanti ordain: Section 1. All real estate now owned by the city of Ypsilanti and dedicated to park purposes, including all properties, buildings and im- provements of every kind connected therewith, together with all property that may hereafter be acquired for park purposes and shade trees shall, subject to the general direction of the common council, be under the control of the board of park commissioners of the city of Ypsilanti. The members of said board shall devote all the time necessary to a proper discharge of the duties of their offices, and shall serve without pay. At the first meeting of the said board after the first Monday in May of each year, after the year 1905, the member whose term of office shall soonest expire shall be president of the board for that year. Sec. 2. It shall be the duty of said board to prepare and submit to the common council for its ratification or amendment, on or before the third Monday in May each year, estimates for the care, mainte- ance, improvements or extensions of the said parks. Such estimates shall specify in detail the objects of the expenditures, the sum de- sired for each and any special reasons the board may have for de- siring the same. Sec. 3. The said board shall pay to the city treasurer all moneys received from any source relating to said parks, who shall receive said moneys and place the same in a fund to be called the park fund. All expenses incurred by the board on account of parks shall be passed upon by it, certified to by the president thereof, and filed with the city clerk, who shall certify the same to the common council for pay- ment. Sec. 4. No debt or liability of any kind shall be created by said board on account of the parks in excess of the annual budget, and money in said park fund, unless specifically authorized to do so by the majority vote of the common council. The said board may accept donations or bequests of money or property, which shall be used for the maintenance and improvements of said parks as contemplated by such donation or bequest. Sec. 5. Said board, subject to the general direction of the common council, shall have power to engage or appoint all employes on the CITY OF YPSILANTI. 213 * parks and fix their compensation. It shall have power to appoint a superintendent of parks, who shall not be a member of said board, and fix his salary. Such superintendent shall hold his position during the pleasure of said board. Sec. 6. Said board shall have control over all improvements in any of said parks; also the construction of all public buildings and the maintenance thereof within said parks, and the care and trimming of all shade trees within same. Sec. 7. The said board may make all needful rules and regulations for the management, maintenance and care of parks and regulate their use. Sec. 8. The said board shall classify the various works under its control, and keep an accurate account of the cost of each, and of the amounts expended for the construction, repairs, superintendence and salaries of employes, and also, detailed accounts of all other matters under its charge and control, and upon the first Monday in May in the year 1906, and on the first Monday in May in every year thereafter, and oftener if required by the common council, shall submit to it a statement, showing in detail, the progress and condition of all the public improvements commenced or carried forward by said board, the character and amounts of all contracts made by the board; the moneys earned and paid thereon, and all other information necessary to the full understanding of the business conducted by said board. Sec. 9. All property on which is situated buildings under control of the board of public works shall remain under the control of said board of public works. Made and passed by the common council this nineteenth day of June, 1905. Approved June 20, 1905. Attest: S. DAMON, City Clerk. GEO. M. GAUDY, Mayor. No. 84. An Ordinance to Regulate the Presence of Children Under Sixteen. Years of Age Upon the Streets or Public Places of the City of Ypsilanti After Certain Hours of the Night, and Pro- viding for a Signal or Warning Indi- cating Curfew Hours. The Common Council of the City of Ypsilanti ordain: Section 1. That it shall be unlawful for any person under the age of sixteen years to be or remain in or upon any of the streets, 214 ORDINANCES OF THE alleys or public places in the city of Ypsilanti after the hour of nine o'clock p. m. from March first to August thirty-first inclusive of each year, and from September first to March first inclusive of each year after the hours of eight o'clock p. m unless such person is accompanied by his parent, guardian or other person having legal custody and con- trol of such minor, or unless such minor is in the performance of an errand of duty directed by his parent, guardian or other person having his care or custody, or where the employment of such minor makes it necessary that said minor be upon said streets, alleys or public places during the night time after said specified hours. Sec. 2. It is hereby made unlawful for any parent, guardian