UNIVERSITY OF ILLINOIS LIBRARY Class Book Volume REVISED ORDINANCES CITY OF THE OF MENDOTA. REVISED BY JOHN A. LAMBERTON, City Attorney. / PUBLISHED BY AUTHORITY OF THE CITY COUNCIL. 1894. THE MENDOTA REPORTER PRINT. V '/ 73- CITY OF MENDOTA, ILL. Incorporated April 10th, 1883, under an Act En¬ titled “An Act to provide for the Incorporation of Cities and Villages.” Approved April 10th, 1872; in force July 1st, 1872. -J- t 216186 CITY OFFICERS. CATALOGUE OF MAYORS, OFFICERS AND ALDERMEN OF THE CITY OF MENDOTA FROM 1883 TO 1894. 1883 Mayor — Simeon Lee. Aldermen —1st Ward, Jnc. Hartan, R. D. Dobbie; 2nd, D. L. Harris, M. Wilson; 3rd, Philo Castle, Patrick Dunn; 4th, Gabriel Pohl, Jno. Cummings. Clerk —G. A. Kellenberger. Attorney —L. S. Seaman. Mar¬ shal —R. G. Mclntire. Treasurer —Geo. H. Mad¬ den. Supt. of Streets —J. L. Nisley. Printer — R. H. Ruggles. Police Magistrate —J. A. Lam- berton. Night Police —P. J. Hart. Fire Marshal S. G. Dudgeon. 1884 Mayor — Simeon Lee. Aldermen —1st Ward, R. D. Dobbie, John Hartan; 2nd, M. Wilson, D. L. Harris; 3rd, P. Dunn, Philo Castle; 4th, Jno. Cummings, G. Pohl. Clerk —G. A. Kellenberger. Attorney —L. S. Seaman. Marshal —R. G. Mc¬ lntire. Treasurer —Geo. H. Madden. Supt. of Streets —J. L. Nisley. Printer —O. Kieselbach. Police Magistrate —J. A. Lamberton. Night Police —P. J. Hart. Fire Marshal —Jno. Schuetz. 1885 Mayor —L. S. Seaman. Aldemnen —1st Ward, Henry Schmidt, R. D. Dobbie,* L. Carnahan; 2d, M. Wilson, A. C. Henry; 3d, P. Dunn, P. Castle; 4th, John Cummings, R, K. Wormley. Clerk — Geo. Holland. Attorney —R, S. Browne. Mar¬ shal —R. G. Mclntire. Treasurer —John Goedt- ner. Supt. of Streets —J. R. Caswell. Printer — *Kositfned. 6 REVISED ORDINANCES. R. H. Ruggdes. Police Magistrate — J. Lamber- ton. Night Police —T. B. Bailey. Fire Marshal —J. D. Tower. 1886 Mayor —L. S. Seaman. Aldermen —1st Ward, Jas. Clarkson, Henry Schmidt; 2d, A. C. Henry, D. L. Harris; 3d, P. Dunn, P. Castle; 4th, John Cummings, B. K. Wormley. Clerk — Geo. Hol¬ land. Attorney —B. S. Browne,* S. W. Bartlett. Marshal —R. G. Mclntire. Treasurer —John Goedtner. Supt. of Streets —J. R. Caswell. Printer —O. Kieselbach. Police Magistrate —J. A.Lamberton. Surveyor —R.Curtis. Night Police —Wm. Walter. Fire Marshal —J. D. Tower. 1887 Mayor — J. A. LamberTON. Aldermen —1st Ward, Jno. Schmitz, Jas. Clarkson ; 2d, F. R. Cavell, D. L. Harris; 3d, Philo Castle, P. Dunn; 4th, R. K. Wormley, Jno. Cummings. Clerk — Geo. Holland. Attorney —S. W. Bartlett. Mar¬ shal —R. G. Mclntire. Treasurer —George H. Madden. Supt. of Streets —J. R. Caswell,* John McXeon. Printer —R. H. Ruggles. Police Magistrate —W. F. Whitmore. Night Police —L. R. Behel. Fire Mashed —J. D. Tower. 1888 Mayer— J. A. LamberTON. Aldermen —1st Ward, Louis Waldorf, John Schmitz ; 2d, F. R. Cavell, D. L. Harris; 34, J. W. Rdwards, Philo Castle ; 4th, G. Pohl, R. K. Wormley. Clerk — Geo. Holland. Attorney —S. W. Bartlett. Mar¬ shal —R. G. Mclntire. Treasurer —Geo. H. Mad¬ den. Supt. of Streets —Henry Schmidt. Printer — Otto Kieselbach. Police Magistrate —W. F. Whit¬ more. Night, Police —L. R. Behel. Fire Marshal — J. D. Tower. ^Resigned. REVISED ORDINANCES. 1 1889 Mayor — Matthew Wilson. Aldermen —1st Ward, John Schmitz, Louis Waldorf; 2d, Shannon Burke, D. L. Harris; 3d, N. J. Riegel, J. W. Edwards; 4th, C. L. Rogers, G. Pohl. Clerk — Geo. Holland. Attorney S. W. Bartlett. Mar¬ shal —E. G. Mclntire. Treasurer —John Goedt- ner. Supt. of Streets —Henry Schmidt. Printer —Mark Ruggles. Surveyor —W. E. Whitmore. Police Magistrate —W. F. Whitmore. Night Police —James McEvoy. Fire Mashal —J. D. Tower. 1890 Mayor — Matthew Wilson. Aldermen —1st Ward, John Schmitz, Louis Waldorf; 2d, V. H. Hackett, Shannon Burke; 3d, P. Dunn, N. J. Riegel; 4th, E. K. Wormley, C. L. Rogers. Clerk —Geo. Holland. Attorney —S. W.Bartlett. Marshal —E. G. Mclntire. Treasiirer — John Goedtner. Supt. of Streets —J.L.Nisley. Printer —Otto Kieselbach. Surveyor —W. F. Whitmore. Police Magistrate —W. F. Whitmore. Night Police —James McEvoy. Fire Marshal —J. D. Tower. 1891 Mayor —S. G. Dudgeon. Aldermen —1st Ward, Louis Waldorf, John Schmitz; 2nd, C. Henning, P. Bennett; 3rd, Wm. Young, P. Dunn; 4th, C. L. Rogers, E. K. Wormley. Clerk —Geo. Hol¬ land. Attorney —S. W. Bartlett. Marshal —E. G. Mclntire. Treasurer —Geo. H. Madden. Supt . of Streets —J. L. Nisley. Printer —Mark Rug- gles. Surveyor —W. F. Whitmore. Night Police —J. Stellwagon,* Chas. Westgate. Fire Mar¬ shal —J. D. Tower. 1892 Mayor —S. G. Dudgeon. Aldermen —1st Ward, Louis Waldorf, Jno. Schmitz; 2nd, P. Bennett, * Deceased. 3 REVISED ORDINANCES. C. Henning; 3rd, P. Dunn, Wm. Young; 4th, F. Vincent, C. L. Rogers; Clerk —Geo. Holland. Attorney —S. W. Bartlett. Marshal —E. G. Mc- Intire. Treasurer —Geo. H. Madden. Supt. of Streets —J. L. Nisley. Printer —O. Kieselbach. Surveyor —W. F. Whitmore. Nig'ht Police — Chas. Westgate. Fire Marshal —J. D. Tower. 1893 Mayor — Chas. L. Rogers. Aldermen —1st Ward, Jno. Schmitz, Louis Waldorf; 2d, H. J. Cooper, P. Bennett ; 3d, Stephen Madden, P. Dunn ; 4th, G. D. Tower, F. Vincent. Clerk — Geo. Holland. Attorney —J. A. Lamberton. Treasurer —John Goedtner. Supt. of Streets —J. L. Nisley. Marshal —E. G. Mclntire. Printer— Mark Ruggles. Surveyor —W. F. Whitmore. Night Police —Jno. Holland. Fire Marshal —N. J. Riegel. 1894 Mayor — Charges L. Rogers. Aldermen —1st Ward; Louis Waldorf, Jno. Schmitz ; 2d, Austin Smith, H. J. Cooper; 3d, P. Dunn, Stephen Mad¬ den ; 4th, A. A. Swearingen, George D. Tower. Clerk —Geo. Holland. Attorney — J. A. Lamber¬ ton. Marshal — John Holland. Treasurer —John Goedtner. Supt. of Streets —J. L. Nisley. Printer —Otto Kieselbach. Surveyor —W. F. Whitmore. Night Police —F. L. Smith, W. B. Nolan. Fire Marshal— N. J. Riegel. DIVISION FIRST. STATUTES RELATING TO THE FORMER CHARTER OF THE CITY OF MENDOTA. 10 REVISED ORDINANCES. PROVISIONS OF THE LEGISLATURE RELATING TO THE CITY OF MENDOTA, ILL. ARTICLE I ON BOUNDARIES, GENERAL POWERS AND FORMATION OF WARDS. Sec. 1. Boundaries. “ 2. Name. “ 3. Wards. “ 4. City officers. Be it enacted by the People of the State of Illinois, represented in the General Assembly. Section 1. That all of the following* described tracts of land, situated in the county of La Salle, and State of Illinois, to wit: The south half of section twenty-eight, the east half of section thirty-two, and all of section thirty-three, in township thirty-six north, of range one east of the third principal meridian, to¬ gether with that portion of the north-east quarter of section four, in township thirty-five north, of range one east of the third principal meridian, known as Teed’s addition to the town of Mendota, is hereby in¬ corporated and created into a city, by the name of the ‘‘City of Mendota,” and all such tracts of land ad¬ joining any of the above described tracts which may REVISED ORDINANCES. 11 be hereafter laid out into town lots, platted and re¬ corded, shall, as soon as the same may be recorded, become a part of the city hereby incorporated. Sec. 2. The inhabitants of said city shall be a corporation by the name of “The City of Mendota,” and by that name shall have perpetual succession, sue and be sued, and complain and defend in any court ; may make and use a common seal, and alter and change it at pleasure ; may take, hold and purchase such real, personal or mixed estate as the purposes of the corpo¬ ration may require, within or without the limits of the city, and may sell, lease or dispose of the same for the benefit of the city. Sec. 3. The President and Board of Trustees of the present town of Mendota, shall, on the second Mon¬ day of March next, divide the said city of Mendota into four wards, as nearly equal in population as practic¬ able, particularly describing - the boundaries of each ward. The city of Mendota shall be divided into four wards, the boundaries of which shall be fixed by the City Council, and shall be, by the City Council, changed from time as they shall see fit, having regard to the number of her white male inhabitants, so that each ward shall contain, as near as may be, the same number of white male inhabitants. The City Council may create additional wards, as occasion may require, and fix the boundaries thereof. Approved Feb. 22, 1867. 12 REVISED ORDINANCES. An Act to amend the Charter of the City of Mendota. ADDITION TO THE CITY. Be it enacted by the People of the State of Illinois , represented in the General Assembly. Section 1 . That in addition to all the territory now contained within the limits of the city of Mendota there shall be added to said city, and embraced within its limits and subject to its ordinances and jurisdic¬ tion, all the additional territory embraced within the following boundary, viz : the west half of section thir¬ ty-four, township thirty-six, north range one and the north forty acres of the northeast quarter, and the north forty acres of the northwest quarter of section four in township thirty-five north, range one east, third principal meridian, all in the county of La Salle. Approved April 15, 1869. * ■ . , N " &; U ■ .... DIVISION SECOND. RULES AND ORDER OF BUSINESS OF THE CITY COUNCIL. REVISED ORDINANCES. 15 RULES AND ORDER OF BUSINESS OF THE City Council of the City of Mendota, Ill. RueE I. The Rules of Procedure and Order of Business shall be adhered to invariably by the Cit} 7 Council, unless the same shall be temporarily sus¬ pended by unanimous consent. Rule II. At the hour appointed for the meeting’ the City Clerk (or some one appointed to supply his place) shall proceed to call the roll of members, mark¬ ing’ the absentees, and announce whether a quorum be present. Upon the appearance of a quorum the Coun¬ cil shall be called to order, the Mayor taking-the chair, if present, and the Council appointing- a temporary chairman if he is absent. The Council shall then proceed to the business before them, which shall be conducted in the following- order : 1st. The reading- of the minutes of the proceed¬ ings of the last meeting, amendment and approval of the same. 2nd. The presentation of petitions and the re¬ ports of officers. 3rd. The reports of standing committees. 4th. Communications to the City Council, which may also be considered at any time. 5th. Unfinished business of preceding meetings. 6th. Motions, resolutions and notices. 16 REVISED ORDINANCES. RueE III. All questions relating* to the priority of business shall be decided without debate. Rule IV. The Mayor shall preserve order and decorum, and shall decide all questions of order sub¬ ject to an appeal to the City Council. RueE V. While the Mayor is putting* the ques¬ tion, no member shall walk across or out of the coun¬ cil room. RueE VI. When the City Council adjourns, the members shall keep their seats until the Mayor shall have left the chair. RueE VII. Every member, previous to his speak¬ ing*, shall rise from his seat and address himself to the Mayor, and say: “Mr. President,” but shall not pro¬ ceed with his remarks until recognized and named by the Chair. r RueE VIII. When two or more members rise at once, the Mayor shall name the member who shall speak first. RueE IX. No members shall speak more than twice to the same general question, nor more than once to a “previous question,” without leave of the City Council; nor more than once, in any case, until every member choosing to speak, shall have spoken. RueE. X. While a member is speaking, no mem¬ ber shall entertain any private discourse or pass between him and the Chair. i RueE XI. A member called to order shall imme¬ diately sit down, unless permitted to explain. If there be no appeal, the decision of the Chair shall be con¬ clusive; but if the members appeal to the City Council from the decision of the Chair, the City Council shall decide on the case without debate. RueE XII. Every member who shall be present REVISED ORDINANCES. 17 when a question is stated from the Chair, shall vote thereon, unless excused by the City Council, or unless he be directly interested in the question, in which case he shall not vote. Rule. XIII. No question shall be debated or put, unless it be seconded, and when a motion is seconded, it shall be stated by the Mayor before debate, and every such motion shall be reduced to writing*, if required by a member. Rule XIV. After a motion or resolution is stated by the Mayor, it shall be deemed to be in possession of the City Council, but may be withdrawn at any time before a decision or amendment. Rule XV. If the question in debate contains several distinct propositions, any member may have the same divided. Rule XVI. When a blank is to be filled and different sums or times proposed, the question shall first be put upon the largest sum and longest time. Rule XVII. When a question is under debate, no motion shall be received, unless for the “previous question,” to postpone indefinitely, to adjourn it to a certain day, to lay it on the table, to amend it, or to adjourn the City Council. Rule XVIII. A motion for the previous ques¬ tion, to lay the question on the table, or to commit it until it is decided, shall preclude all amendment and debate of the main question; and a motion to postpone a question indefinitely or to adjourn it to a certain day, shall, until it is decided, preclude all amendments to the main question. -A- Rule XIX. The previous question shall be as follows: “Shall the main question be now put?” Rule XX. A motion to adjourn the City Coun- 18 REVISED ORDINANCES. cil shall always be in order and shall be decided with¬ out debate. Rude XXI. In all cases when a resolution or mo¬ tion shall be entered on the minutes of the City Coun¬ cil, the name of the member moving* the same shall be taken and entered on the minutes. Rule XXII. If any member require it, the ayes and noes upon any question shall be taken and entered upon the minutes. Rule XXIII. All committees shall be appointed by the Mayor, unless otherwise specially directed by City Council, in which case they shall be appointed by ballot. Rule XXIV. Standing* and select committees to whom references are made, shall in all cases report in writing the state of facts and their opinion thereon. Rule XXV. All reports of committees shall be addressed to the “Mayor and Aldermen of the city of Mendota in City Council assembled.’’ Rule XXVI. When a member wishes to present a communication, petition or report, he shall rise in his place and address the chairman in the usual form, and having briefly stated the subject of such communication or report, ask leave to present the same. Rule XXVII. The standing committees of the City Council shall consist of three members each, un¬ less otherwise ordered. Rule XXVIII, The standing committees shall be appointed by the Mayor annually on entering upon the duties of his office, and the person first named on the committee shall be the chairman thereof. The following shall be the standing committees, to-wit: On Streets and Alleys; on Judiciary; on Finance; on REVISED ORDINANCES. 19 Health; on Water Works; on Gas and Light; on Licenses. Rule XXIX. The election of any member of the City Council to the chair during the temporary absence of the Mayor, shall not deprive such member of his vote as Alderman of the ward he represents; and no vote shall be deemed carried unless by a majority of all the Aldermen present. Rude XXX. Regular meetings of the Council shall be held on the 1st Monday evening of each month. Notice of special meetings shall be served by the City Marshal on each Alderman personally, or by leaving the same at his usual place of business or abode. The City Marshal shall have charge of the council room and give his attendance on the council, Ruee XXXI. These rules shall be read by the City Clerk before the City Council upon each and every time that the oath of office shall be administered to an Alderman entitled to a seat in the Council. DIVISION THIRD. POWERS OF THE CITY COUNCIL. REVISED ORDINANCES. 21 POWERS OF THE CITY COUNCIL. An Act to amend Section 1 of Article 5 of “An act to provide for the Incorporation of Cities and Villages.” Approved April 10, 1872, and in force July 1, 1872, as amended. Approved and in force March 30, 1887. POWERS OE THE CITY COUNCIL. Be it enacted by the people of the State of Illinois represented in the General Assembly. Section i. The city council in cities, and pres¬ ident and board of trustees in villages, shall have the following powers: 1. To control the finances and property of the corporation. 2. To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation. 3. To levy and collect taxes for general and special purposes on real and personal property. 4. To fix the amount, terms and manner of issu¬ ing and revoking licenses. 5. To borrow money on the credit of the corpora¬ tion for corporate purposes, and issue bonds therefor, in such amounts and form, and on such conditions as it 22 REVISED ORDINANCES. shall prescribe, but shall not become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate to exceed live (5) per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness; aud before or at the time of incur¬ ring any indebtedness, shall provide for the collection of a direct annual tax, sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years after con¬ tracting the same. 6. To issue bonds in place of, or to supply means to meet maturing bonds, or for the consolidation or funding of the same. 7. To lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks, and public * grounds, and vacate the same. 8. To plant trees upon the same. 9. To regulate the use of the same. 10. To prevent and remove encroachments or ob¬ structions upon the same. 11. To provide for the lighting of the same. 12. To provide for the cleansing of the same. 13. To regulate the openings therein for the lay¬ ing of gas or water mains and pipes, and the building and repairing of sewers, tunnels, and drains, and erecting gas-lights: Provided , hozvever, that any company heretofore organized under the general laws of this State, or any association of persons organized, or which may be hereafter organized, for the pur¬ pose of manufacturing illuminating gas to supply cities or villages, or the inhabitants thereof, with REVISED ORDINANCES. 23 the same, shall have the right, by consent of the common council (subject to existing" rights,) to erect gas factories and lay down pipes in the streets or alleys of any city or village in this State, subject to such regulations as any such city or village may by ordinance impose 14. To regulate the use of sidewalks and all structures thereunder, and to require the owner or occupant of any premises to keep the sidewalks in front of or along the same free from snow and other obstruct¬ ions. 15. To regulate and prevent the throwing or de¬ positing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury to, any street, avenue, • alley, or public ground. 16. To provide for and regulate cross walks, curbs, and gutters. 17. To regulate and prevent the use of streets, sidewalks and public grounds for signs, sign posts, awnings, awning posts, telegraph poles, horse troughs, racks, posting handbills, and advertisements. 18. To regulate and prohibit the exhibition or car¬ rying of banners, placards, advertisements or handbills in the streets or public grounds, or upon the sidewalks. 19. To regulate and prevent the flying of flags, banners, or signs across the streets, or from houses. 20. To regulate traffic and sales upon the streets, sidewalks, and public places. 21. To regulate the speed of horses and other animals, vehicles, cars, and locomotives within the limits of the corporation. 22. To regulate the numbering of houses and lots. 23. To name and change the name of any street, avenue, alley, or other public place. 24 REVISED ORDINANCES. 24. To permit, regulate or prohibit the locating-, constructing- or laying- a track of any horse railroad in any street, alley or public place; but such permission shall not be for a long-er time than twenty years. 25. To provide for and chang-e the location, grades and crossing's of any railroad. 26. To require railroad companies to fence their respective railroad, or any portion of the same, and to construct cattle g-uards, crossing’s of streets and public roads, and keep the same-in repair, within the limits of the corporation. In case any railroad company shall fail to comply with any such ordinance, it shall be liable for all damag-es the owner of any cattle or horses, or other domestic animal, may sustain,by reason of injuries thereto while on the track of such railroad, in like manner and extent as under the g-eneral laws of this State, relative to the fencing- of railroads; and actions to recover such damag-es may be instituted be¬ fore any justice of the peace, or other court of compet¬ ent jurisdiction. 27. To require railroad companies to keep flag-men at railroad crossing’s of streets, and provide protection ag-ainst injury to persons and property in the use of such railroads. To compel such railroads to raise or lower their railroad tracks to conform to any grade which may, at any time, be established by such city, and where such tracks run leng-thwise of any such street, alley or hig-hway, to keep their railroad tracks on a level with the street surface, and so that such tracks may be crossed at any place on such street, alley, or highway. To compel and require railroad companies to make and keep open and to keep in repair, ditches, drains, sewers, and culverts along- these railroad tracks so that filthy or stagnant pools of water cannot 25 REVISED ORDINANCES. stand on their grounds or right of way, and so that natural drainage of adjacent property shall not be impeded. 28. To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the price thereof. 29. To construct and keep in repair culverts, drains, sewers, and cesspools, and to regulate the use thereof. 30. To deepen, widen, dock, cover, wail, alter, or change the channel of watercourses. 31. To construct and keep in repair canals and slips for the accommodation of commerce. 32. To erect and keep in repair public landing- places, wharves, docks, and levees. 33. To reg'ulate and control the use of public and private landing- places, wharves, docks, and levees. 34. To control and reg'ulate the anchorag-e, moorag-e, and landing- of all water craft and their car¬ goes within the jurisdiction of the corporation. 35. To license, regulate, and prohibit wharf-boats, tugs, and other boats used about the harbor or within such jurisdiction. 36. To fix the rate of wharfage and dockage. 37. To collect wharfage and dockage from all boats, raft, or other craft landing at or using any pub¬ lic landing, place, wharf, dock, or levee within the limits of the corporation. 38. To make regulations in regard to the use of harbors, towing of vessels, opening and passing of bridges. 39. To appoint harbor masters and define their duties. 40. To provide for the cleansing and purification of waters, water courses, and canals, and the cleaning 26 REVISED ORDINANCES. or filling- of ponds on private property when necessary to prevent or abate nuisances. 41. To license, tax, regulate, and prohibit hawkers, peddlers, pawn-brokers, keepers of ordinaries, theatri¬ cals, and other exhibitions, shows, and amusements and to revoke such license at pleasure. 42. To license, tax, and regulate truckmen, dray¬ men, omnibus drivers, carters, cabmen, porters, ex¬ pressmen, and all others pursuing like avocations and to prescribe their compensation. 43. To license, regulate, tax, and restrain runners for stages, cars, public houses, or other things or persons. 44. To license, regulate, tax, or prohibit and suppress billiard, bagatelle, pigeon-hole, or any other tables or implements kept or used for a similar pur¬ pose in any place of public resort, pin alleys and ball alleys. 45. To suppress bawdy and disorderly houses, houses of ill-fame or assignation, within the limits of the city, and within three miles of the outer boundaries of the city; and also to suppress gaming and gambling houses, lotteries, and all fraudulent devices and prac¬ tices for the purpose of gaming or obtaining money or property; and to prohibit the sale or exhibition of ob¬ scene or immoral publications, prints, pictures, or illustrations. 46. To license, regulate and prohibit the selling or giving away of any intoxicating malt, vinous, mixed or fermented liquor; the license not to extend beyond the municipal year in which it shall be granted, and to determine the amount to be paid for such license: Pro¬ vided, that the city council of cities, or president and board of trustees in villages, may grant permits to REVISED ORDINANCES. 27 druggists for the sale of liquors for medicinal, mechan¬ ical, sacramental, and chemical purposes only, subject to forfeiture, and under such restrictions and regula¬ tions as may be provided by ordinance: Provided furth¬ er , that in granting- licenses such corporate authorities shall comply with whatever g-eneral law may be in force relative to the granting- of licenses. 47. The foreg-oing- shall not be construed to affect the provisions of the character of any literary institu¬ tion heretofore granted. 48. And the city council in cities, and president and board of trustees in villages, shall also have the power to forbid and punish the selling- or g-iving- away of any intoxicating", malt, vinous, mixed, or fermented liquor to any minor, apprentice or servant, or insane, idiotic or detracted person, habitual drunkard, or per¬ son intoxicated. 49. To establish market and market houses, and provide for reg-ulation and use thereof. 50. To reg-ulate the sale of meats, poultry, fish, butter, cheese, lard, veg-etables, and all other provis¬ ions, and to provide for place and manner of selling the same. 51. To prevent and punish forestalling- and regrating. 52. To regulate the sale of bread in the city or village ; prescribe the weight and quality of the bread in the loaf. 53. To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, meal, and other provisions. 54. To regulate the inspection, weighing, and measuring of brick, lumber, firewood, coal, hay, and any article of merchandise. 28 REVISED ORDINANCES. 55. To provide for the inspection and sealing of weights and measures. 56. To enforce the keeping and use of proper weights and measures by vendors. 57. To regulate the construction, repairs and use of vaults, cisterns, areas, hydrants, pumps, sewers, and gutters. 58. To regulate places of amusement. 59. To prevent intoxication, fighting, quarreling, dog fights, cock fights, and all disorderly conduct 60. To regulate partition fences and party walls. 61. To prescribe the thickness, strength, or man¬ ner of constructing stone, brick, and other buildings, and construction of fire escapes therein. 62. The city council and the president and trus¬ tees in villages, for the purpose of guarding against the calamities of fire, shall have power to prescribe the limits within which wooden buildings shall not be erected or placed or repaired, without permission, and to direct that all and any buildings within the fire limits, when the same shall have been damaged by fire, decay or otherwise, to the extent of fifty per cent, of the value, shall be torn down or removed, and to pres¬ cribe the manner of ascertaining such damage. 63. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stoye pipes, ovens, boilers, and apparatus used in and about any building and manufactory, and to cause the same to be removed, or placed in a safe condition, when con¬ sidered dangerous ; to regulate and prevent the carry¬ ing on of manufactories, dangerous in causing and promoting fires ; to prevent the deposit of ashes in un¬ safe places, and to cause all such buildings and inclos- REVISED ORDINANCES. 29 ures as may be in a dangerous state to be put in a safe condition. 64. To erect engine houses,, and provide fire engines, hose carts, hooks and ladders, and ocher imple¬ ments for prevention and extinguishment of fires, and provide for the use and management of the same by voluntary fire companies or otherwise. 65. To regulate and prevent storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitro-glycerine, petroleum, or any of the pro¬ ducts thereof, and other combustible or explosive material, and the use of lights in stables, shops and other places, and the building of bonfires ; also to regulate and restrain the use of fire works, fire crackers, torpedoes, Roman candles, sky rockets, and other pyrotechnic displays. 66. To regulate the police of the city or village, and pass and enforce all necessary police ordinances. 67. To provide for the inspection of steam boilers. 68. To prescribe the duties and powers of a superintendent of police, policemen, and watchmen. 69. To establish and erect calabooses, bridewells, houses of correction, and work-houses, for the reforma¬ tion and confinement of vagrants, idle and disorderly persons, and persons convicted of violating any city or village ordinance, and make rules and regulations for the government of the same, and appoint necessary keepers and assistants. 70. To use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law, and. with the consent of the county board. 71. To provide by ordinance in regard to the rela¬ tion between all the officers and employes of the corpo- 30 REVISED ORDINANCES. ration in respect to each other, the corporation, and the people. 72. To prevent and suppress riots, routs, affrays, noises, disturbances, disorderly assemblies in any pub¬ lic or private place. 73. To prohibit and punish cruelty to animals. 74. To restrain and punish vagrants, mendicants, and prostitutes. 75. To declare what shall be a nuisance, and to abate the same; and to impose fines upon parties who may create, continue, or suffer nuisances to exist. 76. To appoint a board of health, and prescribe its powers and duties. 77. To erect and establish hospitals and medical dispensaries, and control and regulate the same. 78. To do all acts, make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease. 79. To establish and regulate cemeteries, within or without the corporation, and acquire lands therefor, by purchase or otherwise, and cause Cemeteries to be removed, and prohibit their establishment within one mile of the corporation. 80. To regulate, restrain, and prohibit the running at large of horses, cattle, swine, sheep, goats, geese, and dogs, and to impose a tax on dogs. 81. To direct the location and regulate the man¬ agement and construction of packing houses, renderies, tallow chandleries, bone factories, soap factories, and tanneries, within the limits of the city or village, and within the distance of one mile without the city or vil¬ lage limits. 82. To direct the location and regulate the use and construction of breweries, distilleries, livery jstables, REVISED ORDINANCES. 31 blacksmith shops, and foundries within the limits of the city or village. 83. To prohibit any offensive or unwholesome business or establishment within, or within one mile of, the limits of the corporation. 84. To compel the owner of any grocery, cellar, soap or tallow chandlery, tannery, stable, pig-sty, privy, sewer, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof. 85. The city council, or trustees of a village, shall have power to provide for taking the city or vil¬ lage census ; but no city or village census shall be taken by authority of the council or trustees oftener than once in three years. 86. To provide for the erection and care of all public buildings necessary for the use of the city or village. 87. To establish ferries, toll-bridges and license and regulate the same, and from time to time, to fix the tolls thereon. 88. To authorize the construction of mills, mill- races and feeders on, through or across the streets of the city or village, at such places and under such restrictions as they shall deem proper. 89. The city council shall have power by con¬ demnation or otherwise, to extend any street, alley or highway over or across, or construct any sewer under or through any railroad track, right of way, or land of any railroad company (within the corporate limits) but when no compensation is made to such railroad com¬ pany, the city shall restore such railroad track, right of way or land to its former state or in a sufficient manner not to leave impaired its usefulness. 32 REVISED ORDINANCES. 90. The city council or board of trustees shall have no power to grant the use of; or the right to lay down any railroad tracks in any street of the city to any steam, dummy, electric, cable,horse, or other rail¬ road company, whether the same shall be incorporated under any general or special law of the state now or hereafter in force, except upon the petition of the own¬ ers of the land representing more than one half of the frontage of the street or so much thereof as is sought to be used for railrod purposes and when the street or part thereof sought to be used shall be more than one mile in extent, no petition of land owners shall be valid unless the same shall be signed by the owners of the land representing more than one half of the frontage of each mile and of the fraction of a mile if any in ex¬ cess of the whole miles measuring from the initial point named in such petition, of such street or of the part thereof sought to be used for railroad purposes. 91. To tax, license, and regulate auctioneers, dis¬ tillers, brewers, lumber yards, livery stables, public scales, money changers, and brokers. 92. To prevent and regulate the rolling of hoops, playing of ball, flying of kites,or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams and horses. 93. To regulate and prohibit the keeping of any lumber yard, and the placing or piling or selling any lumber, timber, wood, or other combustible material, within the fire limits of the city. 94. To provide, by ordinance, that all the paper, printing, stationery, blanks, fuel, and all the supplies needed for the use of the city, shall be furnished by contract, let to the lowest bidder. REVISED ORDINANCES. 33 95. To tax, license, and regulate second hand and * junk-stores, and to forbid their purchasing- or receiv¬ ing- from minors, without the written consent of their parents or g-uardians, any article whatsoeyer. 96. To pass all ordinances, rules, and make all regulations, proper or necessary to carry into effect . the powers granted to cities or villag-es, with such fines or penalties as the city council or board of trustees shall deem proper; -provided , no fine or pen¬ alty shall exceed $200, and no imprisonment shall ex¬ ceed six months for one offense. An Act to extend the powers of the city council in cities and the President and Board of Trustees, in villag-es and incorporated towns. Approved June 16, 1887. In force July 1, 1887. . < Section 1. That the city council in cities and the president and board of trustees in villag-es and in¬ corporated towns shall have power to license, tax, reg-ulate, suppress, or prohibit itinerant merchants and transient venders of merchandise. DIVISION FOURTH. GENERAL ORDINANCES OF THE CITY OF MENDOTA. 36 REVISED ORDINANCES. GENERAL ORDINANCES OF THE CITY OF MENDOTA. CHAPTER I. Section 1. 2 . 3. 4. 5 . 5. 7. 8 . 9. 10 . 11 . 12 . THE MAYOR AND HIS DUTIES. The Mayor—his qualifications. Enforce ordinances—preside at meetings—vote in case of a tie, etc. Vacancy. Mayor pro tem. Giving bond. Appointment of city officers—filling vacancies. Supervise conduct of officers. Removals—report reasons to council—disapproval. Ordinances—approval—veto. Signing commissions, contracts, etc. Additional duties. Salary. Be it ordained by the City Council of the city of Mendota : SECTION 1. The mayor—his qualifications. The mayor shall be the chief executive officer of the city of Mendota ; he shall be a citizen of the United States, a qualified elector, reside within the city limits, and shall hold his office for two years, and until his suc¬ cessor is elected and qualified. REVISED ORDINANCES. 37 Sec. 2. Enforce ordinances—-preside at meeting’s —vote in case of a tie , etc. The mayor shall devote so much of his time to the duties of his office as a faithful and efficient discharge thereof may require; he shall take care that all the ordinances of said city are duly en¬ forced, respected and observed ; he shall preside at all the meetings of the city council, but shall not vote except in case of a tie, when he shall give the casting vote; he shall preserve order and decorum ; and gen¬ erally do and perform all acts and things, which are enjoined upon him by the laws of the State of Illinois, and the ordinances of the city of Mendota. Sec. 3. Vacancy. Whenever any vacancy shall happen in the office of mayor, on account of death, resignation, removal from the limits of the city, or for any other cause, when the unexpired term shall be one year or over from the date of such vacancy, it shall be filled by an election, and the clerk shall give notice of such election as required by law governing special elections ; if such vacancy is less than one year, the city council shall elect one of its number to act as mayor, who shall possess all the rights and powers of the mayor until the next annual election, and until the successor is elected and qualified. Sec. 4. Mayor pro tem. During the temporary absence or disability of the mayor,the city council shall elect one of its number to act as mayor pro tem, who, during such absence or disability, shall possess the powers of mayor. Sec. 5. Giving bond. The mayor, before enter¬ ing upon the duties of his office shall execute a bond to said city in the penal sum of three thousand dollars, with such sureties as the city council shall approve, 38 REVISED ORDINANCES. conditioned for the faithful performance of the duties uf the office. Sec. 6. Appointinent of city officers.—Filling vacancies. —The mayor shall appoint, by and with the consent of the city council, all officers of said city, whose appointments are not otherwise provided by law; and whenever a vacancy shall occur in any office which by law or ordinance he is empowered and required to fill, he shall, at the next regular meeting- of the city council, communicate to the city council the name of his appointee to such office, and pending- the concur¬ rence of the council in such appointment, he may desig*- nate some suitable person to discharg-e the functions of such office. Sec. 7. Supervise the conduct of officers. —The mayor shall supervise the conduct of all of the officers of the city, and see that they faithfully and efficiently discharg-e the duties of their respective offices; he shall inquire into all reasonable complaints made ag-ainst them, and cause all their neglects or violations of duty to be promptly corrected ; and he shall, in case he becomes satisfied that any officer willfully neg-- lects or violates his duty, cause such officer to be pros¬ ecuted and punished ; and he shall, from time to time, g-ive the council such information,relative to the affairs of the city, as he may deem proper, and recommend for their consideration any measure that he may deem ex¬ pedient, tending- to the well-being - , security, or im¬ provement of the city. SEC. 8. Removals—report reasons to council — disapproval. The mayor shall have power to remove any officer appointed by him, on any formal charg-e, whenever he shall be of the opinion that the interests of the city demand such removal; but he shall report REVISED ORDINANCES. 39 the reasons for such removal to the city council at a meeting - to be held not less than five days nor more than ten days after such removal; and if the mayor shall fail or refuse to file with the city clerk a statement of the reasons for such removal, or if the city council by a two-thirds (§) vote of all its members authorized by law to be elected,by yeas and nays, to be entered upon its record, disapprove of such removal, such officer shall thereupon become restored to the office from which he was so removed, but he shall give new bonds and take a new oath of office. No officer shall be removed a second time for the same offense. Sec. 9. Ordinances — a-pf^roval — veto. The mayor shall carefully inspect all ordinances passed by the council and affix his official signature to such as he may approve and return them to the city clerk, within ten days after their passag-e; and all ordinances passed as aforesaid which do not meet his approval, he shall return to the council with his objections thereto in writing at the next regular meeting of the council, occurring not less than five days after the passage thereof. Such veto may extend to any one or more items or appropriations contained in any ordinance; or to the entire ordinance; and in case the veto only ex¬ tends to a part of such ordinance the residue thereof shall take effect and be in force; but in case the mayor shall fail to return any ordinance with his objections thereto, by the time aforesaid, he shall be deemed to have approved such ordinance and the same shall take effect accordingly. Sec. 10. Sign all commissions , contracts , etc. The mayor shall sign all commissions, licenses, permits, and warrants granted, issued or drawn by order of the city council, or authorized by the ordinances of said city; in 40 REVISED ORDINANCES. all contracts where the city is a party, he shall sign the same on behalf of the city, and it shall be his special duty to see that the other contracting party, faithfully complies with the contract, and in all suits where the city is a party, it shall be the duty of the mayor to advise with and assist the city attorney in prosecuting or defending the same, as the case may be. Sec. 11. Additio?ial duties. In addition to the above and foregoing, the mayor shall perform all such other and further duties pertaining to his office as are or may be required of him by the laws of the state of Illinois, or the ordinances of the city of Mendota. Sec. 12. Salary. The mayor shall receive an annual salary of one hundred dollars to be paid quarterly in lieu of all other compensation, perquisite, or benefit in any form whatsoever. Section 1. 2 . 3. 4. 5. 6 . 7. 8 . 9. 10 . 11 . 12 . 13. 14. 15. 16. 17. CHAPTER II. THE CITY COUNCIL. The council—how composed. Qualification of aldermen. Term of office. Regular meetings. Special meetings. Appointment of committees. Duties of standing committees. Quorum. Compelling attendance. Members required to vote—when. When yeas and nays required. No vote reconsidered at special meeting. Passing of measure over veto. Attaching documents to reports. Reports of committees deferred. The municipal year. The fiscal year. REVISED ORDINANCES. 41 Section 18. 19. 20 . 21 . 22 . 28. 24. 25. 26. 27. Borrow money—limitation. Annual appropriation ordinance. Limitation—emergency. Contracting- liabilities limited. Annual tax levy. Manner of collectings Time of paying- over. When levied for particular purpose. Uniformity of taxation. Salary of Aldermen. Be it ordained[ by the city council of the City of Mendota: Section 1. The council—hozv composed — fil¬ ing vacancies. The city council shall consist of the mayor and two aldermen from each ward; it shall be the judge of the election and qualification of its own members, and in case any vacancy shall occur in the office of aldermen by death, resignation, removal, or any other cause such vacancy shall be filled by an election. Sec. 2- Qualification of aldermen. No person shall be eligible to the office of alderman unless he shall be a qualified elector and reside within the ward for which he was elected, nor shall he be eligible if he is in arrears in the payment of tax or any other liability due to the city, nor shall he be directly or indirectly inter¬ ested in any contract whatever to which the city is a party; nor shall he be eligible if he shall have been convicted of malfeasance, bribing, or corrupt practices or crime; nor shall he be eligible to any office, the salary of which is payable out of the city treasury, if at the time of his appointment he shall be a member of the city council, nor shall any member of the city coun¬ cil at the same time hold any other office under the city government, nor shall he be either directly or indirectly, individually or as member of a firm engaged in any business transaction (other than official) with 42 REVISED ORDINANCES. such city, through its mayor or any of its authorized boards, agents, or attorney whereby any money is to be paid directly or indirectly out of the city treasury to such firm or firms. Sec. 3. Term of office. Aldermen shall hold their office for the term of two years and until their successors are elected and qualified. Sec. 4. Regular meeting's. The regular meet¬ ings of the city council of the city of Mendota shall be held in the council chamber at thecit} hall, on the first Monday evening of each month. Adjourned meetings may be held for the purpose of completing the unfin¬ ished business of the regular meeting, at such time or times as may be determined by the council. Sec. 5. special meetings. Special meetings of the city council may be called by the mayor or any three aldermen whenever in their discretion, they may deem it necessary, in which event such meeting shall be called in the following manner: The mayor or three aldermen, as the case may be, shall file in the city clerk’s office a statement in writing, setting forth the object and purpose of such special meeting and direct¬ ing the clerk to give notice of the same. Upon the fil¬ ing of such statement the city clerk shall cause to be served personally upon each member of the council, or left at his usual place of business a notice of such sp( - cial meeting, setting forth the object and purpose thereof, and the time of holding the same. No busi¬ ness other than that mentioned in the call shall be transacted at such special meeting. Sec. 6 . Appointment of committees. It shall be the dut} 7 of the mayor at the first regular meeting of the council in May of each year, or as soon thereafter as maybe, to appoint seven standing committees of the REVISED ORDINANCES. 43 city council, each to consist of three aldermen, except the committee on streets and alleys, which shall consist of four, which shall be as follows : 1. Committee on Streets and Alleys. 2 . 3. 4. *5. 6 . 7. 11 t i 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Judiciary. Finance. Health. Water works. Gas and Light. Licenses. Sec. 7. Duties of standing" committees . It shall be the duty of the standing committees of the coun¬ cil to keep a close watch of the affairs of their respec¬ tive departments of the city government; they shall have the general management, control, and supervision over all work and things ordered to be made or done by the council, in their respective departments, and they shall make report to the council of whatever facts may be deemed of importance. Hach committee shall promptly and thoroughly investigate and report in writing upon all matters referred to it by the council, and do and perform such other and further duties as the council may, from time to time, by ordinance, resolu¬ tion, or motion prescribe. Sec. 8. Quorum. A majority of the aldermen shall constitute a quorum to do business, but a smaller number may adjourn from time to time and may compel the attendance of absentees under the penalties prescribed by section 9 of this ordinance. Sec. 9. Comfiellmg Attendance. In case of the want of a quorum at any time of the city coun¬ cil, in case a majority of the members present shall direct, the mayor or presiding officer shall direct the marshal, or any police officer to go out and arrest 44 REVISED ORDINANCES. and bring - in any and all absent members that can be found in the city, who are not unable through sickness to attend ; and any member who purposely absents himself from the city to avoid attending - any meeting of the council, or being - in the city, conceals himself from such officer, or refuses to be brought in when found, shall be deemed guilty of disorderly conduct and be subjected to a fine of twenty-five dollars, and the council may, with the concurrence of two-thirds of all the aldermen elect, expel such member, in which event his seat shall be deemed vacant, and be filled by an election as in other cases of vacancy. Sec. 10. Members required to vole — zvhen. E}very member of the council shall vote on all questions in which they are not directly and personally interested which maybe brought before the council for its action in such manner as to require a vote to be taken thereon, unless such member be excused by a vote of two-thirds of all the other members present. Sec. 11. Teas and. nays — Record—Vote required. The yeas and nays shall be taken upon the passage of all ordinances, and on all propositions to create any liability against the city, or for the expenditure or appropriation of its money, and in all other cases at the request of any member which shall be entered on the journal of its proceedings ; and the concurrence of a majority of all the members elected in the city coun¬ cil shall be necessary to the passage of any such ordin¬ ance or proposition. Provided , it shall take two-thirds of all the aldermen elect to sell any city or school property. Sec. 12. Not to rescind vote at special meeting - unless , etc. No vote of the city council shall be recon¬ sidered or rescinded at a special meeting, unless at REVISED ORDINANCES. 45 such special meeting- there be present as large a num¬ ber of aldermen as were present when such vote was taken. SEC. 13. Passing" an ordinance over veto. In case the mayor shall veto any ordinance or any part of an ordinance and return the same to the council, tog-ether v ; ith his objections thereto, the vote by which the same was passed shall be reconsidered by the council; and if after such reconsideration two-thirds of all the members elected to the city council shall agree by yeas and nays to pass the same, it shall go into effect, notwithstanding the mayor may refuse to approve thereof. The vote to pass the same over the mayor’s veto shall be taken by yeas and nays, and entered on the journal. Sec. 14. Attaching documents to reports. IOvery committee of the city council, in reporting upon any subject referred to it, shall attach to their report all papers or documents in the possession of the com¬ mittee relative to the matter so referred. Sec. 15. When report laid over. Any report of a committee of the council shall be deferred for final action thereon, to the next regular meeting of the same after the report is made, upon the request of any two aldermen present. Sec. 16. Municipal year. The municipal year of the city of Mendota shall commence on the first Monday in May in each and every year. Sec. 17. The Fiscal year. The fiscal year of the city of Mendota shall commence on the first Mon¬ day in April of each and every year. Sec. 18. Borrozv money. The city council may whenever the interests of the city require it borrow money on the corporation for corporate purposes, and 46 REVISED ORDINANCES. issue bonds therefor, in such amounts and form, and on such conditions as it shall prescribe, but shall not be¬ come indebted in any manner or for any purpose to an amount, including 1 existing indebtedness, in the aggre¬ gate to exceed five (5) per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness; and before or at the time of incurring any indebtedness, shall provide for the collection of a direct annual tax sufficient to pay the interest on such debt as falls due, and also to pay and discharge the principal thereof within twenty years after contracting the same. Sec. 19. Annual appropriation ordinance. The city council shall within the first quarter of each fiscal year, pass an ordinance, to be termed the annual appro¬ priation bill, in which such corporate authorities may appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporation; and in such ordinance shall specify the objects and purposes for which such appropriations are made, and the amount appropriated for each object or purpose. No further appropriations shall be made at any other time within such fiscal year, unless the proposition to make each appropri¬ ation has been first sanctioned by a majority of the legal voters of such city or village, either by a petition signed by them, or at a general or special election duly called therefor. Sec. 20. Limitation—emergency — borrozuing money. Neither the city council nor any department or officer of the corporation, shall add to the corpor¬ ation expenditures in any one year anything over and above the amount provided for in the annual appro- REVISED ORDINANCES. 