THE REVISED ORDINANCES OF THE City OF Findlay OHIO REVISED AND CODIFIED BY J. FRANK AXLINE Done Under the Direction of THOS. W. LANG City Solicitor AUTHORIZED BY THE CITY COUNCIL Containing all the General Ordinances and the Rules of the Board of Health, in force November 1st, 1911, to which are appended, uncodified, such special Ordi- nances as are deemed of Public Interest To the Honorable City Council of the City of Findlay, Ohio: Gentlemen : Having thoroughly examined the within codification of the general ordinances of the City of Findlay, Ohio, and having compared the same with the original ordinances of said city, we do hereby approve said codification and recom- mend its acceptance by your Honorable Body. E. L. GROVES, J. C. EDIE, Mayor Clerk of Council IDSo - r-L , 35 u. on I \^\\ Findlay Becomes City 4 The following taken from the records of the City: — Whereas, pursuant to the petition by more than loo of the free- holders of the Village of Findlay and the action thereupon and hereto- fore duly had by the Council of the City of Findlay, the proposition was duly submitted to the electors of said Village as required by law at the annual Municipal election held in said Village on Monday, April 4th, A. D. 1887, whether said Village shall be advanced to a City of the second class. The certificate of election duly made by the Clerks and Judges and filed with the Council shows that 1251 votes were cast at said election of which 1116 were cast for advancement and 135 against advancement. By the last federal census there were less than 5000 inhabitants in said Village and not sufficient for a City of the second class. Pursuant to action of Council had according to law a census was duly taken and verified and shows the population within the corporate limits of said Village to be 10221. CENSUS BY WARDS \ First Ward 2611 Second Ward 2145 Third Ward 3322 Fourth Ward 2143 Council on May 20th, 1887, passed a resolution declaring the Vil- lage of Findlay to be a City of the third grade of the second class, and to be known and designated as the City of Findlay, and directed a transcript of the record certified to the County Recorded and he in turn to certify same to the Secretary of State. 451035 Mayors of the City and Village of Findlay The Village of Findlay was incorporated by act of the legislature March 17th, 1838, and an election ordered to take place the following month (April), at which time John Adams was elected Mayor. Mr. Adams was succeeded by William Porterfield. The charter was repealed March 13th, 1843; but two years later (March 4, 1845) incorporation, passed in 1838, was declared •in force. NAME U. A. Ogden Abraham Younkin George W. Galloway Jacob Carr f N. Y. Mefford Josiah Powell Charles C. Pomoroy — April, 1858; resigned July 20, 1858, Ezra Brown appointed to fill un- expired term. Ezra Brown Israel Green G. W. Twining Jacob Carr Nathaniel W. Filkin James A. Bope Geo. F. Pendleton Daniel B. Beardsley William Gribben Jacob Carr William Vance W.W. Siddall W. L. Carlin, 188G to Jan. 9th, 1888 (resigned). J. R. Kagy, Jan. 9th, 1888, to April i6th, 1888. Theo. Totten Thomas Vteehan Beecher W. Waltermire Geo. Nemeyer David T. Winders FROM 184s TO 1847 1847 1852 1852 1854 1854 1856 1856 1857 1857 1858 1859 i860 i860 1861 1861 1864 1864 1867 1867 1868 1868 1870 1870 1872 1872 1874 1874 1876 1876 1878 1878 1882 1882 1886 1888 1890 1890 1892 1892 1894 1894 1896 1896 1898 NAME FROM TO Geo. Nemeyer Chas. E. Watson C. B. Metcalf Jas. B. Walker . E. L. Groves — 1898 1900 1900 1902 1902 1906 1906 1910 1910 1831 1840 1850 i860 POPULATION 50 560 1 256 2,467 1910 1870 1880 1890 1900 14.858 3.315 4.633 18 , 553 17.613 '1 ^ ' ./.r./.m' Digitized by the Internet Archive in 2016 li- "'•.j y} : ' y.-rr'^ https://archive.org/details/revisedordinanceOOfind AN ORDINANCE To Revise, Rearrange, Codify and Publish the General Ordinances of the City of Findlay, Ohio Be it ordained by the Council of the City of Findlay, State Ohio: That the ordinances of the City of Findlay, Ohio, be revised, rearranged, codified and published in book form, as follows, to-wit: CONTENTS CHAPTER L— Animals. CHAPTER IL—Aumings, Si^ns. CHAPTER IIP— Barbed Wire Fences. CHAPTER IV.— Boards. CHAPTER V.—Buihlings. CHAPTER VL—Councii. CHAPTER VIE— Dynamite. CHAPTER VIII. — Pines, Costs. CHAPITER IX. — Fire Department — Fires. CHAP'TER X. — Fire A rms and Fireworks. CHAPTER XI. — Garbage, Offal, Waste. CHAPTER XII.— Gas and Oil Wells. CHAPTER XIII.— Guard Wires. CHAPTER XlV.—Iuries. CHAPTER XV.— Licenses. CHAPTER XVI.— Lighting Railroads. CHAPTER XVII.— Lights. CIIAP^T ER XVIII. — Misdemeanors. CHAPTER XIX.— Mufflers. CHAPTER XX.— Officers. CHAPTER XXL — Parks and Public Buildings. CHAPTER XXII.— Police Court. 4 Codified Ordinances of the City of Findlay CHAP'riiR XXII J. — Police Department. CIIAPTBR XXIV.—Pitblie Health. CHAPTER XXV.—Saloons. CHAPTER XXVI.—Sewers. CH APTER XXVII. — Streets and Sidezvalks. CHAPTER XXVIII.— Street Railzvays. CHAPTER XXIX.— Sinking Fund. CHAPTER XXX. — Speed of Loeomotives CHAPTER XXXI.— Telegraph. CHAPTER XXXII.— Tires. CHAPTER XXXI I L— Trees. CHAPTER XXXIV.— Vehieles. CHAPTER XXXV.— Wards. CHAPTER XXXVI.— Water Lines. CHAPTER XXXVII. — Weights and Measures. CHAPTER XXXV 1 1 1. —Repeals. CHAIM ER XXXIX.