or other person having the legal care and custody of any minor under sixteen years of age to allow or permit any such child, ward or other person under such age, while in his legal custody to go or to be unac- companied upon any of the streets, alleys or public places in said city within the time prohibited in section one of this ordinance, unless there exists a reasonable necessity therefor. Sec. 3. Each member of the police force is hereby authorized to arrest without warrant any person within his presence violating any of the provisions of section one of this ordinance and retain such person for a reasonable time until complaint can be made and warrant issued and served. Be it further ordained that no child or minor per- son arrested under the provisions of this ordinance shall be placed in confinement until he or she has first been taken home to ascer tain the parents' wishes or the wishes of such guardian or legal custo- dian, and the said parents, guardian or legal custodian shall refuse to be held responsible for the observance of this ordinance by said minor person. Sec. 4. It shall be the duty of the justice of the peace, upon the arrest of any child or minor person where the parents, guardian or legal custodian of such minor person refuse to become responsible for such minor for the violation of the provisions of section one of this act, to inquire into the facts of said arrest, the conditions and circumstances of such child or minor person, and if it shall appear that such child or minor person, for want of proper parental care, guar- dianship or control, is growing up in mendicancy or vagrancy or is in- corrigible, to cause the proper proceedings to be had and taken as authorized by the laws of the state for such cases. Sec. 5. It shall be the duty of the mayor or police commissioners to arrange with the owners of some manufacturing plant or plants to CITY OF YPSILANTI. 215 give on their whistles signal of curfew hours, of twenty seconds dura- tion, at least five minutes before the curfew hours shall have been reached. Sec. 6. Any person or persons, either minors under the age of sixteen years or the parent or parents, guardian or legal custodian of said minor, who shall directly violate any of the provisions of this sec- tion, shall, on conviction thereof, be fined in a sum not to exceed five dollars, and in the event of failure to pay such fine, may be sentenced by the court or magistrate before whom the conviction may be had, to the county jail of the county of Washtenaw until such fine and costs shall have been paid for a period not to exceed five days. Passed and approved by the common council of the city of Ypsilanti in regular session held Monday evening, January 15, 1906. It is further ordained that this ordinance take effect from and after ten days from date of passage hereof. Approved January 16, 1906. Attest: S. DAMON, City Clerk. GEO. M. GAUDY, Mayor. L Accountant, city clerk to be.. Accounts, clerk to keep with treasurer. Acts repealed INDEX TO CHARTER. Aldermen, elected and term of office.. vacancy in office Ale houses Alleys, see "Streets." Animals running at large. Appeals Assessments may be made. } Auction Audit, council shall ↓ duties as members of council. compensation • A. · Attorney, city, to be appointed... legal adviser of council. give information • + for improving ditches and water courses. Appointments of officers Appropriation of private property, power of council. how expense paid • • • • • • • • purpose for which, etc. manner of acquiring council may acquire by purchase... proceedings when seizure is necessary. selection of justice for call of jury... application for jury and service of notice. return of officers, when filed, and effect of notice.... interest of infants or incompetent persons. • • • • SECTION 46 47 285 13 15 44 79 121 170 72, 116, 191 149, 152 155 • • 27 59 87 121 96 27 178 178 179 179 179 180 180 181 181 181 218 INDEX TO CHARTER. 1 Appropriation of private property (Continued.) impaneling a jury right to challenge and oath of juror. copy of notice, and plat given to jury. statement of parties not named, etc. jury to examine premises and determine award.. report of jury • entry of report by justice. disagreement of jury and appointment of. copy of report for use of council. judgment of confirmation.... when not made within sixty days. appeal to circuit court.. · • Ballot, what to contain. of boxes Bathing Barns Billiard tables Board of registration • • • bill of exceptions, correction by justice. filing transcript with clerk of court. proceedings in circuit court.. trial appeal of one person not to affect. judgment, costs • • • • • ": • · + • • B. record of judgment, of regularity of proceeding.. damages, payment • • · • powers and duties of.... members may be removed.. • • • when deposited, person unknown or incapacitated.. when right of property vests in city... evidence of ownership and proviso. effect of judgment to serve without compensation. to subscribe oath to form organization · • • • • • · · • • · • • • • • . health fire department commissioners, see "Fire Department." park commissioners police commissioners • • • 183, 184 184 185 185 186 187 188 189 190 190 190 191 192 192 193 193 193 194 195 196 196 197 197 198 • • ► · • SECTION · · • • • • E • 19 22 121 121 121 5 135 27, 318 27, 289 289 290 291 292 293 INDEX TO CHARTER. 