47 priation bill of that year, except as is herein specially provided; and no expenditure for an improvement to be paid for out of the general fund of the corporation shall exceed, in any one year, the amount provided for such improvement in the annual appropriation bill: Provided , however , that nothing herein contained shall prevent the city council from ordering, by a two- thirds vote, any improvement, the necessity of which is caused by any casualty or accident happening after such annual appropriation is made. The city council may, by a like vote, order the mayor and finance com¬ mittee to borrow a sufficient amount to provide for the expense necessary to be incurred in making any im¬ provements, the necessity of which has arisen as is last above mentioned, for a space of time not exceeding the close of the next fiscal year—which sum, and the in¬ terest, shall be added to the amount authorized to be raised in the next general tax levy, and embraced there¬ in. Should any judgment be obtained against the corporation, the mayor, and finance committee, under the sanction of the city council, may borrow a sufficient amount to pay the same, for a space of time not ex¬ ceeding the close of the next fiscal year—which sum and interest shall, in like manner, be added to the amount authorized to be raised in the general tax levy of the next year, and embraced therein. Sec. 21. Contracting liabilities limited. No con¬ tract shall be hereafter made by the city council, or any committee or member thereof; and no expense shall be incurred by any of the officers or departments of the corporation, whether the object of the expenditure shall have been ordered by the city council or not, un¬ less an appropriation shall have been previously made 48 REVISED ORDINANCES. concerning- such expense, except as therein otherwise expressly provided. Sec. 22. Annual tax levy. The city council shall annually,on or before the third Tuesday in September in each year, ascertain the total amount of appropriations for all corporate purposes leg-ally made, and to be col¬ lected from the tax levy of that fiscal year; and by an ordinance specifying- in detail the purposes for which such appropriations are made, and the sum or amount appropriated for each purpose respectively, levy the amount so ascertained upon all the propert}^ sub¬ ject to taxation within the city as the same is assessed and equalized for state and county purposes for the current year. A certified copy of such ordinance shall be filed with the county clerk, whose duty it shall be to ascertain the rate per cent., which upon the total valuation of all the property subject to taxation with¬ in the city as the same is assessed and equalized for state and county purposes, will produce a net amount not less than the amount so directed to be levied; and it shall be the duty of the county clerk to extend such tax in a separate column upon the book, or books of the collector, or collectors of the state and county taxes within: Provided , the ag-greg-ate amount of taxes levied for any one year, exclusive of the amount levied for the payment of bonded indebtedness, or the inter¬ est thereon, shall not exceed the rate of two (2) per centum upon the ag-greg-ate valuation of all the prop¬ erty within the city subject to taxation as the same was equalized for state and county taxes of the pre- ceeding- year. Sec. 23. Manner of collecting-. The tax so assessed shall be collected and enforced in the same • manner and by the same officers as state and county REVISED ORDINANCES. 49 taxes, and shall be paid over by the officers collecting 1 the same to the treasurer of the city. Sec. 24. Time of paying’ over. It shall be the duty of the officer collecting such tax to settle with and pay over to such treasurer, as often as once in two weeks from the time he shall commence the collection thereof, all such taxes as he shall then have collected, till the whole tax collected shall be paid over. SEC. 25. When tax levied for particular purpose. Whenever the city is required to levy a tax for the payment of any particular debt, appropriation or liability of the same, the tax of such purpose shall be included in the total amount assessed by the city council, and certified to the county clerk as aforesaid; but the city council shall determine, in the ordinance making such assessment, what proportion of such total amount shall be applicable to the payment of such particular debt, appropriation, or liability; and the city treasurer shall set apart such proportion of the tax collected and paid to him for the payment of such par¬ ticular debt, appropriation, or liability, and shall not disburse the same for any other purpose until such debt, appropriation, or liability shall have been dis¬ charged. Sec. 26. Uniformity. All taxes levied or assessed by the city council, except special assessments for local improvements, shall be uniform upon all taxable prop¬ erty and persons within the limits of the city, and no property shall be exempt therefrom other than such property as may be exempt from taxation under the constitution and general laws of the state. Sec. 27. Salary. Each alderman shall receive the sum of two dollars for»each and every regular meeting of the city council actually attended by him. 50 REVISED ORDINANCES. CHAPTER III. THE CITY CLERK. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . Term of office, oath and bond. Keeping- minutes, serving- notices. Corporate seal and certified copies of papers. Record, ordinances and properly indexed. Publish ordinances. Deliver papers to committees and officers. Prepare official papers. Appoint deputy—When . Notice of election or appointment. Charg-e of official papers. Keep record of bonds, etc. Keep list of warrants—How signed . Record of elections and appointments. Keep record, turn same over to successor. Salary. i Be it ordained by the City Council of the City of Mendota: Section 1 . Oath ond bond. The citv clerk, before entering- upon the duties of his office, shall take the prescribed oath for the other city officers, shall exe¬ cute a bond to the city of Mendota in the penal sum of five hundred dollars, with such sureties as may be ap¬ proved by the city council, conditioned for the faithful performance of the duties of his office, and the pay¬ ment of all moneys that may be received by him, ac¬ cording to law and the ordinances of said city, which bond shall be filed with the city treasurer. He shall hold his office for two yeurs and until his successor is duly elected and qualified. REVISED ORDINANCES. 51 Sec. 2. Keeping minutes , serving notices , etc. The city clerk shall attend all meetings of the city council, and shall keep in a suitable book, to be styled “Record of the City Council,'’ a full and faithful record of its proceeding’s. He shall issue and cause to be served upon all aldermen notices of all special meeting’s of the city council ; also notices to the mem¬ bers of the different committees of that body, and to all other persons whose attendance may be required before any such committee, when so directed by the chairman thereof. Sec. 3. Corporation seal and certified copies of papers. The clerk shall keep the corporate seal, to be provided under the direction of the city council, and all papers belonging- to the city, and copies of all papers duly filed in his office, and transcripts from the records and files in his office, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the originals were produced. Sec. 4. Record ordinances . The clerk shall record and properly index in a book kept for that pur¬ pose all ordinances passed by the city council, and at the foot of the record of each ordinance so recorded he shall make a memorandum of the date of the passag’e and of the publication of such ordinance, which record and memorandum, or a certified copy thereof, shall be prima facie evidence of the passag’e and leg’al publica¬ tion of such ordinance for all purposes whatever. Sec. 5. Publish ordinances. The clerk shall cause all ordinances passed by the city council, impos¬ ing - any fine, penalty, imprisonment, or forfeiture, or making- any appropriation, to be published once, and that within thirty days after their passag’e, in such public newspaper, printed in said city, as the city 52 REVISED ORDINANCES. council shall designate, and shall file and preserve in his office one or more copies of the paper containing every ordinance so published. SEC. 6 . Deliver ;papers lo committes and officers. Said clerk shall without delay, upon the adjournment of each meeting- of the city council, notify, and upon demand, shall deliver to the several committees of that body, and to the officers of the corporation, all peti¬ tions, communications, reports, resolutions, orders, claims, and other papers referred to those committees or officers by the council. He shall also, without de¬ lay, deliver to the mayor all ordinances or resolutions, in his charge, which may require to be approved, or otherwise acted upon by the mayor. ScE. 7. Prepare official papers. Said clerk shall prepare all commissions, licenses, permits, and other official documents required to be issued by him under the laws and ordinances of the city, and shall attest the same with the corporate seal ; and he shall in like manner, attest all deeds for the sale of real estate owned and conveyed by the city. Sec. 8. Appoint deputy—*when . He may, when necessary, at his own expense, and upon the approval of the mayor, appoint a deputy, who, during the temporary absence or disability of the clerk, shall be empowered to perform all the duties of the city clerk. Sec. 9. Nature of election or appointment. It shall be the duty of the clerk, within five days after the election is declared, or appointment is made, to notify all persons elected or appointed to office, of their election or appointment, and unless such persons shall respectively qualify within ten days after such elec¬ tion, the office shall become vacant. REVISED ORDINANCES. 53 Sec. 10. Charge of official papers. The clerk shall have the charge, custody, and control of all deeds, leases, warrants, contracts, bonds, obligations, vouch¬ ers, books, and papers of every kind, the custody of which is not herein given to any other officer. Sec. 11. Keep record of all bonds , etc . The clerk shall keep in his office, in a book or books, kept expressly for that purpose, a correct list of all the out¬ standing bonds of the city, showing the number and amount of each, for and to whom the said bonds are issued, and when any city bonds are purchased, or paid, or cancelled, said book or books shall show the fact. Sec. 12. Keep list of zuarrants. Said clerk shall keep in a suitable book an accurate list of all warrants drawn upon the city treasurer, showing the date, number and amount of each, and the name of the person in whose favor drawn. All warrants drawn upon the city treasurer shall be signed by the mayor, and countersigned by the clerk, and shall specify there¬ in the particular fund or appropriation to which the same is chargeable and the person to whom payable ; and no money shall be otherwise paid than upon such warrants so drawn. Sec 13. Record elections and appointments. The clerk shall keep a record of the election or appointment and confirmation of all officers of the city, and said record shall be so ruled and headed that the same shall exhibit the name of the officer, to what office elected or appointed, the date of confirmation, or election, the date of commission, and the date of death, resignation, removal or expiration of term of office, with a column for remarks. 54 REVISED ORDINANCES. Sec. 14. Keef> record—turn same over to suc¬ cessor. The clerk shall carefully preserve in his office all books, records, papers, maps, and effects of every description belonging to the city or appertaining to said office, and on the expiration in any way of his offi¬ cial term he shall deliver all such books, records, papers, and effects to his successor in office. Sec. 15. Salary . The city clerk shall receive an annual salary of two hundred and fifty dollars pay¬ able quarterly. And in addition he shall receive one dollar each for issuing licenses or permits, excepting licenses to residents for which he shall receive fifty cents to be paid by the parties obtaining the same. CHAPTER IV. Section 1. 2 . 3 . 4 . 5 . G. 7 . 8 . 9 . 10 . 11 . 12 . 13 . CITY ATTORNEY. Term of office—taking- oath and giving bond. The legal adviser of the city. To draw and examine all papers. To prosecute and defend all suits. To collect all judgments. To prosecute for violation of ordinances. Power to dismiss suits. Appeals from Justices. Annual report. To keep record. Turn over to successor. Employment of deputy. Salary. Be it ordained by the City Council of the City of Mendota: Section 1. Taking oath and giving bond. The city attorney shall, before entering upon the duties of his office,take the oath prescribed by law for city officers and execute a bond to the city of Mendota in the penal sum REVISED ORDINANCES. 55 of five hundred dollars with such sureties as the coun¬ cil shall approve, conditioned for the faithful perform¬ ance of the duties of said office. He shall hold his office for two years and until his successor is duly elected and qualified. Sec. 2. Legal adviser of the city. The city attorney shall be the leg*al adviser of the city; he shall, when required, advise the city council, or any city officer in all matters of law, in which the interest of the corporation are involved. He shall, when required by the mayor, city council, or any committee thereof, furnish written opinions upon any subject submitted to him, pertaining- to the city or its interests. Sec. 3. To draw all papers. The city attorney shall draw such ordinances, deeds, leases, bonds, con¬ tracts, notices, or such other instruments in writing* as may be required of him by the mayor, city council or any committee thereof, and he shall examine and pass upon the leg-ality of any and all papers submitted to him pertaining- to the city or its interests, when required by the mayor, city council, or any committee thereof. SEC. 4. To prosecute and defend all suits. Said attorney shall prosecute or defend on behalf of the city in all cases in which the interests of the cor¬ poration are involved; and the city clerk shall furnish him with certified copies of any ordinance,bond,or other papers in his keeping- necessary to be filed or used in any suit or proceeding-. Sec. 5. To collect judgments . He shall cause executions to be issued upon all judg-ments recovered in favor of the city, and see to their prompt collection. He shall examine all fee bills of officers of courts and certify to the correctness of the same, and the liability of the city therefor. 56 REVISED ORDINANCES. Sec. 6. To prosecute for violation of ordinances. He is hereby charged with the prosecution of all actions for violations of the ordinances of the city, and with the conducting- of all proceedings in justices’ courts, or on appeal therefrom. He shall institute and prosecute an action in eyery case where there has been a violation of the city ordinances, when instructed to do so by the mayor, the city council, or the chief officer of any de¬ partment of the city government; or upon complaint of any other person, when, in his judgment, the public interest shall require that the same be prosecuted. Sec. 7. Power to dismiss suits. He shall not be required to prosecute any suit or action arising under the ordinances of the city, when, upon investigation of the same, he shall become satisfied that the complaint was instituted maliciously or vexatiously, and without probable cause; and he shall be authorized to discon¬ tinue anv such suitor proceeding upon such terms as he may deem just and equitable. Sec. 8. Appeals fro?n justices. An appeal may be taken by the city attorney from the judgment of any police magistrate or justice of the peace, to the county or circuit court of LaSalle county, in any case, when in his opinion, the public interest may require it; but no appeal or writ of error shall be taken by said attor¬ ney, on behalf of the corporation, to any higher court, unless the same shall be authorized by the mayor, or directed by fhe city council. Sec. 9. Annual report. Said attorney shall, an¬ nually, on or before the first Monday in May, of each year, report in writing to the city council all suits instituted and pending in the courts of record, wherein the city of Mendota is plaintiff or defendant. In said report he shall state the names of the parties to the 57 REVISED ORDINANCES. suit, the date of their commencement, the nature there¬ of, and the several steps taken by him to bring* the same to final issue; and he shall also give a list of all cases disposed of in any court of record during his term of office and subsequent to his last report, with such explanatory remarks as he may think proper to add thereto, to the end that the council may be kept fully advised as to the legal affairs of the city. Sec. 10. To keep record. It shall be the duty of said attorney to keep, in a suitable book to be pro¬ vided by the city for that purpose,a record of all writ¬ ten opinions given or furnished by him to said city; and he shall also keep a register of all actions in courts of record, prosecuted or defended by him, in which the city was a party, and of the various proceedings in connection therewith, and such books shall, at all reasonable hours, be subject to inspection or examin¬ ation by the mayor or any member of the city council. Sec. 11. Shall turn over to successor. Upon ex¬ piration of his term of office, or resignation, or removal therefrom, he shall forthwith turn over to his successor in office all deeds, leases, papers, or books in his hands belonging to the city, together with a statement in writing showing what action, if any, has been taken in any action or actions pending, wherein the city is party, and giving such information as he may possess with respect to evidence, or witnesses in such action or actions. Sec. 12. Employment of deputy. In case of temporary absence or inability of the city attorney to attend to the duties of his office, he may, with the approval of the mayor and judiciary committee, and at his own expense, appoint or employ some competent attorney to act in his place. 58 REVISED ORDINANCES. Sec. 13. Salary . The city attorney shall receive an annual salary of one hundred dollars, to be paid quarterly, and when attending to the business of the city at Ottawa he shall be entitled to a reasonable compensation. CHAPTER V. CITY TREASURER. Section 1. 2 . 3 . 4 . 5 . 6 .. 7 . 8 . 9 . 10 . Term of office—oath and bond. Receive money—keep accounts—give receipts. Keep register. Keep special assessment fund separate. Not to use city funds. Report delinquent officers. Method of keeping books. Monthly statements to council. Annual statement. Salary. Be it ordained by the City Council of the City of Mendota: SEC. 1. Term of office—oath and bond. The city treasurer shall be elected and hold his office for two years and until his successor is elected and quali¬ fied, provided that no person shall be elected to the office of city treasurer for two terms in succession. He shall before entering upon the duties of his office take the oath prescribed for city officers and shall execute a bond to the city of Mendota in a penal sum not less than the amount of the estimated city tax and special assessments for the current year, with at least two good and sufficient sureties, to be approved by the city council, conditioned for the faithful performance of the duties of his office, and the payment of all money re¬ ceived by him, according to law and the ordinances of said city. REVISED ORDINANCES. 59 Sec. 2. Receive money—keep account—give receipts. Said treasurer shall receive all moneys be¬ longing- to the city, and shall keep a separate account of each fund or appropriation and debits and credits belonging thereto. He shall give to every person pay¬ ing money into the city treasury a receipt therefor, specifying the date of the payment and upon what ac¬ count paid; and he shall file copies of such receipts with the city clerk at the date of his monthly report. Sec. 3. Keep register. He shall keep an accur¬ ate register of all warrants redeemed and paid by him, showing the number, date and amount of each, the fund from which paid, and the name of the person to whom and when paid; and he shall cancel all warrants as soon as redeemed by him. Sec. 4. Keep special assess7ne?it fund separate . All moneys received by the city treasurer on any spe¬ cial assessment or special tax, shall be held by him as a special fund, to be applied to the payment of the im¬ provement for which such special assessment or special tax was made, and said money shall be used for no other purpose ‘whatever, except to reimburse the city for money expended for such improvement. Sec. 5. Not to use city funds. The city treas¬ urer shall keep all moneys in his hands belonging to the city separate and distinct from his own money,and he is hereby expressly prohibited from using, either directly or indirectly, the city moneys or warrants, in his custody or keeping, for his own use and benefit, or that of any other person or persons whomsoever; and any violation of this section shall subject him to removal from office. Sec. 6. Report delinquent officers. It shall be the duty of the treasurer to report to the city clerk 60 REVISED ORDINANCES. any officer authorized to receive money for the use of the city who may fail to make a return of the moneys received by him at the time required by law, or by the ordinances of the city. Sec. 7. Method of kee-ping books. Said treas¬ urer shall keep his books and accounts in such manner as to show with entire accuracy all moneys received and disbursed by him for the city, stating - from whom and on what account received, and to whom and on what account paid out, and in such way that said books and accounts will exhibit at all times the true financial con¬ dition of the city, and in such manner as may be readily investigated and understood; and the same, together with all files and papers of said office, shall be at all times open to examination by the mayor, the clerk, the finance committee or any member of the city council. SEC. 8. Monthly state?nents to council. The city treasurer shall, at the first regular meeting in each month, render an account, under oath, show¬ ing the state of the treasury at the date of such account, the condition of each appropriation, and the balance of money in the treasury. He shall also accom¬ pany such accounts with a statement of all moneys re¬ ceived into the treasury, and on what account, together with all warrants redeemed and paid by him; which said warrants, with any and all vouchers held by him, shall be delivered to the clerk, and filed with his said account in the clerk’s office upon the day of such settle¬ ment. He shall return all warrants paid by him stamped or marked “paid.” He shall keep a register of all warrants. Sec. 9. Annual statement. The city treasurer shall annually, between the 1st and 10th of May,make out and file with the city clerk, a full and detailed ac- REVISED ORDINANCES. 61 count of all the receipts and expenditures of said city, and of all his transactions as such treasurer during- the preceding- fiscal year, which statement shall exhibit, under separate and appropriate heading's, the several accounts with the several funds or appropriations. It shall be the duty of the clerk to submit his counter financial report, tog-ether with the annual report of the treasurer aforesaid, to the mayor and finance commit¬ tee of the city council; and if the mayor and said com¬ mittee shall be satisfied that said treasurer’s report properly exhibits the true financial condition of the city they shall return the same to the city clerk, who shall cause such report of the treasurer to be published in some newspaper published in the city. Sec. 10. Salary. The city treasurer shall re¬ ceive an annual salary of one hundred dollars payable quarterly in lieu of all other compensation, perquisite or benefit in any form whatsoever. 62 REVISED ORDINANCES. CHAPTER VI. SUPERINTENDENT OF STREETS. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . Election—oath—bond. Charge of street improvements. Enforce ordinances, etc. Clean streets, examine sewers, etc. Employ laborers. Supervise tapping- mains. Purchase implements, etc. Keep list of property. Account of expenditures. Monthly report. Orders for work. Salary. Be it ordained by the City Council of the City of Mendota: * % Section 1. Election — oath — bond. The super¬ intendent of streets shall be elected annually; he shall hold his office for one year,and until his successor shall be duly elected and qualified. He shall before entering upon the duties of his office take the oath prescribed by law for other city officers and shall execute a bond to the city of Mendota in the penal sum of five hundred dollars, with such sureties as shall be approved by the city council, conditioned for the faithful performance of the duties of his office. Sec. 2. Charg-e of street improvements. Said superintendent shall have charge of the improvement, repair and cleaning of all streets, crossings, avenues, alleys and public grounds in the city, and shall super¬ vise the construction and repair of all sidewalks there¬ in; but no improvement or repairs, except such as may REVISED ORDINANCES. 63 be actually necessary, shall be made by him without the previous order of the city council. He shall, with¬ out delay, cause all breaks in any street or alley,cross¬ ing-, bridge, culvert, apron, or other unsafe place to be repaired, and report the cost thereof to the city council for allowance; but when the probable cost of any such repairs shall exceed $25 the same shall be made only with the concurrence of the mayor and the committee on streets and alleys. Sec. 3. Enforce ordinances , orders , etc. He shall cause all ordinances in relation to the streets, crossing's, alleys, sidewalks, and public grounds to be enforced (by reporting- all violations thereof to the mayor or city marshal). He shall carry into effect all such orders, g-eneral or special, as he may receive from the city council, the mayor or committee on streets and alleys, and for any wilful neglect or refusal to perform any duty required of him, by the laws or ordinances of said city, he shall be liable to removal from office. Sec. 4. Clean streets , examine sezuers , etc. He shall, annually, in the spring of the year, cause the streets, crossings, avenues, alleys, and public grounds to be cleaned, and the gutters opened, and shall, as far as it is practicable, keep them in that condition during the year. He shall, from time to time, examine the sewers, culverts, bridges, cross-walks, and side-walks, and report the condition of the same to the city coun¬ cil, and recommend such improvements or repairs as he may deem necessary. Sec. 5. Employ laborers—keep time. He may, by the authority of the city council, employ such num¬ ber of laborers, teams and wagons as shall be neces¬ sary for cleaning and repairing the streets and alleys, and at such prices as shall be fixed by the city i 64 REVISED ORDINANCES. council, not exceeding the customary rates paid by others for similar labor or service. He shall oversee and direct the street laborers and workmen, and require them to labor faithfully, and shall keep, in a suitable book, a correct account of their time. Sec. 6. Supervise the tapping of sewers . He shall supervise all connections of private drains or sew¬ ers with the public sewers, and shall see that the same are made in such manner that no injury is done to the public sewers. Sec. 7. Purchase implements and 7naterials — mark implements. He may procure the necessary im¬ plements for performing street labor, or materials for bridges, culverts, and cross-walks, but he shall pur¬ chase no implement or any material without making a written requisition to the chairman of the committee on streets and alleys, and obtaining their order there¬ for; and when he shall purchase any implements or materials for the use of the corporation, he shall report the bill thereof to the city council. He shall cause all implements or tools belonging to the city to be legibly marked or branded with the letters “city,” and shall cause them to be properly housed or protected from the weather when not in use. Sec. 8. Keep list of property—turn over to suc¬ cessor. It shall be the duty of the superintendent of streets to keep a correct list of all implements, mate¬ rials, and all the property of the city in his charge and possession; and upon the expiration of his term of office, or his resignation thereof, or removal therefrom, he shall deliver said property to his successor in office, taking a receipt therefor, which he shall immediately file with the city clerk, who shall credit him with the same and charge his successor therewith. REVISED ORDINANCES. 65 Sec. 9. Accomit of expenditures — examine accounts. He shall keep in an appropriate book, and in such manner as may be required by the committee on finance, a plain and accurate account of all expendi¬ tures made under his supervision, specifying’ to whom and for what purpose made. He shall examine all accounts of contractors and other persons for work pertaining- to his department, or for implements or materials furnished therefor, and if correct, shall cer¬ tify the same to the city council for allowance. Sec. 10. Monthly report. Said superintendent shall, on the first Monday of each and every month, report to the city council in writing’, a statement of all expenditures under his supervision during - the preced¬ ing - month, specifying- the purpose of such expenditures and the different wards in which made, and, if required, the person to whom made. No account presented or certified by him shall be allowed, or warrants issued thereon, unless it shall be so rendered as to show to what account or ward it is chargeable. Sec. 11. Orders for work. When any bridge, culvert, cross-walk, or other street work, to be done by or under the direction of the street superintendent, shall be ordered by the city council, the location and manner of constructing the same, shall be directed in the order. Sec. 12. Salary . The superintendent of streets shall receive an annual salary of six hundred dollars, payable in monthly installments, and the fur¬ ther sum of one hundred dollars per annum ; provided he furnishes a horse and wagon, to be used by him in the performance of his duties ^as superintendent of streets. 66 REVISED ORDINANCES. CHAPTER VII. CfTY POUND-MASTER. Section 1. 2 . 3 . 4 . 5 . Office created. Appointment—oath —bond. Duties. Control of city pound. Fees. Be it ordained by the City Council of the City of Mcndota : Section 1 . Office created. There is hereby created the office of pound-master ; he shall hold his office for the term of one year, and until his successor is ap¬ pointed and qualified. Sec. 2. Aff ointment — oath — bond. The pound- master shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May, 1894, or as soon thereafter as may be, and annually thereafter. He shall, before enter¬ ing- upon the duties of his office, take and subscribe to the oath prescribed by law for city officers, and shall execute a bond to the city of Mendota in the penal sum of $500, with such sureties as the city council may approve, for the faithful performance of the duties of his office. Sec. 3. Duties. It is hereby made the special duty of the pound-master to strictly enforce and carry out the provisions of all ordinances of the city of Men¬ dota, relating- to the running- at larg-e of animals. Sec. 4. Control of city found. The pound- master shall have and take the general management REVISED ORDINANCES. 67 and control of the city pound, or such other place or places as may be provided by the city council for the impounding- of animals. Sec. 5. Fees. The pound-master shall be allowed to charge and receive for the impounding* of animals found running* at larg*e, contrary to the ordin¬ ances of said city, the following* fees, to be paid by the owner or owners of the animals so impounded, viz : For taking* up each animal of the species of horse, mule, ass,or cattle, one dollar; for taking* care of the same, exclusive of the amount necessarily ex¬ pended by him, twenty-five cents per day ; for taking* up each animal of the species of hog*, sheep or g*oat, fifty cents ; for taking* care of the same, exclu¬ sive of the amount necessarily expended by him for necessary food, ten cents per day; for serving* each notice on the owner, or publishing* in a newspaper, ex¬ clusive of the printer’s fees, twenty-five cents ; for posting* entries of sale, one dollar ; for selling* each animal, or animals, ten per cent on the amount of sale of twenty dollars or under, and five per cent on sales over twentv dollars. %/ 68 REVISED ORDINANCES. CHAPTER VIII. CITY SURVEYOR. Section 1. 2. 3 . 4 . 5 . 6 . 7 . 8 . Office created—term. Appointment. Oath—bond. Submit estimate and specifications. To establish grades and boundaries. Furnish grades—make surveys. Plats—surveys of sewers and water mains. %> Salary. Be it ordained by the City Council of the City of Mendota: Section 1. Office created — term. There is hereby created the office of city surveyor of the citvof Mendo¬ ta. He shall hold his office for the term of one year, and until his successor shall be appointed and qualified. Sec. 2. Appointment. The city surveyor shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May in each year, or as soon thereafter as may be, and an¬ nually thereafter. Sec 3. Oath — bond. He shall, before entering* upon the duties of his office, take and subscribe to the oath prescribed by law for city officers, and shall exe¬ cute a bond to the city of Mendota in the penal sum of five hundred dollars, with sureties to be approved by the city council, conditioned for the faithful perform¬ ance of the duties of his office. Sec. 4. Submit estimates and specifications. The city surveyor shall devote so much of his time to the discharge of the duties of his office as a faithful performance thereof may require. REVISED ORDINANCES. 69 SEC, 5. To establish grades and boundaries. He shall, when required by the city council, or the committee on streets and alleys thereof, make a survey of the grade or boundary of any street, avenue or alley of said city, and prepare a plat or profile thereof, and report the same to the city council; and no such survey of grade or boundary shall be deemed established or valid until the plat or profile thereof shall be approved by the city council. Any plat, profile, or other paper belonging’ to the office of the city surveyor shall be re¬ turned to him by the clerk as soon as the city council shall have no further use for the same. Sec. 6. Furnish grades—make surveys. He shall, without charge, gave or mark the grade of any street or alley, where established, at the request of any person desiring* to erect any building* or enclosure, or to lay any sidewalk thereon. He shall make all surveys within and for said city that he may be called upon to make. Sec. 7. Plats—surveys of sezuers aiid water mains. Said surveyor shall keep in his office plats of all grades or boundaries of streets and alleys estab¬ lished by the city council, correcting* the same when any grade shall be changed, and adding thereto- when any new grade or boundary shall be established. He shall also keep correct surveys of all public sewers and water mains within the city, showing* the location, leng*th and dimensions of the same respectively. He shall record in a suitable book, to be provided by the city, the profiles of all surveys of grades and bound¬ aries established, and preserve the orig*inal papers re¬ lating thereto, and shall otherwise keep a systematic record of all the transactions pertaining to his office. Sec. 8. Salary. He shall receive as compensation for his services five dollars per day for each day necessarily employed. 70 REVISED ORDINANCES. CHAPTER IX. CITY PRINTER. Section 1. 2 . 3 . 4 . 5 . Office created. Appointment. Oath—bond. Duties. Salary. Be it ordained by the City Council of the City of Mendota : Section 1. Office created — term. There is here¬ by created the office of city printer. He shall hold his office for the term of one year, and until his successor be appointed and qualified. Sec. 2. ointment. The city printer shall be appointed by the mayor, by and with the advice and con¬ sent of the city council, on the first Monday in May of each year. Sec. 3. Oath — bond. Before entering - upon the duties of his office, the city printer shall take the oath prescribed by law for city officers, and shall execute a bond to the city of Mendota, in the penal sum of five hundred dollars, with such sureties as shall be ap¬ proved by the city council, for the faithfitL performance of the duties of his office. Sec. 4. Duties. It shall be the duty of the city printer to publish in a newspaper, published in the city of Mendota, and printed in the English language, all the proceedings of the cit} T council, and all of the ordin¬ ances passed by the city council, and all of those mat¬ ters and things required by law, or any ordinance of the city to be published in a newspaper. Sec. 5. Salary. The city printer shall receive an annual salary of one hundred dollars, payable quarterly. REVISED ORDINANCES. 71 Section 1. 2 . 8 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . . CHAPTER X. ART. I—ANIMALS. Running- at larg-e of animals prohibited—penalty. Animals to be impounded. Private citizen may impound. Care of animals impounded—fees. Pound master to file complaint—warrant. Complaint against unknown owner—notice. Posting- up notices. Docketing- case—trial. Order of sale—execution—return. Posting- notices. Redemption—sale—postponement. Paying- money to magistrate—redemption by owner. Breaking open pound—resisting pound-master-penalty. Power conferred on pound-master. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . ART. II—DOGS. Tax imposed —register kept. Metal badges provided. Owner of unlicensed dog to be fined. Dogs without badge to be killed. Marshal to procure list of owners. Penalty for interfering with officer. Vicious dogs not to run at large. Dog known to be savage. Term dog defined. Female dog not to run at large while in heat—penalty. Dog howling at night, etc. Mayor may order dogs muzzled—when. Repeal. ARTICLE I. Impounding and sale of. lie it ordained by the City Council of the City of Mendota: SECTION 1 . Running at larg-e of animals pro¬ hibited — penalty . It shall be unlawful for any domes¬ tic animal of the species of horse, mule, cow, cattle, sheep, swine, or goat to run or go at large at any time n REVISED ORDINANCES. within the corporate limits of the city of Mendota, and any person, being- the owner, possessor or keeper of any such animal or animals, who shall suffer or permit the same to run or go at large in the said city of Men¬ dota, in violation of this section, shall be subjected to a penalty of not less than one dollar nor more than ten dollars for each offense, together with the fees for im¬ pounding, and the expense of sustenance for such ani¬ mal or animals when impounded as hereinafter pro¬ vided. The fastening or securing in anv manner of any of the above-mentioned animals to stake, tree, or other object upon any street, park, common, or public ground, shall be deemed a running at large under this ordinance. Sec. 2 Animals to be impounded. It is hereby made the duty of the pound-master, and of the several members of the police force of said city, to take up any and every animal aforesaid known by him or them to be unlawfully at large, contrary to the provisions of this ordinance, and to confine the same in the city pound or such other place as may be provided for that purpose. Sec. 3. Private citizen may impound . Any per¬ son inconvenienced or injured, or who may be in danger of being injured, either in his person or property, by reason of the unlawful running at large in the city of any animal hereinbefore mentioned, may take and drive such animal to the city pound, and it shall be the duty of the pound-keeper to receive and impound the same. Sec. 4. Care of animals impounded — fees. The pound-master shall provide suitable and necessary food and drink for all such animals as may be taken up and impounded during the time they may be so impounded; and the cost of such sustenance together with the law¬ ful fees for taking up and impounding, shall be paid before any such animal shall be released from the pound. REVISED ORDINANCES. 73 Sec. 5. Pound-master to file complaint — ivarrant. When any animal or animals shall have been impounded as aforesaid and the owner or person entitled to the possession of the same shall fail to appear within 24 hours after impounding - , and pay the fees and charges required for their redemption, it shall be the duty of the pound-master to make complaint in writing before the police magistrate, or any justice of the peace of the city giving a general description of the animal or ani¬ mals impounded and the name of the owner thereof if known to the complainant; and thereupon the magis¬ trate, or justice shall issue a warrant against the owner or keeper of such animal or animals, for permitting the same to run at large in violation of the provisions of this ordinance; and upon the return of the warrant duly executed, or the defendant appearing in court, like pro¬ ceedings shall be had as in other cases, for the recovery of fines or penalties under the ordinances; and if the defendant is found guilty judgment shall be rendered against him for the penalty, impounding fee, cost of sustenance, and costs of suit, and an order shall be entered that such animal, or animals, be sold to satisfy said judgment and costs, unless the same be forthwith paid. Sec. 6. Complaint against unknown owner — notice. When the owner of any animal impounded is unknown, complaint shall be made in like manner as provided in the last section hereof, against the “unknown owner’’ of such animal, describing the same; and thereupon the magistrate before whom such complaint is made shall issue a notice in substance as follows: Pound Notice. Whereas, Complaint has this day been made before me that the unknown owner of the following described animal to wit:. 74 REVISED ORDINANCES. .impounded at. , on the.... day of.18 ..., has permitted the same to run at large,contrary to the provisions of a certain ordinance in relation to the running at large of domestic animals of the revised ordinances of the City of Mendota. Now, therefore, notice is hereby given, that a trial will be had upon the said complaint at my office in the City of Mendota, on the .. . .day of.,18 ..., at the hour of.. . ., when and where said unknown owner, or other person interested therein, may appear and defend, if he shall see fit to do so. Witness my hand and seal this .... day of . . ., 18 . . . ., J. P. Sec. 7. Posting up notices. The day named in said notice for trial shall not be less than five nor more than fifteen days from the issue of the same; and it shall be the duty of said pound-master, or some mem¬ ber of the police force, to forthwith post three copies of said notice, to wit: one at the pound, or place where such animal is impounded, one at the postoffice, and one at the office of the magistrate issuing the notice, and to make due return thereof, showing the time and manner of said posting. Sec. 8. Docketing" case — trial. The justice or police magistrate issuing said notice, shall enter upon his docket as follows: City of Mendota vs. the unknown owner of, (here describe the animal); and upon the day set for trial, and the return of the notice executed as prescribed in the last preceding section, like proceedings shall be had as in case of personal service or appearance. Sec. 9. Order of sale — execution — return. Upon the rendition of any judgment, under the provisions of this ordinance, the magistrate rendering the same shall issue to the pound-master an order of sale, which shall be substantially in the following form, to-wit: REVISED ORDINANCES. 75 The People of the State of Illinois, LaSalle County , City of Mendota. ss. To.Pound-master : We command you, that of the following- g-oods and chattels, to-wit : (Here describe the animal) the property of.•.. you make the sum of .dollars and .cents debt, and . dollars and.cents costs, which the city of Mendota lately recovered ag-ainstthe said.. and hereof make due return in what manner you execute the same. Given under my hand and seal, this.day of'. A. D. 18.. .J. P. [seal] Which order .shall be returned by said pound-master within thirty days from its date to the justice or magistrate issuing the same, with an endorsement thereon, showing when and how the same was ex¬ ecuted. Sec. 10. Posting notices . Upon the receipt of such order, said pound-master shall immediately post, or cause to be posted, three public notices, in like pub¬ lic places within said city, as is provided in section 7 of this ordinance, which notice may be in substance as follows : Pound Notice. Taken up and impounded in the city pound of the City of Men¬ dota, the following- described animal (or animals): [Here insert description]...which said animal, or animals, unless redeemed, will be sold at public auction, for cash, to the highest bidder, at said pound, at the hour of.o’clock ... .M., on the.day of.. A. D. 18 ... . .Pound-master. Sec. 11. Redemption — sale — postponement. The day of sale mentioned in said notice shall not be less than five nor more than fifteen days from the posting of the same. Any owner of any such animal or ani¬ mals may redeem the same before sale by paying to the 76 REVISED ORDINANCES. A pound master, magistrate, or justice before whom such case is pending the amount of fine, fees, and costs and expenses; but if the same is not redeemed before the hour set for sale, the pound-master shall proceed to sell such animal or animals in accordance with said order and notice, and all animals belonging to different owners shall be sold separately: Provided , said pound-master may, for the want of bidders, or for other good cause, adjourn any such sale from day to day until the same shall be completed. Sec. 12. Paying money to justice or magistrate — redemption by ozvner. The pound master, immediately after he shall have received any money from the owner of any animal or animals so impounded by him or from the sale thereof, shall pay the same over to the justice or magistrate before whom such case is pending, less the amount of his fees and expenses, and such magistrate shall pay the fine and all the surplus of any such sale, after deducting all the court costs and expenses, into the city treasury in the same manner and at the same time as is required of him to pay money arising from other fines: Provided , that if any owner of any such animal sold as aforesaid shall apply and prove the ownership thereof to the satisfaction of such magis¬ trate, before he pays such surplus into the treasury, such surplus shall be paid to such applicant and a re¬ ceipt taken therefor. And when any of such surplus proceeds have been paid into the city treasury, the owner of any such animal shall be entitled to receive the same upon presentation to the city council of satis¬ factory proof of his ownership of such animal and a certificate of the magistrate of the amount of the same. Sec. 13. Breakhig open pound—resisting pound- master — penalty . Whoever shall break open any city REVISED ORDINANCES. pound, or shall take or attempt to take therefrom any impounded animal, without the consent of the pound- master; or whoever shall resist, obstruct, hinder or de¬ lay the pound-master or any of his assistants while taking or driving to the city pound or other place pro¬ vided for the detention of animals found running at large, any animal found unlawfully at large, within said city; or who shall in any manner attempt to pre¬ vent the impounding of such animal, shall, upon con¬ viction, be fined not less than five dollars nor more than one hundred dollars for each offense. Sec. 14. Power conferred on 'pound-master. Power and authority is hereby conferred upon the pound-master to execute all orders, make all sales and serve and post all notices required or provided for by the provisions of this ordinance, article ii. Days. Section 1 . Tax imposed—register kept. No person shall be permitted to have or keep in his or her possession, within the limits*of this city, any dog, un¬ less the owner or possessor thereof shall place or cause to be placed upon the neck of such dog a collar having a metallic plate securely fixed thereto (such plate to be provided by the-city marshal), and the owner or possessor of such dog shall give his name and a des¬ cription of such dog to the city marshal, and it shall be the duty of the marshal to register the same in a book kept for that purpose; and the owner or posses¬ sor of any such dog shall, annually, and within thirty days from the first day of May in each and every year, pay to the city marshal 3. tax of fifty cents for each 78 REVISED ORDINANCES. and every such dog", and the additional fee of twenty- five cents for registering - the same, such tax to be paid by the city marshal to the city treasurer and a receipt taken therefor. Sec. 2. Metallic badges provided. The city marshal shall provide, each and every year, such num¬ ber of metal badges as may be necessary, of such size and shape as he shall deem expedient, having stamped thereon the letters “M. D. T.” and the numbers indi¬ cating the year for which the tax was paid, and it shall be the duty of the marshal to deliver one of such metal badges to every person so paying a tax upon such dog at the time of such payment. SEC. 3. Owner of unlicensed dog to be fined. Every owner, possessor, or person who shall harbor or keep any dog within the city, who neglects or re¬ fuses to comply with the requirements of this ordi¬ nance, shall be fined not to exceed ten dollars for each offense. Sec. 4. Dogs without badge to be killed. It shall be the duty of the city marshal and the various members of the police force of said city to make inquiry for and cause to be prosecuted every owner or posses¬ sor of any such dog as herein required, and all dogs found running at large, wearing no badge, shall be slain by the city marshal or other police officer, and removed and buried. Sec. 5. Marshal to procure list of owners. The marshal shall, from time to time, examine the township assessor’s books and make a copy or memor- randum therefrom of all dogs kept in the city and not on the city register, and use such other means as will enable him to procure a list of all owners or keepers of REVISED ORDINANCES. 