— Time of Taking Effect. CHAPTER I. ANIMALS. Section I Not to run at large. Section 2 Penalty. Section 3 Duties of officers. Section 4 Not to tie so as to graze on streets. Section 5 Penalty. Section b Horses not to stand on streets unhitched. Section 7 Penalty. Section 8 Dogs not to run at large without license. Section 9 Application for an issuance of license tag. Section lO Dogs to be muzzled at certain times. Section 1 1 Bounty. Section 12 Pound for Dogs— -Redemption. Section 13 Penalty for removal of muzzle or tag. Section 14 Disposition of fees. Section 15 Sale at auction on street prohibited. Section 16 Penalty. Section 17 Exhibiting stallion, etc., on streets. Section 18 Keeper not to annoy neighborhood. Section 19 Cruelty to animals. Section 20 Penalty. Section I. That it shall be unlawful for anv owner or owners or any person or persons; having the custody or control of any cow, horse, mule, ass, swine, sheep, goat, turkey, goose, cluck or chicken, or of any other animals or fowls of the kind herein enumerated, to suffer or permit the same to run at large in any street, avenue, alley or public ground of the City, or upon any unenclosed land, or to cause or permit such animals to be herded, kept or retained for the purpose of grazing the same upon premises other than those owned or occu- Codified Ordinances of the City of Findlay 5 pied by the owner or person having the custody of such animals or fowls. Sec. 2. Any person violating any of the provisions of the pre- ceding section, shall upon conviction thereof be fined in any sum not less than One Dollar nor more than Five Dollars. Continued violation after notice or prosecution shall be held an additional offense for each and every day of its continuance. Sec. 3. It shall be the duty of police officers to seize and im- pound each and every animal running at large, contrary to the pro- visions of this ordinance and to give notice to the person or persons owning or controlling the said animal, if known and if not known, it shall be the duty of said officers to give notice of each seizure by pub- lication in some newspaper of general circulation in the City of Find- lay, Ohio. Said printed notice shall contain a pertinent description of the animal so seized and impounded, and state that if the same be not called for within three days after the first publication and all the penalties imposed under Section 2 of this codification, together with costs and charges of seizing and impounding the same and the cost of printing said notice paid, that the same shall be sold as pro- vided by ordinance. And if said costs, penalties and charges men- tioned hereinbefore shall not be paid within three days from the giv- ing of said notice by publication or otherwise as the case may be, then the Chief of Police shall sell said animals after having given at least two days’ notice of the time and place of sale, in some newspaper pub- lished in said City, and at the time and place therein specified the Chief of Police shall sell said animal or animals at public auction for cash and after deducting all costs, penalties and charges, pay the balance of the money arising from such sale into the Treasury of the City to be paid over to the person or persons entitled to receive the same, upon proper proof of the ownership thereof. — Vol. D, Page 103. Sec. 4. That it shall be unlawful for any person or persons owning or having the custody or control of any horse, cow, or mule, to tie, tether, or fasten the same for the purpose of grazing in or upon any street, sidewalk, alley, park, common or public ground within the corporate limits of the City of Findlay, Ohio, or to so tie, tether or secure any such animal for said purpose in such proximity, or in such position that it may have access to or upon any sidewalk, street, alley, park, common or public ground of said City. Sec. 5. That any person violating any of the provisions of the foregoing section, shall upon conviction thereof be fined in any sum not less than One ($1.00) Dollar, nor more than Five ($5.00). Con- tinued violation after notice or prosecution shall be held an additional oftense for each and every day of its continuance. — Vol. D, Page 191. Sec. 6. That it shall be unlawful for any person to leave any horse, gelding, mare, mule or ass standing in any street, lane, alley or public ground in the City unless the same be securely hitched or fas- tened, or some proper person left in charge thereof. vSec. 7. That whoever violates any of the provisions of Section 6 shall, upon conviction thereof, be fined in any sum not less than One Dollar nor more than Five Dollars for each and every offense.^ Vol. B, Page 93. 6 CoDii'iKi) Ordinances of the City of Findlay SiCC. 8. That it shall be unlawful for the owner, harborer, or any other person having- charge, custody, or control of any dog, to per- mit the same to run at large within the City of Findlay, (Jhio, without a license therefor duly issued by the Mayor of said City. Sec. 9. Any person desiring a license as provided in Section 8 hereof shall make application therefor in writing, stating the sex, breed and color of such dog for which the license is sought which application shall be accompanied by a fee of Two ($2.00) Dollars for an un- splayed female dog and a fee of One ($i.ooj Dollar for any other animal of the dog kind. The Mayor shall issue to each applicant a rneiallic license tag upon which shall be stated the number of such licenses which license tag shall be securely fastened by such applicant to a collar to be provided for such animal by said applicant which collar and tag shall be placed upon the dog so licensed and shall be worn by it at all times while running at large within the City. The finding of any dog at large without such collar and tag shall be prima facie evidence that the same is at large contrary to the pro- visions of this ordinance. Said license shall be valid for one