219 Board of registration (Continued.) meetings to keep accounts to report quarterly may appoint marshal, deputy marshals, sepcial police, salary power and authority of marshal and deputies. power of board relative to dismissals.. to make rules and regulations.. purchase supplies Bonds of justice treasurer By-laws Bnfires Boundaries of city wards Canvass Cattle official issuing of • to prescribe duties of chief. to provide for the protection of persons and property. • Carriages, hacks, etc Certificates of election Chief of fire department. Clerk, city, appointed · Clerks of election Cellars Circuses, etc • • • • • • D D с Clerk of commissioners of public work. duties of • • • · to notify officers to deliver to council list of officers. duties to report amount of tax to treasurer. general supervision over revenue, etc. to countersign and register bonds.. to make monthly statement to council.. to account under oath for money received. to be clerk of council... D • • 1 • • · • • • G • 4 • SECTION • · 38, 39, 40 243, 24S 121 2 4. 293 293 293 32, 294 295 296 297 297 297 297 69 50 • 272 27 30 33 45 46 47 47 48 49 81 45 61, 288 9 121, 131 121 24 170 121 23 27 220 INDEX TO CHARTER. Cisterns Contagious diseases, detention of persons. Common criers Compensation of officers, of supervisor. Compensation of justice other officers Commissioners of parks Commissioners of police Commissioners of public works Committees Common council to certify elections. aldermen Commissioners of fire department, appointment, see "fire depart- ment Constables elected may make regulations for relief of poor. to determine salaries of officers.. legislative authority.... meetings, regular and special. meetings, who shall preside. of quorum when two-thirds votes, etc. majority on resolutions manner of conducting business. publication of proceedings Corporate name seal • power and authority to give security • Costs, enforcement of ordinances Curfew · power over members and other officers. control of finances, etc.. execution of legal powers.. records, reports, etc., to be deposited. power conferred for investigation.. auditing accounts, etc general powers D Deputy city clerk Deputy marshals Detroit house of correction, use of. • • · ♦ • • · • • • • • • • SECTION 121 131 74 77 77 77 79 27 27, 318 27, 289, 297 27, 61, 87 82, 90 26 55 79 SO, 121 83 43 84 84 84 85 85 $6 88 89 91 95 96 74, 121, 272 13 73 73 3 27, 00 00 3 120 84 27 55 112 Disorderly houses Disposition of money received for licenses. Drains · cleaning to establish and construct. care and management Debts of city, how paid.. Drains, plan for · • • • Dogs Docket of justice Drunkards of private drains expense connection of premises Defaulters, votes for void. Disorderly persons houses • Fire wardens limits works • 個 ​Execution of judgment Exhibitions Evidence • • • INDEX TO CHARTER. • • • • • • G • + • • Election, when and where. expense of Electors, qualifications of challenge to vote by ballot in ward where he has resided 20 days preceding. Encumbrance in streets E • • F • · * a • • 4 apparatus buildings engineer authority to command assistance • Fire department, establish, ect. Fire department, establishment and maintenance of • • • • • D • SECTION 121 123 • 221 • 121 131 144 145 247 146 153 153 154 28 121 121 170 65 121 12 25 7, 20 7 18 20 167 111 121 195, 197 27, 74, 278 279 121 273 273 274 275 .87, 276 277 222 INDEX TO CHARTER. Fire Department, establishment and maintenance of (Continued.) fire warden's duties fire limits... location of lumber yards, storing of oil, etc.. buildings erected, etc., in violation of ordinance compensation of firemen. power to pull down buildings Financial statement Finance--Bonds, to satisfy judgment renewal of must be sold at par must not increase indebtedness record of kept with clerk sewer bonds and orders how paid Finance, of fiscal year raising of money by taxation division into general funds contingent fund • • • & • · 晶 ​· • poor fund interest and sinking fund general street fund and proviso other general funds special funds district sewer funds special assessment fund aggregate amount to raise by general tax proviso as to street funds amount in sewer and special assessment districts. tax for use of public sewer • • filing and publishing statement appropriation of money to private use penalty * • • • estimate of public expenditures determination of special assessment annual appropriation bill money used not in annual appropriation money credited to fund for which raised how money drawn from treasury warrant not to be drawn after fund is exhausted.. accounts to be settled at close of year annual financial statement • • • A · ► • · • • • # 7 • • · · 278 279 280 281 282 283 52, 240 241 245 246 246 248 243 247 • • • • • 1 SECTION • + 225 226 227 227 227 227 227 227 228 228 228 229 229 230 231 232 233 235 235 237 238 