79 dog's in the city upon which a tax is hereby required to be paid. Sec. 6 . Penalty for interfering with officer. No person shall in any manner prevent, or attempt to pre¬ vent, the city marshal or any other police officer from performing- any duty required by this ordinance; and every person so offending- shall be fined in a sum not less than three nor more than twenty dollars for each offense. Sec. 7. Vicious dog's not to run at large. Who¬ ever, being- the owner or possessor of any vicious, sav- ag-e, or ferocious dog*, shall suffer or permit such dog to run at larg-e within the limits of this city, or who shall suffer or permit such dog- to enter, g-o upon, or be found upon any street, alley, commons, or the prem¬ ises of any other than the premises of the owner or possessor of such dog-, shall be fined not less than five nor more than one hundred dollars for each and every offense. Sec. 8 . Dog knozvn to be savage. Whoever, being- the owner or possessor of any dog-, shall suffer or permit such dog- to run at large within the city of Mendota, or who shall suffer, permit or allow such dog to enter, go upon, or be found upon any street, alley, or commons, after such owner or possessor of such dog shall have learned, or shall have been in¬ formed, that such dog has bitten, or attempted to bite, or has attacked, or has attempted to attack, any person, shall be fined not less than ten dollars, nor more than two hundred dollars for each offence. Sec. 9. Term “dog" defined , The word “dog,” wherever used in this ordinance, shall be deemed to include every animal of the caniae species, female as well as male. 80 REVISED ORDINANCES. Sec. 10. Female dog not to mm at large while in heat—;penalty . It shall be unlawful for any bitch, or female dog to run at large within said city while in heat, and whoever shall suffer, or permit, any bitch, or female dog, owned or controlled by him, her, or them, or under his, her, or their control, to run at large, while in heat, in the city limits, shall be fined not less than three dollars, nor more than twenty-five dollars for each and eyery offense. Sec. 11. Dogs howling at night. Whoever keeps, or allows upon his premises in the night time any dog, bitch or whelp that disturbs any person, or barks or howls to the annoyance of any person, shall forfeit and pay to the city of Mendota a fine of not less than three dollars, nor more than one hundred dollars for each and every offense. Sec. 12. Mayor may order dogs muzzled — when. It shall and may be lawful for the mayor of the city of Mendota, to publish in a newspaper pub¬ lished in said city, or by causing the same to be posted in at least three public places in said city, a notice for¬ bidding the running at large of any dog within the corporate limits of said city, at any period of the year, whenever, in his opinion, the public safety is in danger from such cause, unless such dog be securely muzzled ; and said prohibition shall continue so long as the pub¬ lic safety, in the opinion of the mayor, may require, and shall remain in force until the mayor gives public notice of the discontinuance. That every dog, running at large, contrary to the provisions of this section, and not wearing a collar aid tag, as provided in section 1, shall be killed by, or under the direction of the city marshal. Whoever shall suffer any dog owned or pos¬ sessed by him, her, or them, or under his, her, or REVISED ORDINANCES. 81 their control, to run at largfe within said city, contrary to the provisions of this section, after notice shall have been posted, or published, as aforesaid, shall be fined not less than three, nor more than fifty dollars, for each any every offence. Sec. 13. Repeal. All ordinances, or parts of ordinances, in conflict with this ordinance, are hereby repealed. CHAPTER XI. CEASSIFICATION OF EXPENDITURES. Section 1 . Fee and salary fund. 2. Street and alley fund. 3. Repairing city buildings and public grounds fund. 4. Health fund. 5. Fire department fund. 6. Gas and light fund. 7. Sewer pipe and tile fund. 8. * Water works fund. 9. Macadamizing street fund. 10. Bonded indebtedness fund. 11. Library fund. 12. Contingent fund. Be it ordained by the City Council of the City of Mendota : That the fees and salaries of the various officers of the city of Mendota and all other items of corporate expenditures incurred and paid by the said city shall be classified as follows: Section 1 . Fee and salary fund. The fees and salaries of all persons who are now,or shall hereafter be, entitled to any compensation from said city, by virtue of their election to any office in said city, and all persons who are now, or shall hereafter, be entitled to compen¬ sation from said city, by yirtueof their appointment to 82 REVISED ORDINANCES. any office or position in said city, shall be known and designated and constitute the “Fee and Salary Fund.” All moneys paid to any of the persons enumerated in this section for the purposes mentioned in this sec¬ tion, shall be charged to and entered under the head of “Fee and Salary Fund;” and all accounts kept with the various officers of said city, for and on account of any of the purposes mentioned in this section shall be kept and entered under the head of “Fee and Salary Fund.” Sec. 2. Street and alley fund. The expenses incurred and paid by the city for cleaning, construct¬ ing, and repairing streets, sidewalks, alleys, gutters, cess-pools, sluice-ways, crossings, bridges, and cul¬ verts, and all materials purchased for such purposes shall be known and designated as, and shall constitute the “Street and Alley Fund”. All moneys paid out or expended for or on account of the purposes mentioned in this section,shall be charged to and entered under the head of “Street and Alley Fund;” and all accounts kept with the various officers of said city, for or on ac¬ count of the various purposes mentioned in this section shall be kept and entered under the head of “Street and Alley Fund.” Sec. 3. Repairing city building fund. All ex¬ penses incurred and paid by the city for repairing and improving city building and public grounds, and all materials purchased for the same, shall be known and designated as “Repairing City Building Fund.” All moneys paid, or expenses incurred, for the purpose men¬ tioned in this section, shall be charged and entered un¬ der the head of “Repairing City Building Fund.” Sec. 4 Health fund. All expenses incurred and paid by or on behalf of the city for abating nuisances, REVISED ORDINANCES. 83 removing' offal, dead animals, and all matters pertain¬ ing- to the Health Department shall be known and des¬ ignated as and shall constitute the “Health Fund;” all moneys paid out or expended on account of the purposes mentioned in this section, shall be charged to and en¬ tered under the head of: the “Health Fund.” Sec. 5, Fire department fund. All expenses in¬ curred and paid by or on behalf of the city for main¬ taining- fire department, the construction of engine- house, fuel for eng-ine house, all repairs for engine, hose, and fire apparatus of every kind, and all other incidental expenses incurred or expended in and about the fire department of the city, shall be known and des¬ ignated as the “Fire Department Fund.” SEC. 6. Gas and light fund. The expenses incurred and paid by, or on behalf of the city, for erecting- and installing- all dynamos and electric light apparatus, maintaining, repairing and lighting all street lamps, and all other lights used by the city shall be known and designated as, and shall consti¬ tute the “Gas and Fight Fund;’’ all moneys paid out for, or on account of any of the purposes men¬ tioned in this section, shall be kept and entered under the head of “Gas and Light Fund.” Sec. 7. Sezuer pipe and tile fund. All expenses paid or incurred on behalf of the city for constructing or repairing sewers, drains, tile-drains, tunnels, or materials for the same shall be known and designated as, and shall constitute the “ Sewer-pipe and Tile Fund;’’ all moneys paid out for or an account of any of the purposes mentioned in this section, shall be kept and entered under the head of the “Sewer-pipe and Tile Fund.” 84 REVISED ORDINANCES. Sec. 8. Waterworks fund . All expenses incurred and paid by or on behalf of the city, for constructing’, maintaining’, and repairing - the waterworks, and all material for the same, shall be known and designated as the “Waterworks Fund;’’ and all moneys paid out for, or on account of any of the purposes mentioned in this section, shall be known and designated as the “Waterworks Fund. Sec. 9. Macadamizing" streets fwid. The ex¬ penses incurred and paid by and on behalf of the city, for macadamizing the streets and alleys,shall be known and designated as the “Macadamizing Street Fund;” and all moneys paid out on account of any of the purposes mentioned in this section, shall be kept and entered under the head of the “ Macadamizing Street Fund.” Sec. 10. Bonded indebtedness fund. All moneys paid by or on behalf of the city,for bonded indebtedness, or the interest thereon, shall be known and designated as the “Bonded Indebtedness Fund;” all moneys paid out for, or on account of any of the purposes men¬ tioned in this section, shall be kept and entered under the head of “Bonded Indebtedness Fund,” Sec. 11. Library fund. All moneys paid out by or on behalf of the city of Mendota, for repairs of the library building, purchase and repairing of books, ma¬ terial and fixtures, in and about said library building, shall be known and designated as the “Library Fund;” all moneys paid out on account of any of the purposes mentioned in this section, shall be kept and entered under the head of the “Library Fund.” Sec. 12- Contingent fund. All expenses in¬ curred and paid by or on behalf of the city, for print¬ ing of ordinances, proceedings of the council, and all other printing required to be done by the city council, REVISED ORDINANCES. 85 and all stationery required for city purposes, and all other charges and expenses of a general nature, not herein otherwise designated and classified, shall be known and designated as, and shall constitute the “Contingent Fund.’’ Provided , that the moneys appropriated for this department shall not be used to supply any deficit in any other department herein named, and all moneys paid out for or on account of any of the purposes men¬ tioned in this section, shall be kept and entered under the head of “Contingent Fund.’’ CHAPTER XII. CONTRACTS FOR PUBEIC WORKS. Section 1. 2 . 3. 4. 5 . 6 . 7. 8 . 9. 10 . 11 . 12 . 13. 14. Estimates—what included. Contracts over $200—advertise for bids—two-thirds vote. Profile—specifications. Advertisement—bids. Proposals—bond. Bids opened. Bond—failure—reject bids. Disability of bidder—interest in contract or surety on bond. Contracts and bonds in name of city—duplicate. Subject to ordinance. No lien on city. Surplus of earth. Acceptance of work. Extra work. Be it ordained by the City Council of the City of Mendota: SECTION 1. Estimates—zvhat included herein. When any public work or improvement shall be ordered by the city council of the city of Mendota, and before the letting of any contract therefor by the city, the 86 REVISED ORDINANCES. probable cost of such work shall be first ascertained: Provided , that all work and material for bridges, building, grading, graveling, sewerage, culverts, cis¬ terns, sidewalks, and fire supplies, together with any and all other work, material, and improvement not herein enumerated, shall be deemed within the scope of this ordinance. Sec. 2. Contracts over $ 200 —advertise for bids two-thirds vote. All contracts for the making of any public improvement in said city, to be paid for in whole or in part by special assessment or special taxa¬ tion, and any work or other public improvement, when the expense thereof shall exceed the sum of $200, shall be let to the lowest responsible bidder therefor, in the manner hereinafter prescribed, and shall be approved by the mayor: Provided , that any such contract may be entered into by the city clerk, or other proper officer, without advertising for bids, and without the approval of the mayor, when authorized by a vote of two-thirds of all the aldermen elected to the city council. Sec. 3. Profile — specifications. Whenever any local or public improvement shall be ordered by the city council, which is to be paid for in whole or in part by special assessment or special taxation, or otherwise, it shall be the duty of the city surveyor to prepare a plan or profile of the proposed improvement, and spe¬ cifications for the construction of the same, which shall be kept on file in the.city clerk’s office, and be open to the inspection of city officers and other persons inter¬ ested therein. Sec. 4. Advertisement — bids. It shall be the duty of the city clerk to advertise, in one or more newspapers of general circulation, printed or published in said city, for the proposals to furnish the materials REVISED ORDINANCES. 87 and do said work, according- to the plans and specifi¬ cations aforesaid. Such advertisement shall be pub¬ lished for at least four weeks before the day fixed for opening- said proposals, and shall state the nature and extent of the improvement ordered, the place where specifications thereof may be seen, and the time and place when and where the bids will be opened. The right to reject any and all proposals or bids or any part thereof received shall be reserved in the adver¬ tisement. Sec. 5. Proposals — bojid. All proposals for any such improvement shall be signed by the persons bid¬ ding, and be enclosed in a sealed envelope and directed to the city clerk; and each bid shall be accompanied by a bond, or certified check, in such amount as may be named in such advertisement or notice, and in case of bond with sureties to be approved by the mayor and the chairman of the finance committee,conditioned that, in case the contract is awarded to such bidder, he will enter into bond, as herein required, to perform the same according to the terms of his bid. SEC. 6. Bids opened. All proposals or bids shall be opened and read by the clerk at the next meeting of the council after the receipt of the same, in the presence of the council, and such bidders and other persons as may attend, and, upon examination of the same, the council shall award the contract to the lowest respons¬ ible bidder, whose bid shall not exceed the estimated cost of the proposed improvement. Sec. 7. Bond — failure—reject bids. The per¬ formance of the contract shall be secured by a good and sufficient bond, to be approved by the mayor or city council, conditioned, among other things, for the faith¬ ful execution of the terms of such contract, which 88 REVISED ORDINANCES. terms shall be substantially set forth in said bond. If any bidder shall fail to enter promptly into contract, and to give bond as hereinbefore required, the contract for such work may be awarded to the next lowest and most responsible bidder; or, if it shall be deemed best for the interests of the city not to accept any of the bids made, such bids may be reiected, and the clerk shall thereupon re-advertise for proposals in like man¬ ner as before. Sec. 8. Disability of bidder—interest in contract or surety on bond. Any bidder who shall fail to enter into any contract so awarded, or shall fail to fulfill any contract entered into by him with the city, shall not be permitted to bid again for any city work, unless the city council shall, for good cause shown, remove his disability. No member of the city council, or other city officer, shall be interested, directly or indirectly, in any contract for work of the corporation, or become surety for any contractor or other person upon any bond, to secure the performance of any contract with said city. Sec 9. Contracts and bonds in name of city — duplicate. All such contracts and bonds shall run to and be in the name of the city of Mendota, and shall be drawn by the city attorney or be submitted to him for his approval of the form thereof; and before the same shall be in force, they shall be signed or approved by the mayor, and countersigned by the city clerk. Said contracts shall be executed in duplicate, one ori¬ ginal copy of which shall be given to the contractor, and the other filed and kept in the office of the clerk, who shall furnish copies thereof when required. Sec. 10. Subject to ordinances. IDach contract shall contain a clause, in substance to the effect, that REVISED ORDINANCES. 89 it is made subject to the ordinances of the city and to the power of the city council to suspend the work, and of the city council to annul the contract for a failure on the part of the contractor to execute the same according to the terms thereof; but that such suspension shall not affect the right of all damages claimable by it on account of the non-performance of such contract accord¬ ing to the terms thereof. Sec. 11. No lien on city. All contracts in which the contractor or contractors agree to be paid from spe¬ cial taxes or special assessments, shall contain cove¬ nants to the effect that they shall have no claim or lien upon the city, in any event, except from the collection of the special taxes or special assessments levied for the work contracted; and that no liability shall attach to the city by reason of entering into any such contract, except for the payment to such contractor or contract¬ ors of the moneys received by the city from the special taxes or special assessments levied or assessed for the improvement mentioned in such contract. And no con¬ tract for work, to be paid for as aforesaid, shall be let to any contractor who will not so agree. Sec. 12. Surplus of earth. In all contracts for street or alley improvements upon streets or alleys, no contractor or sub-contractor shall in any manner sell or dispose of any surplus earth, under a penalty of not less than fifty dollars nor more than one hundred dol¬ lars for each offense. Sec. 13. Acceptance of work. When any con¬ tract, except as provided for in section 11 above, shall have been completed, and on the filing in the office of the city clerk of the certificate of the committee under whose charge such work shall have been done, or other officer under whose supervision the work 90 REVISED ORDINANCES. was done, stating- that he has inspected said work, and that it is done according- to the contract and specifica¬ tions, and the acceptance and approval thereof by the city council, the clerk and mayor shall issue their war¬ rant on the treasurer for the amount due such con- » tractor or contractors; and they may, when stipulated in the contract, or with the consent of the city council, from time to time, during- the prosecution of the work (upon the filing of the certificate of the proper commit¬ tee or officer, stating that they have examined and com¬ puted or measured such work, and that they believe there is enough done to cover the estimate and that it is done in accordance with the contract, and the accept¬ ance and approval as aforesaid), advance to the con¬ tractor, and draw their warrant upon the treasurer for such advance, reserving, in all cases, at least fifteen per cent, of the estimate, to be paid when the contract is completed. Sec. 14. Extra work . No payment shall be made upon any work done by contract, for any extra work not specified therein, unless such extra work shall have been done by special order of the city council. No officer of the corporation, or special superintendent employed thereby, shall certify the account of any con¬ tractor who has failed to comply with the terms of his contract, nor in any case in advance of the progress of the work; and if he shall do so, he shall be liable to the city for all loss that may arise therefrom. REVISED ORDINANCES. 91 CHAPTER XIII. CORPORATE SEAE. Section 1. Form and device of seal. 2. Clerk to have custody of. Be it ordained by the City Council of the City of Mendota : Section 1 . Form and device of seal. That the seal, circular in form, and heretofore provided and used by the city of Mendota, with the inscription “City of Mendota,” around the outer edgr of said seal, and in the interior and center of said circle is the word “Seal,” shall be and is hereby established and declared to be the seal of the City of Mendota ; said seal shall be used in cases where if shall be required by the laws of the United States, the laws of the several respec¬ tive states of the United States, and the ordinances of said city of Mendota, and in all cases in which, by the laws and customs of ‘nations, it is necessary to use a seal by a corporation. Sec. 2. Clerk to have custody of. The said seal shall be and remain in the custody of the clerk of said city, to be used by said clerk and the mayor of said city, as is provided in the first section of this ordinance. 92 REVISED ORDINANCES. Section Section CHAPTER XIV. DRAM SHOPS AND EIQUOR LICENSES. ARTICLE I. Dram Shops. 1. Dram shop defined. 2. Sale without license—penalty. 3. License—term of—bond. 4. Application for license. 5. Bonds. 6. Issuance of license. 7. Character of licensee. 8. License not transferable—register. 9. Revocation. 10. License to be posted. 11. Penalty for failure to post license. 12. Certain places declared nuisances—abatement. 13. Dram shops to be closed on Sunday. 14. Persons drinking- to excess—g-ambling-, pool tables, etc. —penalty. 15. Employment of minor—sales to drunkards and minors. 16. Notice to saloon keepers. 17. Loud noises, quarrelling, fighting, etc. 18. Saloons to be closed during certain hours. 19. Saloons to be closed on election day. 20. Evasion not permitted. 21. Police force to enforce ordinance. ARTICLE II. Druggists. 1. Druggists’ permits. 2. Druggists’ permits—application for. 3. Permits—how issued. 4. When permits expire. 5. Sales to be in good faith. 6. Certain sales prohibited. 7. Permits may be revoked. 8. Permits to be registered. 9. Penalty. REVISED ORDINANCES. 93 Be it ordained by the City Council of the City of Mendota: Section. 1 . Dram shop defined. That a dram shop within the meaning of this ordinance is a place where spirituous, or vinous, or malt liquors are retailed in less quantities than one gallon, and intoxicating liquors shall be deemed to include all such liquors within the meaning of this ordinance. Sec. 2. Sale without lice7ise — penalty. That no person shall, within the city of Mendota, by himself, agent, or clerk, keep a dram shop, or sell, give, or de¬ liver to any person any intoxicating, spirituous, vinous, or malt liquors, in any quantity less than one gallon, without a license therefor in accordance with the pro¬ visions of this ordinance, under a penalty of not less than twenty dollars nor more than one hundred dollars for each offense. Sec. 3. License—term of — bond. The city coun¬ cil may, in its discretion, grant licenses to such person or persons as may apply therefor, to retail intoxicating liquors, upon such person or persons paying into the city treasury the sum of two hundred and fifty dollars, in advance for six months; or five hundred dollars in advance, for one year, and executing a bond as herein¬ after required. Sec. 4. Application for license. All applications for license under this ordinance shall be made to the city council, in writing, stating the name of the person or persons applying for the same, the length of time for which said license is desired, and particularly describ¬ ing the proposed place of business; said application shall be signed by the person desiring such license. Sec. 5. Bonds. E}very person desiring a license to retail intoxicating liquors under the provisions of this ordinance shall file with his application to the city 94 REVISED ORDINANCES. council a bond executed to the city of Mendota in the penal sum of one thousand dollars, signed by at least two good and sufficient sureties, freeholders of the city, which bond shall be approved by the city council before a license is issued, conditioned that he will pay the said city all fines and costs recovered against him under the provisions of this ordinance and any and all other ordinances relating to the sale of intoxicating liquors now in force, or which may hereafter be in force, on account of any act done by him in violation of any such ordinance, during the time for which said license shall be granted. Said applicant or applicants shall also file with his application a bond in the penal sum of three thousand dollars, payable to the People of the State of Illinois, with at least two good and sufficient sureties, free-holders of the county of Pa Salle, to be approved by the city council, conditioned that he will pay all persons all damages they may sustain, either in person or property, or means of support, by reason of the person so obtaining a license, selling or giving away intoxicating liquors: Provided , any person who has become surety upon either of the bonds aforesaid of any person to whom license has been issued afore¬ said, may release himself from such liability in the fol¬ lowing manner: Such surety shall, at least ten days before a reg¬ ular meeting of the city council, give notice in writing, properly signed by him, to the city clerk, of his desire and intention to withdraw himself as such surety upon such bond, whereupon it shall be the duty of said clerk immediately to notify the principal upon such bond of such request, and at the next regular meeting of the city council he will be required to file for approval a new bond or bonds with sufficient sureties, to be ap- REVISED ORDINANCES. 95 proved by said council, and in default of so doing- the license so granted to him will be revoked, and in case the person to whom such notice has been given fails to comply with the terms thereof by the filing of a good and sufficient bond as hereinbefore required, the license so issued to such person shall thereupon become null and void; such surety, however, shall not be released from his liability on such bond arising from any actor acts done by such principal prior to the givingand ap¬ proval of such new bond or the revocation of such license. Sec. 6 . Issuance of license. Upon the approval of application and bond as provided in the foregoing sec¬ tions, and the presentation of the city treasurer’s re¬ ceipt for the license fee, the city clerk shall issue to the person or persons applying therefor, a license to retail intoxicating liquors under the provisions of this ordi¬ nance, for the period of time mentioned in such party or party’s application, which license shall be signed by the mayor and countersigned by the clerk. SEC. 7. Character of licensee. No license to sell intoxicating liquors within the city of Mendota shall hereafter be granted to any person who shall have been convicted of felony, or who, from habits of intemper¬ ance or otherwise, shall be deemed incapable of keep¬ ing an orderly house. Sec. 8. License not transferable — register. No license issued under the provisions of this ordinance shall be transferable, without consent of the city coun¬ cil, and the city clerk shall keep a license register, in which shall be entered the name of the person or per¬ sons to whom a license shall be issued, the date of the license, and the time the same shall expire. Sec. 9. Revocation . Any license so granted as 96 REVISED ORDINANCES. aforesaid may be revoked by the mayor or the city council whenever it shall appear to the satisfaction of the mayor or the city council, that the person or per¬ sons so licensed have violated any provision of any ordi¬ nance of the city of Mendota relating - to the keeping - of a dram shop, or any condition of the bond aforesaid. Sec. 10. License to be posted. Any and all persons licensed under this ordinance to sell intoxicat¬ ing - liquors, shall immediately cause to be and remain posted upon some conspicuous part of the room or bar kept or used for such purpose, his or their license. Sec. 11. Penalty for failure to post license. Any persons so licensed, who shall not cause such license to be and keep the same posted, as required in the preced¬ ing - section, or who, not being - licensed, shall cause or permit any paper or document purporting - to be a license to be or remain posted as aforesaid, shall, on convic¬ tion, be fined in a sum not exceeding - twenty dollars for each offense. Sec. 12. Certain -places declared nuisances — abatement. All places where intoxicating - liquors are sold or g-iven away in violation of this ordinance, shall be taken, held, and declared to be common nuisances ; and all rooms, taverns, eating-houses, bazaars, res¬ taurants, drug - stores, groceries, coffee-houses, cellars, or other places where intoxicating - liquors are sold or given away in violation of this ordinance, shall be deemed public nuisances ; and whoever shall keep any such place by himself, or his servant or agent, shall, for each offense, be fined one hundred dollars. Sec. 13. Dram shops to be kept closed on Sunday. No person engaged in the retail liquor business, shall on Sunday, keep open, or offer to keep open, his or her saloon or place of business, or sell or deliver any intox- REVISED ORDINANCES. 97 icating or malt liquors, or beverages whateyer, or permit any such liquors or beverage to be used or drank at his or her place of business, or in any place adjacent thereto, under his or her control ; nor shall on Sunday admit any one into his or her place of bus¬ iness, not belonging thereto or connected therewith under a penalty not exceeding two hundred dollars for every such offense. Definition: Sunday shall include the time from midnight to midnight. Sec. 14. Persons d7~inki?ig to excess — gambling, 'pool-tables, etc. — Penalty. No retail liquor dealer shall by himself, servant or clerk, suffer or permit any person to drink to excess or drunkenness in his premises, or suffer or permit any species of gambling, or any pool or bagatelle,pigeon-hole table or any other board or table on which any game of chance is played, in any part thereof, or in any place adjacent thereto under his control, under a penalty of not less than twenty-five dollars,nor more than two hundred dollars in each case. Provided, nothing in this ordinance shall apply to the use of billiard tables for the playing of billiards only. Sec 15. Employment of minor—sales to minors and drunkards — penalty. No retail liquor dealer shall employ any nynor as a servant or clerk in his place of business, nor shall in any manner sell, give, or deliver any intoxicating liquors or beverage, whatever, to any minor or intoxicated person, or person in the habit of getting intoxicated, nor shall harbor or entice or suffer any minor or intoxicated person, or persons, in the habit of getting intoxicated, to be, or to remain, or loiter in or about his place of business, under a penalty of not less than five dollars no more than two hundred dollars in each case. 98 REVISED ORDINANCES. Sec. 16. Notice to saloon keepers-. Whenever the wife or any other relative of any person habitually addicted to the use of intoxicating - drink, by notice in writing - , personally served, shall make a request to any dram shop keeper not to sell or in any manner gave away liquor to such person, it shall thereafter be un¬ lawful for such dram shop keeper to sell or gave away any liquor to such person. Any person violating - the provisions of this section shall be fined in a sum not less than ten dollars nor more than two hundred dol¬ lars for each offense. Sec. 17. Loud noises. quarrelling *, fighting , etc., prohibited. No retailer of liquors licensed under the provisions hereof shall suffer any loud or boisterous talking - , or obscene or profane language, quarrelling - , singing*, fighting, or other disturbance in or about his place of business, or in any place adjacent thereto under his control, to the annoyance or disturbance of persons passing along any street or public square in the vicinity thereof, or to the disturbance of the peace and quiet of persons doing business or residing in the neighborhood thereof, under a penalty of not less than five dollars nor more than one hundred dollars for each offense. SEC. 18. Saloons to be closed during certain hours. All dram shops within the city of Mendota shall be closed at the hour of 11 o’clock P. M. on the night of each day and remain closed until 5 o’clock A. M. of the following day, and during said time the owner or proprietor thereof, either by himself, his agent or servant, or by any shift or device whatsoever, shall not allow any malt, vinous, spirituous or intox¬ icating liquor of any kind to be sold, or given away therein, and any person or persons violating this sec- REVISED ORDINANCES. 99 tion shall be fined in a sum not less than twenty-five dollars nor more than two hundred dollars for each offense. Sec. 19. Saloons to be closed on election day. No retailer of liquors or keeper of any dram shop, shall, on any general or special election day, or day on which any city, town, county or state election is held within said city, keep open, or permit to be kept open, his dramshop or place of business ; nor shall, on such day, sell or give away, any intoxicating, malt, vinous or spirituous liquor whatever, or permit any such liquor to be used or drank in his place of business, or in any room or place adjacent thereto, subject to his control, under a penalty of not less than twenty-five dollars nor more than one hundred dollars for each offense. a Sec. 20. Evasions not permitted . All subter¬ fuges or evasions for the purpose of avoiding the requirements or provisions hereof, are hereby declared to be within the meaning and intent, and shall be deemed violations hereof. Sec. 21. Police force to see to the enforcement of ordinaiice. The city marshal and all police officers shall see that the provisions hereof are strictly ob¬ served and enforced, and shall prosecute all violations of the same. Any person may make the proper com¬ plaint of such violation before the police magistrate, or any justice of the peace, and have the offender prosecuted as in other cases. And it shall be the duty ♦ of the city marshal, or any policeman, to arrest, or cause to be arrested and prosecuted without delay, all persons who may be found intoxicated or riotous in any place. 100 REVISED ORDINANCES. ARTICEE II. Druggists. Section 1. Dt-uggists' 'permits. All druggists or pharmacists, within the city of Mendota, who have complied with the statutes of Illinois relating- to phar¬ macists, desiring to sell intoxicating- liquor for medi¬ cinal, mechanical, sacramental, and chemical purposes within said city, may obtain a permit therefor in the manner hereinafter provided. Sec. 2. Druggists' permits—application for. Such drug-g-ists shall first file with the city clerk an application for such permit, stating the person or per¬ sons in whose behalf such permit is desired, and the place where, and the person or persons owning the rooms or building where such business is to be con¬ ducted, and all permits granted under this ordinance shall be limited to the person or persons and the place specified therein; and such applications shall contain an agreement that the applicant or applicants will faithfully obey all ordinances of the city of Meudota relating to the sale of intoxicating liquors. Sec. 3. Permits—hozu issued. Upon the filing of such application and a bond as provided in Section 5 of Chapter 43, Revised Statutes of Illinois in the year 1874, and after the approval of such bond by the city council, and the payment of the sum of twenty dollars into the city treasury, the city clerk shall issue to the person or persons so applying a permit as fol¬ lows: Know all men by these presents: That .having- on this day filed in the office of the city clerk of the city of Mendota an application for a DRUGGISTS 1 PERMIT to sell intoxicating liquors under and in accordance with Article 2, REVISED ORDINANCES 101 Chapter XIV Revised Ordinances of the City of Mendota. Now, therefore, the said.is hereby author¬ ized to sell intoxicating liquors at No.. .street in said city, for mechanical, sacramental, chemical, and medicinal purposes only. This permit expires on the first Monday of next May, and is granted subject to all the ordinances of said city that now exist or t may exist. Witness my hand and the seal of said city hereto affixed, this .day of. a. d. 18 . . .. City Clerk. Sec. 4. When permits expire. All such permits shall expire on the first Monday of May next following* their issue. Sec. 5. Sales to be in good faith . Such permits shall only authorize the druggists to whom issued to sell intoxicating liquor for sacramental, chemical, medi¬ cinal, or mechanical purposes only, and when the druggist believes in good faith it is to be used only for such purpose, and has no reason to believe to the con¬ trary. Sec. 6 . Certain sales prohibited. In no case shall it be lawful for a druggist or pharmacist to sell or give away intoxicating liquor to be drank in or upon the premises occupied by such pharmacist or druggist, or in or upon any room, building, yard, premises or place of public resort ad jacent thereto. Sec. 7. Permits may be revoked. Any permit issued under the provisions of this article may be re¬ voked by the city council at any time whenever it shall appear to the satisfaction of the council that the holder or holders of such permit have violated any of the pro¬ visions of this article, or any of the statutes of the state of Illinois relating to the sale of intoxicating liquors. 102 REVISED ORDINANCES. Sec. 8. Permits to be registered . The city clerk shall keep a register of all permits issued under this article, showing the date, to whom issued and the location named in such permit. Sec. 9. Penalty. Any failure or neglect to com¬ ply with any of the provisions of this article, or any violation of any of the provisions of this article, shall subject the offender to a fine of not less than twenty- five dollars nor more than two hundred dollars for each offense. CHAPTER XV. EINES AND PENALTIES. Section 1. Suits—where brought. 2. Process. 3. Suits against corporation—service. 4. Continuances. 5. No dismissal for formal defects. 6. Proceedings against unknown party. 7. Trial by jury—waiver. 8. Commitment of offenders. 9. Officers to attend as witnesses—costs. 10. Payment of fine. 11. Commitment when not laboring, etc. 12. Working out fine and costs. 13. Refusal to work—escape—penalty. 14. Prosecution—no bar, etc. 15. Repeal. Be it ordained by the City Council of the City of Mendota : Section 1. Suits—where brought. All suits or actions for the recovery of any fine, penalty, or forfeit¬ ure, arising under the laws, or ordinances of the city of Mendota, where the amount sued for, or in controversy, does not exceed two hundred dollars, may be brought REVISED ORDINANCES. 103 before the police magistrate or any justice of the peace in said city. Sec. 2. Process. That in all actions for the vio¬ lation of any ordinance the first process shall be a sum¬ mons provided, however,that a warrant for the arrest of the offender may issue in the first instance upon the affidavit of any person that such an ordinance has been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof, and any person arrested upon such war¬ rant shall, without unnecessary delay, be taken before the proper officer, to be tried for the alleged offense. SEC. 3. Suits against corporatiori — when . When any action shall be brought against any incorporated company for the violation of any law or ordinance of said city, the police magistrate or justice of the peace before whom the complaint is made, shall issue a sum¬ mons against such company, stating therein the nature of such action or suit, which summons shall be return¬ able in not less than five nor more than fifteen days from the date of the issue thereof, and may be executed by leaving a copy thereof with the president, secretary, superintendent, general agent, cashier, or principal clerk of such company, if any of them can be found in said city, and if not, then by leaving a copy with any director, clerk, engineer, conductor, station agent, or other agent to be found in said city, and upon the re¬ turn day of said summons at the hour named therein, the justice shall proceed to hear and determine the case in like manner as other cases are determined, when a warrant is issued and the defendant arrested and brought into court. Sec. 4. Continuances. In all suits before the police magistrate or any justice of the peace in said city, 104 REVISED ORDINANCES. under the laws or ordinances of said city, continuances may be granted for good cause shown,not to exceed ten days at any one time. SEC. 5. JVo dismissal for formal defects. No suit or proceeding, under the laws or ordinances of said city, shall be dismissed for any defect or infor¬ mality in the complaint or warrant, if the offense be substantialy alleged therein ; and amendments shall be allowed in all cases upon such terms as the police magistrate or justice of the peace shall deem just and reasonable. Sec. 6. Proceediyigs against unknown forties . If the name of any defendant is unknown, he may be designated by any description by which he can be certainly identified ; and if upon arrest he shall refuse to disclose his true name, he may be tried and convicted by the designation used in the warrant ; but where the true name of any defendant is known to the police magistrate or justice of the peace, or can be ascertained by him, it shall be the duty of such police magistrate or justice of peace to place the same upon his docket. Sec. 7. Trial by jury — waiver. No person shall be imprisoned for the non-payment of a fine or judg¬ ment except on conviction by a jury: Provided , that the defendant, or defendants, in any such action, may waive a jury trial, by executing a waiver in writing ; and frovided further , that this provision shall not be construed to apply to fines inflicted for contempt of court; and frovided further , that when such waver of jury is made, imprisonment may follow the judg¬ ment of the court without conviction by a jury. The selection of such jury shall be governed by the statutes of this state in relation to the granting and selecting REVISED ORDINANCES. 105 of juries in civil cases before justices of the peace, but *the defendant or defendants shall not be required to advance the jury fees. Sec. 8. Commitment of offenders. Any person upon whom any fine or penalty shall be imposed as heretofore provided, may be committed to the calaboose, city prison, work house, house of correction, and that the city calaboose is especially provided for the incar¬ ceration of offenders until such fine, penalty and costs shall be fully paid: Provided , that no imprisonment shall exceed six months for any one offense. Sec. 9. Officers to attend as witnesses — costs. All police officers making arrests shall attend as wit¬ nesses before the police magistrate, or justice of the peace, before whom any suit is brought under the ordinances of said city, and shall procure all necessary evidence in their power, and furnish a list of all wit¬ nesses to the city attorney, but no costs of any kind shall be taxed against or collected of the city in any such court, and no officer shall be entitled to any wit¬ ness fees in any action for a violation of any city ordinance. Sec, 10. Payment of fine—release , Any person committed may, at anj time, pay the amount of the fine and costs, and upon such payments being made, or upon his working out the amount of the fine and costs against him, or otherwise being entitled to his discharge, the marshal, street superintendent, or any other officer or person having such person in charge, if required, shall give him a written discharge and set him at liberty. Sec. 11. Commitment when not laboring *, etc. The street superintendent, or any other officer or per¬ son, having any person so committed in his custody I 106 REVISED ORDINANCES. for the purpose of working- out his fine and costs, shall commit such person to the city calaboose, or other se¬ cure place for safe keeping, when not laboring, and take him therefrom each day for the purpose of laboring. Sec. 12. Working-out fine and costs. When any able bodied male person shall be committed by any police magistrate or justice of the peace, for the non-payment of any fine or penalty as heretofore provided, the city marshal or any policeman may take such person from the city prison or other place of confinement, and de¬ liver him with a copy of the mittimus and with the amount of fines and costs into the custody of the city superintendent of streets, or any other person having charge of any of the public works of said city, who shall if practicable receive such person and receipt for him to such marshal or other police officer and shall enter in a suitable book to be kept by him the amount of the fine and costs, and the number of days which the person will be required to work to discharge the same, said superintendent or other person shall thereupon compel such person to labor on the streets and alleys of said city or other public work for ten hours each working day and shall credit him with fifty r cents, ex¬ clusive of board, for every day he shall so diligently labor, and shall discharge him when he shall have labored out his fine and costs. Sec. 13. Refusal to work — escape — penalty. Any person so committed who shall refuse to labor, or who shall conduct himself in a riotous or disorderly manner, or shall refuse to obey the orders of the superintendent of streets or other person having him in charge, or shall resist or attempt to escape, shall not be entitled to any credit on his fine, and may be recommitted to the city REVISED ORDINANCES. 107 prison or other safe place of confinement until he shall consent to labor. If any person shall escape he shall forfeit the whole of the labor performed and if retaken shall work out the whole of the fine and costs for which he was originally committed. Sec. 14. Prosecution—no bar , etc. All actions brought to recover any fine or to enforce any penalty under any ordinance of the city of Mendota, shall be brought in the corporate name to wit: the city of Men¬ dota as plaintiff, and no prosecution, recovery or acquit¬ tal for the violation of any such ordinance, shall con¬ stitute a defence to any other prosecution of the same party for any other violation of any such ordinance, although the different cause of action existed at the same time and if united, would not have exceeded the jurisdiction of the court or magistrate. Sec. 15. Refeal. All ordinances or parts of or¬ dinances in conflict with this ordinance are hereby repealed. 108 REVISED ORDINANCES. CHAPTER XVI. EIRE DEPARTMENT. Fire Marshal, Foreman, Assistant Foreman, Companies, etc. Section 1. Department created. 2. Office of fire marshal created—appointment. 3. Oath—bond. 4. Powers and duties. 5. Command organization—tear down buildings. 6. Enforce ordinances. 7. Examine places liable to cause fire. 8. Prescribe rules. 9. Preferring charges—suspension. 10. Keep a record—annual report. 11. Successor. 12. Salary. 13. Officers of company. 14. Dividing companies into sections. 15. Constitution, by-laws, etc. 16. Alarm—attending fires—return of apparatus. 17. Meetings, reviews, etc. 18. Arrests at fires. 19. Refusing to obey orders. 20. Eligibility—exemption s. 21. Failure to attend meetings. 22. Compensation of each company. 23. Repeal. Be it ordained by the City Council of the City of Mendota: Section 1. Department created . There is here¬ by created a department of the municipal government of the city of Mendota, which shall be known as the fire department, and shall embrace a fire marshal, one foreman, and one assistant foreman for each fire com¬ pany, and such other persons as may from time to time be approved of by the council, and when so approved REVISED ORDINANCES. 109 of they shall be enrolled as members of the lire depart¬ ment, by the city clerk, in a book to be kept for that purpose. Sec. 2. Office of fire marshal created — appoint¬ ment. There is hereby created the office of fire mar¬ shal of the city of Mendota. He shall hold his office for the term of one year, and until his successor shall be appointed and qualified. Said fire marshal shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May 1894, or as soon thereafter as may be, and annually thereafter. Sec. 3. Oath — bond. The fire marshal shall, before entering' upon the duties of his office, take and subscribe to the oath prescribed by law for city officers, and shall execute a bond to the city in the penal sum of five hundred dollars, with sureties to be approved by the city council, conditioned for the faithful perform¬ ance of the duties of his office. Sec. 4. Powers and duties. Said fire marshal shall be the chief of the fire department, and, subordi¬ nate to the mayor, shall have full command and control of said department and over all the members thereof. He shall have the general care and custody of the en¬ gines, hose carts and hose, trucks, hooks and ladders, and all other property and equipments belonging to the fire department, and he shall personally attend to all repairs required to be made upon the same. Sec. 5. Co?nmand organization—tear down build¬ ings. He shall attend all fires occurring within the city, and take command of the organization, and shall see that the several members of the fire department faithfully perform their respective duties. In the ab¬ sence of the fire marshal all of his duties shall devolve 110 REVISED ORDINANCES. upon the foreman of the first fire company arriving- at the fire, if the foreman is absent then the assistant for- man of the company aforesaid shall discharg-e all the duties of the fire marshal. With the concurrence of the mayor or any two aldermen, the fire marshal may order the tearing- down and removal of any building-, or may direct the blowing- up of any building-, when, in either case, it shall be deemed necessary to check the progress of any fire. Sec. 6. Enforce ordinances. It shall be the spe¬ cial duty of said fire marshal to see that all the ordi¬ nances of the city, having- any relation to the protection of life or property of the city from fire, or relating to the fire department, are strictly enforced, and that all the members of the fire department are faithful in the discharge of their duties. SEC. 7. Examine f laces liable to cause fire. It shall be the duty of the fire marshal to visit and exam¬ ine, or cause the same to be done, all places reported to him as being liable to cause or occasion the breaking out or spread of fire, and to make such orders in rela¬ tion thereto as the protection of life and the property of the city may require. Sec. 8. Prescribe rules. It shall be the duty of the fire marshal, in conjunction with the mayor, to prescribe such rules and regulations for the govern¬ ment of the fire department, as they shall deem ex¬ pedient for the welfare and efficiency of said depart¬ ment. Sec. 9. Preferring charges. He may, either upon his own knowledge or upon information com¬ municated to him by others, prefer formal charges to the fire department against any member of the fire department for incompetency, neglect of duty, disobe- REVISED ORDINANCES. Ill dience of orders, or violation of any of the standing- rules or reg-ulations of said department; and pending- such charg-es, shall suspend such delinquent member from duty, and such suspension shall continue in force until the charges can be investigated by the fire department, and final action taken thereon by said fire department. Sec. 10. Keep a record—annual reports . Said fire marshal shall keep, in a book to be provided by the city for that purpose, a full and accurate record of all the property and equipments of the fire department, together with a record of all transactions in the fire department, and of all property placed in his charge and custody; and he shall, annually, at the close of each fiscal year, make a written report to the city council, showing the condition of the department under his management, together with a complete list of all fires occurring in said city during the preceding year, the date and location of each fire, the name of the owner of the property destroyed, the cause of the fire, loss incurred thereby, amount of insurance, and such information as he may deem important to the city. Sec. 11. Successor. On the expiration of his term of office, or his resignation thereof, or removal therefrom, the fire marshal shall, on demand, deliver to his successor in office, all books, records, equip¬ ments, and property of every description in his pos¬ session, belonging to the "city or appertaining to his said office. Sec. 12. Salary. The fire marshal shall receive an annual salary of fifty dollars, to be paid quarterly in lieu of all other compensation, perquisite or benefit in any form whatever. 