year from the date of its issuance and neither such license nor said tag shall be transferable to any other dog than the one designated in such application. Sec. 10. The owner, harborer, or person having the care, cus- tody, control of any dog running at large within the City of Findlay, Ohio, is hereby required to keep the same securely muzzled at all times between the fifteenth day of June and the first day of September of each year in addition to complying during said period with the re- quirements of Sections 8 and 9 of this ordinance. Sec. II. Any person finding a dog running at large without the collar and license tag as provided in Section 9 of this ordinance, or without a muzzle during the time provided in Section 10 of this ordi- nance is hereby authorized to capture such animal and deliver such animal to the City Pound provided for such purpose, and upon deliv- ery of said dog to said Pound, such person shall be entitled to a fee of Twevrty-fi-ve (25) Cents for said dog so delivered, to be paid by the Citv of Findlay, Ohio, out of a fund which is hereby established and designated as “Dog Fund,’’ upon presenting to the City Auditor a certificate of the Police Official to whom such animal was delivered. Sec. 12. The Tvlayor is hereby authorized and directed to provide a suitable Pound wherein all animals of the dog kind, found running at large contrary to the provisions of this ordinance shall be impounded, which pound shall be under the charge of the Police Officers of said City. The owner, harborer or person having the care, control or cus- tody of any dog at large contrary to the provisions of this ordinance, so delivered to said Pound, may redeem the same upon payment to the officer in charge thereof of a fee of Fifty (50) Cents and the addi- tional sum of Twenty-five (25) Cents for each day such animal has been confined in said Pound. All dogs not so redeemed within five days from the time of impounding shall be killed by the Police Officers of said City and delivered to the reduction plant or otherwise disposed of according to law. Sec. 13. Any person removing any collar, license tag or muzzle Codified Ordinancf:s of the City of Findlay / from any do|; without authority or consent of the owner, harborer or person having care, custody or control thereof shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than Five Dollars nar more than Twenty-five Dollars and costs of prosecution. Sec. 14. The fees paid for license tags or for the redemption of, keeping or impounding dogs shall be paid by the Officer receiving the same, into the City Treasury and placed to the credit of the Dog Fund. Out of said Dog Fund shall be paid the cost of providing all 'license tags, the reward for capturing dogs at large contrary to the provisions of this ordinance, the cost of keeping such dogs during the time they are confined in the Dog Pound, and the cost of providing and maintaining a Dog Pound. — Vol. D, Page 205. Sec. 15. That it shall be unlawful for any person to sell any live domestic animals at public auction in the streets or other public places within the City of Findlay, Ohio. Sec. 16. Any person violating any of tlfe provisions of Section 15 of this ordinance shall upon conviction thereof be fined in the sum of not less than Ten Dollars ($10.00) nor more than Twenty-five Dol- lars ($25.00.) — Po/. D, Page 162. Sec. 17. That it shall be unlawful for the owner of any stud horse or jack, or any other person having charge of or control over any stud horse or jack, to exhibit the same or suffer it to be exhibited in any street, alley, common or public ground or lot in said City or to let the same to any mare in any street, alley, common, public ground or lot in said City ; and any person who shall in any way violate any or either of the provisions of this section shall, upon conviction thereof, be fined in any sum not less than five nor more than Twenty Dollars for each and every offense. Sec. 18. It shall be unlawful for the owner or keeper of any stallion or jack, or any other person having the charge or control of any stud horse or jack, to keep the same in any building, stable or in- closure within said City for the purpose of letting the same to mares, as a business occupation, to the injury, annoyance or damage of the pub- lic, or any person or persons owning property, or residing in the neigh- borhood or in said City, or of letting therein or in any such building, stable or in closure in said City, any such stallion or jack to any mares to the injury and annoyance or damage of the public or of any person or persons owning property or residing in the neighborhood or in said City. Any person who shall violate either or any of the provisions of this section, shall be deemed guilty of an offense, and on conviction thereof shall be fined in any sum not exceeding Twenty-five ($25.00) Dollars. — Vol. A, Page 164-228. Sec. ig. That it shall be unlawful for any person or persons within the limits of the City to over-drive, overload, torture, torment, deprive of necessary sustenance or to unnecessarily beat or needlessly mutilate or kill any animal or to impound or confine any animal in any place and fail to supply the same during such confinement with a suf- ficient quantity of good wholesome food and water or to carry in or upon any vehicle or otherwise any animal in a cruel or inhuman man- 8 Codified C)rdinances of the City of Findlay ner, or to keep any cow or other animal in any enclosure without wliolesome exercise and change of air, or to feed any cow on food that produces impure or unwholesome milk or to