239 240 240 241 242 242 Fines, by whom receivable of justice, when to be paid to treasurer Gambling Gaming Grading, authority for Gunpowder, etc Fines for violation of penal laws case of neglect to pay over disposition of funds paid into treasury Fence viewers, appointments and duties G • Hacks, etc Health physician board of Highways, use of • • Houses of ill-fame, etc.... Horses and other animals House of correction Hospital, establishment of Hay and wood market INDEX TO CHARTER. ► animals running at large · • • Immoderate driving Intoxicating liquors Ice and snow, removal of Infectious diseases Inspectors of election in wards fire wood • H J • I • • Jail of county, use of Judicial district Jury in improvements, trial by and forming of • schools, to be performed by school board meat, etc weights and measure • • · • • • • • 223 SECTION 117 66 68 118 119 128 • • 121 121 165 121, 280 121 27, 74 135 170 170 121 121 112 133 170 • 133 9, 10, 11 74 76 121 121 170 121 174 112 13, 27 115 224 INDEX TO CHARTER. Justice of the peace, when to be elected filing oath of office give security, bonds jurisdiction and powers proceedings same as prescribed by law docket fines, when to be paid to treasurer monthly report • bond fines for violation of penal laws penalty for misconduct in office account for stolen property term of office ordinance cases cases, how appealed imprisonments Lotteries • License of public houses hacks, etc • • Mayor, when elected duties of • • • Judgment, rendition and execution • enforcing and taking out disposition of money • conditions of granting, etc revocable not to receive fees salary court room, etc., to be provided prosecutions, how commenced proceedings same as special charter amount to be paid before commencement of suits... laws controlling proceedings to deliver dockets, etc., to successor when to hold sessions absence or inability of justice to act vacancy in office • L M • • • summons may be signed in blank Washtenaw county liable for certain fees repealing clause • • • • • • • • O • • • O • • SECTION 13, 299 37 38, 307 63, 300, 303 64, 301 • · 65 66, 314 • 67 69 68 70 71 299 302 302 302 304 304 305 306 308 309 310 311 .312 313 313 315 316 317 110, 111 • • • 121 121 122 122 123 124 121 13 41, 42 INDEX TO CHARTER. 225 ) Mayor, when elected (Continued.) approval of ordinances to preside at meetings of council Markets, erection, regulation of, etc prevent fraud, preserve order, etc Marshal, appointed of security duties same powers as township treasurer suppress riots, etc monthly report to give information to council when required process for violation to be directed to to be superintendent of poor Meats, infection of Mill races • Money, how appropriated Mock auctions • • Name of corporation Nuisances Monthly report of city clerk treasurer marshal justice justice electors jurors • • • · • Oaths of office Oaths, city clerk may administer N abatement of collection of expense for removal, etc • • Obscenity Officers of city, to be elected appointed unless he is an elector • O • • • • • · D filing acceptance when to enter on duties of office • • 1 • • • • SECTION · 99 43 140 141 27 54 54 56 57 58 87 113 55 121 121 84 121 48 52 58 67 3 121 130 132 29 45 37 7 184 121 13 27 28 29 33 226 INDEX TO CHARTER. Officers of city, to be elected (Continued.) to hold until successor qualifies resignation of powers, duties, and liability of power of council over prohibited from being interested in contracts removal from office Office, defaulters not to hold votes for void investigation of charges to settle at close of year Official bonds, of justice of office new of constable • when deemed vacant · • • • Partition fences Paupers, etc Paved, what is included Penalties of city treasurer • • • · revival and amendments to be published proof in court, etc enforcement of setting forth in complaint, etc statement of cause of action • for misconduct in office for injuring, etc Offensive places Ordinances, style, vote, and time of taking effect fines and penalties presentation for approval by clerk • • • security for costs and cases under Owners of lots to clear and drain Ordinances, security for costs in cases under P • · : · ▸ officers interested in contracts forfeiture and recovery of for neglect to pay over, etc.. • • · · • • • • Parks to be under control of board of commissioners of parks. Pawnbrokers • • · • • • I • • • • • • • • SECTION 240 28 28 31 38 39 40 73 121, 131 97 98 100 101 103 104 105 114 114 120 131 120 • 35 36 74, 75 86 92 93 94 • 318 121 128 121 164 53 70 91 92 106, 107 118 • * INDEX TO CHARTER. 