112 revised ordinances. Sec. 13. Officers of company . The officers of each fire company shall consist of a foreman, assistant foreman, secretary, treasurer, and such other officers as may be provided for in the by-laws of such company. Sec. 14. Dividingco?npanies into sections. The firemen shall be divided into sections, and assigned to such duties as may be prescribed in the by-laws of the different fire companies organized in said city. Sec. 15. Constitution , by-laws , etc. Fach com¬ pany may adopt such constitution, by-laws, and rules for its government, not contrary to the ordinances of said city, as the members may deem proper. Sec. 16. Alarms — attending fires — return of apparatus. Upon an alarm of fire, all the fire com¬ panies shall repair to the place of the fire, with the engines, hose, hooks, ladders, axes, saws, and other implements in their care, and there work and manage the same under the directions of the acting fire marshal, and the members thereof shall not remove therefrom,ex¬ cept upon the permission of the acting fire marshal,, and upon such permission being given, they shall re¬ turn their respective engines, hose, carts, hooks, ladders, saws, and othei* fire apparatus, well washed and cleansed to their appropriate places of deposit. Sec. 17. Meetings , reviews , etc. For the pur¬ pose of securing efficient action in case of fires, the different fire companies shall hold regular meetings— one at least in every month, for the purpose of drill and excercise. Besides the regular meetings aforesaid, there shall be two general meetings, for the purpose of review by the mayor and aldermen, of all the members of the fire department of the city. Said reviews shall be held in the months of May and October of each year; on some day, to be designated by the fire marshal, and REVISED ORDINANCES. 113 said marshal shall give due notice of the time and place of review to the mayor and council, and also notice in some newspaper of said city to the members of the fire department. Upon the day appointed for such review, it shall be the duty of all persons belong¬ ing to the fire department to appear at the place designated, fully equipped for such reviewing, and the different companies shall bring their engines and other fire apparatus. Sec. 18. Arrests at fires . It shall be the duty of the city marshal and all other police officers of said city, to attend all fires and maintain order, and arrest all disorderly persons, and all persons who shall at¬ tempt to steal any property, and lodge the same in the city prison, until they can be brought before a magistrate for examination. Sec. 19. Refusing to obey orders. Every person who shall repair to any fire shall obey the orders of the acting fire marshal, and assist in putting out such fires ; and any person who shall refuse to obey the lawful orders of any acting fire marshal in case of fire, shall be liable to a fine of not less than two dollars and not more than ten dollars, to be recovered in an action brought in the name of the city, before any court of competent jurisdiction. Sec. 20. Eligibility , exemption, etc. No person except able-bodied men above the age of eighteen years shall become a member of the fire department of said city. Each and every member of the fire department shall be exempt from poll tax and jury service. Sec 21. Failure to attend reviews or meetings. Any member of the fire department who shall fail to attend any fire, without good excuse, or who shall fail to attend the general review of the fire department in 114 REVISED ORDINANCES. May or October, without good excuse, or who shall fail to attend the regular meetings of his company for drill, without similiar cause, shall forfeit and pay to the company of which he is a member, for every such offense, such sum of money not exceeding ten dollars, as may be prescribed in the by-laws of his company, to be recovered in an action brought in the name, of the city of Mendota, for the use of such company, before any court having -jurisdiction. Sec 22. Compensation. Each company belong¬ ing to the fire department, shall receive annually the sum of one hundred and twenty-five dollars, payable quarterly. Sec. 23. Repeal. All ordinances or parts of ord¬ inances in conflict with this ordinance are hereby re¬ pealed. CHAPTER XVII. FIRE DISTRICTS. Section 1 . Fire districts prescribed. 2. Alarm—districts how designated Be it ordained by the City Council of the City of Mendota: Section 1. Fire districts prescribed. Each ward in the city of Mendota shall constitute a fire district: Ward number 1 shall constitute fire district number 1. Ward number 2 shall constitute fire district number 2. Ward number 3 shall constitute fire district number 3. 115 REVISED ORDINANCES. Ward number 4 shall constitute fire district number 4. Sec. 2. Alarm—districts hozu designated. The alarm of fire shall be given by a quick blast of the water works whistle, and the fire district in which the fire is situated shall be designated by the whistle sounding slowly the same number of times as the num¬ ber of the fire district in which the fire is situated. CHAPTER XVIII. FIRE LIMITS. Section 1. 2 . 3. 4. 5 . 6 . 7. 8 . Limits prescribed. Character of buildings in fire limits. Wooden buildings prohibited. Manner of ascertaining damage. Penalty for violating ordinance. Wooden buildings declared a nuisance—abatement. Wooden buildings defined. Repeal. Be it ordained by the City Council of the City of Mendota: Section 1. Limits prescribed. That all that part of the city of Mendota embraced in the following limits shall hereafter be known as the fire limits of said city, to-wit: Block 48 and the north half of Block 49 and Block 59, 60 and 61 in the original town of Men¬ dota. Block 36 and the east half of Block 37, and Blocks 48 and 49 West’s addition to Mendota and Blocks 1, 2 and 3 in the Illinois Central Railroad addi¬ tion to Mendota. Sec. 2. Character of buildings in fire limits . No building or structure of any kind or description shall be hereafter erected or constructed within the fire 116 REVISED ORDINANCES. limits, as defined in Section 1 of this ordinance, unless the outside and party walls thereof shall be composed entirely of brick, stone, iron or other incombustible and fireproof materials, and unless the roof, cornice and gutters shall be composed of, or shall be covered on the outside surface with copper, iron, zinc, or other fire¬ proof material. Sec. 3. Wooden buildings prohibited. No wood¬ en building or part of building within the fire limits prescribed in Section 1 of this ordinance shall be raised, enlarged repaired, or removed to any other place within the fire limits; nor shall any wooden building or part of building be removed from any place into the fire limits: Provided , that the owners or occupants of wood¬ en buildings now located within the fire limits shall have the right to raise such wooden buildings to the established graOe. No wooden building within said fire limits, which may hereafter be damaged to the ex¬ tent of fifty per cent, of the value thereof, shall be re¬ paired or rebuilt; nor shall any wooden building, where the damage shall be less than fifty per cent, of its value, be so repaired as to be higher than the highest point left standing after such damage shall have occurred, or so as to occupy a greater space than said building occupied before the injury thereto. Sec 4. Manner of ascertaining- damage. The amount or extent of damage that may be hereafter done to any wooden building shall be determined by three appraisers, to be selected as follows: One of said ap¬ praisers shall be selected by the owner of the building damaged; the second shall be selected by the mayor of the city of Mendota, and the two so chosen shall select the third. It shall be the duty of said appraisers to make a careful estimate of the damage to said building REVISED ORDINANCES. 117 and the decision of said appraisers so appointed shall be final and conclusive. Sec. 5, Penalty for violating- ordinance. Any owner, builder, or other person who shall own, build or aid in the erection of any building - or part of building - within said limits, contrary to or in any other manner than authorized by the provisions of this ordi¬ nance, or who shall remove or assist in removing - any wooden building - within said limits, or from one place to another therein, or who shall remove or assist in removing - any such building - from without said limits into the same, or repair or assist in repairing - any dam¬ aged building - , contrary to any provisions of this ordi¬ nance, shall be subject to a fine of not less than fifty dollars nor more than two hundred dollars for the first offense, and a like fine for every twenty-four hours such person shall fail to comply with the provisions of this ordinance or continue in the violation thereof. Sec. 6. Wooden buildings declared a nuisance — abatement. Any wooden building - or part of building which may be erected, enlarg-ed removed or repaired, or in process of enlargement, removal or repair, con¬ trary to this ordinance, shall be deemed a nuisance; and upon information it shall be the duty of the mayor after g-iving twenty-four hours’ notice to the owner, occupants, or person in charge of such building, or the builder thereof, to abate che same, to raze such building to the ground. The expenses thereof shall be reported by the mayor to the city council, and such ex¬ penses shall be collected from the owner of such build¬ ing by suit. Sec. 7. Wooden buildings defined. The term “wooden building,’’ wherever used in this ordinance, shall be understood to embrace and mean all buildings. 118 REVISED ORDINANCES. tenements, houses, outhouses, stables, sheds, ami structures of every description, the outer walls or roofs, or any part thereof, of which are, in whole or in part, constructed or built of wood. Sec. 8. Repeal. All ordinances or parts of or¬ dinances in conflict with this ordinance are hereby re¬ pealed. CHAPTER XIX. # >1-1 • V Section 1. 2 . ■V 3. 4. 5. 6 . 7. 8 . 9. 10 . 11 . 12 . 13. 14. 15. 16. 17. FIRE REGULATIONS. False alarm. Bonfires, shooting- of rockets, etc., prohibited. Use of lamps reg-ulated—penalty. Shavings to be removed. Carrying fire prevented. Shavings, etc., not to be thrown in streets. Regulation of stoves and chimneys. Regulation of stove-pipes. Manner of putting up stove-pipes. Stove-pipes to be conducted into chimneys. Additional precaution. Erection of chimneys. Regulation of lofts. Stacking hay in fire limits prohibited. Hay not to be stacked within ten feet of buildings. Depositing burning coals prohibited. Repeal. Be it ordained by the City Council of the City of Mendota: Section 1. False alarm. Whoever wilfully, by outcry or otherwise, makes or circulates, or causes to be made or circulated, any false alarm of fire, shall be subject to a fine of not less than three nor more than twenty-five dollars for each offense. Sec. 2. Bonfires , shooting of rockets, etc., pro¬ hibited. No person shall, in any of the streets, alleys, REVISED ORDINANCES. 119 public squares, or parks in said city, make, or kindle, or keep burning - any fires, or set off any crackers, rockets, torpedos, squibs, or other fireworks, without permission from the mayor, under a penalty of not less than three dollars nor more than one hundred dollars for each offense: Provided , that this section shall not apply to persons burning - up debris or rubbish in front of their own premises for the purpose of cleaning - up. Sec. 3. Use of lamps and candles regulated — penalty. No person shall take or use, in any barn or stable within the corporate limits of the city of Men- dota, any lig-hted candle, oil or fluid lamp, or any burn¬ ing - light of any kind whatsoever, unless the same be enclosed and secured in a good glass, horn, or other lantern, under a penalty of not less than ten dollars for each offense. Sec. 4. Shavings to be removed. Every person keeping or occupying any shop or other building where¬ in shavings or other combustible materials are made, accumulated, or may be contained, and situated within one hundred feet of any other building, shall clear and remove such shavings, or other combustible materials, out of any such building and the yard belonging there¬ to at least once in each week, under a penalty of five dollars for each offense. Sec. 5. Carrying fire prevented. No person shall carry fire in or through any street or lot, or other public or private place, except the same be placed or covered in some closed or secured pan or other vessel, under a penalty of three dollars for each offense. Sec. 6 . Shavings , etc., not to be throiun in street. No person shall scatter or throw any chips, shavings, paper, or other combustible matter, or suffer them to be thrown or scattered, on any street, alley, or other 120 REVISED ORDINANCES. public place, under a penalty of not less than five nor more than twenty-five dollars for each offense. Sec. 7. Regulation of stoves, stove-pipes , and chimneys . That it shall hereafter be unlawful for any person to erect or use any stove, stove-pipe, or chim¬ ney, in the city of Mendota, except in accordance with the following' provisions: Sec. 8. Regulating of stove-pipes. Stove-pipes shall not be less than four inches from any wood or other combustible material, unless there is a double circle of tin connected together, and air holes through the connecting tin between said pipe and the combust¬ ible substance, under the penalty of three dollars,and the sum of one dollar for every three days it shall re¬ main after notice from the fire marshal to alter the same. Sec. 9. Manner of putting up stove-pipe. E^very stove-pipe, in its passage through any ceiling, floor, partition, wall, or roof, shall be secured in its passage at every such passage by plates of tin or iron, or by means of cut stone or earthen safes; and all horizontal pipes, or portions of pipe not perpendicular, shall be supported by wires, or other proper supports, so as to prevent the danger of falling of such pipes, and any person violating this section shall be fined in a sum not less than three dollars nor more than ten dollars for each offense. Sec. 10. Stove-pipes to be conducted into chim¬ neys. No pipe of any stoye, furnace, or franklin shall be put up, unless it be conducted into a chimney made of brick or stone, except upon the written permission of the fire marshal; and every person yiolating this sec¬ tion shall, for every offense, pay a fine of five dollars, and a further fine of one dollar for every twenty-four hours the same shall remain after notice is given by the REVISED ORDINANCES. 121 fire marshal or any member of the police force to re¬ move the same. Sec. 11. Additional precaution. No stove-pipe or chimney shall terminate or discharge at any distance less than four feet from the roof, or any other wood¬ work of any building, nor discharge toward any build¬ ing so as to endanger the same, nor into any street or alley, and any person violating this section shall be fined not less than five dollars nor more than twenty- five dollars for each offense. Sec. 12. Erection of chimneys. No chimney shall hereafter be built with less than four inches thickness of brick or stone, imbedded in lime mortar, and plastered on the inside with a smooth coat of the same. No flue shall in any case be less than eight inches by eight inches; and if intended for two full stories, not less than eight by twelve inches; and if for three stories or more, not less than eight by sixteen inches. Holes for stove-pipes shall have a sheet-iron thimble inserted into the chimney, imbedded in mortar, and a tin or sheet-iron stopper, with a flang at least one inch wide outside of brick. Hvery person who shall hereafter build, or cause to be built, a chimney contrary to this section, shall, for each offense, forfeit and pay the sum of ten dollars; and every owner of any chimney that shall hereafter be built contrary to this section, shall cause the same to be altered within ten days after notice shall have been given by the fire mar¬ shal, or forfeit the sum of ten dollars, and also ten dol¬ lars for every week thereafter, so long as said chimney shall remain unaltered. Sec. 13. Regulation as to lofts. No chimney shall hereafter be commenced or constructed in any loft, unless there be fixed stairs leading to said loft and said 122 REVISED ORDINANCES. loft is easy of access at all times; and no stove-pipes shall pass through more than one ceiling’ before enter¬ ing a chimney. Any person violating 1 this section shall be fined in a sum not less than five nor more than fifty dollars for each offense, and the further sum of ten dollars for every week that such person continues such chimney or stove-pipe in violation of this section, after notice shall have been given by the fire marshal to alter the same. Sec. 14. Stacking- of hay in fire limits prohibited. It shall not be lawful for any person to stack any hay, straw, or other combustible material, on any lot or part of lot, or any block within the fire limits of the city of Mendota, under a penalty of not less than ten nor more than one hundred dollars for each offense. Sec. 15. Hay not to be stacked zuithin ten feet of building. No person shall stack or deposit any hay or straw within ten feet of any building or dwelling house within the city of Mendota, under a penalty of not less than ten nor more than one hundred dollars for each offense. Sec. 16. Depositing burning coals prohibited. Any person who shall throw or deposit any burning coals or other burning material, upon any street, alley, or public place within the city of Mendota, shall be fined not less than three nor more than twenty-five dollars for each offense. Sec. 17. Repeal. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. REVISED ORDINANCES. 123 Section 1. 2 . 3. 4. 5. Section 6. H % . 8 . 9. 10 . 11 . CHAPTER XX. 4 y .. LICENSES. , t \ Manner of applying for license. ■ What license/to contain. Record to be kept by clerk. Terms of license—not assignable—bond. Licenses subject to ordinances—revocation. Auctioneers. Unlawful for non-resident to sell without license. When license not required. \ License fees. Penalty for violating ordinance. Deceiving bidders—penalty. Auction defined. Shows and Exhibitions. Section 12. Shows and exhibitions to be licensed—penalty. 13. License fees. 14. Additional fees. Billiard Tables , Pool Tables and Bowling Alleys. Section 15. 16. 17. 18. Billiard tables, pool tables and bowling alleys must be licensed—penalty. License fee. Must be closed on Sunday—penalty. Minors not allowed to play—penalty. Hawkers and Peddlers. Section 19, 20 . 21 . License required. Requisits of application. License fees. 124 REVISED ORDINANCES. Itinerant and Transient Merchants. Section 22. 23. License required. License fee. Shooting Galleries. Section 24. 25. 26. License required. License fee. What license authorizes Hacks and Omnibuses. Section 27. 28. 29. 30. License required. Application for license. License fees. Penalty for violating- ordinance. Bill Posters. Section 31. License required—penalty. 32. Application—fee. 33. Mayor may grand license. 34. Expiration of license—revocation. \ Be it ordained by the City Council of the City of Mendota : Section 1 . Manner of afiflying' for a license. That licenses shall be granted under the ordinances of the city of Mendota in the manner and upon the condi¬ tions following', and not otherwise: The person or persons desiring - a license shall make written applica¬ tion therefor to the city clerk, which application shall be sig-ned by the applicant and shall state the purpose and time for which the license is desired, and the place where the business for which the license soug'ht is to be conducted; and upon presentation of said application to the city clerk and the payment of the sum required for such license, said clerk shall issue to such applicant a REVISED ORDINANCES. 125 license, and said clerk shall preserve in his office all applications on which licenses are so issued. Sec. 2. What license to contain. Every license shall contain the name in full of the person to whom the same is granted, the kind of business therebv authorized, the time covered by the same, and where the same is to conduct a local business, the street and number of the place of business therebv covered, and shall be sigmed by the mayor and countersigned by the city clerk, attested by the seal of the city; and such license shall not protect the holder thereof beyond the express terms of the license. Every person holding- a license shall, upon demand, exhibit the same to any city officer. Sec. 3, Record to be kept by clerk. It shall be the duty of the city clerk to record in suitable books all licenses issued under the ordinances of the city, enter¬ ing- the name of the person licensed, the date of the li¬ cense, for what purpose granted, date of expiration, the amount paid, the name of the security on the bond, if bond is required, the number of the same, which shall also be inserted in the license; and a column mav be set apart for remarks. Sec. 4. License only for one year—not assign¬ able - bond. No license shall be granted for a long-er period than one year, nor be assig-nable or transferable without the permission of the city council, nor shall authorize any person other than the one therein named to carry on the business therein specified; and where bond is by ordinance required of the person licensed, the city clerk shall see to the taking- and approving: of the same, unless otherwise specially provided by ordi¬ nance. 126 REVISED ORDINANCES. SEC. 5. Licenses held subject to ordinances — revocation . Every license, excepting-where otherwise specially provided, shall be taken and held subject to all ordinances and police regulations then existing or afterwards passed, and subject to revocation, in the discretion of the city council, at any time on refunding the price paid for the unexpired term of such license; and on conviction of the person holding any license of a breach of any ordinance of the city regulating the business therein licensed, the city council may, in its discretion, declare such license forfeited, without the repayment above required. The conditions contained in this section shall be made a part of every license issued by the city. Auctioneers. Sec. 6. Unlawful to sell without license . That it shall not be lawful for any person, not a resident of the city of Mendota, to exercise the business or trade of an auctioneer, nor sell or offer for sale by way of public vendue, auction, or outcry, within this city, any goods, wares, merchandise, or other effects whatso¬ ever, of any non-resident person, firm, company, or corporation, without first having obtained a license for that purpose. Any resident of said city, selling by way of public vendue or outcry, any goods, wares, or merchandise, or other effects of any non-resident per¬ son, firm, company, or corporation shall be required to take out a license in accordance with the provisions of this ordinance. Sec. 7. When not required. The prohibition aforesaid shall not extend to any officer or person exe¬ cuting any process or order of any court in this state, selling any property or effects directed by law to be REVISED ORDINANCES. 127 sold by public vendue, auction, or outcry; nor shall the prohibition aforesaid extend to property and effects of any deceased person, when sold by order of the executor or administrator of such deceased person; nor to the property or effects of any bankrupt or insolvent debtor, when sold by order of the assignee. Sec. 8. License fee. Whenever any person may de¬ sire to obtain a license for the purposes above men¬ tioned, he shall pay to thecity clerk,for the use of said city, ten dollars per day or fraction of a day, such person or persons follow such business within said city; said license shall be subject to revocation by the mayor whenever it shall appear to his satisfaction that the party so licensed shall have violated any provision of any ordinance of the city relating to auction or auction sales, and said license shall not be assignable or be transferable without the permission of the city council. Sec. 9. Penalty for violating' ordinances. Who¬ ever shall sell or attempt to sell, at public auction within the city of Mendota, any goods, chattels or personal property of any non-resident, firm, company, or corporation as aforesaid, without first having obtained a license, as above required; or whoever shall violate any other provision of this chapter, or shall in any particular wilfully fail or refuse to comply with anv of its terms, conditions or requirements, shall be fined not less than ten dollars nor more than fifty dollars. Sec. 10. Deceiving bidders — penalty. Whoever shall exhibit and offer for sale at auction any article and induce its purchase by any bidder, and shall after¬ wards secretly substitute any other article for the one so exhibited, with intent to deceive and defraud such bidder; or whoever shall, while engaged in or about the making of any auction sale, be guilty of any device, 128 REVISED ORDINANCES. trick, or fraudulent practice with intent thereby to de¬ fraud any bidder, shall be fined fifty dollars, and the license of such person shall be deemed to be forfeited. Sec. 11. Auction defined. All sales of property within the city of Mendota, by public outcry to the highest bidder, as well as the public offer of property at a price beyond its value, then lowering the price, or increasing the number of articles till someone ac¬ cept the property offered as a purchase, shall he held and deemed a selling at auction within the meaning of this section. Shows and Exhibitions. Sec. 12. Shores, exhibitions , etc ., to be licensed —penalty . No circus, menagerie, caravan, opera, theater, concert, minstrel performance, panorama, natural or artificial curiosity,exhibition, show, skating rink, entertainment, or amusement of any kind what¬ soever, for the witnessing of which an admission fee is charged (except the same is given under the auspices and for the benefit of some home church or charitable purpose) shall be given, exhibited, or performed within the city of Mendota without a license therefor being first taken out by the person or persons owning, man¬ aging, or exhibiting the same, under a penalty not exceeding one hundred dollars for each offense. Sec. 13. License fees. The charge for licenses under this division shall be as follows : For a license for an exhibition of a circus, the sum of not less than five dollars nor more than twenty-five dollars shall be charged and paid for each day. For a license for an exhibition of a caravan, menagerie, or a collection of animals, not less than five dollars, and not more than twenty-fiye dollars shall be charged and paid for each REVISED ORDINANCES. 129 day. For a license for the exhibition of a combined circus and menagerie, the sum of twenty-five dollars shall be charged and paid for each day. For a license for a concert, theater, entertainment, or any hall show, one night, three dollars ; two nights, five dollars ; three nights, seven dollars ; one week, twelve dollars: Provided , however, that the owner, lessee, or manager of any theater, hall, or other place for the giving of entertainment, may, upon the payment of thirty dol¬ lars, in payments of fifteen dollars semi-annually, in advance, procure a license which will entitle him or them to the privilege of giving or permitting others to give in such theater, hall or other place, any and all entertainments sanctioned by the provisions of this ordinance, for the period of one year; and said thirty dollars shall be received in lieu of any and all license fees for such entertainments. Sec. 14. Additional provisions for fees , Fvery other show or exhibition requiring a license, the amount whereof is not fixed in Section 13 of this ordinance, shall be charged at the rate of three dollars per day, or twelve dollars per week. Billiard , Pool Tables , and Bowling Alleys. Sec. 15. Billiard tables , pool tables , and bowl¬ ing * alleys must be licensed — penalty. No person shall keep, within the city of Mendota, any ten-pin or bowling alley, billiard, or pool tables, to be used or played upon by others, for hire or gain, without first having obtained a license therefor, under a penalty of twenty dollars for each offense. Sec. 16. License fee. The charges for licenses issued under this division shall be as follows: For a license to keep a nine or ten-pin alley or bowling alley, 130 REVISED ORDINANCES. of any description, the sum of twenty dollars a year shall be charged and paid for each alley in advance. The sum of ten dollars for the first billiard or pool table and five dollars for each additional table. Sec. 17. Must be closed on Sundays —time of closing\ All billiard rooms, billiard halls, pool rooms, and bowling alleys within the city of Mendota, shall be kept closed on Sunday; they shall be closed by eleven o'clock on the evening of each day, and be kept closed until five o’clock in the morning of the day following. Any person yiolating this section shall be fined in a sum not less than ten dollars nor more than fifty dollars for each offense. Sec. 18. Minors not allowed to play —penalty . No keeper of any billiard hall, pool room, or bowling alley within said city, shall permit any minor to plav at any game upon any table or alley kept by him, nor shall he permit anv minor to frequent his place of business, or to loiter or remain therein,unless upon the written consent or permission of the parent or guard¬ ian of such person, and for every violation of any pro¬ vision of this section, the person violating the same shall be fined not less than three nor more than twenty- five dollars for each offense. Hawkers and Peddlers. Sec 19. License required No person shall sell or attempt to sell or offer for sale any goods wares, or mer¬ chandise, or any article or thing of value by peddling, hawking, or public outcry, within the city of Mendota, without first having obtained a license therefor, under a penalty of not less than five dollars nore more than one hundred dollars for each offense: Provided , that this section shall not apply to farmers or gardeners REVISED ORDINANCES. 131 bringing; into the city and selling the produce of their farms or gardens, nor to the peddling of fruit or vege¬ tables from a basket, nor to the peddling of news¬ papers. Sec. 20 Requisites of application. 12 very applica¬ tion for a peddler’s license shall state definitely the article or articles to be sold and the proposed manner of selling, and the person licensed shall be limited to the articles and mode of sale stated in his or her appli¬ cation, and shall be protected no further by his or her license. Sec. 21. License fees. Licenses issued unde* - this division shall be charged for at the following rates: Lvery person desiring to hawk or peddle as aforesaid, who shall be traveling on foot, shall pay to the city clerk, for the use of said city, the sum of two dollars for every day or part thereof he or she shall hawk or peddle; every person traveling with one horse or other beast, shall pay the sum of three dollars for every day or part thereof he or she shall hawk or peddle; every person traveling in any vehicle drawn by two or more horses or other beasts,shall pay the sum of five dollars for every day or part thereof he or she shall hawk or peddle. Itinerant and Transient Merchants. SEC. 22. License required. No itinerant mer¬ chant or transient vendor of merchandise shall pursue his calling or shall be permitted to sell, barter, or ex¬ change any article of merchandise or thing whatever, without first having obtained a license so to do, under a penalty of not less than twenty-five dollars nor more than two hundred dollars for each offense. Sec. 23. License fee. Itinerant merchants and transient vendors of merchandise, shall pay a license 132 REVISED ORDINANCES. fee of not less than five dollars and not more than twen¬ ty-five dollars per day for each day or fraction of a day that he, she, or they shall carry on business within the city of Mendota: Provided , that nothing- herein con¬ tained shall authorize itinerant merchants or transient vendors of merchandise to sell goods or merchandise, at auction, without first having- obtained an auction¬ eer’s license therefor. ' Shooting Galleries. Sec. 24. License required. No person shall own, keep, or run any shooting- gallery or place for targ-et shooting- within the city of Mendota, without first ob¬ taining- a license therefor, under a penalty of fifty dol¬ lars for each offense. Sec. 25. License fee. The rate of license for shooting- galleries and places for target shooting shall be for one year, fifty dollars; and fora shorter period the sum of one dollar per day for the number of days covered by the license. Sec. 26. What license authorizes. No license shall authorize the firing of any guti or fire-arm within the city, in contravention of any ordinance of the city, nor shall it authorize the establishment or keeping of any shooting gallery or place for target practice in any alley of the city, or in and upon any unenclosed place, nor shall any such gallery or place for target practice be kept in any alley or unenclosed place within the city under a penalty of fifty dollars for each offense. Hacks and Omnibuses. Sec. 27. License required That no person not a resident of the city of Mendota shall hire out, or keep, or caused to be kept or used for hire, in the REVISED ORDINANCES. 133 transportation, carriage or conveyance of persons, any hackney carriage, coach, omnibus, or other vehicle, without a license for that purpose first obtained. Sec. 27. Application for license Every non¬ resident person wishing to keep an} 7 such hackney car¬ riage, coach, omnibus, or other vehicle, for the purpose aforesaid, shall make application to the city clerk for a license to use the same, and such license shall be granted to any such person miking application for the same upon the payment of the license fee herein¬ after specified. Sec. 29. License, fee. Every person applying for a license for the purposes aforesaid, shall pay to the city of Mendota the sum of five dollars per week for each hackney carriage, coach, omnibus or other vehicle: Provided , however, that no license shall be issued for less than one week. Sec. 30. Penalty for violating ordinance. Any non-resident person who shall, by himself, agent or employe, hire out, or cause to be kept for hire, any hackney carriage, coach, omnibus or other vehicle, without first obtaining a license as aforesaid, shall forfeit and pay to the city of Mendota a fine of not less than five dollars nor more than one hundred dollars for each offense. Bill Posters. Sec. 31. License required—penalty It shall be unlawful for any person, within the limits of the city of Mendota, to carry on the business of bill posting, or to keep, or carry for distribution along, or upon the streets, public grounds or sidewalks of said city, ad¬ vertisements or handbills, unless such persons shall first obtain a license to do so as hereinafter provided, 134 REVISED ORDINANCES. under a penalty of not less than one dollar nor more than ten dollars. Sec. 32. Application—fee . Any person desiring- a license as aforesaid, shall file his application, in writing-, with the city clerk, and shall pay said clerk a license fee of fifteen dollars per year, or a propor¬ tionate sum for an} T stated period: Provided , how¬ ever, that no such license shall be issued for a less sum than three dollars. Sec. 33. 'Mayor may grant license. Upon com¬ pliance with the foreg-oing- provisions, the mayor may, in his discretion, issue to such applicant a license to carry on the said business of bill posting-. Sec. 34. Expiration of license — revocation. Such license shall expire not later than the first day of May following- the granting- thereof, and may be revoked by the mayor or city council at any time ; but unless such revocation shall be made on account of the failure of the holder thereof to observe the city ordinances, a ratable portion of the fee paid therefor shall be refunded to said holder. REVISED ORDINANCES. 135 Section Section CHAPTER XXI. MISDEMEANORS. ARTICLE I Offenses affecting public peace and quiet. 1. Assault, challenge, affray—penalty. 2. Disturbing peace—disorderly conduct—penalty. 3. Unlawful assemblages—penalty. 4. Unlawful assemblages on private premises. 5. Disturbing lawful assemblages. 6. Disturbing places of amusement—elections. 7. Disturbing funeral processions. 8. Resisting officer—assisting to escape 9. Boys loitering about streets, hotels, etc —penalty. 10. Carrying concealed weapons. 11. Intoxication. 12. Congregating on the streets, etc , prohibited. 13. Congregating upon streets—refusal to disperse. ARTICLE II. Offenses affecting 'public safety (end convenience. 1. Fast driving. 2. Leaving animals unfastened. 3. Teams passing on the streets. 4. Riding or driving on sidewalk or lawn. 5. Hanging of signs. 6. Obstructing street crossings. 7. Discharging firearms. 8. Selling poisons—regulations. 9. Playing ball—flying kites in streets. 10. Frightening teams—obstructing sidewalks. 11. Dangerous places guarded 12. Playing about railroad tracks—jumping on trains. 13. Throwing water prohibited. 14. Throwing of stones prohibited. 15. Driving unruly animals prohibited. 136 REVISED ORDINANCES. Section Section Section ARTICLE III. Offenses against public murals and decency. 1. Indecent exposure—lewd acts—penalty. 2. Indecent exhibition of stallions, etc. 3. Exhibiting- and selling obscene publications. 4. Exhibit indecent play, etc.—penalty. 5. Keeping gambling house. 6. Gambling devices prohibited. 7. Frequenting gambling houses. 8. Lottery prohibited. 9. Gaming defined. IT Keeping bawdy house. 11. Allowing premises to be used for bawdy house. 12. Inmates—frequenter of bawdy house. 13. Enticing females and minors to visit bawdy houses. article iv. Offenses concerning property. 1. Destroying property—penalty. 2. Injuring trees. 3. Trespassing on school property. 4. Trespassing on public parks. 5. Defacing property. 6. Defacing posters, etc. 7. Climbing telegraph poles. 8. Hitching to trees and fences. , 9. Removing corner stones. 10. Injuring property—penalty. 11. Not to deface city property. 12. Not to use city property for advertising. ARTICLE V. Offenses relating to Sunday. 1. Disturbances on Sunday. 2. Engaging in sport on Sunday 3. Places of amusement closed on Sunday. REVISED ORDINANCES. 137 ARTICEE VI. Vagrants and paupers. Section 1 . Not to be allowed on streets. ARTICLE I. Offenses affecting public peace and quiet. Be it ordained by the City Council of the City of Mendota: Section 1. Assault, challenge, affray — penally. Whoever shall assault, strike,or fight another,or shall challenge or offer to fight another, or shall be guilty of any affray, or any conduct calculated to provoke a breach of the peace, shall be subject fo a penalty of not less than three dollars nor more than one hundred dollars. Sec. 2. Disturbing peace—disorderly conduct — profane language — penalty. Whoever shall disturb the peace and quiet of the city, or of an 3 7 private family, or of any citizen, or shall be guilty of any violent, tumultuous, offensive, or disorderly conduct, or shall make any loud or unusual noise or disturbance, or shall use any obscene, profane, vulgar, offensive,or unseemly language, shall be subject to a penalty not exceeding one hundred dollars for each offense. Sec. 3. Unlawful assemblages—penalty Any two or more persons who shall, within the city,assemble together for any unlawful purpose, or who, being assembled, shall act in concert to do an unlawful act, with force and violence, against the property of the city, or the person or property of another, or against the peace or to the terror of citizens or other persons, or who shall make any movement or 138 REVISED ORDINANCES. preparation therefor, shall be severally subject to a fine of not exceeding- one hundred dollars for each offense. Sec. 4. Unlawful assemblages on 'privatepremises. Whoever shall knowingly suffer or permit any assem¬ blage for the purpose of committing any unlawful act or breach of the peace, or any riotous, offensive,or dis¬ orderly conduct in or upon premises owned by him, or under his control, within said city, shall, on conviction, be fined not exceeding fifty dollars for each offense. Sec. 5. Disturbing lawful assemblages. Who¬ ever shall interrupt or disturb any congregation or assembly met for the purpose, of religious worship, or for any other lawful purpose, or any funeral proces¬ sion or assembly, by making any loud or unusual noise, or bv any rude or indecent behavior, or by profane, obscene, or improper discourse or conduct, shall, on conviction, be fined not exceeding one hundred dollars. Sec. 6 . Disturbing places of amusement — elect¬ ions. Any person who shall conduct himself in a riotous or disorderly manner, or disturb the peace, at any show or exhibition,theater or other place of amuse¬ ment, or at any election poll in said city, shall, on con¬ viction, be fined not exceeding twenty-five dollars for each offense. Sec. 7, Disturbing funeral processions . Who¬ ever shall wilfully interrupt or disturb any funeral procession or assembly,shall, on conviction, be fined not exceeding one hundred dollars for each offense. Sec. 8. Resisting officer—assisting to escape. Whoever shall resist or obstruct any member of the police force in the discharge of his duty, or shall in any way hinder or prevent him from the discharge of his duty, or shall endeavor to do so, and whoever shall in REVISED ORDINANCES. 139 any manner assist any person in the custody of any member of the police force to escape or attempt to es¬ cape from such custody, shall be fined in a sum not ex¬ ceeding- one hundred dollars for each offense. Sec. 9. Boys loitering' about streets , hotels , 6l.c. Any two or more boys who shall, in the nig-ht time, be found loitering or strolling about the streets, or in the vicinity of any hotel, theater, railroad depot, church, or other public place, and refuse to disperse and go to their respective homes when requested to do so by any member ot the police force, or by any person annoyed thereby, shall, upon conviction, be severally fined not less than one dollar nor exceeding ten dollars. Sec. 10. Carrying concealed weapons. Whoever shall, within said city, wear or carry concealed about his person’ any pistol, revolver, slung-shot, metallic knuckles, bowie-knife, dirk, razor, or other dangerous or deadly weapon, or whoever shall display or flourish any such weapon in a boisterous or threatening man¬ ner, shall, on conviction, be fined not exceeding one hundred dollars for each offense: Provided\ that the provisions of this section shall not be held to apply to any policeman, constable,or other peace officer while in the discharge of his duty, nor to any person summoned by any officer to aid him in making an arrest or pre¬ serving the peace. Sec. 11. Intoxication , Any intoxicated person found in any street, highway, or other public place or so found disturbing the peace of the public, or of his own, or any other family in any private building or place in the city of Mendota, shall, for the first offense be fined not more than five dollars and upon any sub¬ sequent conviction shall be fined not exceeding twenty- five dollars. Prosecutions under this section shall be 140 REVISED ORDINANCES. commenced within thirty days after the offense is com¬ mitted, and the Justice of the Peace or Police Magis¬ trate may remit the punishment, in whole or in part, when he is satisfied the public welfare and the good of the offender require it. Sec. 12. Congregating on streets , etc , prohibited. It shall be unlawful for any two or more persons, to congregate on any street, alley, or sidewalk,or in barns, sheds, stair-ways, hall-ways, or vacant buildings, and engage in singing, preaching, praying, exhorting or loud talking, drinking malt, vinous, spirituous or other intoxicating liquors, to the disturbance of any citizen or family, and to the obstruction, or blockading of any street, alley,or sidewalk; and all persons so offending shall severally be liable to a fine not exceeding twenty- five dollars for each offense. Sec 13. Persons congregating upon streets — re¬ fusal to disperse. Any two or more persons who shall, either in the day-time or night-time, be found loitering, standing, or congregated upon any street, alley, or side¬ walk, to the obstruction of such street, alley, or side¬ walk, and who refuse to disperse when requested so to do by any member of the police force, shall, upon con¬ viction, be severally fined not exceeding twenty dollars for each offense. article ii. Offenses Concerning Public Safety and Convenience. Section 1. Past driving\ Whoever shall pur¬ posely, heedlessly, rapidly or immoderately ride or drive any horse, mule, cattle, or any other animal, or any team, in such a manner as to be dangerous to per¬ sons or property in the city, may be stopped by any REVISED ORDINANCES. 141 person, and shall be stopped by the city marshal or any police officer, and shall be subject to a penalty of not les than three dollars nor more than fifty dollars in each case. Sec. 2. Leaving ■ animals unfastened . Whoever shall leave any horse or mule, or any team in any street or any other unenclosed or public place, without first making’ such animal or team fast and secure with suffi¬ cient halter, rope, or chain, or by placing - the lines or reins attached to such animal or team in the hands of some other person, so as to prevent its running- away, shall be subject to a penalty of not less than three dol¬ lars nor more than twenty-five dollars for each offense. Sec. 3. Teams passing on streets. All persons meeting- each other in vehicles in the streets or alleys, or in any public place, or upon or near any bridge, shall (unless the nature or state of the road or passway shall render it impracticable) each seasonably turn and drive to the right of the center of the road, street, alley, or passway, so as to pass each other without accident or injury. Whoever shall violate the require¬ ments of this section shall be subject to a penalty of not less than three dollars nor more than twenty-five dollars for each offense, and shall be liable for all da¬ mages that may accrue from collision. SEC. 4. Riding or driving on sidewalk or lawn. Whoever shall ride or drive any horse, mule, or any cattle or like animal, or any carriage, wagon, cart, or other vehicle, for pleasure or burthen, on or across any sidewalk or lawn, where there is no regular approach to the same, shall be fined in any sum not less than three dollars nor more than twenty dollars for each offense. And it shall be the duty of the owner or occupant of any premises or 142 REVISED ORDINANCES. lot to construct good and sufficient approaches to the sidewalk, where the same is necessarily crossed in gaining access to such premises or lot by any private entrance. Sec. 5. Ha)iggi}ig- of signs. No sign shall pro¬ ject from any store or other building into or over any sidewalk or street, unless elevated at least eight feet aboye the same ; nor shall any cellar door rise or pro¬ ject above the surface of the sidewalk, under a penalty of not less than three dollars nor more then ten dol¬ lars, for each offense, and a like penalty for every day such violation shall continue, after notice from the marshal or superintendent of streets to remove the same. SEC. 6. Obstructing- street crossings. Whoever shall stop any horse, mule, cattle, or other animals, or any carriage, wagon, cart, or other yehicle, for pleasure or burthen, on any of the crossings of the streets in the city, so as to inconvenience persons cross¬ ing the same, or shall, in any other manner, obstruct any crossing, except so far as may be necessary in passing over or across the same, shall be subject to a penalty of not less than three dollars not more than ten dollars in each case. Sec. 7. Discharging- of fire-arms. Whoever shall, in an inhabited part of the city, fire or discharge any cannon, anyil, gun, pistol, or other fire-arm, or shall set off, fire, or explode any torpedo, fire cracker, fire-ball, rocket, or other fire-works whatever, or shall make or kindle any bonfire, shall be subject to a pen¬ alty of not less than three nor more than one hundred dollars: Provided, the discharge of firearms, the set¬ ting off or exploding of fire-works, and the making of bonfires upon national holidays and in the celebration REVISED ORDINANCES. 143 of other public and general events, or the discharge of blank cartridges by any military company when oil parade and in command of the commanding officer, or the discharge of fire-arms by any city officer or other person in the discharge of any legal duty when the same is done in such manner as not to endanger the safety of any person or injure any property, shall not be deemed violations hereof. Sec. 8 . Selling of poisons—regulation. Whoever shall sell or deliver any poison known or used as deadly poison, without legibly marking the name thereof and the word “poison” upon the phial, wrapper, or other enclosure or package containing the same; or whoever shall sell or deliver any arsenic, strychnine, prussic acid, or other poison, usually known or used as deadly poison, to any person without registering the name of such person and the kind and quantity of the poison sold or delivered and the purpose for which the same was obtai ned ;o r whoever shall sell or deliver any such poison to him unknown, shall be subject to a fine not exceeding twenty-five dollars. But the sale of any such poisons as medicine upon the prescription of practicing physicion shall not be deemed a violation of the section. Sec. 9. Playing" ball—Flying kites in streets* No person shall play at ball or raise or fly any kite in any part of said city devoted to business purposes, under a penalty of not less than one dollar nor more than twenty dollars for each offense. Sec. 10. Frightening teams—obstructing sitie- zualks. No person shall engage in any game, sport, or amusement, or exhibit any animal or machine, or do anything else in the streets or upon the. sidewalks of the city which shall have a tendency to i’righten horses 144 REVISED ORDINANCES. or interfere with teams and vehicles or persons passing along- the streets and sidewalks, under a penalty of not less than one dollar nor more than twenty dollars for each offense. Sec. 11. Dangerous places guarded. Whoever shall leave open any cellar door, vault, well, cistern, excavation, ditch, or other like hole, upon or adjoining any street, alley, or sidewalk, without securing or pro¬ tecting the same so as to prevent the danger of persons or animals from falling therein, shall be subject to a penalty of not less than thiee dollars. Sec. 12. Playing about railroad tracks—jumping on trains. It shall be unlawful for any boy or other person to play upon or about any railroad track,depot, locomotive, or car within said city; or climb upon or jump from any car or train of cars, or from one car to another, or to climb or jump upon the same, while the same may be in motion; and every boy or other person violating any proyision of this section shall, upon con¬ viction, be fined not less than three dollars nor more than twenty dollars for each offense. Sec. 13. Throzuing water prohibited. Whoever shall wilfully turn a stream of water from any fire hose or hydrant upon any person, or upon any private premises, on the occasion of any exhibition or tournament or otherwise except in case of a fire, shall be liable to a fine of not less than three nor more than twenty-five dollars for each offense. Sec. 14. Throzuing of stones , etc. No boy or other person shall purposely or heedlessly castor throw any stone, brick, or other missile, from or into any street, or public place, or at, against, or into any building, or against any shade tree or other property, or shall climb upon or walk upon the top or capping of REVISED ORDINANCES. 