abandon to die anv maimed, sick, infirm, or diseased animal, or for a person or corporation engaged in transporting live stock to detain such stock in the railroad cars or in compartments for a longer continuous period than twenty- four hours after the same are so placed without supplying the same with necessary food, water and attention or to permit such stock to be so crowded together as to overlie, crush, wound or kill each other. Sec. 20. That every person, persons or corporation guilty of any offense mentioned in Section 19, shall upon conviction thereof be fined in any sum not more than One Hundred ($100.00) Dollars and not less than Five ($5.00) Dollars. — V ol. B, Page 67. CHAPTER II. AWNINGS AND SIGNS. Section 21 Height of. Section 22 Penalty. Section 23 Signs not to be posted on Telephone and Telegraph Poles. Section 24 Penalty. Section 21. It shall be unlawful for any person or persons to suspend or maintain any sign or awning over any public street, alley, sidewalk or public way within the corporate limits of the City of Findlay, so that the lowest part of the same shall be less than seven (/) feet from the line of such public street, alley, sidewalk or public way. Section 22. Any person or persons violating Section 21 of this ordinance shall be fined not less than Five ($5.00) Dollars nor more than Twenty-five ($25.00) Dollars. — Vol. D, Page 5. Section 23. It shall be unlawful for any person to paste or place or attach any poster, bill or advertisement upon any of the tele- phone, electric light or telegraph poles standing in the streets, high- weiys or public places of said City of Findlay. Section 24. Anyone violating any of the provisions of Section 23 of this ordinance shall be fined in any sum not exceeding Five' ($5.00*) Dollars and cost of prosecution. — Vol. of Printed Ordinances, Page I, Vol. T. CHAPTER III. BARBED WIRE PENGES. Section 25 Not to be constructed. Section 26 Not to be maintained. Section 27 Penalty. Section 25- That it shall be unlawful for any corporation, per- Conn^rED Ordinances oe the City oe Findlay 9 son or persons to place or construct or cause to be placed or constructed any Barbed Wire Fence on or along any street, alley, or public ground, or the street, alley or public ground line of any lot or parcel of land, within the limits of said City. Sec. 26. That it shall be unlawful for any corporation, person or persons to keep and maintain any barbed wire fence heretofore con- structed on or along any street, alley or public ground or along the street, alley, or public ground line of any lot or parcel of land within the limits of said City, and such corporation, person or persons keep- ing or maintaining any barbed wire fence heretofore constructed, as above provided, shall within ten days after written notice has been served upon such corporation, persons or persons, by the City Street Commissioner, remove such barbed wire fence or cause the same to be removed, and each and every day after the expiration of the time named in said notice, that such corporation, person or persons neglects to remove such barbed wire fence, shall be considered an additional of- fense. Sec. 27. Whoever constructs or causes to be constructed a barbed wire fence contrary to the provisions of Section 25, or whoever neglects or refuses to comply with Section 26, after the service of notice as therein provided, shall, upon conviction thereof, for each and every offense, be fined in any sum not more than Twenty-five ($25.00) Dollars nor less than Two ($2.00) Dollars and costs of pros- ecution.— Do/. B, Page 440. CHAPTER IV. BOARDS. Section 28 Board of Health. Section 28. That under and in pursuance of the authority conferred and the duty imposed upon Council by the Revised Statutes of the State of Ohio, in such case made and provided, a Board of Health in and for said City of Findlay, Ohio, be and the same is here- by established, to be constituted and its members appointed in accord- ance with law. — Vol. D, Page 194. CHAPTER V. Section 29 BUILDINGS NUMBERED. How done. Section 30 By whom done. Section 31 May be done by City — When? Section 32 Penalty for defacing. Section 33 Permit for erection. Section 34 Penalty Section 35 Duty of 'Mayor. Section 36 Mayor to certify to County Auditor. lO CoiMi-iici) Okimnancks of thf City of Fixdi.av Section 37 Section 38 Section 39 Section 40 Section 41 Section 42 Section 43 Section 29. Regulation for public halls, etc. Regulation for aisles, etc. Theatres to have Asbestos Curtain. vStage of Theatre to have flues. Theater to have stand pipes. Application of ordinance. Penaltv. marked at the corners thereof, and all buildings therein shall be num- bered by numbers legibly placed thereon. Sfci 30. Said numbering shall be done upon the Philadelphia or Centenary System. The Blanchard river shall be the dividing line between north and south, and Main Street the dividing line between east and west ; each twenty-five feet shall be allowed to a number. All lots and buildings north of the Blanchard river shall be lots north, and all south of said river shall be south. All buildings and lots west of Main Street shall be designated as numbers west ; and all lots east of said street as numbers east. The even numbers shall be placed on the west side of all streets, all streets Tunning north and south and the odd numbers on the east side of such streets, even numbers shall be placed on the north side of all streets running east and west, and the odd numbers on the south side of such streets. Sfc. 31. Said numbers shall not be less than two and one-half inches in size and placed