227 Peddling and hawking Perjury Private property, see "Appropriation of." Prosecutions for violations of ordinances, time and place of commencement Policemen to be by warrant form of warrant Polls, in each ward. when opened and closed salary special power and authority of may be dismissed board to make rules and regulations Proceedings, circuit court President of the council Prevention of vice Poor, regulations for relief of Process and service, to whom to be directed Proceeding, time and place of commencement suit to commence by warrant, form of bond of security Pound-masters Plurality of votes to elect Publication of ordinances Purity of streams and ponds Pounds, council to provide, etc fees for impounding • • • expense · • • • • • • • + 0 + • Public health, provision for protection as to mill dams, ponds, etc of unwholesome places Public improvements, authority for apportionment, etc Public buildings, acquisition and use grounds • • J 4 • • SECTION 121 7 105 108 109 27, 294 294 294 295 296 297 • Co • Co 8 105 108, 109 116 55 113 193 27, 43 121 27, 74, 138, 139 14 103 121 138 139 129 129 131 164 165 166 142 142, 143 1 228 { INDEX TO CHARTER. 14 Quorum, majority to constitute Railroads, crossing of streets Real estate, may be purchased Registration Repeal of acts Records, etc., where deposited of ordinances regulation of running trains regarding ditches, etc Resignations Removal from office Repair of streets Riots, marshal to suppress Runners Salaries of officers Sewers, cleaning of · • • • • Q · Seal, corporate Sealer of weights and measures Special elections Special assessments R • ► • establishment, contract, management, etc districts, plats, and diagrams special districts manner of paying for diagrams, costs, and notice to construct resolution to construct record of plat special assessment expense of repairing, etc protection and control S • • B · improvements from general fund proceedings after confirmation board of assessment, etc · * • • • • • estimates, plats, etc., deposit with clerk. notice of meetings to consider objections 0 • SECTION 84 • 125 126 127 179 6 285 91 103 36 27, 93 158 57, 121 121 D • • • 77, 78, 79 131 144, 145 147 148 149 150 151 151 152 156 157 3 121 15, 17 199 199 200 201 202 202 • • INDEX TO CHARTER. 229 Special assessments (Continued.) • what costs and expenses to include may be paid in installments how made • confirmed when due roll . levied before improvement, etc direction of board as to Special policemen, appointment of Sinking fund Sidewalks, control, etc • Streets, control and repairs not accepted survey and record grade • • assessment roll and report to council according to frontage and benefits filed with city clerk review, correction and disposition of roll. confirmation by council lien on land and charge against person division into installments expense of changing grade, etc damage by change of grade obstructions, etc returned unpaid reassessments may be collected by suit • • 203 204, 212 205, 206, 207 209, 210 212, 213, 214 214 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219, 220 221 221 222 223 223 224 27 247 172, 173, 174, 175, 176, 177 158 159 160 161 162 163 167 168 169 170 • • first installment due on confirmation assessment roll for each installment apportionment of uncollected amounts additional amounts, in deficiency ... new assessment roll in case of irregularity lien for equitable charges, etc levy and collection of .. shade trees digging in, for laying of gas pipes regulations as to use of, etc • • • • • seizure and sale by marshal disposition of proceeds of sale and costs return of money by marshal, and return of roll.. renewal of warrant • • • • • • • · • • • • SECTION • • 230 INDEX TO CHARTER. 2 Streets, control and repairs (Continued.) stands for vehicles wood and hay market; signs immoderate driving, and gathering of crowds running at large of animals dogs cleaning, and removing nuisances general authority of vacating effect of filing Street commissioner Snow and ice on walks Supervisor, to be elected notice of meeting to hear objections filing objections with city clerk • • • • duties same as township issue warrant to marshal of list of jury to county clerk compensation duties · • + apportionment to districts special assessment rolls • Superintendents, marshal to be Suits, penalty in name of city by warrant Sureties, sufficiency of Surveyor, city, give information to council diagrams, etc., of sewers T ► • · • • • • · • supervisor to attach warrant warrant what to authorize Taxes, when marshal shall collect Taxation, assessment of property and duties of supervisor. board to review assessment, etc notice of time of meeting board to certify to correct roll further powers of board supervisor to make copy of roll + • 4 · • · 备 ​• • • • notice to taxpayers when assessment delivered to marshal U • • 251 251 252 253 254 255 255 255 256 marshal's bond 256 proceedings of marshal when property is leviel on.. 257 • • · · • • 170 170 170 170 170 170 170 170 171 171 171 27, 62, 87 174 13 60 60 60 77 249 55 .108 39, 40 87 150 • SECTION • · D • · • • 54 249 250 250 • } INDEX TO CHARTER. 