145 any fence or railing;, or into any shade or ornamental tree upon any sidewalk or elsewhere, without the con¬ sent of the owner or occupant thereof, or shall in any wise injure or deface any building, fence, or shade tree, or shall meddle with or injure any public well, cistern, hydrant, or pump,within said city, under a penalty, in each case, of not less than three dollars nor more than ten dollars. Sec. 15. Driving- unruly animals prohibited . No person or persons shall drive, or cause to be driven,any vicious,ugly, excited,or unruly cow, steer,bull, or other vicious,ugly, or unruly animal upon or along any street within the city of Mendota. Any person violating this section shall be fined not exceeding two hundred dol¬ lars for each offense. ARTICLE HI. Offences against Public Morals and Decency. SECTION 1. Indecent exposure — lewd act — penal¬ ty. Whoever shall, in said city, make any inde¬ cent exposure of his or her person, or shall appear in any public place exposed to public view, in a dress not belonging to his or her sex, or in an indecent or lewd dress, or in a state of nudity, or shall be guilty of any other indecent or lewd act, shall, upon conviction, be fined not exeeding two hundred dollars for each offense. Sec. 2. Indecent exhibit of stallions, jackasses, etc. — penalty . Whoever shall, in any public place or places, open to the public view, within the city, write or draw, cut or make, print or paste, any lewd or in¬ decent word, sentence, design, figure, bill, or poster, or whoever shall indecently exhibit any stallion, bull, jackass,or other animal, except in an enclosed place out 146 REVISED ORDINANCES. of public view, shall,in either case, be subject to a fine of not less than five dollars nor more than fifty dollars. Sec. 3. Exhibiting' and selling obscene publica¬ tions. Any person who shall bring* or cause to be brought into said city, for the sale or exhibition, or shall keep, sell, offer, or expose for sale, or in any way circulate or distribute any obscene or indecent publi¬ cation, book, pamphlet, paper, print, picture, illustra¬ tion, model, cast, or an) instrument or article of in¬ decent or immoral use, or shall advertise the same for sale or exhibition, shall, on conviction be fined not less than ten dollars, nor more than one hundred dol¬ lars. Sec. 4. Exhibit indecent play , etc.—penalty . Whoever shall exhibit or perform, or assist in exhibit¬ ing or performing, or assist in exhibiting or performing in said city, any obscene, indecent or lewd play or other representation, or shall knowingly permit the same to be exhibited or performed in any building or hall owned or controlled by him, shall, in each case, be subject to a fine of not less than twenty dollars nor more than two hundred dollars. Sec. 5. Keeping gambling house, Whoever shall, within said city, set up, keep, maintain, or support any gambling house or room, or place used for the practice of gaming or playing for money or property, or shall knowingly permit any building or premises owned or controlled by him to be used for any such purpose; or whoever shall keep or use, or permit to be kept or used in any building or place occupied, controlled, or owned by such person, any keno or faro table, wheel of for¬ tune, roulette, shuffle board, cards, or other instrument or device commonly used for the purpose of gaming,or whoever shall keep or have in his possession any such REVISED ORDINANCES. 147 gaming- instruments or devices for the purpose of gam¬ ing therewith, shall, upon conviction, be fined not less than one hundred dollars nor more than two hundred dollars for each offense. Sec. 6 . Gambling * devices prohibited. No per¬ son shall set up or expose in any of the streets, ave¬ nues,or other public places within the limits of the city, any table or device of any kind upon or by which any game of chance or hazard can be played, or shall play at or upon any such table, or device, under a penalty of not exceeding two hundred dollars for each offense. Sec. 7. Frequenting gambling houses — gambling . Whoever shall be an inmate of any gaming -house or room, or place used for the purpose of gaming within said city, or shall be in any way connected therewith, or shall frequent or visit the same, or be found therein; or whosoever shall, within said city, play for any money or other valuable thing at any game with cards, dice, billiards,or any other instrument or device whatsoever; or whoever shall bet on any such game when played by others, shall, upon conviction, be fined not less than ten dollars nor more than one hundred dollars for each of¬ fense. Sec. 8. Lottery prohibited , Whoever shall, within said city, set up, run or maintain any lottery, or shall sell or Dispose of for gain any ticket, chance, or share in any lottery, or shall sell or attempt to dis¬ pose of any article of property dependent upon any chance by dice, lot, tickets, numbers or other fraudu¬ lent device, or shall propose or be in any way connected with any such lottery or game of chance; or whoever shall knowingly permit any such lottery business or enterprise to be carried on in any building or premises owned or controlled by him, shall, on conviction, be 148 REVISED ORDINANCES. fined not less than ten dollars nor more than one hun¬ dred dollars for each offense. Sec. 9. Gaming defined. Each and every sale or purchase wherein any part of the articles or thing’s received, or to be received, either as to quantity or value, shall in any manner depend upon any chance or hazard, whether by means of checks, cards, envelopes, tickets, numbers, dice, or by any means whatever, is hereby declared to be gaming’ within the meaning of the provisions hereof, and as such to be unlawful. Any person so selling or disposing of any article or thing of value within said city, shall be liable to a fine of not less than three dollars nor more than twenty-five dollars for each offense. Sec. 10. Keeping' bawdy-house. Whoever shall, within said city, or within three miles of the outer boun¬ daries thereof, keep or maintain, directly or indirectly, any bawdy or disorderly house, house of ill-fame, of assignation, or place for the practice of fornication or adultery, shall, upon conviction, be fined in any sum not exceeding two hundred dollars for each offense, and be subject to a further fine in like sum for every forty- eight hours after the first conviction that such house shall be continued or maintained. Sec. 11. Allowingpremises to be used'for bawdy- house. Whoever shall, within said city, or within three miles of the limits thereof, knowingly lease, let,or per¬ mit any building or premises, owned by him or under his control, to be used in whole or in part as a house of ill-fame,or house of assignation,or place for the practice of fornication or adultery, shall be subject to a fine not exceeding two hundred dollars, and to a further fine in like sum for every forty-eight hours after the first conviction that he shall continue to violate this section. REVISED ORDINANCES. 149 Sec. 12 Inmates—frequenter of hazedy-house. Whoever shall be an inmate or occupant of, or shall visit or frequent, or be found in any bawdy-house, house of ill-fame or of assignation, or place used for the prac¬ tice of fornication or adultery, within said city, or withm three miles of the limits thereof, shall, on con¬ viction, be fined not exceeding’ two hundred dollars for each offense. Sec. 13. Enticing females and minors to visit lazcdy /louses. Whoever, shall, within said city, or within three miles of the limits thereof, entice, influence or persuade any female to enter or frequent any bawdy- house, house of ill-fame or of assigmation, or place used for the practice of fornication or adultery; or whoever shall induce any minor to enter, visit, or frequent, or shall allow or permit any minor to remain in such house or place, shall, for each offense, be subject to a fine not exceeding - two hundred dollars. ARTICEE IV. Offenses Concerning Property. Section. 1. Destroying"property — penalty. Who¬ ever shall wilfully, maliciously, or negligently break, deface, injure or destroy any property of the state, county or city, or the property of any private person or corporation, shall be subject to a fine of not less than five dollars nor more than one hundred dollars for each offense,and shall also be liable for the cost of repairing - the injuries committed which may be recovered by a separate suit. Sec. 2. Injuring Trees. Any person not being - the owner who shall within said city, cut injure, re¬ move, or destroy any fruit, ornamental, or shade tree, 150 REVISED ORDINANCES. or the boxing around the same, or any fence, railing’, gate, post, or sig*n, upon any public ground, lawn, side¬ walk,or private premises, or who shall enter any priv¬ ate premises against the consent of the owner or occu¬ pant thereof, or who shall trespass upon any private premises or public grounds, or injure, take away,or de¬ stroy any tree, shrub, fruit, plant, vegetable, or other thing which may be therein for ornament or utility, shall on conviction be fined not exceeding fifty dollars for each and every offense. Sec. 3. Trespassing ■ on School property. No person shall go upon, into, pass through, or over any property used for school purposes, within said city, un¬ der a penalty of not less than one dollar nor more than fifty dollars: Provided that this section shall not be con¬ strued as to apply to children while attending school, teachers, janitors, and other persons as may go upon said property to visit said school, or be on or in said school property for any legitimate purpose. Sec. 4. Trespassing on Public Parks. If any person shall walk, stand,or lie upon any part of the en¬ closed public squares or grounds of this cit} T , laid out and appropriated for shrubbery or grass, or shall pull up, break down, or otherwise injure or destroy any of the trees, grass, shrubbery, fences, or other fixtures or things, in or about or appertaining to any such public squares or grounds, every person so offending shall be fined not less than three nor more than twenty dollars for each and every such offense; and if any person shall erect any booth or other structure on any such public square or grounds, without the special permission of the mayor, such person shall be fined not less than three nor more than twenty dollars for each and every offense. REVISED ORDINANCES. 151 SEC. 5. Defacing'property. Whoever shall, with¬ out the consent of the owner or occupant of the premises, post, put up, stick, or place any hand bill, placard, show bill.or notice, upon any building* or fence,or shall cut, mark, scratch, deface, or otherwise injure any fence, gate,or railing - , or any part of any building - , shall be fined not less than three dollars nor more than ten dollars for each offense: Provided , that this section shall not apply to any officer of the city or member of the sanitary committee who may, under any ordinance of the city, put or post up a small-pox notice or notice of any contagious or infectious disease. Sec. 6. Defacing poster, etc. No person or per¬ sons shall cover, mutilate, deface, tear down, destroy, or injure in any manner anv poster, bill, or advertise¬ ment lawfully upon any bill board or other place with¬ in the city within ten days after the same may have been posted, nor until after the expiration of the date where the same are dated, under a penalty of not less than three dollars nor more than ten dollars. Sec. 7. Climbing telegraph poles, etc. Whoever shall, in said city, climb upon any street-lamp post, telegraph, telephone, or electric light pole, or shall hang or place upon or against the same any goods, boxes, fuel or other material, shall, for each offense, be subject to a fine of not less than two dollars nor more than ten dollars. Sec. 8. Hitching to fences and trees. Whoever shall fasten any horse, mule, or other animal to any fence or shade tree, or to the boxing placed around any shade tree, upon or adjoining any street, avenue, or thoroughfare in said city, without the consent of the owner or occupant of the adjacent premises, shall be subject to a fine of not less than two dollars nor more than ten dollars. 152 REVISED ORDINANCES. Sec 9. Removing • corner stones. Any person who shall wilfully or heedlessly change, remove, or de¬ stroy any stone, stake, or post, set or*placed to mark the corner of any lot or parcel of ground, street or alley,or to show the grade of any street, alley,or side¬ walk of the city, shall, on conviction, be fined not less than five dollars nor more than fifty dollars for each offense. Sec. 10. Not to deface city property. No person or minor shall cut, mar, deface, destroy, injure, or in¬ terfere with any electric light, or lamp, pole, post, rope or wire, dynamo, engine, or machinery belonging to the city of Mendota, under a penalty of not less than five dollars nor more than one hundred dollars for each offense. Sec. 11. Not to use city property for advertising *. No person or minor shall post, paste, nail, tack, tie,or otherwise fasten or attach any bill, poster, advertise¬ ment, sign,or notice of any kind against, to,or upon any pole, post, wire, or rope, or other machinery used by said city in connection with its street lighting appara¬ tus, or otherwise, under a penalty of not less than three nor more than fifty dollars for each offense. ARTICRE v. Offenses relating to Sunday. Section. 1. Disturbance on Sunday. Whoever shall disturb the peace or shall purposely or heedlessly interrupt or annoy any congregation met for religious worship, or any lawful assemblies within the city of Mendota, shall, for each offense, be subject to a fine not exceeding twenty-five dollars. REVISED ORDINANCES. 153 Sec. 2. Engaging in sports on Sunday. No boy or other person shall, on Sunday, engage in or pursue any exercise, game, or sport, calculated to disturb the peace and quiet of any citizen, or of any family, within said city, under a penalty of not exceeding five dollars. Sec. 3. Places of amusement dosed on Sunday. Whoever shall, on Sunday, keep open any billiard room, ball or pin alley, base-ball grounds, or other places of amusement within said city, or shall suffer or permit persons to assemble therein for the purpose of play or amusement, shall, for each offense, be sub¬ ject to a fine of not less than ten dollars nor more than fifty dollars. ARTICLE vi. Vagrants and paupers . Section 1. Not to be allowed on the streets. Any person able to work and maintain himself or herself in some legitimate and respectable calling, not having visible means of support, who shall live idly without employment, or loiter or stroll about the city, begging, or frequenting gaming houses, disorderly or bawdy houses or drinking saloons, or shall otherwise lead an idle or profligate life; or any person who shall have in his possession any instrument or tool used for counter¬ feiting, or for the commission of burglary, or for picking locks or pockets, or other implement or device used by cheats and swindlers,. without being able to give a good and satisfactory account of his possession of the same; or who shall trespass upon private prem¬ ises in the night-time, or habitually sleep in out-houses, stables, lumber yards, or in railroad cars, without being able to give a satisfactory acconnt of himself; 154 REVISED ORDINANCES. and all habitual night-walkers, or persons loitering or strolling about the streets or alleys of said city at late or unusual hours of the night, shall be deemed va¬ grants, and, upon conviction thereof, shall be fined in any sum not less than five dollars nor more than one hundred dollars, or imprisoned in the city prison not exceeding six months. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21 . 22 . 23 . CHAPTER XXII. NUISANCES. When stable, pen, etc., become a nuisance—penalty. When manure, etc., become a nuisance—penalty. When cellar, vault, etc , become a nuisance—penalty. Privies—manner of construction—penalty. When privy becomes a nuisance—penalty. Cleaning privy vault—penalty. Obstruction in water-courses, streams, etc.—penalty. Depositing- offensive matter on adjacent lots or streets —penalty. Depositing- offensive matter, slops, etc , nuisance— penalty. Depositing dead animals in city—penalty. Removal of dead animal out of city—penalty. Casting filth in well or cistern—penalty. Slaughter-houses etc., becoming offensive a nuisance. Obstructing streets, etc., a nuisance—penalty. Excavations in streets, etc,, a nuisance—penalty. Unsafe scaffold a nuisance—penalty. Obstructing streets, etc.,by signs,awnings,etc—penalty. Unsafe coal vault a nuisance—penalty. Unsafe buildings—penalty. Leaving open cellar door, vault, etc.,—penalty. Posting up ad vertisements without permission—penalty. Bill-board, when a nuisance. Smoke a nuisance—when. REVISED ORDINANCES. 155 Be it ordained by the City Council of the City of Mendota: SECTION 1. When stable, fen, etc., become a nui¬ sance—'penalty. Whoever shall keep, use, or maintain, or cause to be kept, used,or maintained, within the city of Mendota, any stable, pen,yard, lot, place, or premi¬ ses, in which any horses, cattle, hog's, sheep, or other animals or fowls may be confined in such a manner as to be noxious, nauseous, foul,or offensive, or from any cause to be an annoyance to any community, family, or person, shall be deemed guilty of keeping- and main¬ taining- a nuisance, and upon conviction shall be fined in a sum not exceeding- one hundred dollars for each of¬ fense. Sec. 2. When manure etc., become a nuisance — penalty. Whoever shall place or deposit, or who shall suffer to be placed, deposited, or accumulated, on any premises owned or controlled by him, any heap or pile of manure in such manner as to emit noxious, disagree¬ able, or offensive smells to the annoyance or detriment of any person or family, or whoever shall place or de¬ posit, or cause to be placed or deposited, any manure, or the contents of any privy vault, in or upon any pub¬ lic street, alley,or common, or upon or along- the bank of any river or ravine within the city of Mendota, shall be deemed g-uilty of a nuisance, and on conviction shall be fined not exceeding- one hundred dollars for each of¬ fense. Sec. 3. When cellar, vault, etc., becomes a nuisance — penalty. Whoever shall suffer or permit any cellar, vault, drain, pool, privy, sewer, yard, ground,or premi¬ ses belonging to or controlled by him to become, from any cause, noxious, foul, offensive, or injurious to the public health, or unpleasant or disagreeable to adjacent residents or persons, shall be deemed guilty of a 156 REVISED ORDINANCES. nuisance, and, on conviction, be fined not exceeding- one hundred dollars. Sec, 4. Privies—manner of construction — penalty. livery tenement in said city used as a dwelling- house, and every factory or other business building-, shall be furnished by the owner or ag*ent of the same with a suitable privy or water closet. Privies for dwellings shall be sunk in the ground at least four feet deep, and not less than six feet deep for other buildings, and shall be walled up with brick or stone, or curbed with two- inch plank, and shall be constructed so that the out¬ side wall thereof shall be at least three feet distant from the line of every adjoining lot, unless the owner of such adjoining lot shall otherwise agree, and shall be at least five feet distant from any street or avenue; and every owner or agent of any premises who shall violate or fail to comply with any of the provisions of this section shall be deemed guilty of a nuisance, and shall upon conviction thereof, be fined not more than twenty-five dollars, and shall be subject to a further fine of one dollar for each day thereafter he shall fail to remedy said nuisance. Sec. 5. When privy becomes a nuisance — penalty. Whenever any privy or privy vault shall be kept or permitted to remain in such condition as to become offensive or unwholesome to any person or persons in the vicinity thereof, the same shall be deemed a nuis¬ ance; and any owner or occupant of the premises upon which such privy is located, who shall neglect or refuse to abate said nuisance after being notified to do so by the health officer, or any police officer, or by any per¬ son aggrieved thereby, shall, on conviction, be fined not exceeding five dollars, and shall incur a further fine REVISED ORDINANCES. 157 of one dollar for every day thereafter he shall allow such nuisance to continue. Sec 6. Cleaning'privy vault — penalty. No privy or privy vault shall be cleaned or emptied at any other time than between the hours of ten o’clock p. M. and five oclock A. M.; and the contents of such privy or vault shall be carefully covered by earth or removed beyond the city limits. Any person violating the pro¬ visions of this section shall, on conviction thereof, be fined not more than fifty dollars for each offense. Sec. 7. Obstructions in water courses , streams , etc. — penalty. Whoever shall place, erect, or maintain any obstruction in or across any watercourse, stream, brook, or ravine so as to cause water to stand and to stagnate therein, or shall place or deposit therein any noxious or offensive matter, or any stone, earth, straw, hay, manure, dead animal, or other article or substance, or whoever shall, by any means, dam up or obstruct any sewer, drain, or gutter, shall be deemed guilty of keeping and maintaining a nuisance, and, on conviction, shall be fined not more than fifty dollars. Sec. 8. Depositing offensive matter on adjacent premises or street — penalty. Whoever shall cause any nauseous, foul, or putrid liquor or substance, or any liquid or substance likely to become nauseous, foul, offensive,or putrid, to be discharged,placed or thrown, or to flow from or out of any premises into or upon any adjacent premises or any public street or alley, or shall allow or permit the same to be done by any person con¬ nected with the premises under his or her control,shall be deemed guilty of creating a nuisance, and shall be fined not more than one hundred dollars. Sec. 9. Depositing offensive matter , slops , etc ., nuisance — penalty. Whoever shall deposit or place in 158 REVISED ORDINANCES. or upon any premises, public or private, enclosed or common, within said city, any vegetable or animal mat¬ ter or slops, or any filth of a character likely to affect the public health or to produce offensive smells, or shall allow or permit the same to be done by any person con¬ nected with the premises under his or her control,shall be deemed guilty of creating a nuisance, and on con¬ viction shall be fined not more than fifty dollars for each offense. Sec. 10. Depositing dead animals in the city — penalty. No person shall place or deposit, or cause to be placed or deposited, at any place in said city, any dead horse, cow, hog, dog, or the carcass or remains of any animals whatever; and every person violating the provisions of this section shall be deemed guilty of creating a nuisance, and, on conviction, shall forfeit and pay not less than five dollars nor more the one hun¬ dred dollars for every offense, and all expeuse of remov¬ ing and burying the same, which shall be taxed and collected as costs against such person. Sec. 11. Removal of dead animals out of city — penalty. When any dead animal shall be found in said city, it shall be the duty of the person owning such animal, or the person having the management and con¬ trol of the same at the time of its death, or of the person who deposited, or caused the same to be deposited, to remove said animal forthwith beyond the limits of the city and bury the same; and if the owner of such ani¬ mal, or the person having the management or control of the same, or the person who deposited it, on being notified thereof by the city marshal or any policeman or other person, shall, after a reasonable time, refuse or neglect to remove and bury the same as herein re¬ quired, he shall forfeit and pay not less than five nor REVISED ORDINANCES. 159 more than one hundred dollars for every offense, and shall also pay the expense of removing’ and burying' the same, which shall be taxed and collected as costs against such person. Sec. 12. Casting * filth in zvcll or cistern — penalty. Whoever shall throw, cast, or deposit any filth, sub¬ stance, or thing’ of an offensive character in any public or private well or cistern, shall be guilty of creating - a nuisance, and, on conviction, shall be fined not less than five nor more than one hundred dollars. Sec. 13. Slaughter houses, etc., becoming offen¬ sive a nuisance . Whoever shall hereafter erect or set in operation, within said city, or within one mile of the limits thereof, any slaughter establishment, bone fac¬ tory, or establishment for steaming - or rendering - lard, tallow, offal, or other substances; or whoever, within the limits aforesaid, shall conduct or carry on such establishment or business, now established, so that the same shall become foul or offensive, or sh^.11 emit un¬ wholesome or disagreeable smells or oders to such an extent as to be detrimental to the public health, shall be deemed guilty of a nuisance, and, on conviction, shall be fined not exceeding one hundred dollars for each and every offense. Sec. 14. Obstruction of streets, etc. — penalty. All obstructions to streets, alleys, crossings, or sidewalks of the city, and all excavations in or under the same which are by ordinance prohibited, or which may be made without lawful permission, are hereby declared to be nuisances, and the person erecting, keeping, or maintaining any such shall, in addition to any penalty specifically denounced against the same, be subject to a fine of not more than fifty dollars. 160 REVISED ORDINANCES. Sec. 15. Excavations in streets, etc., a nuisance — -penalty. Whoever shall, for any purpose, dig- or make any ditch, drain, excavation, or hole in, across, or under any street, alley, sidewalk or other public place with¬ in said city, and shall not with all reasonable dispatch refill the same and fix such street, alley, sidewalk, or place in as g-ood condition as the same was found; or whoever shall, during- the existence or continuance of any such ditch, drain, excavation, or hole, fail to have the same so watched, g-uarded, and protected as to in¬ sure the safety of all persons who may or mig-ht pass by or near the same, shall be deemed g-uilty of main¬ taining- a nuisance, and on conviction, shall be fined not more than one hundred dollars. Sec. 16. Unsafe scaffold a nuisance — penalty. Whoever shall erect or use, or shall cause or suffer to be erected or used, within said city, any insecure or un¬ safe scaffold, whereby the safety of persons working thereon or passing thereunder may be in any manner endangered, shall be deemed guilty of creating a nuis¬ ance, and, on conviction, shall be fined not more than fifty dollars. Sec. 17. Obstructing'street, die., by sign, awning , die, — penalty. Whoever shall erect, suspend, keep, or maintain any sign, awning, goods, clothing, or other structure, or thing over or across any street or side¬ walk of the city, or any tree or shrub with branches overhanging the same in such manner as to obstruct such sidewalk or street, or render travel thereon in¬ convenient or unsafe; or whoever shall suffer any awn¬ ing, sign, or structure over any street or sidewalk to be out of repair or in an insecure or unsafe condition, shall be deemed guilty of a nuisance, and on conviction shall be fined not exceeding fifty dollars. REVISED ORDINANCES. 161 Sec. 18. Unsafe coal vault a nuisance — penalty. Elver}" coal vault or other excavation beneath any side¬ walk or street of said city, which is so constructed, or so insufficiently covered as to be unsafe or insecure, or to endanger the lives or limbs of persons passing - over or by the same, is hereby declared to be a nuisance, and the person keeping - or maintaining the same shall be fined therefor not more than one hundred dollars. Sec. 19. Unsafe building's — ftmalty. No person shall, within said city, erect or maintain any insecure or unsafe building, stack, wall, chimney, or other structure, which, from its situation, mode of construc¬ tion, or other cause, may be dangerous to persons or property. Any person violating this section shall be deemed guilty of ^maintaining a nuisance, and shall on conviction be fined not exceeding one hundred dollars. Sec. 20. Leaving 1 open cellar door , vault , die .— penalty. Whoever shall keep or leave open, or shall allow or suffer to be left open, any cellar or trap-door, or the grating of any vault in or upon any sidewalk, street, thoroughfare,or passage-way; or whoever shall make, keep, or maintain any uncovered opening in any sidewalk or passage-way, or whoever shall suffer or allow any sidewalk or foot-way, which it is his duty to maintain or repair, to become or continue so broken, uneven, or out of repair, as to endanger life or limb, shall be deemed guilty of maintaining a nuisance, and on conyiction shall be fined not more than one hundred dollars for each offense. Sec 21. Pasting- up advertisements without per¬ mission — penalty. The pasting, sticking, or placing of any advertisement, handbill, placard, or of any printed, pictured, or written matter, or thing whatsoever, upon any house, wall, building, fence, railing, sidewalk or 162 REVISED ORDINANCES. other property, public or private, without permission of the owner or person in charge thereof, is hereby de¬ clared a nuisance, and any person found guilty of so doing, shall be fined not exceeding twenty dollars. Sec. 22. Bill-board—when a nuisance. Whoever shall erect, keep, or maintain any bill-board or board for advertising upon any public ground or place, or upon any private premises, adjacent sidewalk, street, or foot-way, the same being so erected as to occasion danger or inconvenience to the public, shall be deemed guilty of erecting a nuisance, and be fined not exceed¬ ing one hundred dollars. Sec. 23. Smoke , etc., a nuisance - when Any engine, locomotive, or boiler, and any manufacturing establishment, mill, shop, store, or other place, or any chimney, smokestack, or other structure attached to, or used in connection with any of the same, which shall be operated, maintained, carried on, occupied, or used in such a situation,location.or manner within the limits of said city as to be noxious, nauseous, or offensive, or so as to cause physical discomfort to any persons re¬ siding or doing business in the neighborhood, where the same may be, or so as to materially damage property, by means of the emission of dense smoke, soot, cinders, or by any other means whatever, shall be deemed and is hereby declared to be a public nuisance, and every person, company, or corporation, whether as owner, les¬ see, employe,or agent, who shall permit, allow,or cause any such nuisance to exist shall be deemed guilty of maintaining the same and shall be subject to a penaltv not exceeding one hundred dollars for each offense, and to a like penalty for each day such nuisance shall be continued. REVISED ORDINANCES. 163 CHAPTER XXIII. PLUMBERS. Section 1. The licensing- of plumbers. 2. Qualification of plumbers. 3. Bond. 4. Liability of plumbers. 5. Permits--notice to clerk. 6. License fee. 7. Manner in which plumbing is to be done. 8. Material used — how laid. 9. Size of pipes. 10. Penalties. 11. Repeal. Be it ordained by'the City Council of the City of Mendota : Section 1 . Licensing ■ of plumbers . That for the purposes of furnishing - water to applicants and con¬ sumers through the mains and laterals of the Mendota Water Works pipe system, in the city of Mendota, there shall be provided hereby Licensed Plumbers , who shall be authorized and permitted to tap mains and laterals, and extend service pipes from said Water Works pipe system in accordance with the following rules and regulations; and no attachments or plumbing of any character shall be allowed to be done by any person whatsoever, whereby a water supply is ob¬ tained from the Water System of said city of Mendota, except by a licensed plumber under these rules : Sec. 2. Qualifications of ft lumbers. A licensed city plumber shall be one thoroughly educated to his art, and shall be competent as a plumber to tap and close by cocks and service supply pipe, such main or lateral pipe, or extend service pipes, as the necessities and workmanship therefore require, without risk or damage to the pipe system of said Water Works. 164 REVISED ORDINANCES. Sec. 3. Bond. He shall gave bond and security for the faithful performance of his workmanship in such service, and for any damage accruing- to said city by negligence in the sum of five hundred dollars, pay¬ able to the city of Mendota, Illinois. Sec. 4. Liability of plumbers. He shall be held accountable,upon being- so licensed, for the street, gut¬ ter, and pavement openings by trench made by him for the purpose of tapping water mains or lateral pipes or extension of service pipe (under ground) until re-covered and in like condition as before trenched or opened; and during the progress of such work shall carefully guard by day, and by danger signal at night, all such open trenches. Sec. 5. Permits —contents—notice to clerk. He shall be governed by written and printed permit issued by the water committee in each and everv labor of plumbing or repairing wherein the City of Mendota, furnish water thereby, in size of tap, and diameter of service pipe, and shall not exceed the enumerated pur¬ poses applied for, and enumerated in said permit in the use or distribution of said Water Service, upon or in the premises named in said permit, and shall be held responsible, with his securities, for any breakage of main, lateral, or service pipe, the property of said citv, while so engaged in tapping or extending as aforesaid. No tapping of main or lateral, or extension of service pipes shrill at any time be made, except by application and permit at the date of, and for purposes contained in such permit; and upon completion of such permitted plumbing, water being ready for use, he shall notify the city collector of water rents within twenty-four hours after such completion, of strict compliance with said permit, and applicant's liability for water rent. REVISED ORDINANCES. 165 Sec. 6. License fee. He shall procure from the city clerk of said city a license as plumber, at a license fee of ten dollars per annum, and when so licensed shall be an authorized city plumber: Provided , the same may be revoked for cause or violation of these rules upon complaint and proof. Revocation shall be a suspension of license for co-partners or employees of said partner¬ ship. Sec 7. Manner in which plumbing' is to be done. Plumbing done by authority of license and permit, must be sufficiently strong- to resist the pressure and ram of the water; the street main must be tapped in the bodv, and in no case nearer than fifteen inches of either end of the jointed pipe so tapped; there shall be a stop-cock placed in every attachment to main, lateral, or extension of seryice supply pipe—in streets, under the sidewalk within one foot of the curbstone; in alleys, within one foot of the side line of the same. Rach house shall have a separate hydrant and stop-cock; the latter four feet below grade, and with a square head of uniform size, to be enclosed in substantial iron cas¬ ing-, coming- to grade, with a tig-ht fitting- iron cover with the word “water” or “W” cast on said cover. A stop and waste-cock shall be attached to every service supply pipe at a point inside and near the wall of build¬ ing- entered thereby to permit water “shutoff” during frostv weather and exposed pipes emptied. All street washers or sprinklers placed in connection with the pipe supplying- the building- shall be controlled by a stop cock, so as to admit of water being- turned off from the street without interfering- with the supply for the building-. Sec. 8. Material used—how laid. The materials used in plumbing and for the purpose of introducing 166 REVISED ORDINANCES. water into building's, or upon premises whereby a sup¬ ply is furnished by the city water w T orks, shall be of first class quality as to all parts thereof and service supply pipe shall at all times and places be laid not less than four (4) feet below the surface of the ground laid in. Sec. 9. Size of pipes. All applications for mak¬ ing* attachments to main pipe being - larger than one inch tap, must have the approval of the committee on water before a permit shall be issued. Sec. 10. Penalties. Any plumber who shall be g'uilty of a violation of any of the provisions of this ordinance, or any person not being - licensed under this ordinance, who shall tap said water mains, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offense and a convic¬ tion of any licensed plumber of the violation of any of the provisions of this ordinance shall work a forfeiture of his said license. Sec. 11. Repeal. All ordinances or parts of ordi¬ nance in conflict with this ordinance are hereby re¬ pealed. REVISED ORDINANCES. 167 Section Section Section CHAPTER XXIV. POLICE department. ARTICLE I. l)epartment Created . 1. Department created. ARTICLE II. THE CITY MARSHAL. 1. Term. 2. Election—oath—bond. 3. Devote entire time—offenders. 4. Control of police force—absence. 5. Serving process within city. G. Serving process without city. 7. Calling on bystanders. 8. Attend meetings of council. 9. Keep record. 10. Monthly reports. 11. Care of property. 12. Salary. 13. Fees. ARTICLE III. NIGHT POLICE. 1. Term. 2. Appointment—oath—bond. 3. Duties. 4. Serving process within city. 5. Serving process without city. 6. Calling on bystanders for assistance. 7. Salary. 168 REVISED ORDINANCES. ARTICEE IV. SPECIAE POLICE. Section 1 . Appointment, oath—bond. 2. Special police for association, etc. 3. Repeal. ARTICLE I. Be pa r t men t Created. Be it ordained by the City Council of the City of Mendota: Section 1 . Department created. There is here¬ by established an executive department of the munici¬ pal government of the city of Mendota, which shall be known as the “Police Department,” and shall embrace one city marshal, one night police, and such number of policemen as the council may, by resolution, determine to be necessary. ARTICLE II. The City Marshal .' Section 1. Term. The city marshal shall be chief of the police department and shall hold his office for the term of one year, and until his successor shall be duly elected and qualified. Sec. 2. Election — oath — bond. The city marshal shall be elected at the annual election each year, and before entering upon the duties of his office shall take the oath prescribed for other city officers and enter in¬ to a bond in the penal sum of five hundred dollars with good and sufficient sureties to be approved by the city council, conditioned for the faithful discharge of the duties of his office. REVISED ORDINANCES. 169 Sec. 3. Devote entire time — offenders. The city marshal shall devote his whole time and energy to the discharge ot the duties of his office. He shall wear a badge or star on which shall be inscribed “city marshal,” and he shall see that the laws and ordinances of the city are enforced as far as possible by the force under his command, and that all offenders are report¬ ed to some proper tribunal for punishment. Sec. 4. Control of police force — absence. The city marshal shall be the commanding officer of the police force of the city, subject to the mayor and the rules and regulations prescribed by the city council. The marshal shall in no case absent himself from the city without notifying the mayor of his intended ab¬ sence where the same is practicable. Sec. 5. Serving' process within the city. He shall have power and authority, within the corporate limits of said city, to serve and execute warrants and other legal process for the apprehension and commitment of persons charged with or held for the commission of any crime or misdemeanor, or the violation of any law or ordinance of said city, and while serving or executing, or assisting in the service or executing, of any such warrant or legal process, he shall be vested with all the common law and statuary powers of constables for such purposes. Sec. 6. Serving process zvithout the city limits. He shall also have power and authority to execute city warrants, or other legal process, without the corpor¬ ate limits of the city, and within such distance there¬ from as is authorized by law, in all cases when any ordinance of the city council, made pursuant to law, shall prescribe a penalty for the violation of any of its 170 REVISED ORDINANCES. provisions by persons residing’, acting*, or doing* busi¬ ness without the limits of said city. Sec. 7. Calling' on bystanders for assistance . He may, at any time, call upon any able-bodied male per¬ son, above the ag*e of eighteen years to aid him in arresting*, retaking, or holding in custody any person guilty of having committed any unlawful act, or charged therewith, or to aid such officer in preventing the commission of any unlawful act; and whoever shall neglect or refuse to give such aid or assistance when so required, shall incur a penalty of not less than three dollars nor more than twenty-five dollars for each offense. Sec. 8. Attend meetings of council\ die. He shall attend, in person, all meetings of the city council, execute all its orders, and all warrants or other legal process required to be executed by him under any ord¬ inance of the city. Sec. 9. Keef folicc record. Said city marshal shall keep, or cause to be kept, books of record of the police department, and of all persons arrested or com¬ mitted by the police, showing the time and place of each arrest, the offense for which the same was made, the magistrate, or court, before whom such person was tried, and the disposition of each case. Sec. 10. Monthly reports. He shall, on the first Monday in each month, make a written report to the city council, showing the number of arrests made by the police force during the preceeding month, the name of each person arrested, the policeman making the ar¬ rest, the offense charged, the magistrate before whom tried, the disposition of the case, the amount of fine im¬ posed, if any, and the amount of such fine collected. REVISED ORDINANCES. 171 Sec. 11. Care of property. Said marshal shall have the care, custody,and control of all books, records, equipments,and other property belonging- to the police department, and of all stolen goods seized and retained by police authority. Upon the expiration of his term of office, or his resignation, or removal therefrom, he shall, on demand, surrender to his successor in office all books, records, equipments,and property in his pos¬ session belonging to the city, or appertaining to said office. Sec. 12. Salary. The city marshal shall receive an annual salary of six hundred dollars, to be paid in monthly installments. Sec. 13. Fees. The city marshal, in addition to his salary, shall be entitled to collect for the services hereinafter enumerated, the following fees, viz.: For attending trial and waiting on a jury, fifty cents; for mileage when serving a warrant, subpoena, or other process, five cents a mile each way; for serving and re¬ turning a warrant, for each person served, fifty cents; for serving a subpoena, for each person served, twenty- five cents; for serving venire, fifty cents; for serving mittimus, fifty cents. Which said fees shall be taxed and recovered as costs against the defendant or defend¬ ants in all cases arising under the ordinances of the city wherein the defendant or defendants are found guilty: Provided\ that no costs whatever shall be taxed or re¬ covered against the city, article hi. Night Police. Section 1 . Term. The night police shall hold his office for the term of one year, and until his succes¬ sor shall be appointed and qualified. 172 REVISED ORDINANCES. Sec. 2. Appointment — oath — bond. The night police shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May annually, and before entering- upon the duties of his office shall take the oath prescribed for other city officers, and enter into a bond in the penal sum of five hundred dollars, with g-ood and sufficient sureties to be approved by the city council, conditioned for the faithful discharg-e of the duties of his office. Sec. 3. Duties. He shall perform all the duties of a police officer, shall wear a badg-e or star on which shall be inscribed “city police, ” and see that the laws and ordinances are enforced, and that all offenders are arraig-ned before some proper tribunal for punishment. Sec. 4. Serving' process within city. He shall have power and authority within the corporate limits of said city to execute warrants and other deg-al pro¬ cess for the apprehension and commitment of persons charg-ed with or held for the commission of any crime or misdemeanor, or the violation of any law or ordi¬ nance of said city, and while serving* or executing-, or assisting- in the service of any such warrant or leg-al process, he shall be vested with all the common law and statutory powers of constables for such purposes. Sec. 5. Serving process without the city limits. He shall also have power and authority to execute city warrants or other leg-al process without the corporate limits of the city, and within such distance therefrom as is authorized by law in cases where any ordinance of the city council, made pursuant to law, shall pre¬ scribe a penalty for the violation of any of its provi¬ sions by persons residing-, acting-, or doing business without the limits of said city. REVISED ORDINANCES. 173 Sec. 6. Calling' on bystanders for assistance. He may, at any time, call upon any able-bodied male per¬ son above the age of eighteen years, to assist him in arresting, retaking, or holding in custody any person guilty of having committed any unlawful act, or charged therewith, and whoever shall neglect or refuse to give such aid or assistance, when so required, shall incur a penalty of not less than three dollars nor more than twenty-five dollars for each offense. Sec. 7. Salary. The night police shall receive an annual salary of six hundred dollars, payable monthly. ARTICLE iv. Special Police. Section 1. Special police. Whenever the mayor shall deem it necessary to establish a temporary night watchman, or temporarily to increase the number of watchmen or policemen, he may appoint, in writing, under the corporate seal, a suitable number of reput¬ able and discreet citizens of the city as temporary watchmen or policemen, whose powers, duties,and lia¬ bilities shall be the same as other watchmen and police¬ men, and who shall take and subscribe the same oath and shall be required to execute bond to the city of Mendota in like manner. The mayor shall report all such temporary appointments to the city council at its next regular meeting, and the city council may continue or discontinue the same in its discretion, and the per¬ son so appointed shall receive such reasonable compen¬ sation as may be fixed by the city council. Sec 2' special police for corporations , associa¬ tions and firms. The mayor and city council may, on application being made to them, appoint any suitable 174 REVISED ORDINANCES. person in the employ of any corporation,association, or firm, a special policeman in and for said city; or they may, if they deem proper, appoint an} T person employed in any other branch of the city service to be such special policeman. Special policemen shall have all the quali¬ fications required in the case of regular policemen; they shall take and subscribe the same oath, give like bond, exercise the same powers, and be subject to the rules and regulations of the police department, so far as the same are applicable to them: Provided ', however , that such special policemen shall receive no pay from the city for their service. Sec. 3, Repeal. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. CHAPTER XXV. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . PUBEIC HEAETH. Department created—term, appointment, etc. Keep books. Advise city authorities—investigate diseases. Enforce laws and ordinances. Abate nuisances—Notices. Removal and care of persons with contagious diseases. Small-pox and other notices. Order vaccination—penalty. Remove filth—prevent spread of disease. Report of physicians. Health inspector—appointment, etc . Be it ordained by the City Council of the City of Mendota: Section 1 . Department created. There is here¬ by created a department to be known as the “Health Department” and shall be under the supervision of three members of the city council, to be known as the REVISED ORDINANCES. 175 Health Committee, said committee shall be appointed by the Mayor on the first Monday in May in each year and shall be one of the standing* committees of the city council. Sec. 2. Keef books. They shall keep a full ac¬ count of the proceedings and expenses in a book to be provided for that purpose, which book shall be the property of the city. Sec. 3. Advise city authorities—investigate dis¬ eases. The health committee shall give the mayor and other city authorities all such advice and information as they may require with a view to the preservation of the public health ; and whenever they shall hear of the existence of any malignant, contagious, or pesti¬ lential disease, they shall investigate the same and adopt measures to arrest its progress. Sec. 4. Enforce lazvs and ordinances. It is here¬ by made the duty of the health committe to enforce all laws of the state and ordinances of the city in relation to the sanitary regulations of the city, and cause all nuisances to be abated with all reasonable promptness; and, for the purpose of carrying out the foregoing re¬ quirements, they shall be permitted at all times, from the rising to the setting of the sun to enter into any house, store, stable,or other building, and to cause the floor to be raised, if they deem necessary, in order to a thorough examination of the cellar, vault, sinks, or drains, and cause all privies to be cleaned and kept in good condition and to cause all dead animals or other nauseous or other unwholesome things or substances to be buried, removed or disposed of as they may direct. Sec. 5. Abate nuisances —notices. In order to carry out the provisions of the foregoing section, it is hereby made the duty of the health committee to serve 176 REVISED ORDINANCES. a notice, in writing, upon the owner, occupant,or agent of any lot, building,or premises in or upon which any nuisance may be found, or who may be the owner or cause of any such nuisance, requiring them to abate the same in such manner as they shall prescribe, within reasonable time; such notice (and all other notices per¬ taining to the health department) shall be delivered to the city marshal or any policeman of said city to serve; and it is hereby made the duty of the city marshal and the members of the police force of said city to serve any and all notices which may be delivered to them by the health committee. If such owner, occupant, or agent, shall neglect or refuse to comply with the re¬ quirements of such order, within the time specified, they shall be subject to a fine of not less than five dol¬ lars nor more than two hundred dollars for every such violation, and it shall be the duty of the said commit¬ tee to proceed at once, upon the expiration of the time specified in said notice, to cause such nuisance to be abated. The expense of such abatement shall be col¬ lected from the person or persons who may have created continued or suffered such nuisance to exist. Sec, 6. Removal and care of persons with conta¬ gious diseases. It shall be the duty of the health com¬ mittee to cause to be examined by a competent physician all sick persons who shall be reported to them as lab¬ oring, or supposed to be laboring, under any contagious malignant, infectious, or pestilential disease, and said health committee may cause any person within the city having any contagious,infectious, or pestilential disease to be removed to some safe or proper place within or without the corporate limits, where danger from contag¬ ion will be avoided, and shall provide suitable medical and other attendance for such person, at his or her own REVISED ORDINANCES. 