conspicuously on each building, and so placed by the respective owners thereof within thirty days after the taking effect of this ordinance ; and in case any owner of any building fails to place the number on any building owned by him as required by this ordinance, the same shall be done by the City, and the cost thereof shall be assessed upon the lots or lands on which the same is placed, and collected as other assessments. Sec. 32. Any person or persons who shall willfully obstruct or interfere with any person employed by the City to place such names or numbers, or who tears down, removes or defaces the same, shall, upon conviction thereof, be fined in any sum not less than One nor more than Five Dollars. — Vol. A, Pages 457-508. Sec. 33. That it shall hereafter be unlawful for any person or persons to erect any building or to add to or improve any building within the City Limits of Findlay, where the cost or estimated cost of the same shall exceed One Hundred Dollars in value, without first procuring from the Mayor of the City a written or printed permit, for such building, addition or improvement. Sec. 34. That any person or persons violating the provisions of Section 33, shall upon conviction thereof be fined in any sum not less than Five Dollars nor more than Twenty-five Dollars. Sec. 35. That it shall be the duty of the Mayor upon applica- tion to him made, giving the estimated cost of said building, addition or improvement the lot and land upon which the same is to be situated, and the payment to him of the sum of Fifty Cents, to be paid into the Treasury of said City, to issue to the party recpiesting the same, a permit as provided for in Section 33. Coon^it;D Ori)inancf:s ox- the City of Findlay ii Sec. 3.6. That the Mayor shall keep a record of said permits issued by him together with the facts required in said application, and shall on or before the first day of April of each year, report the same to the Auditor of Hancock County, ( 3 hio . — V oL C, Page 323. Sec. 37. That every theater and public hall devoted to the uses or accommodation of the public, shall have its outlets leading to the streets including the open court and corridor wall, all properly lighted during every performance or gathering of people and the same shall remain lighted until the entire audience has left the premises. All exits in public halls and theaters shall have the word “Exit” in letters at least six inches high applied to the inside of every such exit, and a red light located on the inside of every exit. Distinct and separate places of exit and entrance shall be provided for each gallery above the first. A common place of exit and entrance may serve for the main floor of the auditorium and the first gallery, provided its capacity be equal to the aggregate capacity of the outlets froni-tfie main floor and the said gallery. Emergency exits and stair- ways shall be provided outside of the walls of all public halls and theaters the seating capacity of which is more than three hundred per- sons. The average width of such emergency exits which shall be provided for each floor, balcony and gallery of such building shall be one-half of that provided for the main entrance ; and no emergency exit, door or stairway shall be less than three feet in width. ITe frame work of the stairs shall be made of iron, the treads of wood. 'Hiese emergency exits shall be kept free of obstruction of all kinds including snow. That where in the opinion of the Fire Chief and the Director of Public Safety the main exit and outlet of any such hall or theater may be cut off by fire said P'ire Chief or the Director of Public vSafety may require said hall or theater to be provided with ample emergency exits in some other part of the building. Sec. 38. That all aisles and passage-ways in such public halls and theaters, shall be kept free from camp stools, chairs, sofas and other obstructions and no person or persons shall be allowed to stand in or occupy any of said aisles or passage-ways, so as to obstruct the same during the performance, service, exhibition, lecture, concert, ball or any public assembly ; nor shall there be any chairs, settees or camp stools, in such aisles or corridors at such time or occasion. All doors shall open outward and shall not be so placed as to reduce the width of the passage above required. All doors to have fastenings on the inside only : fastenings to be so arranged as not to obstruct or prevent instant and eas}’ egress to the same ; during all assemblies said doors must be unlocked at all times and be opened at least once before each assem- blage. This section shall apply to all churches. Sec. 39. That in every theater the main curtain opening shall have an iron or asbestos curtain ; and if asbestos, consisting of asbestos fibre woven in cloth. Said asbestos curtain shall be suspended on wire cable and run in metal sheaves and frame which shall be bolted to a brick wall by bolts. The curtain *shall be so arranged that the same can be easily lowered or raised by one man ; and shall in all respects be constructed and maintained to the satisfaction of the Chief of the Fire Departmerc- a'"d Pfirector of Public Safety. Said curtain shall be 12 Codified Ordinances oe the City of Findlay lowered and raised at least once before each performance. The finish or decorative features around the curtain opening of every theater, shall he of incomhustihle material well secured to masonry. Sec. 40. There shall be over the stage of every theater flues or ducts. The dampers for opening or closing such ducts shall be auto- matic. A competent