231 Taxation, assessment of property and duties of supervisor (Continued.) taxes a lien on property treasurer, return list of unpaid taxes to council provisions of law applicable clerk to certify amounts for local improvements, etc., to supervisor county clerk to apportion certain taxes. certify to supervisor levy of tax by supervisor supervisor, what to certify to treasurer and clerk treasurer's bond certify copy of rolls to treasurer warrant, what to state taxes a lien on land notice by treasurer how given, treasurer to receive taxes cllection of taxes unpaid to treasurer new warrants Tie, proceedings in case of Treasurer, city, appointment. judicial districts same as townships payment of money by marshal treasurer bond general duties monthly report ✦ annual report Vagrants, etc Vaults Violation of Sabbath • Votes of defaulters void Votes, each member entitled two-thirds Voters, who are qualified, etc • • city same as township as to delinquent taxes general power of council as to taxes • • • • · keep city money separate, etc. monthly payment * V • • • • • · + • • • 1 • • · • • SECTION • • · 258 258 258 259 260 260 261 262 262 262 263 264 265 265 266 267 268 269 270 271 272 14 27 50 51 52 52 53 117 121 121, 131 121 28 $2 84, 122 7 232 INDEX TO CHARTER. Vacancies of aldermen justice Votes to fill vacancy to be designated on ballot Vacancies, except alderman Veto, power of mayor to Vote, when mayor may vote on tie Wards, city, division of boundaries separate street Weights and measures Wood, inspection of and hay market. • funds Warrants, form of for violation of ordinance Weigh-masters · t W • · • · • SECTION 15 15 21 16 99 41 • 4 4 227 109 74 121 121 170 INDEX TO ORDINANCES. Abusive language prohibited Alley in Hunter's addition vacated in Stuck's addition vacated Alley, use of • Animals, prevention of cruelty to Animals not to run at large A Ashes, where not to be deposited or kept Attorney, city, duties defined Auctioneers to be licensed Awnings not to be erected without permission • • • B Barns not to be erected within twenty feet of line of street Bathing in Huron river Balustrades and balconies regulated Bells not to be used to collect bidders Bicycle rules, regulating use of in city not to be run on walk Bridges, fast driving on injury to Board of health, constituted Bonds, certain officers to give official • • • • • · • • Boundaries of Huron street Boxes, empty, where not to be piled Boys, getting on railroad trains Buildings not to be removed, etc., without permission Buildings and spaces, numbering of NUMBER. 29 2 4 36 60 16 36 25 24 36 · • 35 36 36 24 72 72 42 42 22 18 18 1 12 81 36 45 SEC. 3 1 3 1 24 21 15 4 1 1 1 2 1 1 10 5 4 2 234 INDEX TO ORDINANCES. Bucket shops prohibited Burials only in cemeteries Bulls not to be displayed in streets or alleys Board of Commissioners of Parks duties of who shall be president property under control of board property excepted from control estimates to be submitted to common council what moneys to be paid to city treasurer bills, how paid what debt may be created donations may be received may engage employes and fix compensation shall have control of park improvements Cars, persons getting on Candle factories • • • • may make rules and regulations statements to be submitted to common council Birds, protection of Buildings in fire limits • Cemeteries declared public burial grounds. Chimneys, how to be constructed Chief engineer of fire department Circuses, shows, etc City treasurer to give bond City clerk to give bond • • Cruelty to animals, punishment for City Clerk's books to be examined City attorney, duties of City marshal, duties of Constables fees Concealed deadly weapons Concerts • с · • • • • Combustibles not to be kept in certain places Commissioners of public works Cross-walks and crossings Crossings, engines and cars not to stop on Crowds not to collect in streets • • • • · • • • • · • • · • NUMBER. 30 27 36 83 83 83 83 83 83 83 ► • • • · • • • • • • 83 83 83 83 83 83 83 71 32 21 28 27 32 48 34 18 18 60 61 25 52 6 29 34 12 54 10 21 29 36 SEC. 43 1 2 13 1 1 CON Go to p 1 9 2 3 + C4 3 4 4 LO GO ▷ ∞ 5 6 7 8 3 Có ai r Co 2 1 8 1 1 1 I CO H 1 3 1 LO 5 LO N ☺ 5 2 6 16 : INDEX TO ORDINANCES. 235 · Disturbance of peace Disorderly houses, etc Drains, ditches, etc Deputy city marshal, duties of Deputy city clerk, when may perform the duties of clerk.. Diphtheria, regulations concerning Disorderly persons, how punished Divine worship not to be disturbed • • Ditches, drains, etc Driving faster than eight miles an hour Fast driving prohibited Fees of pound-masters Drunken persons, how punished Drunkenness, punishment for Draymen, license for Fires, prevention of Fires, prevention of Fire limits .. • • Drays and stand for same Dogs, licensing and regulating their running at large • • Explosive substance not to be stored Epithets, abusive Electric tower, not to climb • D * * Fire wardens, power and duties of to make complaints, etc justices of the peace and constables • E • Firing guns, crackers, etc Fires in streets and other places Fire department established governing of Fowls not to run at large Fire, false alarm not to be given Fireworks not to be stored what not to be sold D F • • • • • · • • · • • NUMBER. SEC. * • • • 36 52 52 22 29 29 29 30 36 36 65 70 29 5 -SO 32 29 43 36 16 6 12 12 32 39 32 32 32 48 48 16 48 32 $2 9 2 A + ∞ 4 6 1 1 2 HQ + 1 9 14 4 1 10 3 CO 14 6 O N N H 2 2 1 1 12 11 34 10 236 INDEX TO ORDINANCES. Gambling institutions Graves, depth of Geese not to run at large Gutters to be kept clean • Injury to trees Hackmen soliciting custom Hacks not to convey certain bodies Hawkers and peddlers