177 expense, if able to pay the same: Provided, that if any such person, being - a resident of the city shall refuse to be removed, or if his condition be such that, in the opinion of the attending- physician, removal would be attended with danger to his life, then such measures shall be taken by the health committee as may be. deemed most advisable to prevent the spreading of the pestilence. In case of the death of any such person, the said committee shall direct the manner of inter¬ ment. Sec. 7. Small-pox and other notices. It shall be the further duty of the health committee to cause a no¬ tice, printed in large letters, to be placed upon or near any house in which any person may be affected or sick with small-pox, scarlet fever, or any infectious, pesti¬ lential,or epidemic disease, upm which shall be printed the name of such disease; and if any person or persons shall deface, alter, mutilate, destroy, or tear down such notice, without the permission of the health com¬ mittee, such person or persons shall be liable for such offense to pay a fine of not less than twenty-five dol¬ lars nor more than one hundred dollars. Sec. 8. Order vaccinaion — penalty . The health committee may take such measures as they may, from time to time, deem necessary to prevent the spread of small-pox, by issuing an order requiring all persons in the city requiring vaccination to be vaccinated within such time as they shall prescribe ; and all persons re¬ fusing or neglecting to obey such orders shall be liable to a fine of not less than three dollars nor more than fifty dollars: Provided, that it shall be the duty of the health committee to provide for the vaccination of such persons as are unable to pay for the same at the ex¬ pense of the city, 178 REVISED ORDINANCES. Sec. 9. Remove filth—spread of disease. They shall have power to cause any house or any premises to be cleansed, disinfected, or closed to visitors, and to prevent persons from resorting thereto while any person is laboring under any pestilential or infectious disease; they may, by an order in writing, direct any nuisance to be abated, or unwholesome matter or substance,dirt or filth, to be removed from any house or premises, and may prescribe the time and manner of so doing, and take any other measures they may deem necessary and proper to prevent the spread of infectious, pesti¬ lential, or epidemic disease; and any person who shall neglect or refuse to obey the orders, directions, or in¬ structions of said health committee shall be fined in any sum not less than five dollars nor more than two hundred dollors. Sec. 10. Report of physicians. E)very practicing physician in the city of Mendota who shall have any patient therein laboring under any contagious, infecti¬ ous,or pestilential disease, shall forthwith make report thereof in writing to the health committee, stating the the name and describing the locality of such patient so that he may be easily found; and for any neglect or failure to report, such physician shall incur a penalty of not less than ten dollars nor more than fifty dollars. Sec. 11. Health inspector — appointment , etc. There may be appointed by the mayor, by and with the advice and consent of the city council, at such times and for such periods as exigencies require, a health in¬ spector or inspectors. Such inspector shall act under the control, direction,and supervision of the health com¬ mittee and shall receive such compensation as the coun¬ cil may determine. REVISED ORDINANCES. 179 CHAPTER XXVI. pubcic heaeth regulations. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . Spreading of small-pox. Changing of wearing apparel. Bringing persons or clothing infected into the city— penalty. Selling diseased animal or food—penalty. Selling adulterated milk—unwholesome food—penalty. Inmates of houses exposed to disease not to be on the street—penalty. Persons suffering from contagious diseases not to be landed in the city. Swill, filthy matter, etc., not to be deposited in the street. Diseased animals not to be brought within the city. Certain kinds of meats not to be sold—penalty. Be it ordained by the City Council of the City of Mendota : Section 1. Spreading of small-fox. Any per¬ son having* the small-pox or other infectious or malig- nant disease, who shall go about the street or other public place within the city of Mendota while in dan¬ ger of giving such disease to others, shall be subject to a penalty of not less than ten dollars nor more than one hundred dollars: Provided , that this section shall not apply to cases where such person shall have ob¬ tained from a regular practicing* physician a certificate in writing* that there is no danger of his or her com¬ municating the disease to others. Sec. 2. Changing * wearing * apparel. Any phy¬ sician, nurse, or servant, attending or being about any person having the small-pox or like infectious or con¬ tagious disease, who shall not change or purify his wearing apparel before going upon any street or into 180 REVISED ORDINANCES. any public place, or shall otherwise conduct himself as to endanger the spreading' of the disease, shall, for each and every such offense, be liable to a fine of not less than five nor more than fifty dollars. Sec. 3. Bringing'persons or clothing inf ected into the city —- -penalty . Whoever shall bring- into said city any person having- the small-pox, or other like infectious or contagious disease, or any clothing-, bedding-, or other article or thing- infected with small-pox or other infectious or contag-ious disease, shall, upon convic¬ tion, be fined not less than ten nor more than one hun¬ dred dollars. Sec. 4. Selling diseased animal or food—'penalty . Any person who shall sell, or offer for sale, within the city, any diseased animal, poultry, or fish, or the flesh of any diseased animal, fowl, or fish, or any tainted or spoiled meat, or unsound and unwholesome provisions whatever, to be used or eaten for human food, shall, * upon conviction, be fined not less than ten nor more than one hundred dollars in each case; and the city marshal, or any police or health officer, may seize, take and destroy any meat, food, or drink so exposed or offered for sale. Sec. 5. Selling adidtered milk — unzvholesome food—penalty. Any person who shall, within the city, sell, expose, or offer for sale, any milk, adulterated with water, chalk, or other substance, or milk from diseased cows, or any adulterated and unwholesome bread, butter, lard, cheese, or other provisions; or any decayed of unwholesome fruit or vegetables for human food, shall, upon conviction, be fined not less than ten nor more than one hundred dollars for each and every offense. REVISED ORDINANCES. 181 Sec. 6. Inmates of houses exposed to disease not to he on streets —penalty. Any person who shall know¬ ingly, after having been an inmate of a house where any person or persons are suffering or laboring under yellow fever, small-pox, cholera, or any infectious or pestilential disease, publicly expose himself or herself in a manner calculated to spread such contagious dis¬ ease within the city, shall be subject to a fine of not less than ten nor more than one hundred dollars for each offense. Sec. 7. Persons suffering- from contagious dis¬ eases not to be landed in the city. Any person in charge of any railroad train or any vehicle, who shall know¬ ingly land, or suffer to be landed within the city of Mendota, any person laboring under any contagious disease, or any goods or effects of such person, without the written permission of the health committee, shall be fined in a sum not less than ten nor more than two hundred dollars for each offense. Sec. 8. Swill, filthy matter, etc ., not to he deposited in streets. No person shall throw or deposit any swill, brine, urine of animals, or other offensive animal sub¬ stance, or any noxious liquor or other filthy matter of any kind, in or upon any street, alley, or public ground within the city of Mendota under a penalty of not less than three nor more than twenty-five dollars for each offense. Sec. 9. Diseased animals mot to be brought within the city . No diseased or sickly, horse, cattle, swine, sheep, or other animal, nor any such animal that has been exposed to any disease that is contagious among animals, shall knowinglv be brought into the city of Mendota, uuder a penalty of not less than ten nor more than one hundred dollars for each offense. 182 REVISED ORDINANCES. CHAPTER XXVII. PUBEIC LIBRARY. Section 1. 2. 3 . 4 . 5 . 6 . Public library—name. How maintained. Defacing- books—penalty. Injury to building-—penalty. Failure to return books—penalty. Repeal. Be it ordained by the City Council of the City of Mendota: Section 1. Public library — name . That there be established and maintained in the city of Mendota a free public library and reading- room, for the use and benefit of the inhabitants of said city and when so es¬ tablished, to be known and called by the name of the “Graves Public Library.’’ Sec. 2. How maintained . That the establish¬ ment of such public library and reading- room shall be in accordance with the provisions of the statute and of an act of the g-eneral assembly of the state of Illinois, approved March 7th, 1872. amended June 17th, 1887, May 25th, 1889, and March 26th, 1891, and in force July 1st, 1891, entitled: An act to authorize cities, in¬ corporated towns and townships to establish and main¬ tain free public libraries and reading- rooms. Sec. 3. Defacing' books — fenalty. Any person who shall intentionally cut, tear, deface, or injure, or who shall write upon any book, newspaper, plate, en¬ graving-,or other thing- of value belonging to the Graves Public Library or any other public library within the city of Mendota shall be fined not exceeding one hund¬ red dollars for each offense. REVISED ORDINANCES. 183 SEC. 4. Injury to buildings —-penalty . Any per¬ son who shall commit any injury upon any building or building’s of the Graves Public Library, or any other public library of the city of Mendota, or upon the grounds, furniture, fixtures, or other property thereof shall be fined not exceeding 1 one hundred dollars for each offense. Sec. 5. Failure to return books—'penalty . Any person who shall fail to return any book, periodical, or paper, or fail to pay the penalty for injury to any book, periodical, or paper belonging- to the Graves Public Library, or any public library of the city of Mendota, according - to the requirements of the by-laws in force for the government of such library or libraries, shall be fined in a sum not more than one hundred dollars for each offense. Sec. 6 Repeal. All ordinances or parts of ord¬ inances in conflict with this ordinance are hereby re¬ pealed. 184 REVISED ORDINANCES. CHAPTER XXVIII. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . PUBLIC SAFETY. Storage of gunpowder regulated. Not to be sold after lights are lighted. Manner in which powder shall be kept. Manufacture of explosives prohibited. Keeping of dynamite, nitroglycerine prohibited. Blasting prohibited. Permit. When permits shall be granted. Blast to be covered. Penalty. Storage of explosive fluids. Tanks, how erected. Fire marshal to approve tanks. Be it ordained by the City Council of the City of Mendota: • Section 1. Storage of gunpowder regulated. That no person or persons shall keep or store any greater weight than twenty-five pounds of gunpowder in any house, store,or warehouse or other place within the limits of the city of Mendota, unless the same is stored in a fire-proof magazine, under a penalty of not less than one hundred nor more than two hundred dol¬ lars for each offense. Sec. 2. Not to be sold after lights are. lighted. No retailer of gunpowder shall sell or retail the same after candle,gas, or other lighting in the evening; and every person violating the provision of this section shall be fined in a sum not less than ten nor more than two hundred dollars for each offense. SEC. 3. Manner in which powder shall be kept. All gunpowder kept within the city of Mendota, shall be kept in a closed tin or other metallic canister, and REVISED ORDINANCES. 185 in a good and safe place; and the keeper thereof shall, at the close of business each day, deposit the same in an accessible place to be provided for that purpose near the main entrance of said building. And any person violating this section shall be fined in a sum not less than ten nor more than one hundred dollars for each offense. Sec. 4. Manufacture of explosives prohibited. It shall be unlawful for any person or persons to manu¬ facture, within the limits of the city of Mendota, any explosive material or compound, to be used for any purpose, the manufacture of which will be dangerous to life and property, under a penalty of one hundred dollars for each offense, and a further penalty of fifty dollars for each and every day that such explosive material or compound may be manufactured after writ¬ ten notification for discontinuance thereof by the fire marshal. Sec. 5. Keeping' of dynamite, nitro-glycerinc pro¬ hibited. It shall be unlawful to store or keep in any building or other place, within the limits of the city of Mendota, or to convey through any street, avenue, alley, or public place, within said city, any dynamite, nitro-glycerine, or any other explosive material or com¬ pound, other than gunpowder, unless a permit in writ¬ ing for such purpose be first obtained from the mayor, under a penalty of one hundred dollars for each offense, and a further penalty of fifty dollars for each day that such explosive material or compound may remain stored, kept, or deposited, as the case may be. Sec. 6. Blasting prohibited, It shall be unlaw¬ ful for any person or persons, corporation or corpora¬ tions, to blast rock or stone for any purpose within the 186 REVISED ORDINANCES. corporate limits of the city of Mendota, except as here¬ after provided. Sec. 7. Permit . Any person or persons, corpo¬ ration or corporations, desiring’ to blast rock or stone within the limits of the city of Mendota shall first ob¬ tain a written permit from the mayor therefor, which permit shall be granted by the mayor, upon compliance of said person or persons with the provisions herein¬ after following. SEC. 8. When 'permits shall be granted. Such person or persons, corporation or corporations, shall execute a bond to the city of Mendota with good and sufficient sureties to be approved by the mayor, in the penal sum of at least five hundred dollars, conditioned to save the city from loss from any damage which may accrue to any person by reason of such blasting, and conditioned further that he, they, or it will fully and in all things comply with the requirements of this chapter. Sec. 9. Blast to be covered. In all cases of blasting rock or stone within the city of Mendota, each blast, before firing it, shall be securely covered with chain aprons, brush or other materials, to be placed over and around such charge in such manner that all danger to persons and property shall be, as far as pos¬ sible, prevented. Sec. 10. Penalty. Any person or persons who shall engage in blasting any rock or stone within the corporate limits of said city, or who shall aid or assist therein, without first having given the security and gained the permission herein provided, or who shall violate any of the provisions of this article, shall, upon conviction, thereof, be fined in a sum not less than fifty nor more than two hundred dollars for each offense. REVISED ORDINANCES. 187 Sec. 11. Storage of kerosene, etc., regulated . No person, firm, or corporation, shall store, place, or keep at one time more than one hundred gallons of ker¬ osene oil, benzine, gasoline, or other explosive of any kind, in any cellar, store, house or other building or place, except a tank, as hereinafter provided, under a penalty of not less than twenty nor more than two hundred dollars for each offense. Sec. 12. Tanks—how erected — 'penalty. Any person, firm, or corporation, desiring to carry on the business of selling explosive fluids or oils by the whole¬ sale, within the city of Mendota, or who desires to store or keep at any one time more than one hundred gallons of kerosene oil, benzine, gasoline, or other explosive fluids of any kind, shall erect, or cause fo be erected, tanks for the storage and keeping of such kerosene oil, benzine, gasoline, or other explosive fluids. Such tanks shall in no case be located within the “fire lim¬ its,” and shall, in all cases, be constructed and built under the direction of the fire marshal, and shall be subject at all times to his approval, said approval to be given in writing. Any person, firm, or corporation who shall store any kerosene oil, benzine, gasoline, or other explosive fluid in any tank which has not been approved in writing by the fire marshal, or who shall violate any other provision of this section, shall be fined in a sum not less than twenty-five nor more than two hundred dollars for each offense. Sec. 13. Fire marshal to approve tanks. It is hereb} 7 made the duty of the fire marshal to superin¬ tend the construction of all tanks intended to be used for the storage of oils and explosive fluids within the city of Mendota, and to see that the same are con¬ structed in a safe and proper manner; and when any 188 REVISED ORDINANCES. tank is, in the judgment of such fire marshal, safe and secure for the storage of oils and explosive fluids there¬ in, it shall be his duty to issue to the owner, or own¬ ers, or persons constructing such tank, his approval in writing of the same. CHAPTER XXIX. RAILROADS Section 1. Rate of speed. 2. Blockading- streets. 3. Headlights. 4. Penalty. 5. To construct crossing—notice—penalty. 6. Gates. H • • Costs to be paid by railroad company. 8. Blowing off steam—penalty. 9. Blowing of whistles. 10. Repeal. Be it ordained by the City Council of the City of Mendota: Section 1. Rate of sfeed. No locomotive en¬ gine, attached to any railroad passenger car, shall be driven, propelled or run upon or along any railroad track within the city of Mendota at a greater rate of speed than ten miles per hour; nor shall any locomotive engine, attached to any freight car, or otherwise, be driven, propelled, or run upon or along any railroad track within the city of Mendota at a greater rate of speed than six miles per hour. Sec. 2. Blockading streets. No railroad com¬ pany, engineer, train conductor, station agent, or other person shall cause or permit any locomotive engine, car or cars, or train of cars, to stop in or remain upon REVISED ORDINANCES. 189 any street or railroad crossing - within the city of Men- dota for a longer period than ten minutes at any one time. SEC. 3. Headlight. Every locomotive engine, railroad car, or train of cars running in the night time on any railroad track within this city, shall have and keep, while so running,a brilliant and conspicuous light on the advancing end of such locomotive engine, car,or train of cars. Sec. 4. Penalty . Any person violating any of the provisions of sections 1, 2 and 3 of this chapter shall be fined in the sum of not less than ten nor more than two hundred dollars for each offense. Sec. 5. To construct crossing — notice — penalty. That any railroad company or corporation operating any railroad within or through the corporate limits of the city of Mendota,or which may hereafter operate any railroad within or through the corporate limits of said city, shall construct and maintain safe and convenient crossings across the tracks of such railroads where the same in¬ tersect any street, lane, or avenue, and shall also make and maintain sufficient and proper conduits, culverts, and gutters to carry off all water under or along such railroad tracks. Upon the failure or refusal of any railroad company or corporation to construct any cross¬ ing, conduit, culvert,or gutter as aforesaid, it shall be the duty of the superintendent of streets to notify in writing the station agent or other officer or agent of such railroad company or corporation, to construct or repair such crossing, conduit, culvert,or gutter within thirty days from date of such notice, and upon failure of such railroad company to construct or repair such crossing, conduit or culvert or gutter, as aforesaid, pursuant to the notice as aforesaid, such railroad com- 190 REVISED ORDINANCES. pany shall forfeit and pay to said city a penalty of one hundred dollars. And upon the failure of any such railroad company or corporation to comply with the notice aforesaid, it shall be the duty of the superinten¬ dent of streets to construct or repair such crossing*, conduit, culvert or gutter, and such railroad company or corporation shall thereupon be liable to said city in an action of debt for the costs and expenses thereof. Sec. 6. Gates . That it is hereby declared un¬ lawful for any railroad company to run any train, car, or locomotive engine across Sixth street or Eighth street within the city of Mendota, without first placing gates on said street crossings, and said gates shall be lowered into place so as to prevent any teams, horse, animal, vehicle, or person from being injured by an approaching train, car, or locomotive engine, and said gates shall be raised as soon as safe, after said train, car, or locomotive engine moves out of the way; said gates to be handled by a competent gateman in attend¬ ance at such gate,each and every day from the hour of 7 A. M. until the hour of 9 P. M. Any railroad com¬ pany violating this section shall forfeit and pay to the city of Mendota a fine not exceeding one hundred dol¬ lars for each and every offense. Sec. 7. Cost to be paid by railroad company. Every such gate, and the approaches thereto, shall be erected and constructed at the sole cost and expense of said railroad company, and shall forever thereafter be kept and maintained by such railroad company in proper care and condition at its own cost and expense,under the supervision of the superintendent of streets of said city and to his satisfaction. Sec, 8. Blowing off steam zv/iistles — penalty. No railroad company shall cause or allow the cylinder cock REVISED ORDINANCES. 191 or cocks of any or either of their several locomotive en¬ gines to be opened so as to permit steam to escape there¬ from, at any time while running upon or along any railroad track laid in any street, or when the engine is in the immediate proximity to any street or railroad crossing of said city: Provided , however, that when such engine shall be standing at such point in said city, and for three revolutions of the driving-wheel after being put in motion, the said cocks may be opened for the purpose of allowing condensed steam to escape. Any violation of this section shall subject the offender to a fine of not less than three nor more than fifty dol¬ lars for each and every offense. Sec. 9. Blowing * of zuhistles. No railroad com¬ pany, within the city of Mendota, shall cause or allow the steam whistle placed and kept on any locomotive engine belonging to said company, to be sounded with¬ in the limits of said city, save and only as a signal for the necessary operation of such engine, or train at¬ tached thereto. All unnecessary sounding of such whistle shall be deemed a violation of this section and shall subject the offender to a fine of not less than five dollars nor more than one hundred dollars for each and every offense. Sec. 10. Repeal . All ordinances or parts of or¬ dinances in conflict with this ordinance are hereby repealed. 192 REVISED ORDINANCES. CHAPTER XXX. SCAVENGERS. Section 1. 2 . 3. 4. 5. 6 . 7. 8 . 9. 10 . Scavengers to be licensed. Penalty—permit. License—bond. Manner of cleaning vaults. Contents to be removed beyond city. Privy vaults to be cleaned in the night-time—penalty. Health committee may order privies cleaned. Penalty for violating ordinance. Compensation. Repeal. Be it ordained by the City Council of the City of Mendota: SECTION 1. Scavengers to be licensed. The mayor and city council of the city of Mendota, shall, from time to time, grant licenses to any person, company, or corporation to engage in the - business of emptying, cleaning,or removing the contents of privy vaults. And every person, company, or corporation engaged in said business shall be deemed a scavenger within the mean¬ ing of this ordinance. Sec 2. Penalty — permit . No person,company, or corporation within the city of Mendota shall empty, clean, or remove the contents of any privy vault, or in any manner engage in the business of scavenger with¬ out first having obtained a license so to do, under a penalty of not less than twenty-five dollars nor more than two hundred dollars for each offense: Provided\ that the owners, occupants, or agents of privy vaults within the city, desiring to clean or remove the contents thereof themselyes without the aid of scavengers, may REVISED ORDINANCES. 193 be allowed to do so upon the written permission of the health committee, and then only in such manner as the health committee in said permit shall direct. Sec. 3. License—bond. Every person, company, or corporation applying for such license shall pay to the city treasurer therefor the sum of ten dollars per annum, and shall execute a bond to the city of Mendota in the penal sum of five hundred dollars, with at least two sureties, to be approved by the mayor and city council, conditioned that the said scavenger shall corn- play with the provisions of the ordinances of said city, and the ordinances which may hereafter be passed by the city council relating to the occupation and employ¬ ment of scavengers. Sec. 4. Manner of cleaning'vaults. The clean¬ ing, emptying, and removing of the contents of privy vaults shall be done in an inoffensive manner, and any scavenger having begun any such scavenger work shall without any interruption or delay, finish the same,and in every instance leave the privy vault in as good con¬ dition as when the work was undertaken. Sec. 5. Contents to be removed beyond the city . The contents of privy vaults, so removed by any scav¬ enger, shall be conveyed to the city limits in air-tight tanks or vessels, and shall be disposed of in such manner as to cause no offense. Said tanks or vessels shall be kept clean and inoffensive when not in actual use. Sec. 6 . Privy vaults to be cleaned in night-time — penalty. No privy vault shall be opened nor the con¬ tents thereof disturbed or removed between the hours of six o'clock A. M. and ten o’clock P. M. of any day, nor shall such contents be deposited or buried within the city, except upon the special permission of the 194 REVISED ORDINANCES. health committee of said city, and in such manner and places as shall be by said committee directed. If any scavenger shall not bury said contents as above pro¬ vided, and cover the same so as to prevent any smell arising therefrom, his license shall immediately be for¬ feited and annulled. Any person violating any provis¬ ion of this section shall be subject to a penalty of not less than twenty-five dollars nor more than one hun¬ dred dollars for each offense. Sec. 7. Health committee may order privies cleaned. Whenever, in the opinion of the health committee, any privy vault shall be offensive and need cleaning, it shall be their duty to notify the owner, agent, or occu¬ pant to cleanse the same within a period named in said notice, and unless the person so notified shall comply within the time mentioned, it shall be the duty of said committee to cause the said privy vault to be cleaned by one or more of the city scavengers, and such person so failing to comply with said notice shall, on convic¬ tion be fined in a sum not less than than five dollars nor more than one hundred dollars: Provided , that nothing in this section contained shall discharge the owner, agent, or occupant of the premises from any lia¬ bility otherwise provided, to pay all the expenses of such cleaning. Sec. 8. Penalty for violating' ordinance. Any person, without license aforesaid, who shall engage in business as a scavenger, or who shall undertake to re¬ move-any contents of any privy vault within the city, without license or permit, as aforesaid shall, on con¬ viction thereof, pa} a fine of not less than ten dollars nor more than one hundred dollars for each offense; and any scavenger licensed as aforesaid, or owner, agent, or occupant as aforesaid, acting under permit as afore- REVISED ORDINANCES. 195 said, who shall violate any provision or section, or clause of any provision or section of this ordinance, where no other penalty is imposed, shall, on conviction there¬ of, pay a fine of not less than ten dollars nor more than one hundred dollars for each offense. Sec. 9. Compensation. Scavengers shall be al¬ lowed to charge and receive for each load by them taken and removed, of not less than twenty-seven cubic feet, a sum not exceeding - five dollars for each and ever} T load so removed. Sec. 10. Repeal. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed. CHAPTER XXXI. Section 1. 2 3. 4. 5. 6 . 7. 8. 9. 10 . 11 . 12 . 13. 14 . 15. 16. 17. SEWERS. Construction by special assessments and taxes. Manner of levying 1 special assessments. Manner of construction. Extensions and laterals provided for. Surface water provided for. To be laid in center of street. Private drains—manner of construction. Maps to be kept by surveyor. Private drain—permit Conned ions made by licensed plumber. No steam from boiler to enter into sewer. Deposits in sewer—penalty. Injuring sewers and fixtures. Obstructing natural water ways—penalty. Permits to tap sewer. Overflows—provision for. Repeal. Be it ordained by the City Council of the City of Mendota: SECTION 1. Construction by special assessments and taxes. That all sewers, both main and lateral, 1% REVISED ORDINANCES. hereafter constructed in the city or Mendota are here¬ by declared a local improvement, and the cost thereof shall be provided for by special assessment or special taxation of contiguous property or property benefitted, as hereinafter provided. Sec. 2. Manner of levying" special assessments. All main sewers shall be constructed and paid for by special assessment of all property, according to valu¬ ation, located in the sewerage district or districts through which such main sewer runs: Provided , how¬ ever, that the main sewers running beyond the city limits, shall be paid for by general taxation of the whole city. All lateral sewers shall be constructed and paid for by special assessment of the property benefitted thereby. Sec. 3. Manner of construction. All sewers and overflows ordered and provided for by the city of Men¬ dota shall be constructed as hereinafter provided and with materials of the best quality, laid in such manner and of such thickness and such grade and depth as may hereafter be provided by ordinance. All such sewers shall be laid to such depth below the grade of the street or avenue as will effectuallv drain either such lateral sewers as may be conducted into the same, or the cel¬ lar and grounds of the lowest part of the district in which they may be located, and suitable catch-basins, wells, man-holes, vents and inlets properly secured with coping stones, iron grates, or plate covers shall be constructed, when necessary, at proper distances. Sec. 4. Extension of laterals provided for. If any sewer ordered as aforesaid, will probably require to be extended or be connected with lateral sewers leading thereinto, it shall be built with reference to such extension or connection with lateral sewers and REVISED ORDINANCES. 197 suitable opening's. S’s or T’s shall be left in the sides of such sewers at and under the intersections of the streets and avenues crossing' the same, to admit of the proper connections w T ith such lateral sewers as may hereafter be constructed in such cross streets or aven¬ ues, such opening's shall be sustained by a brick arch or ring-, and the spaces filled in with brick so laid as to be capable of removal without injuring - the sewer or arch, unless otherwise provided for by the city council. Sec. 5. Surface water 'provided for. For the purpose of carrying- off the surface drainag'e, when re¬ quired, suitable grated opening's or inlets shall be made at proper distances at or near the intersection of the curbs of the sidewalks along- the streets or alleys. Such opening's, while the streets or alleys are paved, shall be set into the curb of the sidewalk at least twelve feet from the intersection of such sidewalks wrth the corners of the streets or alleys, so as to pre¬ vent the foot crossing's from becoming- flooded; and they shall be securely connected with pipes or laterals drains of such dimensions and construction, and laid with such descent or gfrade as will effectually convey all the surface water into the sewers. Sec. 6. To be laid in center of street. All sew¬ ers that may hereafter be constructed in any street or avenue within said city, shall be laid on and along - the center line thereof unless otherwise ordered by the city council. Sec. 7. Private drains—manner of construction. The drainag'e of all private property into the public sewers or sewers built by the city, shall be effected by lateral sewers of brick substantially constructed or by suitable pipes of iron or fire clay, tiling- and all lateral sewers at their intersection with the main sewer shall 198 REVISED ORDINANCES. be curved toward the latter so as to lessen the obstruc- tion of the current in the main sewer by the influx from the lateral sewers. Sec. 8. Maps to be kept by surveyor . It shall be the duty of the city surveyor to keep in his office a map or maps, upon which shall be platted and shown the location of the different sewers and overflows and their dimensions, openings, inlets, catch basins, and connec¬ tions. Sec. 9. Private drain—permit . Any person con¬ structing or causing to be constructed any .private drain or sewer leading into any sewer built, owned, or controlled by the city without a written permit from the city clerk of said city countersigned by the city surveyor, or in any other manner than is authorized by ordinance, shall be liable to a fine of not less than five dollars nor more than one hundred dollars for each offense, and shall be liable to the city for all injuries or damages to any public sewer which may result from the building or connecting with such authorized private drain or sewer. Sec. 10. Connections made by licensed plumber. No connection of a private sewer or drain shall be made with any sewer built, owned, or controlled by the city, except by or under the supervision of a regularly licensed plumber of said city, and only then under a written permit from the city clerk countersigned by the city surveyor. Sec. 11. No steam from boiler to empty into sewer. No connection with, or opening into, any public sewer or drain, shall be used for the conveyance of steam from any steam boiler, or engine, or from any manu¬ factory in which steam is generated or used without consent in writing by the city council, under a penalty REVISED ORDINANCES. 199 of twenty-five dollars for each offense, and a like ad¬ ditional penalty for every repetition of the same. Sec. 12. Deposits in sewers—penalty . No gar¬ bage, butcher’s offal, dead animal, or any other ob¬ struction shall be deposited or thrown into a sewer, sewer inlet, or catch basin, under a penalty to the of¬ fender of not less than five dollars nor more than one hundred dollars for each offense. Sec. 13. Injuring' sewers and fixtures. Who¬ ever shall within said city, break, deface, injure, or re¬ move any cap or capping stone, or grate, or man-hole cover belonging to any catch basin, man-hole, vent or, inlet of any sewer or shall in any way obstruct or in¬ jure the mouth thereof, shall, for each offense, be sub¬ ject to a penalty of not less than five dollars nor more than fifty dollars. SEC. 14. Obstructing natural water ways — penal¬ ty. No person shall obstruct, fill up, or change any branch or natural drain within the city without first obtaining the permission and consent of the city coun¬ cil, under a penalty of not less than ten dollars nor ex¬ ceeding one hundred dollars, and a further penalty of ten dollars for every day such person shall continue such obstruction or change after being notified to rem¬ edy the same by the city superintendent of streets. Sec. 15. Permits to tap sewer. No person or corporation shall hereafter be permitted or allowed to in any way* connect any sewer or drain built or laid without the limits of the city of Mendota with any sewer or system of sewerage within said city; nor shall any owner of property without the city limits, use or have the benefit 'of any sewer within said city except upon written application in each case and by a vote of two thirds of all the aldermen authorized to be elected 200 REVISED ORDINANCES. to the city council and it is hereby made the duty of the mayor to strictly enforce or cause to be enforced the provisions of this section. Sec. 16. Overflows —provisions for . The pro¬ visions of this ordinance shall applv in so far as the same may be applicable to all overflows made in con¬ nection with the sewerage system herein provided for, for the purpose of taking care of surface water, not taken care of by surface drainage. Sec. 17. Ref cal. All ordinances or parts of or¬ dinances in conflict with this ordinance are hereby repealed. CHAPTER XXXII. SIDEWALKS—CONSTRUCTION OF. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . Sidewalks to be built by special taxation. Description of sidewalks. Passag-e of special ordinance. Surveying- and fixing grade lines. Manner of constructing sidewalks. Notice to lot owners. Default—construction by city. Issue and collection of warrants. Report to county treasurer. Duties of treasurer. Be it ordained by the City Council of the City of Mendota : Section 1. Sidewalks to be built by sfecial taxa¬ tion. All sidewalks hereinafter constructed within the city of Mendota,along or upon any street,alley, or part thereof, unless otherwise specially ordinanced,shall be constructed by special taxation of the lot, lots, pacel, or parcels of land in front of and adjoining which such sidewalk shall be constructed, the total cost of that 201 REVISED ORDINANCES. portion of such sidewalk in front of and adjoining- such lot or parcel of land. Sec. 2. Description of sidewalks. All sidewalks hereinafter constructed, unless otherwise specially or- dinanced, shall be constructed of brick, stone, concrete, or tile, of the best material. SEC 3. Passage of special ordinance. That be¬ fore any such sidewalk shall be constructed by order of the city council, there shall be a special ordinance passed by the city council,specifying the location, width, and length of such sidewalk. Sec. 4. Surveying' and fixing grade lines. It shall be the duty of the superintendent of streets, within twenty days after the passage of any such special ordinance providing for the construction of any sidewalk, to have the line of such sidewalk surveyed and the grade-line thereof established and plainly and truly designated and marked. Sec. 5. Manner of constructing sidewalks . That whenever any such special ordinance shall have been passed, providing for the construction of a side¬ walk, such sidewalk shall be constructed in the follow¬ ing manner: The surface of the ground upon which such sidewalk is to be laid shall be graded by excavat¬ ing and filling so as to make a smooth surface for the bed of such sidewalk, that a layer of gravel and cind¬ ers, or other suitable material, four inches in depth shall be. placed oyer the surface thus graded; that upon such gravel, cinders or other suitable material, shall be placed a layer of good hard brick, stone, concrete, or tile to be laid with their longest dimensions diagonally across the line of such sidewalk, such brick, stone, concrete,or tile to be well swept and tamped with sand so as to fill up all the creyices and 202 revised ordinances. make a smooth, solid, and firm sidewalk, said walk to be fastened both on the inside and outside with a curb of brick, stone,or tile set on edge, and said walk shall have a general inclination toward the gutter of one inch to every three feet, with a convexity of one-half an inch at the center. Sec. 6. Notice to lot owners. It is hereby made the duty of the superintendent of streets, within ten days after he shall have caused the line of such sidewalk to be surveyed and the grade line thereof established, as provided in section 4 hereof, to serve a written or print¬ ed notice upon the owners or occupants of each lot or parcel of ground in front of which such sidewalk is to be constructed, if he or she can be found in the city, to the effect that he or she is required to construct a sidewalk in front of such lot or parcel of land, in accor¬ dance with the specification of this ordinance, within thirty days of the date of said notice, and in default thereof that said sidewalk will be entirely constructed by the city of Mendota, and the total cost thereof, in¬ cluding grading materials and laying down, charged up against such lot or parcel of laud. Sec. 7. Default — construction by city . In case of the default of any lot or land owner or owners to con¬ struct their sidewalks as required by the notice pro¬ vided for in the foregoing section, said materials shall be furnished and sidewalk constructed by said city and the total cost thereof, including grading, materials,and the laying down, taxed and charged against such lot or parcel of land as provided in section 1 of this ordinance; that said superintendent shall have general supervision of the construcrion of such sidewalks, and in case the same is constructed by the city, it is hereby made his duty, within fifteen days after said city shall have so REVISED ORDINANCES. 203 constructed any such sidewalk in front of any such lot or parcel of land, to furnish the city clerk, to be filed in his office, a bill of the cost thereof, including- the grading - , the materials, and laying- down of any such sidewalk in front of such lot or parcel of land, show¬ ing in separate items the cost of the grading,materials and laying down, together with a description of such lot or parcel of land, and the name of the owner or owners thereof, if the same is known to said superin¬ tendent, which said bill of costs shall be duly certified to by said superintendent of streets. Sec. 8. Issue and collection of warrants . That upon the filing of any such bill of costs in the office of said city clerk, as provided in the foregoing section, the said clerk shall proceed to prepare a special tax list against said lot, lots, or parcels of land, setting forth the amount of special tax to be charged against said lot, lots, or parcels of land on account of the construc¬ tion of said sidewalk, which said special tax list shall be filed in the office of the said clerk; the said clerk shall thereupon issue a warrant, directed to the city marshal, who is hereby made a special collector to col¬ lect all such special taxes, for the collection of such special tax, and the said marshal shall proceed to col¬ lect said warrant by calling upon the owners of such lot or parcel of land, if he or she can be found in said city, and inform him or her of such special tax, the amount thereof, and make demand for the same, and within sixty days from the date of such warrant make return thereof, together with all the moneys collected thereon, to said clerk, and in case the owner on owners named in said warrant cannot be found, or refuse to pay such special tax or any part thereof, such officer shall return said warrant endorsed “Owner not found,” 204 REVISED ORDINANCES. or “Paynent refused,” as the case may be. All moneys so collected by said marshal and turned over to said clerk, shall by said clerk .be immediately turned over to the city treasurer. Sec. 9. Report to county treasurer. Upon the failure to collect any special tax, as hereinbefore pro¬ vided, or any part thereof, it shall be the duty of said clerk, within thirty days from the time of the return of the warrant for the collection of said special tax as provided in the foregoing-section, to make report under oath in writing to the county treasurer of LaSalle county, of all the lots or parcels of land upon which such special tax shall be so unpaid, the name or names of the owner or owners thereof, together with the amount due and unpaid upon each and every such lot and par¬ cel of land, and accompanying the same with a certified copy of such special ordinance; said report to be made in the manner and form required by law in such case made and provided. Sec. 10. Duties of treasurer. When said county treasurer shall receive the aforesaid report, he shall at once proceed to obtain judgment against said lot or parcel of land for said special tax remaining due and unpaid, in the same manner as may be provided by law for obtaining judgments against lands for taxes due and unpaid the county and state, and shall in the same manner proceed to sell the same for the said special tax due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of the state, except when otherwise provided, and said general laws shall also be applicable to the execution of certificates of sale, and deeds thereon, and the force and effect of such sales and deeds; and all other laws in relation to the enforce- REVISED ORDINANCES. 205 ment and collection of taxes, and redemption from tax sales shall be applicable to proceedings to collect such special tax. CHAPTER XXXIII. STREET —SPECIAL ASSESSMENTS. Section. 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21 . 22 . 23 . 24 . 25 . 26 . 27 . 28 . 29 , How made. Special ordinance. Commissioners to estimate costs. Report—approval-*order for petition. Petition. Appointment of commissioners—oath. Duty of commissioners. Assessment roll. Notice of assessment—posting- and publication. Proof of notice. Continuance when notice not in time. Objections to report—default. Hearing-—further evidence—jury. Assessment modified, recommitted or annulled. Judg-ment several —appeal—lie n. Collection—judgment certified to the city clerk. Form of warrant. Collector’s notice—form. Collector’s demand—entry of payment. Report of delinquent list to county collector. Report to be evidenced—defense. Application for judgment — sale — revenue laws to govern. Return of sales—redemption. Paying over—compensation. General revenue laws to apply. City may buy in. Vacation of assessment—new assessment. Supplemental assessment. New assessments against delinquents —lien—limitation 206 REVISED ORDINANCES. 30. Contracts payable from assessments—lien limited to fund collected. 31. Letting- contracts—approval. 32. Lien of assessment. Be it ordained by the City Council of the City of Mendota: Section 1. How made. That hereafter the total cost and expense of paving- streets and alleys within the city of Mendota shall be borne and defrayed by special assessment. Sec. 2. Special ordinance. Whenever any street or alley is to be paved the city council shall pass an ordinance to that effect, specifying- therein the nature, character, locality, and the materials with which such street or alley shall be paved. Sec. 3. Commissioners—estimate costs. When¬ ever any special ordinance shall have been passed as provided in the foreg-oing- section, it shall be the duty of the city council to appoint three of its members, who shall make an estimate of the costs of the paving- as contemplated by such special ordinance, including- labor, materials, and all other expenses attending- the same, and the cost of making- and levying- the assess¬ ment, and shall report the same in writing- to the city council at the next reg-ular meeting- after their said ap¬ pointment. Sec. 4. Report — approval—order for petition. On such report being- made, and approved by the city council, it is hereby made the duty of the city attorney to file a petition in the County Court of Iva Salle county for proceeding's to assess the cost of the paving- men¬ tioned in such special ordinance. Sec. 5. Petition. The petition shall be in the name of the city of Mendota, and shall recite the ordin- REVISED ORDINANCES. 207 ance for the proposed improvement and the report of the commission, and shall pray that the cost of such improvement may be assessed in the manner prescribed by law. Sec. 6. Appointment of commissioners — oath. Upon the filing' of such petition the court shall appoint three competent persons as commissioners, who shall respectively take and subscribe to the oath prescribed by law. Sec. 7. Duty of commissioners. It shall be the duty of such commissioners to examine the locality where the paving is proposed to be made, and the lots, blocks, tracts, and parcels of land that will be specially benefited thereby, and to estimate what proportion of the total costs of such improyement will be a benefit to the public, and what proportion thereof will be a benefit to the property to be benefited, and apportion the same between the city and such property, so that each shall bear its relative equitable proportion; and having found said amounts, to apportion and assess the amount so found to be a benefit to the property upon the several lots, blocks, tracts, and parcels of land in the proportion in which they will be severally benefit¬ ed by such improvement: Provided , that no lot, block, tract, or parcel of land shall be assessed a greater amount than it will be actually benefited. Sec. 8. Assessment roll — return. They shall also make, or cause to be made, an assessment roll, in which shall appear the names of the owners, so far as known, a description of each lot, block, tract, or parcel of land, and the amount assessed as special benefits thereto, and in which they shall set down against the city the amount they shall have found as public bene¬ fits, and certify such assessment roll to the County 208 REVISED ORDINANCES. Court at least ten days before the first day of the term at which a final hearing- thereon shall be had. Sec. 9. Notice of assessment by mail—fosting and fublication. It shall be the duty of such commissioners to give notice of such assessment, and of the term of court at which a final hearing- thereon will be had, in the following- manner: First: They shall send by mail to each owner of premises assessed, whose name and place of residence is known to them, a notice substantially in the follow¬ ing form: Mr.Your (here give a short description of the premises), is assessed $ .. . . for public improvement. The assessment roll will be returned to the.term of the County Court of LaLalle county. (Here give date.) Commissioners. Second: They shall cause at least ten days’ notice to be given by posting notices in at least four public places within the city of Mendota two of which shall be in the neighborhood of the proposed paving, and shall publish the same at least two successive weeks in some newspaper published weekly within said city. The notice shall be substantially as follows: % Special Assessment Notice. Notice is hereby given to all persons interested, that the city council of the city of Mendota having ordered that (here insert a de¬ scription and nature of the improvement substantially as in special ordinance), the ordinance for the same being on file in the office of the county clerk, have applied to the County Court of La Salle county for an assessment of the cost of said improvement according to bene- REVISED ORDINANCES. 