and practical electrician shall be kept in charge of the switchboard and a competent man in charge of stand pipe on the stage of every theater. Sec. 41. There shall be in every theater an approved stand pipe and hose system installed subject to the approval of the Chief of Fire Department and Director of Public Safety. Sec. 42. Sections 37 to 41 shall apply to all theaters and public halls now constructed or which may hereafter be constructed. Sec. 43. That any person who violates any of the provisions of Sections 37 to 41 inclusive, shall upon conviction be fined in any sum not less than Ten ($10.00) Dollars and not more than One Hundred and Fifty ($150.00) Dollars or imprisoned not more than thirty days or both. — Vol. C, Page 355. CHAPTER VI. COUNCIL. Section 44 Time of Meetings. Section 44. That all meetings of the City Council shall be held in the Council Chamber of said City. There shall be one regular meet- ing each week and the same shall be held on Monday evening, beginning at the hour of seven-thirty o’clock p. m., (standard time.) — Vol. B, Page 376. CHAPTER VII. DYNAMITE. Section 45 Limiting amount that may be stored or transported. Section 46 Penalty. Section 45. That it shall be unlawful to store or keep in greater ainounts, any dynamite, nitro glycerine or other explosives, or to carry, convey or transport the same in any greater amount than is provided by the General Code of the State of Ohio. Sec. 46. The penally provided for any violation shall be in such sum as is provided by Statute and all prosecutions shall be brought under the General Code of the State of Ohio. — Vol. C, Page 179. Comi^iEi) Ordinanchs of the City of Findlay 3 CHAPTER VIII. FINES AND COSTS. Sfction 47 Deposited in general fund. Section 47. That all fines and costs imposed for a violation of Municipal Ordinances, and all license fees authorized by ordinance and collected by the City of Findlay, shall be placed to the credit of the General Fund. — Vol. D, Page 86. CHAPTER IX. FIRE DEPARTMENT— FIRES. Section 48 Section 49 Section 50 Section 5 1 Section 52 Section 53 Section 54 Number of men and salaries. Absence and vacation of firemen. Classified. Unlawful to tamper with fire alarm box. Penalty. Spark arrester to be placed on certain boilers, etc. Penalty. Section 48. That the Fire Department of the City of Findlay, State of Ohio, shall be composed of the following officers and mem- bers who shall receive the respective salaries hereinafter provided, pay- able out of the Safety Fund of the City of Findlay, and who shall give the bond hereinafter required, to-wit ; First — A chief of the Fire Department who shall receive $75.00 per month and who shall give bond in the sum of $1,000.00. Second — Twelve firemen each of whom shall receive $60.00 per month and give bond in the sum of $100.00. Third — One Telephone and Telegraph operator who shall receive $60.00 per month and give bond in the sum of $100.00. Sec. 49. Each of the members of the Fire Department shall be entitled to one (1) day’s absence in every thirteen (13) days of ser- vice upon full pay; also to a vacation of ten (10) days each and every year of service upon full pay. Sec. 50. The Fire Department of the City of Findlay, as con- stituted herein, shall be classified for appointment thereto by the Di- rector of Public Safety as required by law ; provided, however, that this ordinance shall not be held or construed to require any officer or mem- ber of the Fire Department as now constituted, who have properly qualified and are serving therein at the time this ordinance becomes effective, to submit to another examination. — Vol. D, Page loi. Sec. 51. That it shall be unlawful for any person or persons to tamper with or take any key from any fire alarm box or attachments in said City, or to remove any box or key from its position except when necessary for the purpose of giving or sending in an alarm of fire. Sec. 52. Tliat any person violating any provision of Section 51, shall upon conviction thereof be fined in any sum not exceeding Twenty-five Dollars. — Vol. B, Page 234. 14 CoDiFiKD Ordinances oe the City of Findlay Sec. 53. That it shall be unlawful for any person, persons or corporation running- a boiler or furnace in which wood or shavings is used for fuel to use or run the same without first providing a spark arrester for said boiler or furnace adequate for the purpose of arresting all sparks through the smoke stack or chimney leading therefrom and shall place the same thereon. Sec. 54. That whoever shall violate any of the provisions of Section 53, shall upon conviction thereof be fined in any sum not less than (jne Dollar and not more than Ten Dollars for every offense. — Vol. B, Pa^^c 220. CHAPTER X. Firy. Drawing of jury from box. Panel and challenges. Filling of panel. Presence of accused. Jury to be sworn. Immediately upon the taking efifect of this ordi- nance and thereafter on the second Monday of May yearly, the Mayor, President of the City Council, and City Auditor of Findlay, Ohio, shall select one hundred names of residents of said City having the qualifications of jurors in the Court of Common Pleas of Hancock County, Ohio, distributed as near as may be among the wards of said City in proportion to population ; said names shall be written on sepa- rate slips of paper and placed in a box provided for the purpose by said City to be kept by the clerk of the Police Court of said City which box shall have all names which may be therein taken therefrom before placing new names therein ; and if during any year the names in said box shall be reduced to less