Health physician, member of board of health board of, who constitute Justice, fees of Lights · • Hotel runners Houses of ill-fame Huron street, boundaries defined Hunter's addition, alleys and lots vacated 1 G Ice to be removed from walks Ice not to remain on sidewalks Ill-fame, houses of Immoral books, etc language, etc Indecent books, pictures, etc Interments to be made in cemeteries Indecent exposure of person compensation of members • • H pictures, language, etc Lamps and lamp-posts injury to Licenses for public carriages newsboys • • J L • · • · NUMBER. · • • • • • • 30 27 16 7 81 2 2 22 26 22 22 22 81 30 T N 1 2 10 36 30 13 29 13 27 29 36 31 SEC. 20 31 17 14 20 − ∞ ∞ N 1 3 2 2 12 1 1 1 14 2 N 2 1-2 T CO IND 1 3 1 2 7 23 co 6 2 1 H✪ H 5 1 INDEX TO ORDINANCES. 237 Light Guard Hall license Lotteries License for auctioneers draymen hawkers and peddlers • shows lockup, keeper of Market, wood to be sold on Marshal, duties of Marshal to give bond before receiving rolls + Menageries Mendicants Merchants, non-resident Minstrels Minstrel shows Meters and use and rates of same + M • • • smoke Numbering buildings and spaces Obscene pictures, etc Ordinances repealed N • Non-resident merchants, licenses, etc Newsboys regulated Non-residents not to run hacks, etc., without license Nuisances • P · · O Obscene books, prints, papers, etc pictures, etc Opera house license Outbuildings not to be erected within twenty feet of street Plumbers, rules governing same Parks, indecent language, destruction of shrubbery, etc., forbidden * NUMBER. 34 30 24 80 26 34 74 · S 52 18 34 29 50 34 9 69 59 14 17 28 77 45 13 29 34 35 36 38 69 67 SEC. 7 3 yod pod 1 1 2 1 4 SP ON 3 2 1 1 1 S ♡ 23 238 INDEX TO ORDINANCES, Parks, regulation of Prevention of cruelty to animals Papers, scandalous, indecent, etc., prohibited Peddlers at passenger houses, on cars, etc and hawkers Permit for newsboys Pestilential diseases Pest-houses Prevention of small-pox Preservation of public property Preservation of public property Preservation of public property Prevention of fires Prevention of fires Posting bills, etc Pounds public Pound-masters + • Public carriages of non-residents health Railroad crossings Railroads, speed of trains Railways, street Reservoirs, injury to Repealing ordinance · • R • peace, to preserve property, preservation of. property, preservation of property, preservation of Physicians to report certain diseases Physician, health, to be member of board of health Riding faster than eight miles an hour Routs and riots • • • • • engines and cars stopping on crossings persons getting on trains while in motion runners and peddlers on persons getting on trains Railroad premises, disturbance on peddling on · А • NUMBER. 83 60 13 3 26 14 22 22 23 31 42 43 32 39 28 • • 16 16 17 22 29 31 42 43 22 22 41 21 21 21 81 Z 81 $1 81 49 31 38 36 29 SEC. 1 1 1 1 6 CLO 5 1 Jaume ∞ = 0) — S 1 2 1 1 6 1 09 10 Humnado 1 2 3 1 4 3 J 00 1 0 14 2 to S INDEX TO ORDINANCES. S Slaughter houses, slaughtering sheep and cattle Slaughter houses, slaughtering sheep and cattle Street railways Street railways Sale of wood • Saloons, bar-rooms, closing of on Sundays,etc Saloons, females not to be employed in Straw not to be kept in cellars Shavings not to be kept in cellars Small-pox, notice of on buildings Scarlet fever, 'regulations concerning Small-pox, prevention of .. Slaughter houses to be white washed Special deputies, duties and powers Streets, changing names of Streets and alleys, use of Streets and alleys, use of Streets not to be obstructed by building materials Street railways Sewers · + • ↓ • Sidewalks and gutters to be kept clean and in repair Spirituous liquors, where not to be sold by females Sidewalks, construction of Sidewalks, animals and vehicles prohibited on Sidewalks, animals and vehicles prohibited on Signs, when not to remain over street Swimming in Huron river Shows Snow and ice to be removed Snow and ice to be removed Stones, throwing prohibited Snow-balls, throwing prohibited Stores and stove-pipes Soap factories Stud horses, where not exhibited Stuck's addition, alley in vacated Sunday, observance of Small-pox, prevention of Sheep. killing of by dogs Smoke nuisance · 239 NUMBER, SEC. • • 28 57 62 68 S 51 9 12 12 22 22 23 28 15 47 36 40 36 49 36 ī 9 79 36 40 36 36 34 10 36 11 11 12 28 36 4 53 23 70 77 1 1 12 1-O 5 5 1 7 G t- co 7 3 4 J S 01 9 Jud. 2 CU CO 3 1 18 21 1 1 1 1 4 2 13 1 13 ļ 240 INDEX TO ORDINANCES, Squirrels, protection of Sidewalks to be kept clean space merchants, etc, may occupy bicycles not to be run on Street Railway, Ann Arbor & Ypsilanti, its successors, etc. extension of time for construction of Aun Arbor & Ypsilanti Street Railway shall bear one-half expense of new bridge.. Saline branch • · T Telephone, New State, franchise of Trees, injury to U Use of streets and alleys Varioloid, See Small-pox Vagrants * Vice and immorality Vehicles, rules for in streets 68 68 73 speed of cars not to exceed 10 miles per hour 78 ringing of bells, etc 78 cars to stop at street intersections time car may stand in street when track shall be sprinkled V • rates rates, flat, and meter penalty for non-compliance Wagons not to be left in street, etc Wood, sale of on market consumers, rules governing niscellaneous rules assessment and collection of water • 庸 ​• • • • W Watchmen, special, mayor may appoint Ways and means committee examine the books of city clerk Water supply and rules governing same extension of water mains plumbers, rules for tapping mains meters, rules governing • • • NUMBER. 