209 fits; and an assessment thereof having- been made and returned to said court, the final hearing- thereon will be had at the. term of said court, commencing- on the.day of . .. .. .A. d. 18 .... All persons desiring- may then and there appear and make their defence. (Here g-ive date). Commissioners. Sec. 10. Proof of notice. On or before the final hearing*, the affidavit of one or more of the commision- ers shall be filed in said court, stating* that they have sent, or caused to be sent, by mail to the owners whose premises have been assessed, and whose name and place of residence are known to them, the no¬ tice hereinbefore required to be sent by mail to owners of premises assessed. They shall also cause to be filed the affidavit of the person who shall have posted the notices required by this ordinance to be posted, setting* forth when and in what manner the same were posted. Such affidavits shall be received as frimafacie evidence of a compliance with this ordinance in reg*ard to giving* such notices. They shall also file a certificate of pub¬ lication of said notice in like manner as is required in other cases of publication of notices. \ Sec. 11. Continuance when notice not in time. If ten days shall not have elapsed between the first pub¬ lication or the putting* up of such notices and the first day of the next term of such court, the hearing* shall be continued until the next term of court. Sec. 12. Objections to report — default. Any per¬ son interested in any real estate to be affected by such assessment may appear and file objections to such re¬ port, and the court may make such order in reg*ard to 210 REVISED ORDINANCES. the time of filing - such objections as may be in cases of law in regard to the time of filing pleas. As to all lots, blocks, tracts, and parcels of land to the assessment of which objections are not filed within the time ordered by the court, default may be entered and the assessment confirmed by the court. Sec. 13. Hear big' —further evidence—jury. On the hearing - , the report of the commissioners shall be competent evidence, and either party may introduce such other evidence as may t*md to establish the right of the matter. The hearings shall be conducted as in other cases of law, and if it shall appear that the premi¬ ses of the objector are assessed more or less than they will be benefitted or more or less than their proportion¬ ate share of the costs of the improvement,the jury shall so find, and also find the amount for which such premi¬ ses ought to be assessed, and judgment shall be ren¬ dered accordingly. Sec. 14. Assessment modified, recommitted or an¬ nulled, The court before which any such proceedings may be pending shall have authority, at any time be¬ fore the final judgement, to modify, alter, change, annul,or confirm any assessment returned as aforesaid, or cause any such assessment to be recast by the same commissioners, whenever it shall be necessary for the attainment of justice, or may appoint other commis¬ sioners in the place of all or any of the commissioners •first appointed, for the purpose of making - such assess¬ ment, or modifying, altering, changing, or recasting the same, and may take all such proceedings and make all such orders ns may be necessary to make a true and ■just assessment of the cost of such improvement ac¬ cording to law, and may, from time to time, as may be REVISED ORDINANCES. 211 necessary, continue the application for that purpose as to the whole or any part of the premises. Sec. 15. Judgment several — appeal — lien. The judgment of the court shall have the effect of a several judgment as to each tract or parcel of land assessed, and any appeal from such judgment or writ of error shall not invalidate or delay the judgment, except as to the property concerning which the appeal or writ of error is taken. Such judgment shall be a lien upon the property assessed from the date thereof until pay¬ ment shall be made. Sec. 16. Collection—judgment certified to the city clerk. The clerk of the court in which said judgment is rendered shall certify the assessment roll and the judgment to the city marshal, or, if there has been an appeal or writ of error taken on any part of such judg¬ ment, then he shall certify such part of the judgment as is not included in such appeal or writ of error, and such certificate shall be filed in his office by the officer receiving the same. The clerk shall file such assess¬ ment roll and judgment in his office, and issue a war¬ rant for the collection of such assessment. Sec. 17. Form of warrant. The warrant in all cases of assessment under this act shall contain a copy of such certificate of the judgment, describing the lots, blocks, tracts, or parcels of land assessed, and the re¬ spective amounts assessed on each lot, block, tract, or parcel of land, and shall be delivered to the city mar¬ shal, who is hereby authorized and required to collect such special assessment Such warrant shall give sufficient authoritv to collect the assessments therein specified. Sec. 18 Collector's notice — form. The collector receiving such warrant shall immediately give notice 212 REVISED ORDINANCES. thereof by publishing - such notice in one or more news¬ papers published in the city of Mendota. Such notice shall be substantially in the following - form: Special Assessment Notice. SPECIAL WARRANT NO. / . . Public notice is hereby given that the County Court has rendered judgment for a special assessment upon property benefited for the following improvements, (here insert the character and location of the improvement, in general terms), as will more fully appear from the certified copy of the judgment on file in the office of the clerk of the County Court; that a warrant for the collection of such assessment is in the hands of the undersigned. All persons interested are here¬ by notified to call and pay the amount assessed at the collector’s office (here insert the location of office), within thirty days from the date hereof. Dated this.day of. a. d. 18 .Collector. Sec. 19. Collector s demand*— entry of payment. It shall be the duty of the collector into whose hands the warrant shall so come, as far as practicable, to call upon all persons, residents within the corporation, whose names appear upon the assessment roll, or the occupants of the property assessed and personally, or by written or printed notice left at his or her usual place of abode, inform them of such assessment, and request payment of the same. Any such collector omitting - so to do shall be liable to a penalty of ten dollars for every such omission, but the validity of the special assessment, or the rig-ht to apply for and obtain judg-ment for any such special assessment, shall not be affected by such omission. It shall be the duty of such collector to write the word “Paid” opposite each tract or lot on which the assessment is paid, to- REVISED ORDINANCES. 213 gether with the name and postoffice address of the person making - the payment, and date of payment. Sec. 20. Report of delinquent list to county col¬ lector. It shall be the duty of the collector of special assessments, within sixty days after the warrant shall come into his hands, to make a report in writing to the county collector of La Salle county of all the lands, town lots, and real property on which he shall have been unable to collect special assessments, with the amount of special assessment due and unpaid thereon, together with his warrant, or with a brief description of the nature of the warrant or warrants received by him authorizing the collection thereof, which report shall be accompanied with the oath of the collector that the list is a correct return and report of lands, town lots, and real property on which the special assess¬ ments levied by authority of the city of Mendota re¬ main due and unpaid, that he is unable to collect the same or any part thereof, and that he has given the notice required by law that said warrants had been received by him for collection. Sec. 21. Report to be evidence — defense. Said report, when so made,shall be prima facie evidence that all the forms and requirements of the law in relation to making said return have been complied with, and that the special assessments mentioned in said report are due and unpaid. And upon the application for judgment upon such assessment, no defense or objec¬ tion shall be made or heard which might have been interposed in the proceeding for the making of such assessment or the application for the confirmation thereof. Sec. 22. Application for judgment — sale—revenue lazes to govern. When said county collector shall re- 214 REVISED ORDINANCES. ceive the report provided for in the preceding’ section, he shall proceed to obtain judgment against said lots, parcels of land, and property, for said special assess¬ ment remaining* due and unpaid, at the same time and in the same manner as is or may be by law provided for obtaining judgments against lands for taxes due and unpaid the county and state; and shall, in the same manner, proceed to sell the same for the said special assessment remaining due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of this state, except when otherwise provided herein. No application' for judgment against lands for unpaid special assessments shall be made at a time different from the annual application for judgment against lands upon which general taxes remain due and unpaid. The application for judgment upon delinquent special assessments in each year shall include only such special assessments as shall have been returned as delinquent to the county collector on or before the first day of April in the year in which such application is made. Sec. 23. Return of sales—redemption . After mak¬ ing said sales, the lists of lots, parcels of land, and property sold thereat shall be returned to the office of the county clerk, and redemption may be made as pro¬ vided for by the general revenue laws of this state. Sec. 24. Paying over — compensation. The col¬ lector or collectors,and the county collector aforesaid, to whom the said warrant shall be returned, shall pay over to the city treasurer, and shall be allowed such compensation for their services in the collection of such assessment as the city council may hereafter prescribe. Sec. 25. General revenue lazes to apply. The general revenue laws of this state in reference to pro- REVISED ORDINANCES. 215 ceedings to recover judgments for delinquent taxes, the sale of property thereon, the execution of certifi¬ cates of sale and deeds thereon, the force and effect of such deeds and sales, and all other laws in relation to the enforcement and collection of taxes and redemption from tax sales, except as herein otherwise provided, shall be applicable to proceedings to collect such special assessment. Sec. 26. City may buy in. The city of Mendota, when interested in the collection of any tax or special assessment, may become a purchaser at any sale of real or personal property to entorce the collection of the same, and it is hereby made the duty of the city attor- to attend such sales and bid thereat in behalf of the city of Mendota. Sec. 27. Vacation of assessment—new assessment. If any assessment shall be annulled by the city council or set aside by any court, a new assessment shall be made and returned and like notice given and proceed¬ ings had as herein required in relation to the first; and all parties in interest shall have the like rights and the city council and court shall perform like duties and have like power in relation to any subsequent assess¬ ment as are hereby given in relation to the first assess¬ ment. Sec. 28. Supplemental assessment. If, in any case, the first assessment prove insufficient, a second may be made in the same manner, as nearly as may be, and so on, until sufficient moneys shall have been re¬ alized to pay for such public improvement. If too large a sum shall at any time be raised,the excess shall be refunded ratably to those by whom it was paid. Sec. 29. New assessments against delinquents — lien—limitation. If, from any cause, the city shall fail 216 REVISED ORDINANCES. to collect the whole or any portion of any special asses- ment which may be levied, which shall not be cancelled and set aside by the order of any court, for any public improvement authorized to be made and paid for by special assessment, the city council, at any time with¬ in five years after the confirmation of the original as¬ sessment, may direct a new asssessment to be made upon the delinquent property for the amount of such deficiency, and interest thereon from the date of such original assessment; which assessment shall be made, as near as may be, in the same manner as herein pre¬ scribed for the first assessment. In all cases where partial payments shall have been made on such former assessment, they shall be credited or allowed on the new assessment to the property for which they were made, so that the assessment shall be equal and im¬ partial in its results. If such new assessments prove ineffectual, either in whole or in part, the city council may, at any time within said period of five years,order a third, and so on, to be levied in the same manner and for the same purpose; and it shall constitute no legal objection to such assessment that the property may have changed hands or been incumbered subsequent to the date of the original assessment, it being the true intent and meaning of this section to make the costand expense of all public improvements, to be paid for by special assessments charge upon the property assessed therefor, for the full period of five years from the con¬ firmation of the original assessment, and for such lon¬ ger period as may be required to collect, in due course of law, any new assessment ordered within that period. Sec. 30. Contract payable from assessments — lien limited to fund collected. All persons taking any contracts with the city of Mendota and who agree to REVISED ORDINANCES. 217 be paid from special assessments, shall have no claim or lien upon the city in any event except from the col¬ lection of the special assessments made for the work contracted for. Sec. 31. Letting’ contracts — approval. All con¬ tracts for the paving” of streets or improving the same, to be paid for by special assessment under the provis¬ ions of this ordinance, when the expense thereof shall exceed $200.00, shall be let to the lowest responsible bidder, in accordance with the contract ordinance in force within said city of Mendota. Sec. 32. Lien of assessment. All special assess¬ ments levied by the city of Mendota under the pro¬ visions of this ordinance shall, from the date of assess¬ ment, be a lien upon the real estate upon which the same may be imposed, and such lien shall continue un¬ til such special assessments are paid. And the same proceedings may be resorted to by the collector, upon any warrant or order issued or made for the collection of special assessment, as in the case of the collection of state and county taxes under the general laws of the state. 218 REVISED ORDINANCES. CHAPTER XXXIV. streets, aeeeys, sidewaeks, and public grounds Section 1. 2 . 3. 4. 5. 6 . 7. 8 . 9. 10 . 11 . 12 . 13. 14. 15. 16. 17. 18. 19. 20 . 21 . 22 . 23. 24. 25. 26. Excavation of streets, etc , prohibited—penalty. Filling- up excavations—repairing- streets—penalty. Leaving- excavations unprotected—penalty. Removing- earth from streets, etc.-—penalty. Fencing streets, etc.—penalty. Obstructing streets, etc., with building material—pen¬ alty. Removal of encroachments on streets, etc. Moving buildings through streets—permission—pen¬ alty. Obstructing streets, etc.—penalty. Blockade of streets by teams Casting ashes, etc., in streets prohibited—penalty. Casting coal, etc., on sidewalk—penalty. Guard for steps, cellar-ways, etc. Encumbering sidewalks with goods, signs, etc. Encumbering outside of walk—delivering goods. Leaving teams so as to obstruct sidewalk —penalty. Animal running on sidewalk, etc.—penalty. Barb wire fences prohibited. Cellar doors to be kept closed. Awnings—how constructed—penalty. Advertising by outcry on streets prohibited—penalty. Sales on streets prohibited—penalty. Construction of foregoing sections. Telephone and telegraph poles. Coal holes. Keep wall under sidewalk in repair. Be it ordained by the City Council of the City of Mendota: Section 1 . Excavation of streets, etc., ^prohibited — ■'penalty. No person, unless authorized by the city council or by ordinance, shall make any excavation in any street, avenue, alley, sidewalk, or public ground REVISED ORDINANCES. 219 within the city of Mendota, without first obtaining" the permission of the mayor or the superintendent of streets so to do. Any person violating" this section shall be fined in a sum not less than five dollars nor more than fifty dollars for each offense. Sec. 2. Filling-up excavation —repairing' street — penalty. Any person making", or causing" to be made, any excavation or ditch, for any purpose, in any street, alley, avenue, or sidewalk, by permission of the mayor or superintendent of streets or under the ordinances of said city, shall, without unnecessary delay, cause the same to be filled up to the proper level of the street, avenue, alley, or sidewalk, so that the surface thereof conforms to the proper level of grade. Any person taking" up or removing" any paved street, avenue, alley, or sidewalk, or any bridge or culvert, for any purpose, or negligently breaking or injuring the same, shall without delay cause the same to be repaired and placed in the same condition as before the breaking or injury thereof. Whoever shall violate or fail to comply with the requirements of this section, shall be fined in a sum not'less than five dollars nor more than one hun¬ dred dollars for each offense. Sec. 3. Leaving excavation unprotected — penalty . Any contractor for any public work, or any officer or other person, making any excavation in any street, avenue, alley, or sidewalk of the city, who shall leave the same open and unprotected by lights or otherwise in the night time, so as to endanger the safety of per¬ sons or animals passing thereby from falling therein, shall be liable to a fine of not less than ten dollars or more than two hundred dollars for every such neglect. Sec. 4. Removing earth from street, etc. — penalty. Whoever shall, for any private purpose, dig, remove, or 220 REVISED ORDINANCES. carry away any earth, gravel, or sod from any street, avenue, alley, or public ground, without the express permission of the city council or of the street and alley committee thereof, shall forfeit and pay a penalty of one dollar for each and every load so removed and carried away; and any officer of the city who shall use, sell, or dispose of any earth, gravel, or sod from any street, avenue, alley, or public ground, for his own private gain or benefit, shall be subject to a penalty of not less than twenty-five dollars nor more than one hundred dollars for each offense. Sec. 5. Fencing street, etc. — penalty. No person shall make, or cause to be made, any inclosure, fence, bridge, arched-way, or building of any kind extending upon, over, or across any street, avenue, alley, or side¬ walk within said city, under a penalty of not less than ten dollars nor more than one hundred dollars for each offense, and a further penalty of five dollars for every day that he shall allow such inclosure, fence, bridge, or building to remain, after being notified to remove the same by the superintendent of streets or police officer. Sec. 6. Obstructing streets, etc., zuith building material — 'penalty. No contractor, builder, or other person shall encumber any street, alley, or sidewalk in the city with building or other like materials, without a written permit from the mayor therefor; nor shall, in any case, encumber or obstruct more than one-third of any street or alley, or one-half of any sidewalk; nor shall such obstruction continue in any case longer than may be necessary in the diligent erection of such build¬ ing, or the prompt execution of the work. Whoever shall violate any provision of this section shall be sub¬ ject to a fine of not less than five dollars nor more than REVISED ORDINANCES. 221 fifty dollars, and to a further fine of three dollars for each day after the first conviction that he shall con¬ tinue in such violation. Sec. 7. Removal of encroachments on streets , etc . The owner of any building - , fence, or of any struc¬ ture or inclosure, already erected or built, extending into or encroaching upon any street, avenue, alley, or sidewalk, within the city, who shall not remove the same within thirty days after being notified in writing to do so by the street superintendent, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars, and to a further fine of ten dollars for every day, ^fter the first conviction, that he shall fail or refuse to comply with such notice. SEC. 8. Moving building through streets — per - mission—penalty. No person shall remove, or cause to be removed, any building through or along any street, avenue, or alley of the city, without a written permit from the mayor therefor, nor shall, in removing such building, unnecessarily encumber or obstruct any street, avenue, or alley, nor for a longer time than may be necessary in the prompt and diligent removal there¬ of, under a penalty of ten dollars for each offense, and a further penalty of five dollars for every day that such building shall unnecessarily remain upon any street, avenue, or alley. Sec. 9. Obstructing streets, etc. — penalty. Who¬ ever shall place, throw, or leave, or shall cause to be placed, thrown, or left, any obstruction or encumbrance in or upon any street, avenue, or alley, except as authorized by ordinance, shall be liable to a fine of not less than three dollars nor more than twenty dollars, and to a further fine of one dollar for every two hours that he shall not remove such obstruction or encum- ‘ ET i . : • ■* - • - * * 222 REVISED ORDINANCES. brance, after being' notified to do so by the superin¬ tendent of streets or any member of the police force. ’ Sec. 10. Blockade of streets by teanis. When any street, avenue, or alley shall be obstructed by a press of teams, vehicles, animals, or persons, the mayor, or any police officer of the city, may give such orders and directions as shall be deemed necessary to abate the obstruction; and whoever shall neglect or refuse to obey such orders or directions shall be subject to a penalty of three dollars. Sec. 11. Casting' ashes, rubbish , etc ., in streets, etc., prohibited — penalty. No person shall throw, place, or leave, or cause or permit to be thrown-, placed, or left, any ashes, dirt, filth, or rubbish in or upon any street, avenue, alley, or sidewalk of said city, in front of or adjoining any building or premises owned or occupied by him or subject to his control, under a pen¬ alty of not less than two dollars nor more than ten dollars in each case; and a further penalty of one dol¬ lar for every two hours that such person shall permit such ashes, dirt, filth, or rubbish to remain, after notice to remove the same by the superintendent of streets, the health committee or any policeman. Sec. 12. Casting coals, etc., on sidezvalk — penalty. Whoever shall throw, place, or leave any live coals or fire, or make or kindle anv fire upon any sidewalk, or upon any planked street or alley, or plank street cross¬ ing, or causes, suffers, permits, or directs the same to be done, shall be subject to a penalty of not than five dollars nor more than one hundred dollars, and shall also be liable for all damages or injury caused there¬ by. The costs of repairing any such damage or injury may be recovered with the penalty or in a separate suit in the name of the city. REVISED ORDINANCES. 223 Sec. 13. Guards for steps, cellar-zuays, etc. No steps, platform or other fixture shall extend into or up¬ on any sidewalk or alley in said city more than three feet; and all stairs or steps encroaching- upon any side¬ walk or alley and leading- to the upper story of any building-, shall be securely fastened to the wall of such building- and supported without posts or pillars. No open cellar or basement way shall be permitted to ex¬ tend into any sidewalk more than three feet, and in all cases be well protected with a substantial iron railing with a gate at the entrance,around the same; nor shall any closed cellar or basement way extend into or upon any sidewalk more than five feet, nor into any alley more than four feet ; nor shall the door or grating of any such closed cellar or basement way extend above the grade of the sidewalk,nor exceeding one inch above the grade of the alley ; nor shall the hinges, lock or other fastenings thereof be placed on the upper side of the same so as to project above the door, unless within two and one-half feet of the building ; and all cellar windows or coal-holes in any sidewalk or alley, shall be set or placed even with the grade of such side¬ walk or alley, and be well secured with iron or other suitable gratings. Whoever shall violate or fail to comply with any of the requirements of this section, shall be subject to a penalty of not less than three dol¬ lars nor more than twenty-five dollars for each offense, and to a further penalty of three dollars for each day he shall fail or refuse to comply herewith, after notice to Do so by the mayor or street superintendent. Sec. 14. Encumbering- sidewalk with goods, signs, etc. Whoever shall, in said city, place, set, or hang out, over or upon any sidewalk, any goods, wares, or merchandise except within three feet of the building 224 REVISED ORDINANCES. or premises owned or occupied by him ; or whoever shall place, erect, or suspend any sigm, flag - , banner, show-case, or other fixture projecting - into or hangnng - over any sidewalk exceeding - three feet from the build¬ ing - or premises owned or occupied by him, or shall cause or knowingdy permit the same to be done, in front of or adjoining - house or premises owned or occupied by him, under his control, shall be subject to a penalty of three dollars for each offense, and to a like additional penalty of every day he shall allow such gfoods, mer¬ chandise, sigms, or fixtures to remain after being - noti¬ fied to remove the same by the street superintendent or any member of the police force. Sec. 15. Encumbering ■ outside of walk — deliver¬ ing' goods. No person shall encumber or obstruct more than three feet of the outer edg - e of any sidewalk with any g-oods, merchandise, fuel, or other articles he may be receiving - or delivering - ,nor shall he permit the same to remain upon any sidewalk longfer than may be neces¬ sary in the dillig-ent removal thereof, nor in any case to exceed twenty-four hours, under a penalty of three dollars for each offense, and a further penalty of one dollar for every two hours he shall permit any such en¬ cumbrance or obstruction to remain after being - notified to remove the same by the street superintendent or any member of the police force. Sec. 16. Leaving'team so as to obstruct sidewalk — penalty. Whoever shall stop, fasten, or leave any team, or any animal in such a manner as that the same, or any vehicle attached thereto, shall be an obstruction to any sidewalk in said city, shall incur a penalty of not exceeding - three dollars for each and every such offense. Sec. 17 A nimal running' on sideiucdk , etc. — penal¬ ty , Whoever shall lead, ride, or drive any horse, mule, ' REVISED ORDINANCES. 225 cow, or other animal upon, over,or across any sidewalk, or lawn within the curb line of any sidewalk in said city,except at the entrance of some building- or lot where no suitable crossing- is provided; or whoeyer shall suffer or permit any such animal, or any vehicle thereto attached, to be or remain on any such sidewalk, or lawn, to the obstruction of travel thereon, or otherwise, shall be subject to a fine of not less than two dollars nor more than ten dollars for each and every offense. Sec. 18. Barb wire fences prohibited . That it shall be unlawful for any person to build or construct, or to cause to be built or constructed, any barb wire fence, or fence of which barb wire is a part, along- any street,alley, public walk or drive, or throug-h, along, or around any public park. Any person violating this section shall be fined in a sum not less than three nor more than twenty dollars for each offense, and a further sum of five dollars for each twenty-four hours that such person shall suffer or permit such fence to remain, after having been notified by the city marshal or any member of the police force to remove the same. Sec. 19. Cellar doors to be kept closed—penalty. No person shall keep or leave open any cellar door or grat¬ ing of any vault on any sidewalk in front of the prem¬ ises occupied by him or her, or suffer the same to be left open, under a penalty of not less than five nor more than fifty- dollars for each offense. Sec. 20. Awnings—hozu constructed—penalty. All awnings shall be elevated at least seven feet at the lowest part thereof above the top of the sidewalk, and shall not project over the sidewalk to exceed three- fourths of the width thereof, and shall be supported without posts by iron brackets or by an iron frame¬ work attached firmly to the building so as to leave the 226 REVISED ORDINANCES. ' sidewalk wholly unobstructed thereby. Any per¬ son violating- the provisions hereof shall be fined in a sum not less than three nor more than twenty-five dol¬ lars for each offense, and a further sum of five dollars for each twenty-four hours that such person shall per¬ mit any awning- to remain after notice to remove the same. Sec. 21. Advertising by outcry on streets pro¬ hibited — penalty. No person or persons shall by him¬ self or herself, his, her, or their agent, employe,clerk, or servant, upon any street, alley, or sidewalk within the city of Mendota, proclaim, pronounce, or advertise, by outcry or by the ringing- of any bell or the blow¬ ing of any horn or the beating of any drum, his, her, or their business. Any person violating any of the provisious of this section shall be fined not more than one hundred dollars for each offense. Sec. 22. Sales on streets prohibited — penalty. No person shall be allowed to sell at auction or public out¬ cry, nor to erect or occupy a stand of any kind for the purpose of making sales, upon any of the streets,alleys, avenues, sidewalks, crossings,or other public places in said city, nor shall any person be permitted to sell from any carriage, buggy, or other vehicle, upon any of the streets, alleys, avenues, sidewalks, crossings, or other public place in said city, except as hereinafter provided, under a penalty of ten dollars for each offense. Sec. 23. Construction of foregoing section. The foregoing section shall not be so construed as to apply to any person or persons coming into the city from the country with teams or otherwise with any produce for market, or to any person selling vegetables, berries, bread, cakes, pies, fruit, candies, milk, wood, hay, or other farm produce; nor shall the same be construed,as REVISED ORDINANCES. 227 to make it a penal offeuse to peddle newspapers, nor to apply to judicial sales or to persons selling* under a license: Provided , that farmers or others selling* under the provisions of this section, or persons selling- under the license ordinance, shall not occupy a stand upon any sidewalk, alley, or crossing*, nor within a space of ten feet of any such sidewalk or crossing* upon any street or public square; nor shall they allow their stand, wag*on,or other vehicle from which they may be selling* to remain in front of any person’s place of busi¬ ness without the consent of the occupant of such place of business, nor so as to obstruct the convenient travel of the street. Sec. 24. Telegraph poles , die. N o per¬ son or corporation shall set or cause to be set any telegraph, telephone, electric lig*ht,or other poles upon any street or alley within the city of Mendota, or string* or hang* any wire along* or across any street or alley, unless authorized so to do by the city council, under a penalty of ten dollars for each offense. Sec. 25. Coal holes , That each and every per¬ son using* any part of the sidewalk for coal holes or any other purpose, shall keep the same in g*ood repair, and any person who shall suffer the same to be out of re¬ pair or unsafe, shall be liable to a fine of not less than three dollars nor more than one hundred dollars. Sec. 26. Keep wall under sidewalk in repair . That every person owning* property abutting* any side¬ walk, the space under said sidewalk being used for a vault or any other purpose,shall keep the wall under said sidewalk in good repair and any person who shall suf¬ fer the same to be out of repair, shall be subject to a fine not exceeding one hundred dollars, and a further sum of five dollars for each twenty-four hours that any 228 REVISED ORDINANCES. person shall permit any such wall to be out of repair after notice to repair the same. Sec. 27. Repeal. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed. CHAPTER XXXV. WARDS AND BOUNDARIES. Section 1. 2 . 3 . 4 . 5 . Division of city into wards. Boundary of First Ward. Boundary of Second Ward. Boundary of Third Ward. Boundary of Fourth ward Be it ordained by the City Council of the City of Mendota : Section 1 . Division of the city into wards. The city of Mendota shall be and is, hereby, divided into four wards, which are designated as the First,Second, Third, and Fourth as follows: Sec. 2. Boundary of First Ward. All of that portion of the city of Mendota lying north of the center of Washington street and west of the half section line shall be known as the first ward of said city. Sec. 3. Boundary of Secotid Ward. All of that portion of the city of Mendota lying south of the center of Washington street and west of the Illinois Central railroad shall be known as the second ward of said city. Sec. 4. Boundary of Third Ward. All that por¬ tion of the city of Mendota lying south of the center of Sixth street and east of the Illinois Central railroad, shall be known as the Third ward of said city. Sec. 5 Boundary of Fourth Ward. All that portion of the city of Mendota lying north of the center of Sixth street, and east of the half section line shall be known as the Fourth ward of said city. REVISED ORDINANCES. 229 CHAPTER XXXVI. WATER RATES. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . Application. Water rents—when paid. Consumers to keep their pipes in order. Fraudulen t representation—penalty. Consumer not to supply others—penalty. To permit committee to examine, etc. No alterations without permit—penalty. Notice to discontinue—when. Water taken from mains. Water not to be left running without permit. Interfering with hydrants—penalty. Right to shut off water—when, etc. Committee to enforce rules. Sprinkling season. Water rates. Be it ordained by the City Council of the City of Mendota : That the following- rules, regulations, and rates be established for the management of the water works in the city of Mendota, Illinois: SECTION 1. Application. All persons desiring to take water from the city of Mendota, must make ap¬ plication for the same to the water committee, setting forth all purposes for which said water will be used upon the premises so that they may be assessed ac¬ cording to the established rates, and also deposit with the City Treasurer $5.25 to pay for tap, cut-oif cock and box, and upon compliance with the above, if said premises are located on the line of any water main it shall be the duty of the proper authorities to make the tap and pipe to the sidewalk in front of said premises and put in cut-off cock and box. 230 REVISED ORDINANCES. Sec. 2. Water rents—when paid. Water rents must be paid semi-annually in advance, on the first day of May and November at the office of the city treasurer. Ten per cent, will be added if not paid within 10 days thereafter. SEC. 3. Consumers to keep their pipes in order. Persons taking water must do so at their own expense and must keep their service pipe, stop cock, and appa¬ ratus in good repair, protect them from frost and pre¬ vent all unnecessary waste of water. Sec. 4. Fraudulent"representation — penalty. In case of fraudulent representations on the part of the applicant, or unnecessary waste of water, or running garden, lawn, or street sprinklers at times other than are speci¬ fied in this ordinance,the payment will be forfeited and the supply of water shut off,and any person or persons proven guilty of such fraudulent representations or of such unncessary waste of water or running sprinklers contrary to this ordinance without written permission from the water committee shall forfeit and pay to the city of Mendota a fine not exceeding ten dollars. Sec. 5. Consumer not to supply others. No con¬ sumer shall supply other persons or families or suffer them to take water except for drinking on the premises under a penalty of five dollars for each and every offense. Sec. 6 . To permit committee to examine. Per¬ sons taking water shall at reasonable hours permit the aforesaid committee or their agent to enter their prem¬ ises and examine the manner in which the water is used. Sec. 7. No alteration without permit. No alter¬ ations shall be made in the pipes or water cocks with¬ out the permission of said committee. Any plumber or other person making additions or alterations with- REVISED ORDINANCES. 231 out permission shall be subject to a fine of twenty-five dollars for each offense. Sec. 8. Notice to discontinue. Persons wishing - to discontinue the water must give written notice thereof to the city clerk previous to the expiration of the time for which payment has been made or became due and remain unpaid, otherwise they will be liable for the rent for the ensuing - six months, arid in every case where the water has been cut off in pursuance of such notice or for cause, it shall not be turned on ag’ain until a penalty of $2.00 has been paid. Sec. 9. Water taken from mains. Water must be taken from the main-s in such manner as will occas¬ ion the least inconvenience to the public, and the streets and sidewalks must be restored to as g - ood condition as previous to excavation. Sec. 10. Water not to be left running-. The water must in no case be left running - except with the written permission of the water committee. Sec. 11. 1nterferring- with hydrants. No person shall open or interfere with the hydrants without per¬ mission of water committee or some officer of the fire department under a penalty of ten dollars for each offense. Sec. 12. Right to shut off water. In case of fire or an alarm of fire or in making - repairs or constructing - new work, the city reserves the rigffit to shut off the water and keep it shut off as long - as necessary, and the city reserves the rigffit to chang-e the water rates and rules. Sec. 13. Committee to enforce rules. The com¬ mittee on water of the city council will see that these rules are enforced. 232 REVISED ORDINANCES. Sec. 14. Sprinkling' season. The sprinkling' season for lawns, gardens, and streets, shall commence on the first day of May and close on the first day of November following, and the city reserves the right to shut off the water from all sprinklers from the first day of November until the first day of May each year. Persons having lawn privilege, may use the water two hours a day, but shall not be allowed to use the same after eight o’clock in the evening. All persons using fountains or sprinklers are required to immediately shut off the water upon an alarm of fire. Sec. 15. Water rents. In sprinkling streets and sidewalks each water taker shall confine himself to the front of his premises and one-half the width of the street thereof unless a special contract is made to use more water. Hose larger than three-fourths of an inch will not be permitted for such purposes except by a special contract. Sprinkling without nozzle or an opening greater than one-fourth of an inch is strictly forbidden. WATER RATES. Per annum Bakeries.$ 6 00 Beer, ale and soda bottling establishments. 10 00 Barber shops, one chair.• • • •. 2 00 Barber shops, each additional chair. 1 00 Billiard rooms, each room.. 4 00 Building- purposes per 1,000 brick, to be paid in advance. ... 10 Building- purposes plastering 100 yards, to be paid in advance 15 Building purposes stone per cord, to be paid in advance. 25 Banks... Butcher stalls from Blacksmith shops. per annum .$ 3 00 3 00 to 5 00 . 3 00 REVISED ORDINANCES. 233 Cisterns filled from.2 00 to 3 00 Churches free and the city will be to no expense for labor or material for furnishing- churches. Cigar manufactories. 5 00 Dental offices . 3 00 Plating houses. 5 00 Fountains 1-16 inch jet, season. 4 00 Fountains £ inch jet, season.;. 10 00 Family privilege, one faucet. 4 0^ Family privilege, each additional faucet. 1 00 Hotels from.25 00 to 50 00 Lawn sprinklers used in connection with fountain or family privilege. 3 00 When used separately. 5 00 Sprinkling streets, including sidewalk, per front for stores. . . 2 00 Ice cream saloons and bakeries.. 8 00 Livery, sale and feed stables including washing carriages, 12 stalls and over. 20 00 Under 12 stalls. 15 00 P'eed yards. 15 00 Manufacturing establishments special rates. Photograph galleries. 10 00 Private stables, 1 horse or cow and washing carriage. 3 00 Each additional horse or cow. 1 00 Printing offices. 4 00 Private boarding houses from.6 00 to 15 00 Private bath tubs each. 2 00 Public bath tub. 5 00 Each additional tub. 1 00 Stores. 4 00 Saloons. 6 00 Saloons using hydraulic pressure separately. 10 00 Saloons using urinals separately. ' . 15 00 Saloons using all of the above. 20 00 Steam engine, each horse power. 2 00 Steam engine, each horse power 24 hours per day. 4 00 Soda fountains each. 3 00 Water carts per 100 gallons . 15 Work shops, 10 persons . 3 00 Water closets, private . 2 00 234 REVISED ORDINANCES. Urinals.. 3 00 Water closets, public,one bowl. 4 00 Each additional bowl. 1 50 METER RATES. Private families.35cts per 1000 gals. Manufacturers.12cts per 1000 g-als. For all other purposes from.15 to 20cts p^r 1000 gals. Parties having contract with the city for sprinkling public street may take water from the standpipe for same without charge. The water committee shall have the power to place a water meter so as to measure the water used by any water consumer within the city at any time said committee shall deem it to be to the best interest of the city to do so, and thereupon assess such consumer regular meter rates. MISCELLANEOUS ORDINANCES OF THE CITY OF MENDOTA. MISCELLANEOUS, ETC. NUMBER I. A n ordinance granting- permission to erect and maintain a system of telephones , or a telephone exchange in Mendota . (Passed July yth , 1882 .) Be it ordained by the City Council of the City of Mendota: Section 1 . That the Central Telephone Com¬ pany and its successors and assigns be and they are hereby granted the right of way through, in, and upon the streets, sidewalks, alleys, and public grounds in the city of Mendota, county of La Salle, and state of Illinois, for the use and purpose of therein and thereon to erect and maintain and use all the necessary poles or posts of wood, iron, or other suitable material, and the necessary wires successfully to operate and use a system of telephones or a telephone exchange in the city of Mendota aforesaid: Provided , that the said Central Telephone Company and its successors and assigns shall maintain and use (under proper and reasonable restrictions and rules) an office and operator on lines and telephone wires at some convenient point in said city, and shall so set said poles or posts and place the wires thereon in such places and in such man¬ ner as not to interfere with travel on said streets, side- walks, alleys, and public grounds aforesaid,, and shall 238 REVISED ORDINANCES. put and keep in good order all those parts of the same interfered with or used in the erection of said poles or posts, and shall thereafter so maintain the same in like good order. Sec. 2. Said poles shall be so set as not to inter¬ fere with the flow of water in any gutter or drain in said city, and the points of location shall be determined under the direction of the street commissioner or the city civil engineer. Sec. 3. The city council expressly reserves the right to grant the right of way through, in, and upon said streets, sidewalks, alleys, and public grounds for the erection, maintainance, and use of the necessary poles, posts, and wires of any telephone company or individuals whenever requested; the same not to inter¬ fere with proper and successful use of the rights here¬ by granted to the said Central Telephone Company and its successors and assigns. Sec. 4. The city council shall enact such ordi¬ nances as may become necessary for the protection of telephone poles, fixtures, and wires against abuse and injury. 239 REVISED ORDINANCES. NUMBER II. An ordinance in relation to electric light . (Passed July 13 th , 1883 .) Be it ordained by the City Council of the City of Mendota: Section 1. That permission and authority be and the same is hereby granted unto Lewis R. Curtis, Max A. E. Haass, David Rude, and Prank P. Snyder, of Mendota, Illinois, and to their associates and assigns, to erect, construct, complete, and operate electric light works to furnish light and power, and for the use for chemical and mechanical purposes in the city of Men¬ dota, Illinois, and the said grantees or either of them or their employes are hereby authorized to use the streets, avenues, lanes, alleys, public grounds, and side¬ walks belonging to or under the control of the city, as it is now laid out, extended, or enlarged for the pur¬ pose of conveying electricity in and through the city for the use of the city and its inhabitants for the pur¬ pose above stated; and the right of way is hereby given to said grantees through such streets, avenues, lanes, alleys, public grounds, and sidewalks for erecting the necessary poles and laying the necessary wires and other appliances in, through, under, and over the said streets, alleys, avenues, lanes, public grounds and side¬ walks for the purposes herein stated: Provided , that said streets, avenues, lanes, alleys, public grounds, and sidewalks shall not be unnecessarily and continuously obstructed and they shall be within a reasonable length of time placed as near as possible in as good repair and condition as before said streets were so obstructed. 240 REVISED ORDINANCES. Sec. 2. The city of Mendota shall and will ab¬ stain for a period of fifteen years from the date of the passage of this ordinance from authorizing or granting unto any other person or persons, company or corpora¬ tion, the right or privilege of using any of the said streets, avenues, lanes, alleys, public grounds, or side¬ walks, for the purpose of conveying electricity over, under, or through such streets, lanes, avenues, alleys, public grounds, or sidewalks, for the purpose of fur¬ nishing light, or power, or to be used for chemical or mechanical purposes, and that no right of way will be granted to any person, persons, company, or corpora¬ tions, through, under, or over, the said streets, alleys, avenues, lanes, public grounds, and sidewalks, for the purposes herein granted to the grantees: Provided ', that if the above named grantees and their associates shall form a company and become incorporated under the laws of this state under the name of Mendota Elec¬ tric Light company for the purposes set forth in Sec¬ tion one, that then and in that case all the authority and power, rights, and privileges herein vested in the said grantees shall be vested in and granted to the said Mendota Electric Light Company. Sec. 3. That if the grantees, or the said Mendota Electric Light Company shall not have commenced the work of erecting said electric light works within one year and shall not have completed the same within two (2) years from the date hereof,that the authority herein granted shall be forfeited a,nd the authority void. REVISED ORDINANCES. 241 NUMBER III. An ordinance in relation to sewers. (Passed July gth , / 887 .) Be it ordained by the City Council of the City of Mendota: That permission and authority be, and is hereby granted unto the Illinois Central Railroad company, and the Chicago Burlington & Quincy Railroad com¬ pany, to lay, construct, and complete a sewer pipe, socket joints, not less than ten inches in diameter, ce¬ mented with Portland cement, under and along the cen¬ ter of the following named streets and avenues, within the city of Mendota: commencing at the site of the new passenger house, within the city of Mendota, run¬ ning thence east along the center of 8th street to First Avenue, thence north along the center of First Avenue to the creek, provided that said street and avenues shall not be unnecessarily and continuously obstructed, and they shall be within a reasonable length of time placed as near as possible, in as good repair, and con¬ dition as before said streets were so obstructed. 242 REVISED ORDINANCES. NUMBER IV. An ordinance in relation to borrozving money for water works. (Passed Oct. 2 , 4 th, i 88 g.) Whereas, it appearing- to the city council of the city of Mendota, that the appropriation heretofore made for the water works, or the water works fund, of said city is insufficient to pay the indebtedness in¬ curred in the erection of, and the expenses occurring- in the maintainance of the water works of said city; And it further appearing- that a petition sig*ned by a majority of the leg-al voters of said city, praying- that the city council of said city, make an additional appro¬ priation of the sum of three thousand dollars to the water works, or water fund of said city, and to take such action and pass such ordinances as may be necess¬ ary to make such additional appropriation,and procure the money required to pay the same,has been filed with the city clerk of said city. Therefore, Be it ordained by the City Councit of the City of Mendota: That there be', and there is, hereby appropriated to the water works, or water fund of said city for the purposes of paying- the indebtedness in¬ curred in the erection of, and expenses incurred and incurring-, in the maintaining- of the water works of said city, the sum of three thousand dollars out of any moneys or funds now in the treasury belong-- ing- to said city, not otherwise appropriated, and in case there should be a deficiency of fund in the treas¬ ury to meet said appropriation, then the city council of said city, is hereby authorized and empowered to borrow for said city said sum of money, or any part REVISED ORDINANCES. 243 thereof, for a term not exceeding eight years, at any rate of interest not exceeding seven per cent per an¬ num, and that the mayor and city clerk are hereby em¬ powered to issue bonds therefor. NUMBER V. An ordinance disconnecting * the east half of the west half of section 34 ., town 36 , from the city of Men- dota. (Passed June 3 th , 1882 .) Be it ordained by the City Council of the City of Mendota-. Sec. 1 . That the east j, of the west J, of section 34, township 36, N. Range 1 east of the 3rd P. M., in the county of La Salle and State of Illinois be and the same is hereby declared to be disconnected from the corporate and territorial limits of the city of Mendota. Sec. 2. This ordinance shall be in force after its passage and due publication. NUMBER VI. An ordinance in relation to vacating Front street. (Passed July 2 nd , 1888 .) Be it ordained by the City Council of the City of Mendota: Sec. 1 . That that portion of Front street lying between Eighth street and Ninth street in the Illinois Central Railroad Company’s addition to the city of Mendota be and the same is hereby vacated and aband¬ oned. 244 REVISED ORDINANCES. NUMBER VII. An ordinance in relation to gas. (Passed jth, 1885 .) Be it ordained by the City Council of the City of Mendota: Section 1 . That permission and authority be, and the same is, hereby, granted unto the Mendota Gas Works, and to their associates and assigns, to erect, construct, complete, and operate works for the storage and distribution of natural, coal, and water gas, for the purpose of heating and illuminating in the city of Mendota, Ill., and the said grantees, their associates or assigns, are hereby authorized and empowered to use the streets, alleys, avenues, public grounds, and sidewalks belonging to or under the control of the city as it is now laid out, or may be hereafter laid out, enlarged, or extended, for the purpose of laying down or repairing pipes for the conveyance of gas in or through the city, for the use of the city or its inhabitants: Provided , that said streets, avenues, alleys, public grounds, and sidewalks shall not be continuously or unnecessarily obstructed, and that they shall, in reasonable time, be placed in as good repair and condition as before said pipes were laid down or repaired. Sec. 2. That the grantees shall, within one year from the date of the passage of this ordinance, com¬ mence the laying of mains for the distribution of gas to the city and its inhabitants, to such an extent as may be demanded and under the conditions of this ordinance. Sec. 3. That said grantees shall purchase and lay down main pipe in this city to any lamp post erect¬ ed in the city of Mendota, within thirty days from the REVISED ORDINANCES. 