than twelve in number, the Mayor,. Presi- ident of City Council and City Auditor shall again select and place in such box a like number of names in the same manner as hereinbefore provided, after all the names remaining in such box have been taken therefrom. If the Mayor, President of the City Council and City Auditor fail or neglect to select such names and place them in the box as herein provided at the time required it shall be lawful to perform said duty at any time thereafter. Section 76. Whenever a person arrested and brought before the Police Court, is entitled by law or ordinance to a jury trial, and shall not waive a trial by jury, the Clerk of the Police Court in the presence of the Police Judge or acting Police Judge, shall, after said jury box shall have been so shaken as to thoroughly mix the slips of paper therein upon which said names shall have been written, draw therefrom twelve names who shall be summoned as jurors in such cause. The said Clerk shall, unless otherwise ordered by the Police Judge or acting Police Judge issue a venire facias to the Chief of Police or his assistant commanding him to summon the twelve persons drawn as aforesaid to attend in the Police Court of said City as jurors in the trial of such cause. Sec. 77. The panel shall consist of twelve men. The same challenges, peremptory and for cause shall be allowed each partv as is provided in the trial of criminal causes in the Court of Common Pleas. If any challenge be allowed, the juror so challenged whether peremptory or for cause shall be excused. And when from any cause the panel shall not be full, the same shall be filled by the Chief of Police or other officer attending the court at the time from the bystanders as panels are filled in the Court of Common Pleas, unless a special venire be demanded as provided in Section 4, of this Ordinance. Sec. 78. In case the panel is not filled bv reason of non-attend- 20 CODIIMKI) OrDINANCKS Ol' TIIK CiTY OF FlNDLAY ance of one or more jurors, upon the demand of either party to the suit before the Chief of Police or attending officer shall have filled the j)anel from by-standers, a special venire shall issue for as many men as in the judj^nient of the Police Jud^e or acting- Police Judge shall be necessary to fill the panel as tailsmen ; thereupon the Clerk of the Police Court in the j^resence of the Police Judge or acting Police Judge shall draw from the box provided for in Section i, of the ordinance the number of names determined upon as aforesaid, to serve as tails- men, and said Clerk shall thereupon issue a summons for the persons whose names are so drawn to appear as jurors for the trial of such jjerson or persons commanding them to appear forthwith, which sum- mons shall be served as provided in Section 2 of this ordinance. Sfc. 70. The accused shall have the privilege of being present either in person or by attorney at the drawing of the jury or a special venire for jurors to sit in the trial of his cause. vSrc. 80. After all challenges have been made and the panel filled the jury shall be sworn and the trial proceed in all respects and be governed by the rules of the Criminal Code of Ohio in the trial of cases in the Common Pleas Court so far as the same are applicable to the Police Court, except where otherwise provided by ordinance or rule, or practice of said Police Court. — VoJ. D, Page 130. CHAPTER XV. LICENSES. Sectiox 81 Licenses to be issued by Mayor. Section 82 Shooting galleries. Section 83 Fee for shooting galleries. Section 84 Licensee liable for damages. Section 85 Penalty. Section 86 Sale of goods in streets at auction. Section 87 ]"ee for. Section 88 Penalty. Section 89 Sale of goods on the streets. Section 00 Fee for. Section Penalty. Section 92 Vault cleaner’s license and bond. Section 93 Fee for Section 94 Penalty. Section 95 Pawn Broker. Section 96 P)Ond. Section 97 Fee for. Section 98 Penalty. Section 99 Chattel Mortgage and Salary Loan Brokers. Section 100 Fee for. Section lOI Required to report. Section 102 i Vnalty. Section 103 Bowling Alleys — Incense fee for. Section 104 Penalty. CODIFIKI) ( )RniNANClCS OI- TIIK ClTY OI' FjNDLAY 21 Section 105 Street Musicians. SlCCTION 106 I’enalty. Section 107 junk Shops. Sec'i'ion 108 Penalty. Section 109 Drays and Carts. Section 1 10 Unlawful to keep for hire without license. Section 1 1 1 Fee for. vSection 112 1-dcensed drays to be numbered. Section 113 Penalty. Section 114 Location of Drays. Section 115 Penalty. Section 1 16 Theatrical Exhibitions and Shows. Section 117 Circus or Menagerie. Section 1 18 Penalty. Section 119 Theaters. Section 120 Immoral Prohibition. Section 121 House Movers. Section 122 Bond Conditions. Section 123 Penalty. Section 124 Hawkers and Peddlers— Definition. Section 125 License required. Section 126 Fee. Section 127 Penalty. Section 128 Bill posting. Section 120 Fee. Section 130 Application ’of Ordinance. Section 131 Penalty. Section 81. That authority be, and hereby is conferred upon vested in and dele gated to the Mayor of the Citv of Findlay, Ohio, to grant and issue licenses provided for by ordinance and to revoke the same. — Vol. D. Pazc 164. Sec. 82. That it shall be unlawful for any person or persons to run or operate within said City anv shooting gallery, shooting ground or shooting range without first procuring a license therefor from the Mayor of said City, so to do, as hereinafter provided. Sec. 83- That the Mayor of said City is hereby authorized to issue to any person or persons of good repute, requesting same, a li- cense to run or operate in said City, a shooting