71 • · 36 36 72 62 78 78 78 63 31 36 22 29 9 72 74 61 69 Art. 1 69 Art. 2 69 Art. 3 69 . Art. 4 69 Art. 5 69 Art. 6 69 8 Art. 7 69 . Art. 8 69 Art. 8 69 36 8 SEC. 4 4 quand 1 2 4 C to 3 6 3 6 1 T Lov License for draymen hawkers and peddlers shows lockup, keeper of Menageries Mendicants Market, wood to be sold on Marshal, duties of Marshal to give bond before receiving rolls • • Merchants, non-resident Minstrels Minstrel shows Meters and use and rates of same · • · • smoke Numbering buildings and spaces • • M J N Non-resident merchants, licenses, etc Newsboys regulated Non-residents not to run hacks, etc., without license Nuisances • O Obscene books, prints, papers, etc pictures, etc Opera house license Outbuildings not to be erected within twenty feet of street Obscene pictures, etc Ordinances repealed 4 P • Plumbers, rules governing same Parks, indecent language, destruction of shrubbery, etc., forbidden • • • 74 00 52 18 34 29 50 34 9 69 59 14 17 28 77 45 13 29 34 35 36 38 69 67 1 1 NA << 1 4 1 00 1 qued 1 1 8 23 $ senger nouses, hawkers or newsboys ential diseases Posting bills, etc Pounds public Pound-masters • • * · · Pest-houses Prevention of small-pox Preservation of public property Preservation of public property Preservation of public property Prevention of fires Prevention of fires • Railroad crossings Railroads, speed of trains • • · Public carriages of non-residents health peace, to preserve of... property, preservation of. property, preservation of property, preservation of Physicians to report certain diseases Physician, health, to be member of board of health • • R • Railways, street Reservoirs, injury to Repealing ordinance Riding faster than eight miles an hour Routs and riots • • engines and cars stopping on crossings persons getting on trains while in motion runners and peddlers on persons getting on trains Railroad premises, disturbance on peddling on • D · • • · • · · · • • • • · 13 26 14 22 22 23 31 42 43 32 39 28 16 16- 17 22 29 41 31 42 43 22 22 222 22 21 21 21 co co 81 81 81 81 3 49 31 38 36 29 ∞ ∞ Henta 1 1 1 ∞ - ∞ – 1 1 1 CO LO 1 2 2 2 14 2 6 5 1 ♡ 1 3 1 4 1 3 1 Slaughter house. Slaughter houses, slaught Street railways Street railways Sale of wood Saloons, bar-rooms, closing of on Sundays,etc Saloons, females not to be employed in Straw not to be kept in cellars Shavings not to be kept in cellars Small-pox, notice of on buildings Scarlet fever, regulations concerning Small-pox, prevention of Slaughter houses to be white washed Special deputies, duties and powers Streets, changing names of Streets and alleys, use of Streets and alleys, use of Streets not to be obstructed by building materials Street railways Sewers . • • • • • • · · • • Sidewalks and gutters to be kept clean and in repair Spirituous liquors, where not to be sold by females Sidewalks, construction of Sidewalks, animals and vehicles prohibited on Sidewalks, animals and vehicles prohibited on Signs, when not to remain over street Swimming in Huron river Shows Snow and ice to be removed Snow and ice to be removed Stones, throwing prohibited Snow-balls, throwing prohibited Stoves and stove-pipes Soap factories Stud horses, where not exhibited Stuck's addition, alley in vacated Sunday, observance of Small-pox, prevention of Sheep, killing of by dogs Smoke nuisance • • Cattle • 7 4 • • • • • • + ♦ · • · • · • • 8 51 9 12 12 22 22 23 28 15 47 36 40 36 49 36 7 9 79 36 40 36 36 34 10 36 11 11 12 28 36 1 53 23 70 77 T 10 10 1- O 1 5 5 7 1- 00 7 4 ~ ~ 01 2 CO H 3 1 18 21 1 1 1 1 4 2 C1 13 1 13 i way, Ann Arbor & mu, its successors, etc. extension of time for construction of Aun Arbor & Ypsilanti Street Railway shall bear one-half expense of new bridge.. Saline branch T Telephone, New State, franchise of Trees, injury to U Use of streets and alleys Varioloid, See Small-pox Vagrants speed of cars not to exceed 10 miles per hour 78 ringing of bells, etc 78 cars to stop at street intersections 78 time car may stand in street when track shall be sprinkled Vice and immorality Vehicles, rules for in streets V · • Wagons not to be left in street, etc Wood, sale of on market • • rates rates, flat, and meter penalty for non-compliance • W Watchmen, special, mayor may appoint Ways and means committee examine the books of city clerk Water supply and rules governing same extension of water mains plumbers, rules for tapping mains meters, rules governing • • consumers, rules governing niscellaneous rules assessment and collection of water · B • • A • • • · • ► • • • • • • • . Art. 1 . Art. 2 Art. 3 Art. 4 Art. 5 Art. 6 D 72 62 68 68 73 78 78 63 31 36 22 29 9 72 74 61 69 3 3 3 3 3 3 69 69 69 69 69 69 .Art. 7 69 Art. 8 69 Art. 8 69 36 8 Co 6 1