245 date such lamp post is ordered to be erected by said city: Provided\ said lamp posts shall be erected on or along - consecutive blocks, and said grantees shall lay down mains to such residences in this city as ma} T be desig - - nated by the owners thereof, who express their inten¬ tion to use g"as, and to do so within 30 days after the g’as pipes are laid: Provided , that the said grantee shall not be required to lay mains to any residence unless such residence be within a block which is consecutive with another block in which g"as is used, and said grantees shall have the rig-ht to remove any unused main pipe in this citv belonging - to said grantees. Sec. 4. That if the grantees of the said Men- dota Gas works shall not have complied with the pro¬ visions set forth in section 2, and comply with all other provisions of this ordinance within the time specified, that the authority herein granted shall be forfeited and the authority void. NUMBER VIII. An ordinance in relation to borrowing" money for zvater- works and issuing bonds therefor. (Passed Nov. 5 th, 1888.) Be it ordained by the City Council of the City of Mcndota: That the mayor and clerk of the city be and are hereby authorized to borrow in the name of the city at a rate of interest not exceeding - six per cent, the sum of twelve thousand dollars for the use of said city to be expended for water works, and that the bonds of the city be issued therefor in the sum of five hundred dol¬ lars with interest payable semi-annually, said bonds to be payable one fourth in two years,one fourth in three 246 REVISED ORDINANCES. years, one fourth in four years, and one fourth in five years, after the date thereof, provided that no applica¬ tion shall be made of the proceeds of said bonds except for the purposes aforesaid. NUMBER IX. An ordinance in relation to funding'the bonded indebted¬ ness of the City of Mendota . (Passed July 6th , 1892 .) Be it ordained by the City Council of the City of Mendota: Sec. 1 . That by virtue of an election duly held in the City of Mendota, on the 19th day of April, 1892, wherein the proposition to refund the floating indebted¬ ness of the city of Mendota by issuing bonds amount¬ ing to eleven thousand five hundred dollars was sub¬ mitted to the legal voters of said city of Mendota, and a majority of the votes cast at said election being in favor of said proposition. Sec. 2. That in pursuance of said election the mayor and clerk of the city of Mendota be and are hereby authorized to borrow in the name of the city df Mendota, at the rate of interest not to exceed five per cent per year, the sum of eleven thousand five hundred dollars for the use of said city, to be expended for the payment of the bonded indebtedness of said city amounting to eleven thousand five hundred dollars now due and that the bonds of the city be issued thereof in the sums of five hundred dollars with interest payable semi-annually, said bonds payable as follows: Fifteen hundred dollars due three years from May 15th, 1892. REVISED ORDINANCES. 247 Two thousand dollars due four years from May 15th, 1892. Two thousand dollars due five years from May 15th, 1892. Two thousand dollars due six years from May 15th, 1892. Two thousand dollars due seven years from May 15th, 1892, Two thousand dollars due eight years from May 15th, 1892. Sec. 3. The city of Mendota reserves the right to pay said bonds on or before maturity, and it is fur¬ ther, provided that no application shall be made of the proceeds of said bonds, except for the purpose afore¬ said. NUMBER X. A n ordinance in relation to traction engines. (Passed Sept, ist, 1890.) Be it enacted by the City Council of the City of Mendota : Section 1 . That it shall be unlawful for any person or persons to run by steam power without hitching a team in front thereof any traction engine along or upon any of the streets within the city of Mendota. Sec. 2. Any person or persons violating section one of this ordinance, shall forfeit and pay to the city of Mendota a fine of not less than three dollars nor more than ten dollars for each and every offense. 248 REVISED ORDINANCES. NUMBER XI. An ordinance granting to the Automatic Telephone and Electric Company, an Illinois Corporation, its suc¬ cessors and assigns, the right to place and main¬ tain upon the streets, alleys, and public grounds of the City of Mendota , Illinois, all poles, wires and fixtures necessary and convenient for supplying the public with communication by telephone or other improved electrical devise, for the period of twenty ( 20 ) years upon the terms and condition therein stated. (Passed July 3 rd, 1893.) Be it ordained by the City Council of the City of Mendota: Section 1 . That the right is hereby granted to the Automatic Telephone and Electric Company, its successors and assigns, for a period of twenty (20) years from and after the passage of this ordinance, to place and maintain upon the streets, alleys and public grounds of said city, the poles, wires and fixtures nec¬ essary and convenient for supplying the citizens of said city, and the public communication by telephone or other improved electrical device, all to be done and maintained under the terms and conditions hereinafter set forth. Sec. 2. Any and all poles, wires and fixtures hereinafter erected, strung or placed in said city under this ordinance, shall be so erected, strung or placed only upon the approval of the Committee on Streets and Alleys of the city council of said city, or such other officer or officers as the city council may desig¬ nate. Sec. 3. It is not required or expected that the main leads or lines of poles having been put in place REVISED ORDINANCES. 249 shall be required to be taken up and placed elsewhere but should any pole or any structure at any point inter¬ fere with any public or private interests, the city council may, and said Company agrees on demand, to so change the same that such objection shall be obvi¬ ated, and such telephone communication be properly maintained and continued, and such order of the city council when made, shall be carried out by such com¬ pany without cost or expense to said city, and when poles are moved from any place in the streets,all exca¬ vations shall be immediately refilled, and all pave¬ ments and sidewalks restored in good order by said Company, free of cost to the city. Sec. 4. All excavations made in setting or erect¬ ing poles shall be immediately refilled in good work¬ manlike manner, and all pavements and sidewalks in¬ terfered with shall be immediately reconstructed so as to be left in as good condition as they were before such interference, and all as may be required by said city council. Sec. 5. Said Automatic Telephone and Electric Company, its successors and assigns, shall fully pay, satisfy, and discharge any and all claims, demands, damages, costs, or charges resulting to others, either to person or property from the exercise of any right or privilege hereby granted, and shall at all times in¬ demnify and protect said city on account of any such damage claimed or recovered. Sec. 6 . Said Automatic Telephone and Electric Company, its successors or assigns, in consideration of the grant hereby made shall, so long as an exchange is mintained hereunder furnish to said city, for city business, two telephones to be placed and used within the corporation limits free of charge, provided that for 250 REVISED ORDINANCES. each of said instruments so furnished, separate written contracts containing the customary provisions shall be previously signed having endorsed thereon the fact that no monied payments shall be made. Sec. 7. This ordinance and all rights and privi¬ leges hereunder shall be taken and used subject to any and all such ordinances and regulations of a police na¬ ture, governing the erection, construction, maintain- ance, and use of such structures in public streets, al¬ leys, or places as are now in existence,or may hereafter be legally adopted by the city council of said city. Sec. 8. The rate for telephone exchange service in said city, shall not exceed said Company’s regular schedule of rates for other cities of the same class un¬ der like conditions, and in no event shall the maximum charge for office service be more than forty (40) dollars, and for residence service more than thirty (30) dollars per year. Sec. 9. Should said Company, its successors, or ass.igns fail to comply with any of the provisions of this ordinance, their rights hereunder may be forfeited by said city by ordinance or resolution, provided that notice of such default on the part of said Company, and the intention of said Company, and the intention of said city shall first be given to said Company, and an opportunity for explanation and hearing previously allowed it. Sec. 10. This Ordinance shall be in force ten (10) days after its passage and publication, and the filing in the office of the city clerk by said Company of an unconditional written acceptance of its provisions, which acceptance shall be filed in the office of said city clerk within sixty (60) days after the due publication of this ordinance, (which publication of this ordinance, shall be paid for by said Company). ' . . ' PUBLICATION. An ordinance providing" for the publication of the ordi¬ nances of the City of Mendota. Be it ordained by the City Council of the City of Mendota: Section 1 . That the foregoing ordinances, ar¬ ranged in chapters, prepared and submitted by John A. Lamberton, City Attorney, numbered from I to XXXVI both inclusive, and more particularly de¬ scribed by their respective titles as follows, to wit: Chapter I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. The Mayor and his Duties. The City Council. The City Clerk. The City Attorney. The City Treasurer. Superintendent of Streets. City Pound Master. The City Surveyor. The City Printer. Animals. Classification of Expenditures. Contracts for Public Works. Corporate Seal. Dram Shops and Liquor Licenses. Pines and Penalties. Fire Department. Pire Districts. 254 REVISED ORDINANCES. XVIII. Fire Limits. XIX. Fire Regulations. XX. Licenses. XXI. Misdemeanors. XXII. Nuisances. XXIII. Plumbers. XXIV. Police Department. XXV. Public Health. XXVI. Public Health Regulations. XXVII. Public Library. XXVIII. Public Safety. XXIX. Railroads. XXX. Scavengers. XXXI. Sewers. XXXII. Sidewalks—Construction of. XXXIII. Streets—Soecial Assessments. A. XXXIV. Streets, Alleys, Sidewalks,and Public Grounds. XXXV. Wards and Boundaries. XXXVI. Water Rates: together with the above and foregoing ordinances en¬ titled “Miscellaneous,” and numbered from I to XI inclusive, are hereby declared to be the ordinances of the city of Mendota, and it is hereby further ordered that the said ordinances above mentioned be published in book form by authority of the city council of said city. Sec. 2. That all public or general ordinances or parts thereof in conflict therewith are hereby repealed: Provided , however , that no fine, forfeiture, penalty, right, action, suit,debt, or liability whatsoever, creat¬ ed, instituted, incurred, or accrued by or under the same shall be released, discharged, annulled, or in any REVISED ORDINANCES. 255 wise affected, but may be prosecuted, recovered, or enjoined as fully and in the same manner in all respects as if such ordinance, or part thereof, had remained in full force. Sec. 3. That all ordinances or parts of ordi¬ nances in conflict with this ordinance are hereby repealed. Sec. 4. This ordinance shall be in force from and after its passage and approval. Approved this 14th day of August, A. D. 1894. Charles R. Rogers, Mayor . Passed this 11th day of August, A. D. 1894. George Holland, City Clerk . 256 REVISED ORDINANCES. CERTIFICATE OF AUTHENTICATION. STATE OF ILLINOIS, La Saeee County. City of Mendota , I. George Holland, City Clerk, in and for the said city in the county of La Salle and state of Illinois, and keeper of the records and seal of said city, do hereby certify that the foregoing ordinances are a true, per¬ fect, and authentic copy of the revised ordinances of the city of Mendota. consisting of thirty-six ordinances arranged in chapters, numbered from I to XXXVI, both inclusive, duly passed and adopted by the city council of said city and approved by the Mayor there¬ of, and certain ordinances entitled “Miscellaneous,’’ consisting of eleven ordinances numbered from I to XI, both inclusive, which said ordinances were heretofore duly passed and adopted by the City Council of said city, and approved by the Mayor thereof, together with a certain ordinance entitled, “An Ordinance Providing for the Publication of the Ordinances of the City of Mendota,” passed on the Eleventh day of August, A. D. 1894, and approved on the Fourteenth day of Aug¬ ust, A. D. 1894, as the same were prepared, revised and arranged by John A. Lamberton, City Attorney, and ordered printed and published in book form by the city council of said city, the same being printed and pub¬ lished by authoritv and according to law. I further certify that I am the keeper of the origi¬ nal ordinances of which the above and foregoing are true and correct copies and that the same are now on file in my office. In witness whereof I have hereunto set my hand and affixed the corporate seal, of the city of Mendota this 24th day of August A. D. 1894. [E. s.] Geo. Hoeeand, City Clerk. INDEX GENERAL CONTENTS Page Catalogue of Officers. 5 Statutes Relating to Former Charter. 10 Rules and Order of Business of Council. 15 Powers of the City Council. 21 ORDINANCES. The Mayor and his Duties. 36 The City Council. 40 The City Clerk. 50 The City Attorney. 54 The City Treasurer. 58 The Superintendent of Streets . 62 The City Pound Master. . .. 66 The City Surveyor. 68 The City Printer. 70 Animals. 71 Classification of Expenditures. 81 Contracts for Public Works. 85 Corporate Seal. 91 Dram Shops and Liquor Licenses. 92 Fines and Penalties. 102 Fire Department. 108 Fire Districts. 114 Fire Limits. 115 Fire Regulations. 118 Licenses. 123 Misdemeanors. 135 Nuisances. 154 Plumbers. 163 Police Department. 167 260 GENERAL INDEX. Public Health. 174 Public Health Peculations. 179 Public Library. 182 Public Safety. 184 Railroads. - .;. 188 Scaveng-ers. 192 Sewers. 195 Sidewalks. 200 Streets—Special Assessments. 205 Streets, Alleys, Sidewalks and Public Grounds. 216 Wards and Boundaries. 228 Water Rates. 229 MISCELLANEOUS ORDINANCES. Telephones.' 237 Electric Lig-ht. 239 Sewer for R. R. Co’s.. 241 Borrowing- Money for Water Works. 242 Disconnecting Territory. 243 Vacating- Front Street. 243 Gas.‘.. 244 Water Works Bonds. 245 Funding-Ordinance. 246 Traction Engines.. . 247 Automatic Telephones. 248 GENERAL INDEX l A. Accounts Section Page Treasurer to keep, of city revenues. 2 59 How kept by treasurer. 7 60 Superintendent of streets to keep, of time of em¬ ployees. 5 63 Superintendent of streets to keep, of expenditures. 9 65 A ctions City attorney to have charge of. 4 55 Attorney to prosecute for violations of ordinances. 6 56 Attorney given power to dismiss. 7 56 Appeals how and when taken. 8 56 Annual report to city council. 9 '56 Attorney to keep record of. 10 57 Attorney—statement of to successor. .. 11 57 What actions brought before justices of the peace. 1 102 Magistrate to issue warrant. 1 102 Filing complaint. 2 102 Continuances—how procured. 4 103 No dismissal for formal defects. 5 104 Actions against unknown party. 6 104 Trial by jury. 7 104 Officers to attend as witnesses. • 9 105 Advertisements Using private or public property for, without con¬ sent. 5 151 For contracts in excess of $200. 2 86 Clerk to advertise forbids.. 4 86 Advertising by public outcry prohibited. 21 226 262 general index. Aldermen • Section. Page Members of the city council. '...... 1 41 Qualifications of. 2 41 Committees—how appointed. 6 42 Majority of—constitute quorum. 8 43 Required to vote. 10 44 Report of committees deferred by request of two. . 15 45 Amusements License required for, when. 12 128 License fees. 13 128 Disturbance of—penalty. 6 138 Not engaged in on Sunday.:. 2 153 Place of,closed on Sunday. 3 153 Animals Running at large of, prohibited. 1 71 To be impounded when running at large.. 2 72 Private citizen may impound, when. 3 72 Care of when impounded. 4 72 Complaint by pound master. 5 73 Complaint against unknown owner.. . 6 73 Posting of notices. 7 74 Docketing case—trial. 8 74 Order of sale—execution—return. 9 74 Posting of notices of sale. 10 75 Redemption—sale—postponement. 11 75 Proceeds of sale paid to magistrate. 12 76 Breaking open pound. 13 76 Power conferred on pound master. 14 77 Running on sidewalk, etc.—penalty. 17 224 Fast driving—penalty. 1 140 Leaving unfastened—penalty. . .*.. 2 141 Riding or driving on sidewalk or lawn prohibited 4 141 Frightening teams—obstructing sidewalk. 10 143 Appeals City attorney authorized to take, when. 8 .56 When to be authorized by mayor and council.... 8 56 Appointments All of, to be made by mayor. 6 38 GENERAL INDEX. 263 Section Page Record of to be kept by clerk. 13 53 Appointment of policemen. 2 172 Appointment—special police. 1 173 Appointment of city pound-master. 2 66 Appointment of health inspector. 11 178 Appointment of fire marshal. 2 109 Appropriation Yea and nay vote on passage of ordinance of. 11 44 Annual appropriation ordinance—when passed. ... 19 46 Expenditures not to exceed. 20 46 No contract without.. 21 47 Tax levy for .... . 22 48 Ordinance for to be published. 22 48 Monthly report of condition of, by city treasurer. . 8 60 Ashes Depositing of in streets and alley ways prohibited. 11 222 Assemblages Unlawful defined, prohibited. 3 137 Permitting on private premises prohibited. 4 138 Disturbing unlawful—penalty . 5 138 Attorney , city Term of office—bond and oath. 1 54 The legal adviser of city. 2 55 To draw and examine papers. 3 55 To prosecute and defend all suits. 4 55 To collect judgments. 5 55 To prosecute for violation of ordinances ........ 6 56 Power to dismiss suits.'. 7 56 May take appeals. 8 56 Annual report. 9 56 To keep record... 10 57 Deliver to successor. 11 57 Employment of deputy. 12 57 Salary .. 13 58 264 GENERAL, INDEX. Auctioneers Section Page License required. 6 126 License fee. 8 127 License not transferable. 8 127 Penalty for violating- ordinance. 9 127 Deceiving-bidders—penalty. 10 127 Auction defined. 11 128 Sales on streets—how conducted. 21 226 Sale on streets at auction prohibited. 22 226 Exception to prohibition. 23 226 Awnings How constructed—penalty. 20 225 Obstructing-streets by—penalty. 17 160 B. Badges Of City Marshal. 3 169 Metal badg-es for dog-s. 2 78 Dog-s without badges to be killed. 4 78 Of policemen. 3 172 Ball Playing Playing in streets prohibited. 9 143 Bawdy Houses (See Houses of Ill-Fame) Bids (See Public Works) Billiard Tables License required. 15 129 License fee. 16 129 All rooms to be closed on,Sunday—time of closing. 17 130 Minors not allowed to play or visit room. 18 130 Bill Posters (See Licenses) Bill Posting Permission of owner of premises. 21 161 Defacing of property—penalty. 1 149 Defacing posters—penalty. 6 151 Bill board—when a nuisance. . _. 22 162 Board of Health (See, Public Health) GENERAL, INDEX. 265 Bonds Section Page City council may issue. 18 45 Clerk to have custody of. 10 53 Clerk to keep record of. . 11 53 To accompany all bids. 5 87 Contracts for public works secured by. 7 87 Members of council not to sign. 8 88 To be drawn in name of city. 9 88 For sale of intoxicating liquors. 5 93 Scavengers. 3 193 Bonds , Official Of mayor. 5 37 Of city clerk. 1 50 Of attorney. 1 54 Of city treasurer. 1 58 Of superintendent of streets. 2 62 Of city marshal. 2 168 Of night police. 2 172 Of special policemen. 1 173 Of pound-master. 2 66 Of fire marshal. 3 109 Of surveyor... 3 68 Of city printer. 3 70 Boundaries (See Wards) Borrow Money Limited to five per cent, of valuation. 18 45 Boys Throwing of missiles prohibited. 14 144 Loitering about streets and hotels prohibited. 9 139 Playing about railroad tracks—penalty. 12 144 Throwing stones—penalty. 14 144 Buildings Character of in fire limits. 2 115 Wooden buildings prohibited in fire limits. 3 116 Damages to, how determined. 4 116 Penalty for violating ordinance . 5 117 Wooden, when a nuisance. 6 117 266 GENERAL INDEX. Wooden, defined. 7 117 Erection of unsafe—penalty. 19 161 Erection of on street—penalty. 5 220 Moving of, along street—permission. 8 221 c. Cellars When become a nuisance. 3 1 5 Leaving open door—penalty. 2b 161 Guards for steps to. required. 13 223 Chimneys How constructed.11-13 121 City Council—Rules and Order of Business Rule Page Rules adhered to. 1 15 Council called to order. 2 15 Reading of minutes. 1st 15 Presentation of petitions. 2nd 15 Reports of standing committees. 3rd 15 Communications. 4th 15 Unfinished business. 5th 15 Motions, etc.. 6th 15 Certain questions decided without debate. 3 16 Mayor to preserve order. 4 16 No member to leave seat—when. 5, 6 16 Member rising to speak. .. 7 16 When two or more rise at once. ’ . 8 16 No member to speak more than twice—when .... 9 16 Order while member speaking. 10 16 Appeals. 11 16 When member shall vote. 12 16 Mayor to state question. I'd 17 Withdrawing question.. . 14 17 Question when divided. 15 17 Blanks filled. 16 17 Question under debate.. . 17 17 Previous question, etc. 18 17 Previous question—how put. 19 17 GENERAL INDEX. 267 Rule Pago Motion to adjourn. 20 17 Resolutions. 21 18 Ayes and noes. 22 18 Committees —how appointed. 23 18 Standing—select committee—to report—how .... 24 18 Reports—how addressed. 25 18 How member shall present communication. 26 IS Standing committees—number. 27 18 Number of committees. 28 18 Election of aldermen to chair . 29 19 Regular meetings . 30 19 Reading rules—when. 31 19 City Council—Powers of Section Page To control finances of the corporation. 1 21 Appropriate money for corporate purposes. 2 21 Levy and collect taxes. 3 21 Fix the amount, terms, etc , of loans. 4 21 Borrow money and issue bonds. 5 21 t/ Levy tax to pay indebtedness. 5 21 Issue bonds in place of maturing bonds. 6 22 Open, alter and improve streets, alleys, etc. 7 22 Plant trees upon streets. 8 22 Regulate use of streets. 9 22 * • • / Remove encroachments or obstructions. 10 22 Provide for lighting streets. 11 22 Provide for cleansing streets. 12 22 Regulate, lay gas pipes and sewers. 13 22 Regulate use of sidewalks, etc. 14 22 Prevent depositing of ashes etc., in streets. 15 22 Provide for cross-walks, curbs, and gutters. 16 23 Regulate signs, awnings telegraph poles, etc .... 17 23 Regulate banners, placards advertisements, etc. . . 18 23 Regulate and prevent flying of flags, etc. 19 23 Regulate traffic and sales upon streets, etc. 20 23 Regulate speed of animals and locomotives. 21 23 Regulate numbering of houses and lots. 22 23 Name and change the name of streets. 23 23 268 GENERAL INDEX. Section Page Permit and regulate the buying of horse railroad tracks. 24 2 t Change location and grade of railroad crossing... 25 24 Powers of council over railroad companies.26, 27 24 Construct bridges, viaducts, tunnels, etc.. 28 25 Construct and repair culverts, drains, sewers, etc. 29 25 Deepen, widen, dock, etc., channels of water¬ courses . 80 25 Construct and keep in repair canals and slips. .'. . . 8 L 25 Erect and keep in repair public landing places, etc. 52 25 Regulate and control use of landing places, etc. ... 33 25 Control and regulate anchorage and moorage. 34 25 License and regulate wharf and other boats. 35 25 Fix rates of wharfage and dockage. 36 25 Collect wharfage and dockage. 37 25 Regulate use of harbors and bridges. 38 25 Appoint harbor-masters. 39 25 Provide for cleansing water-courses and ponds .... 40 25 License, tax, and regulate certain occupations.. . .41-44 26 To suppress bawdy and gambling houses ........ 45 26 Prohibit sale of obscene books, prints, etc. 45 26 License and regulate sale of liquor. 46 26 Punish selling or giving liquor to minors. 48 27 To establish markets and market-houses. 49 27 Power to regulate sale of provisions. 50 27 Punish forestalling,and regrating. 51 27 Regulate the sale of bread. 52 27 Provide for inspection of provisions. 53 27 Inspection of articles of merchandise. 54 27 Inspection and sealing of weights and measures . . 55- 28 Enforce keeping proper weights and measures.... 56 28 Regulate construction and use of vaults and cisterns 57 28 Regulate places of amusement. 58 28 Prevent intoxication, fighting, etc. 59 28 Regulate partition fences and party walls. 60 28 Regulate construction of buildings, tire escapes. . . 61 28 Power to prescribe fire limits. 62 28 Prevent dangerous construction of chimneys, etc:. 63 28 Provide engine houses and fire engines.. 64 29 GENERAL, INDEX. 269 --—---- * - Section Page Regulate storage of combustables and fireworks . . 65 29 o o Regulate the police of the city. 66, 68 29 Provide for inspection of steam boilers. 67 29 Establish calabooses and work-houses. 69 29 Use county jail for confinement of offenders. 70 29 To regulate the relation between officers, etc. 71 29 Prevent and suppress riots, routs, affrays. 72 30 Punish cruelty to animals... 73 30 Punish vagrants, mendicants, and prostitutes. 74 30 To define and abate nuisances. 75 30 Appoint board of health. 76 30 Establish hospitals and medical dispensaries. 77 30 Make health regulations. 78 30 Establish, regulate, and remove cemeteries. 79 30 Prohibit stock running at large. 80 30 Impose tax on dogs. 80 30 Regulate packing-houses, renderies, etc. ... . 81 30 Regulate breweries, licenses, etc. 82 30 Prohibit offensive or unwholesome business. 83 31 Compel removal of unwholesome business. 81 31 Power to take census. 85 31 Provide for erection of public buildings. 86 31 Establish ferries and toll bridges. 87 31 Authorize construction of mills and mill races. . . 88 31 Extend street or construct sewer through railroad land. 89 31 Grant privilege to lay railroad track on petition . . 90 32 License and regulate auctioneers, etc. 91 32 Regulate the rolling of hoops, playing of ball, etc. 92 32 Regulate lumber yards. 93 32 Provide for furnishing supplies by contract. 94 32 License and regulate second-hand and junk stores 95 33 Pass all necessary ordinances, etc. 96 33 Power to regulate and tax itinerent merchants. . . 97 33 City Council The council—how composed--filling vacancy. 1 41 Qualification of aldermen. 2 41 Term of office. 3 42 270 GENERAL, INDEX. Section Page Regular meetings. 4 42 Special meetings. 5 42 Appointment of committees. 6 42 Duties of standing committees. 7 43 Quorum. i. . 8 43 Compelling attendance. 9 43 Members required to vote—when. 10 44 When yeas and nays required. 11 44 No vote reconsidered at special meeting. 12 44 Passing of measure over veto. 13 45 Attaching documents to reports. 14 * 45 Reports of committees deferred. 15 45 The municipal year. 16 45 The fiscal year. 17 45 Borrow money—limitation. 18 45 Annual appropriation ordinance. 19 46 Limitation—emergency. 20 46 Contracting liabilities limited. 21 47 Annual tax levy. 22 48 Manner of collecting . 23 48 Time of paying over. 24 49 When levied for particular purpose. 25 49 Uniformity of taxation.'. 26 49 Salary of aldermen. 27 49 City Clerk Term of office, oath and bond. 1 50 Keeping minutes, serving notice, etc. 2 51 Corporate seal and certified copies. 3 5l Record ordinances. 4 5l Publish ordinances. 5 51 Deliver papers to committees and officers. 6 52 Prepare official papers. 7 52 Appoint deputy. 8 52 Notice of election or appointment of officers. 9 52 General supervision, charge of papers..,. 10 53 Keep record of bonds.. . ll 53 Keep list of warrants.. 12 53 Record of election and appointments. 13 53 GENERAL INDEX. 271 Section Page Keep records—turn same over to successor. 14 54 Salary. 15 54 To issue licenses. 1 124 To keep record of licenses. 3 125 Taking and approving bonds. 4 125 To issue sidewalk warrants . 8 203 Report delinquent taxes to county treasurer. ( J 204 To advertise for bids.;.. 4 86 To open and read bids. 6 87 To keep seal. 2 9l City Treasurer Taxes to be paid over to. 23 48 Term of office, oath and bond. . 1 58 Keep special taxes separate. 4 59 Receive money—keep accounts—give receipts. ... 2 59 Keep register. 3 - 59 Keep special assessment funds separate. 4 59 Not to use city funds. . 5 59 Report delinquent officers. 6 59 Methods of keeping books. 7 60 Monthly statements. . 8 60 Annual statement., . . 9 60 Salary. 10 61 City Superintendent of Streets (See Superintendent of Streets) City Prison Commitment of offenders to. 8 105 City Printer Office created. 1 70 Appointment. 2 70 Oath — bond. 3 70 Duties. 4 70 Salary. .' .. 5 70 Committees Mayor to appoint. 6 42 Powers and duties of... 7 43 t. 272 GENERAL INDEX. Section Page Attach documents to reports.. 14 44 Reports deferred, when. 15 45 Clerk to deliver papers to. 6 52 Concealed Weapons Carrying of prohibited—penalty. 10 139 Contagious Diseases Health committee to investigate. 3 175 Removal and care of person with. 6 176 Notices of.;. 7 177 Vaccination. 8 177 Spreading of. 9 178 Report of physicians.:. 10 178 Penalty for spreading. . 1 179 Changing of wearing apparel. 2 179 Bringing person or clothing infected into city.... 3 180 Persons suffering from not to be brought in city. . 7 181 Diseased animals not to be brought within city. . . 9 181 Continuances How granted. 4 103 Contracts To be signed by mayor. 10 39 Aldermen not to be interested in. 2 41 Not to be made without appropriation . . 21 47 Clerk to have care of. 10 53 To be drawn by city attorney. 3 55 Estimates. 1 85 Contracts over $200—advertise for bids, etc. 2 86 Profile—specifications. 3 86 Advertisement—bids. 4 86 Proposals—bond. 5 87 Bids opened . 6 87 Bond—failure—reject bids. 7 87 Disability of bidder. 8 88 Contracts and bonds in name of city. 9 88 Subject to ordinances. 10 88 No lien on city.. ., ... 11 89 GENERAL INDEX. 273 Section Page Surplus of earth. 12 89 Acceptance of work. 13 89 Extra work. 14 90 Corporate Seal Form and device of seal. 1 91 Clerk to have custody.. 2 91 Costs Not to be taxed against city .... . 9 105 Working out by offenders. 12 106 County Treasurer Report of sidewalk tax to.!. 9 204 Duties of in tax cases. 10 204 0 Crossings Superintendent to have care of. 2 62 Obstruction of- -penalty. .. 6 142 Railroads to construct. 5 189 D. Dead Animals Deposit of in city—penalty. 10 158 Removal out of city. 11 158 Debt Special tax for. 25 49 Clerk to keep record of. 11 53 Deeds Clerk to attest. 7 52 Clerk to have charge of. 10 52 Deputy Clerk may appoint. 8 52 City attorney may appoint. 12 57 Disorderly Conduct Defined—penalty for. 2 137 Permitted on private premises—penalty. 4 l^g 274 GENERAL INDEX. Section Page Disturbing lawful assemblages—penalty. . . .. 5 138 Disturbing places of amusement . 6 138 Disorderly Houses Keeping bawdy house—penalty.. 10 148 Allowing premises to be used for—penalty. 11 148 Inmates and frequenters of liable. 12 149 Enticing females and minors to enter—penalty. . . 13 149 Disturbance Conduct calculated to provoke. 1 137 Of the peace—penalty. 2 137 On private premises --penalty. 4 138 At lawful assemblages. 5 138 At*, places of amusement. 6 138 Dogs Tax imposed—register kept. 1 77 Metallic badges provided for. 2 78 Owner of unlicensed to be fined . . .. 3 78 Dogs without badges to be killed. 4 78 Marshal to procure list of owners. 5 78 Penalty for interfering with officer. . 6 79 Vicious dog not to run at large..'. 7 79 Dog known to be vicious—penalty. 8 79 Term ‘'dog” defined. 9 79 Female dog not to run at large, when. 10 80 Dog howling at night. 11 80 Mayor may order dogs muzzled—when. 12 80 Dram Shops Dram shop defined.7. 1 93 Sale without license—penalty. 2 93 License—fee—bond. 3 93 Application for license. 4 93 Bond. 5 93 Issuance of license. 6 95 Character of licensee.. . 7 95 License not transferable—register. 8 95 Revocation of license. 9 95 GENERAL INDEX. 275 Section Page License to be posted.. . 10 96 Penalty for failure to post. 11 96 Certain places declared nuisance. 12 96 To be closed on Sunday. 16 96 Persons drinking-to excess—gambling-—penalty... 14 97 Employment of minor—sales to, etc.—drunkards.. 15 97 Notice to saloon keepers. 16 98 Loud noises—quarrelling-, lighting, etc—prohibited 17 98 To be closed during certain hours. 18 98 To be closed on election day. 19 99 Evasions not permitted. 20 99 Police to enforce ordinance. 21 99 Druggists City council may grant permits to. . •. 1 100 Permits—application for. 2 100 Permits—how issued. 3 l00 When permits expire. 4 101 Sales to be in good faith. 5 101 Certain sales prohibited. 6 10 L Permits may be revoked. 7 101 Permits to be registered. 8 102 Penalty for failure to comply . 9 102 Drunkenness Persons drinking to excess. 14 97 Sale of liquor to person intoxicated. 15 97 Notice to saloon keeper. # . 16 98 Intoxication—penalty. ... . 11 139 E. Elections Disturbance of peace at. 6 i38 Saloons to be closed on election. 19 99 Excavations In streets—penalty. 1 218 Filling up in streets. 2 219 Leaving unprotected. 3 2l9 Dangerous places guarded. ll 144 276 GENERAL INDEX. Exhibitions Section Page Licenses required for. 12 128 License fees. 18 128 Additional provision for fees.. 14 128 Expenditures Yea and nay vote required for. 11 44 Limitations of. 20 46 Estimates of. 21 47 Explosive Materials Manufacture of prohibited. 4 18 > Keeping- of prohibited. 5 185 Blasting- prohibited . 6 185 Permits for blasting. 7 185 When permits granted. 8 186 Blast to be covered. 9 186 Penalty for blasting. 10 186 Storage of kerosene regulated. 11 186 Tanks for—how erected.■. 12 186 Fire marshal to approve tanks. 13 l86 (See also Gunpowder). Expenditures — Classificatian of Fee and salary fund. 1 81 Street and alley fund. 2 82 Repairing city buildings fund.•.. 3 82 Health fund. 4 82 Fire department fund. 5 83 Gas and light fund. 6 83 Sewer pipe and tile fund. 7 83 Water works fund. 8 84 Macadamizing streets fund. 9 84 Bonded indebtedness fund. 10 84 Library fund. 11 84 Contingent fund. 12 84 • F. Fast Driving Regulations of... 1 140 GENERAL INDEX. 277 Fees and Salaries Section Page Of mayor. 12 40 Of city clerk. 15 54 Of city attorney.. 13 58 Of city treasurer. 10 (31 Of ci4y surveyor. 8 (39 Of superintendent of streets. 12 (35 Of pound master. 5 (37 Of tire marshal. 12 111 Of health inspector. 11 178 Of city marshal..12. 13 171 Of night policemen. 7 173 Of policemen. 1, 2 173 Of city printer. 4 70 Of scavenger. 9 195 Fences Enclosing- streets with. 5 220 Injuring or defacing—penalty. 2 149 Hitching to without consent. 8 151 Fines and Penalties Suits, where brought.*.. 1 102 Process. 2 103 Suits against corporation—service. 3 103 Continuances . 4 103 No dismissal for formal defects. 5 104 Proceedings against unknown party. 6 104 Find by jury—waiver. 7 104 Committment of offenders. 8 105 Officers to attend as witnesses—costs. 9 105 Payment of tine. 10 105 Committment when not laboring, etc. ll 105 Working out fine and costs . 12 i0(> Refusal to work—penalty. 13 10(5 Prosecution no bar, etc. 14 107 Fire Arms Discharging of—penalty. . .. 7 142 278 GENERAL, INDEX. Fire Department Section Page Department created. ] 108 Office of fire marshal created—appointment. 2 109 Oath—bond. 3 109 Powers and duties . 4 109 Command organization—tear down buildings. 5 109 Enforce ordinances. 6 110 Inspect places dangerous. 7 110 Prescribe rules. 8 110 Prefer charges—suspension. 9 111 Keep record—annual reports. 10 111 Successor. 11 ill Salary. 12 112 Officers of company. 13 112 Dividing company. 14 112 Constitution, etc. 15 112 Alarms. 16 112 Meetings—reviews. l7 112 Arrests at fire.. l8 113 Refusing to obey orders . 19 113 Elegibility—exemption. 20 113 Failure to attend meeting . 21 113 Compensation of each company.•. 22 114 Fire Districts Fire districts prescribed. 1 114 Alarm—districts how designated. 2 115 Fire Limits Limits prescribed. 1 115 Character of buildings in limits . 2 115 Wooden buildings prohibited . 3 116 Manner of ascertaining damages. 4 ll6 Penalty for violating ordinances. 5 ll7 Wooden building nuisance—abatement. 6 ll7 Wooden building defined. 7 117 Fire Regulations False alarm—Penalty...; . . . 1 H8 Bonfires—shooting rockets prohibited. 2 li8 Use of lamps regulated. 3 119 GENERAL INDEX. 279 Section Page Shavings to be removed. 4 119 Carrying lire prevented. 5 119 Shavings not to be thrown in street. 6 119 Regulation of stoves and pipes. 7 120 Manner of putting up stove pipes. 8 120 Stove pipe regulation . 9 120 Stove pipes to be conducted into chimneys. 10 120 Additional precaution. 11 121 Erection of chimneys. 12 121 Regulation of lofts . 13 121 Stacking of hay regulated. .... 14 122 Hay, how to be stacked. 15 122 Depositing burning coals prohibited. 16 122 Fiscal Year Fixed. . 1 7 45 Food Selling diseased food —penalty. 4 180 Selling unwholesome food. *0 130 G. Gaming and Gaming House Keeping Gambling house—penalty. 5 146 Gambling devices prohibited. 0 147 Frequenting prohibited. 7 147 Gaming defined...,. 9 148 Grades City surveyor to establish—when . 5 09 City surveyor to furnish. •. 6 69 Plats of to be kept by surveyor. 7 69 Removing or destroying. 9 152 Sidewalks to conform to. 4 201 Gunpowder Storage of regulated. .•.. 1 184 Not to be sold after dark.. 2 184 Manner of keeping . 3 184 (See also Explosives.) 280 GENERAL INDEX. H. Hackmen (See Licenses.) Hand, Bills Posting - without permission. 21 161 Hawkers and Peddlers License required. 19 130 * Requisites of application. 20 131 License fees. 21 131 Hot scs Running at large prohibited. 1 71 Leaving team so as to obstruct sidewalk. 16 224 Running on sidewalk..... 17 224 Fast driving. 1 140 Leaving unfastened. 2 141 Teams passing on street. 3 141 Riding or driving on walk. 4 141 Obstructing crossings. 6 142 Frightening—penalty. 10 143 Hitching to fences and trees. 10 143 i. Improvements Superintendent of streets to have charge of. 2 62 Estimates for. 1 85 Contracts over $200—advertise for bids. 2 86 Profiles—specifications. 3 86 Advertisement—bids. 4 86 Proposals—bond. 5 87 Bids opened. 6 87 Bond—failure—reject bids. 7 -87 Disability of bidder, etc. .. 8 88 Contracts and bonds in name of city—duplicate . . 9 88 Subject to ordinances... . K) 88 No lien on city.*. 11 89 Surplus of earth. 12 89 Acceptance of work. 13 89 Extra work. 14 90 GENERAL INDEX. 281 Section Page Intoxication (See Drunkenness) Itinerant Merchants License required . 2 131 License fees . . 8 131 J. Judgments Power of city to borrow money to pay. 20 46 City attorney cause execution to issue on. 6 55 Appeals from. 8 56 Jury Trial by in city cases. 7 104 Justice of the Peace Appeals from. 8 56 Duties of in estray cases. 5 12 72 Suits brought before. 1 l (l 2 Filing complaints—issuing warrants.. .. 2 102 Police to serve warrants. 5 169 L. Libraries (See Public Libraries) Licenses Manner of applying for. 1 124 What to contain. 2 125 Record of.*. 3 125 For one year—not assignable—bond. 4 125 Subject to ordinances—revocation. 5 l26 Auctions and auctioneers. 6-11 126 Billposters.31-34 13S Billiards and bowling alleys.15-18 129 Hacks and omnibuses . ‘27-30 • 132 Hawkers and peddlers.19-21 130 Itinerant and transient merchants.22-23 131 282 GENERAL INDEX. Section Page Shooting galleries . 24-26 i32 Shows and exhibitions . 12-14 128 Theatres, opera houses, halls . 12-14 128 Dram shop (See dram shop) .. Scavengers (See scavengers .. Liquor and Liquor Dealers (See Dram Shops) Lotteries Running or maintaining—penalty . 8 147 Defined . 9 148 M. Maps - nd Plats Of grades and boundaries . 7 69 Of sewers . 7 69 To be preserved . 7 69 Marshal, City. (See Police Department) Materials Street superintendent to purchase, when. 7 64 Street superintendent to keep list of . 8 64 Contractors not to obstruct streets with . 6 220 Mayor His qualifications . 1 36 Duties . 2 37 Vacancy . 3 37 Mayor pro tem . 4 37 Giving bond . 5 37 Appointment of officers—fill vacancies . 6 38 Supervise conduct officers . 7 38 Removals — report reasons—disapproval . 8 38 Ordinances —approval—veto . 9 39 Sign commissions, contracts, etc . 10 39 Additional duties . 11 40 Salary . 12 40 To appoint standing committees . 6 42 Power to veto ordinances.• 13 -15 GENERAL INDEX. 283 Meetings Section Page Time of regular council*. . 4 42 Special . 5 42 Minors Not to visit billiard rooms. 18 130 Employment of in saloons prohibited . 15 97 Enticing to bawdy houses prohibited . 13 149 Misdemeanors Assault—challenge—affray. 1 137 Disturbing peace—disorderly conduct . 2 137 Uulawful assemblages. 3 137 Unlawful assemblages on private premises . 4 138 Disturbing lawful assemblages . 5 138 Disturbing places of amusement. G 158 Disturbing funeral processions. 7 138 Resisting officer—assisting to escape. 8 138 Boys loitering about streets, hotels, etc. 9 139 Carrying concealed weapons. 10 139 Intoxication. ll 139 Congregating on streets. 12 140 Refusal to disperse. v . 13 140 Fast driving. 1 140 Leaving animals unfastened. 2 141 Teams passing on street. 3 141 Riding or driving on sidewalk. 4 141 Hanging signs. 5 142 Obstructing crossings. G 142 Discharging fire-arms. 7 142 Selling poisons . 8 143 Playing ball—flying kites. 9 143 Frightening teams—obstructing sidewalks. 10 143 Dangerous places. 11 144 Jumping on trains . l2 144 Throwing water. 13 144 Throwing stones . 14 144 Driving unruly animals. 15 145 Indecent exposure . 1 145 Indecent exhibit stallion, etc . 2 146 Obscene publications . 3 146 284 GENERAL INDEX. Section Indecent play. 4 Keeping gambling house. 5 Gambling devices. 6 Frequenting gambling houses. 7 Lotteries. 8 \ Gaming defined. 9 Keeping bawdy house. 10 Premises used for bawdy house—penalty. 11 Inmates and frequenters of bawdy house . 12 Enticing females and minors to visit. 18 Destroying property.,. 1 Injuring trees. 2 Trespassing on school property. 8 Trespassing on public parks. 4 Defacing property.. 5 Defacing poster. 6 Climbing telegraph poles, etc. 7 Hitching to fences and trees. 8 Removing corner stones. 9 Not to deface city property. 10 Not to use city property for advertising. ll Disturbances oii Sunday. 1 Engaging in sports on Sunday. 2 Places of amusement to be closed on Sunday.. 8 Vagrants and paupers not allowed on streets. 1 N. Nuisances Stables, pens, etc. 1 4 Manure. 2 Cellars, vaults, privies, etc. 3 Privies, manner of construction. 4 When privies become nuisances. 5 Cleaning privy vault. fi Obstructions in water courses.'. 7 Depositing offensive matter on adjoining premises. 8 Depositing slops; etc. 9 Depositing dead animals in city. 10 Page 146 146 147 147 147 148 148 148 149 149 149 149 150 loO 151 151 15l 151 152 152 152 152 153 153 153 155 155 155 156 156 157 157 157 157 158 GENERAL INDEX. 285 Section Page Removal of dead animals. 1L 158 Casting filth in well or cistern. v . 12 159 Slaughter houses. 13 159 Obstruction of streets. 14 159 Excavation in streets. 15 160 Unsafe scaffolds,.. 16 160 Signs and awnings. 17 160 r Unsafe coal vaults. 18 161 Unsafe buildings. 19 161 Open cellar doors, vaults, etc. 20 161 Advertisements without permission. 21 161 Bill boards. 22 162 Smoke a nuisance—when. 23 162 o. . Official paper (See city printer) Ordinances Duty of mayor to enforce. 2 37 Yeas and nays required on passage of—when. .... ll 44 Passing over veto. 13 45 Annual appropriation ordinances.! . 19 46 Annual tax levy ordinance. 22 48 To be recorded by clerk.. 4 51 Publication of—when. 5 51 City attorney to prepare. 3 55 City marshal to enforce. 3 169 p. Plumbers The licensing of plumbers. 1 163 Qualifications of plumbers. 2 163 Bond. 3 164 Liability of plumbers. 4 164 Permits—contents—notice to clerk. 5 164 License fee. 6 165 Manner in which plumbing to be done. 7 165 Material used—how laid. 8 165 286 GENERAL INDEX. Section Page Size of pipes .. 9 3 66 Penalties... 10 166 Police Department Department Created. 1 168 The City Marshal Term. 1 :68 Election—oath—bond . 2 i 6 « Devote entire time to office. . .. 3 169 Control police force—absence. 4 1 69 Serving papers within city. 5 169 Serving papers without city. . .. 6 169 Calling on bystanders. 7 ]70 Attend meetings of council. 8 170 Keep record. *. . 9 170 Monthly reports. 10 170 Care of property. 11 i71 Salary... 12 I7l Fees ... 13 171 Night Police Term. i 171 Appointment—oath—bond. 2 172 Duties . 3 i72 Serving process. 4-5 172 Calling for assistance . 6 173 Salary. 7 173 Special Policemen Appointment of. Qi-2 173 Police Magistrate (See justice of peace) Pounds (See animals) Pound Master Office created. 1 66 Appointment—oat—bond. 2 66 Duties. 3 66 Control of city pound. 4 66 Fees. 5 67 GENERAL INDEX. 287 Public Health Section Page Department created. 1 174 Keep books. 2 175 Advise authorities—investigate diseases. 3 175 Enforce laws., .:. 4 175 Abate nuisances—notices. 5 175 Remove persons with contagious diseases. 6 176 Small pox and other notices. 7 177 Order vaccination. 8 177 Remove filth—prevent spread diseases. 9 178 Report of physicians. 1') 178 Health inspector—appointment. 11 178 Public health Regulations Spreading of small pox.. .. 1 179 Changing wearing apparel.. . . 2 179 Bringing infected person, etc., in city. 3 180 Selling diseased meat or food. 4 180 Selling adulterated milk, food, etc. 5 180 Inmates exposed to disease not to be on street. ... 6 180 Persons with contagious diseases not to go on street 7 181 Filthy matter, etc., not to be thrown on streets. . 8 181 Diseased animals not to be brought in city. 9 181 Privies (See Nuisances) Public Libraries Public Library—name. 1 182 How maintained. 2 182 Defacing books. 3 182 Injury to buildings. 4 183 Failure to return books. 5 183 Public Safety Storage of gunpowder.1. 1 l84 Not to be sold after dark. 2 184 Manner of keeping. 3 184 Manufacture of explosives prohibited. 4 185 Keeping explosives -prohibited .. 5 185 Blasting prohibited . 6 185 Permits for b asting. 7 186 When permits granted. •_ 8 186 288 GENERAL INDEX. Section Page Blast to be covered. 9 186 Penalty. 10 186 Storage kerosene regulated. 11 187 'Fanks for, bow erected.. 12 187 Fire marshal to approve tanks. 13 187 R. Railroads Rate of speed . 1 188 Blockading streets. 2 188 Headlight. 3 189 Penalty. 4 189 To construct crossing—notice—penalty. 5 189 Gates. 6 190 Cost of, how paid. 7 190 Blowing - off steam. 8 190 Blowing of whistles. 9 19L Records Record of ordinances. 4 51 Records of proceedings of city council. 2 51 City attorney to keep. 10 57 City marshal to keep.. . .. 9 170 Fire marshal to keep. 10 111 s. Salaries (See Fees and Salaries) Saloons (See Dram Shops) Scavengers To be licensed. 1 192 Permits. 2 192 License—bond. 3 193 Manner of cleaning vaults. 4 193 Contents to be removed beyond city. 5 193 To be cleaned in night time. 6 193 Health committee may order cleaning. 7 194 GENERAL INDEX. 289 Section Page Penalty. 8 i94 Compensation. 9 195 Seal (See Corporate Seal.) Sewers Construction by special assessment and taxes. 1 195 Manner of levying special assessment. 2 196 Manner of construction. 3 196 Extensions and laterals provided for. 4 196 Surface water provided for. 5 197 To be laid in center of street. 6 197 Private drains—manner of construction. 7 197 Maps to be kept by surveyor. 8 198 Private drain—permit. . 9 198 Connections made by licensed plumber. 10 198 No steam from boiler to enter into sewer. ll 198 Deposits in sewer—penalty. 12 199 Injuring sewers and fixtures. 13 199 Obstructing natural water-ways—penalty. 14 199 Permits to tap sewer. 15 199 Overflows—provision for.. 16 200 Shows (See Licenses.) Sidewalks To be built by special tax. 1 200 Description of sidewalks. 2 201 Special ordinances . 3 201 Surveying and grades for . 4 201 Manner of constructing. 5 201 Notice to lot owners. 6 202 Default—construction by city. . . ., 7 202 Issue and collection of warrants . 8 203 Report to county treasurer . 9 204 Duties of treasurer . 10 204 Signs Obstructions of streets with . 5 142 Slaughter Houses When nuisance . 13 I 59 290 GENERAL INDEX. Streets, Alleys, Sidewalks and Public Grounds Section Page Excavation of streets. 1 2 18 Filling up excavation. 2 2l9 Leaving unprotected. 3 219 Removing earth from. 4 219 Fencing street. 5 220 Obstructing streets. 6 220 Removal of encroachments. 7 221 Moving building through—permit. 8 221 Obstructing. 9 221 Blockade by teams. 10 222 Casting rubbish in. 11 222 Casting burning coals in. 12 222 Guards for steps, cellar ways, etc. 13 223 Encumbering sidewalks. 14 223 Encumbering outside of walk. 15 224 Obstructing sidewalk with teams.■ • 16 224 Animals on sidewalks. 17 224 Barbed wire fences prohibited. 18 225 Cellar doors to be closed. 19 225 Awnings, how constructed. 20 225 Advertising by out-cry on prohibited. 21 226 Sales on prohibited.; . . 22 226 Construction of foregoing. 23 226 Telegraph poles. . 24 227 Coal holes. 25 227 Keep wall under sidewalk in repair. 26 227 Streets—Special Assessment How made. 1 206 Special ordinance. 2 206 Commissioner’s estimate cost. 3 206 Report—approval—petition. 4 206 Petition. *. . 5 206 Appointment commissioners—oath.. 6 207 Duty of commissioners. 7 207 Assessment roll--return. 8 207 Notice of assessment—publication. 9 208 Proof of notice.. . . 10 209 Continuance. 11 209 GENERAL INDEX, 291 Section Page Objections. 12 209 Hearing-. 13 210 Assessment modified, etc. 14 210 Judgment—appeal, etc. 15 211 Collection. 16 211 Form of warrant.17 211 Collector’s notice. T . 18 2l 1 Collector’s demand.. 19 212 Report of delinquent list. 20 213 Report to be evidence—defense. 2l 213 Application for judgment. 22 213 Return of sales. 23 214 Paying over—compensation. 24 214 General laws apply. 25 214 City may buy in. 26 215 New assessment. 27 215 Supplemental assessment. 28 215 New assessment, delinquent, etc. 29 215 Contract payable from assessment only. 30 2l6 Letting contracts. 3l 217 Lien of assessment. . 32 2l7 Sunday Billiard and pool rooms closed on. 17 130 Dram shops to be closed on. 13 96 Disturbances on..• 1 152 Engaging in sports on. 2 153 Places of amusement to be closed on. 3 153 Superintendent of Streets Election—term—bond .. .,. 1 62 Charge of street improvement. 2 62 Enforce ordinances. 3 63 Clean streets—examine sewers. 4 63 Employ laborers—Veep time. 5 63 Supervise tapping of sewers. ‘ 6 64 Purchase implements, etc. 7 64 Keep list of property. 8 64 Account of expenditures. 9 65 Monthly report... 10 65 292 GENERAL INDEX. Section Page Orders for work. 11 65 Salary. 12 65 Surveyor Office created—term. 1 68 Appointment. 2 68 Oath—bond. 3 68 Submit estimates and specifications. 4 68 To establish grades and boundaries. 5 69 Furnish grades—make surveys. 6 69 Plats—surveys of sewers and water mains. 7 69 Salary. . ! . 8 69 T. Theatres (See Licenses) Trees Injuring. 2 149 Hitching to . 8 151 Throwing stones . 14 144 V. Vagrants Not to be allowed on streets. 1 153 Vehicles License required for. 27 132 License fees. 29 133 w. V/ards and Ward Boundaries Division of city into Wards. 1 228 First ward.. 2 228 Second ward. 3 228 Third ward. 4 228 Fourth ward. 3 228 GENERAL INDEX. 293 Warrants Section Page City clerk to draw. 7 52 City clerk to keep list of. 12 53 City treasurer to keep register of. 3 59 To be returned to clerk by treasurer. 8 60 For collection sidewalk tax. 8 203 In special assessment. 17 2ll Water Application. 1 229 Water rents, when paid. 2 230 Consumers to keep pipes in order. 3 230 Fraudulent representation—penalty. 4 230 Consumers not to supply others—penalty. 5 230 To permit committee to examine, etc. .. 6 230 No alterations without permit—penalty. 7 230 Notice tO'discontinue—when. 8 231 Water taken from mains. 9 231 Water not to be left running- without permit. 10 231 Interfering with hydrants—penalty. 11 231 Right to shut off water—when. 12 231 Committee to enforce rules. 13 231 Sprinkling season. 14 232 Water rates. 15 h 232 Y. Year Municipal. 16 45 Fiscal. 17 45 . ' . . I m ■ - . - « 1 - » 0 S *