gallery, shooting ground, or shooting range as the case may be, upon the payment to him for the use of said City of a license fee of Five ($5.00) Dollars per year ; provided that no license fee shall be received for a less period than three months ; provided also, that said license shall state the building, ground or field in which said business shall be carried on and the same shall he subject to the approval of the Mayor. Sec. 84. That all persons to whom such license shall be granted shall he liable for all damages, if any, occasioned by the running or operation of said business, and provided also that any license so granted may be revoked by the Mayor when in his opinion the business run or operated thereunder becomes dangerous to the public. Sec. 85. That any person violating any of the provisions of 22 CoDiKiKi) Ordinaxcks of tiik City of Findlay Sections 82 to 84 inclusive, shall, upon conviction thereof he fined in any sum not less than One Dollar nor more than Five Dollars. — Vol. /i, Pa<^e 408. Sfc. 86. That it shall be uillawful for any ])erson to sell at auction in the streets or other public places within the City of Findlav, C)hio, any f^-oods. wares, or merchandise without a license so to do is- sued by the Mayor of said Citv. Sfc. 87. The fee to he paid for the license required to auction ^oods, wares and merchandise in the streets or other public places in the City of Findlay, shall be Two Dollars per day. Sfc. 88. Any person violating any of the provisions of Section 86 of this ordinance shall, upon conviction thereof, be fined in the sum of not less than Ten Dollars nor more than Twenty-five Dollars. — Vol. D, Page 1 61. Sfc. 89. That it shall be unlawful for any person to sell on the streets of the City of Findlay, Ohio, any goods, merchandise or medi- cines without a license so to do issued oy the Mayor of said City. Sfc. 90. The fee to be paid for the license required to sell goods, merchandise and medicine on the streets of the City of Findlay. Ohio, shall be Two Dollars per day. Sfc. 91. Any person violating any of the provisions of Section 89 of this ordinance shall upon conviction thereof be fined in the sum of not less than Ten Dollars nor more than Twenty-five ($25.00) Dol- lars. — Vol. D, Page 163. Sfc. 92. No person shall clean,- or engage in the business of cleaning privy vaults within the City^ of Findlay, tdhio, without having first procured a license so to do, signed by the Mayor of said City. All licenses issued for said purpose shall be issued for the period of One (I) year, and no such license shall be issued until the party applying therefor shall have given bond to the City of Findlay, Ohio, with sure- ties to the approval of the Mayor in the sum of Two Hundred ($200.00) Dollars conditioned for the proper performance of his work. Before such licensee shall clean any privy^ vault, or other receptacle of night soil he shall first obtain from the Board of Health of said City a permit for each vault or receptacle to be cleaned. Sfc. 93. The fee to be paid for the license required of vault cleaners shall be Ten Dollars. Sfc. 94. Any person violating any of the provisions of Section 92 of this ordinance shall upon conviction thereof be fined in any sum not more than One Hundred Dollars nor less than Twenty-five Dollars. — Vol. D, Page 173. Sfc. 95. No person shall carry on or conduct the business of pawn broker within the meaning of Section 4387 of the General Code of the State of Ohio, within the corporate limits of the City of Findlay, (dhio, Vv ith(3Ut having first obtained a license so to do from the Mayor of said City. Sfc. 96. The Mayor may grant a Pawnbroker’s license to any person of good moral character who inav apply therefor when such ap- plicant shall have paid the license fee provided in such case and shall have executed a bond with one or more sufficient sureties in the sum of Five Hundred ($500.00) Dollars, to the ap])roval of the Mayor, C()i)irii\i) Okdinanoks oi' Tin; City oi' Findi.ay 23 conditioned that the applicant will conform to the laws of the State of Ohio and the ordinances of the City of Findlay. Said license shall be ^00(1 for one year from the date ii])on which it was issued unless sooner revoked. Skc. 97. The fee to be ])aid for a pawnbroker’s license shall be Fifty ($50.00) Dollars per year. Si;c. 98. Any person violating any of the provisions of Section 95 of this ordinance sliall upon conviction thereof be fined in any sum not more than One Hundred ($100.00) Dollars and not less than Twenty-five ($25.00) Dollars . — VoL D, Page 169. Se;c. 90. That it shall be unlawful for any person, firm or cor- poration to engage in the business of a chattel mortgage or salary loan broker or to engage in the business of loaning money upon chattel mortgage security or any other contract involving as security the for- feiture of rights in personal property ; or, upon assignments, bills of sale or other conveyance of salary or wages, within the City of Find- lay, Ohio, without first having obtained a license so to do from the Mayor of the said City. Sec. 1 00. The fee for a license to engage in the business of a chattel mortgage or salary loan broker shall be Fifty ($50.00) Dollars. Said license shall be valid for the period of One (i) year from the date it is issued unless sooner revoked. Sec. ioi. Every person, firm or corporation licensed to engage m the business of a chattel mortgage or salary loan broker shall file with the Auditor of the.Citv of Findlav on or before eleven o’clock a. m. on each and every Monday a sworn record of each and every loan made during the calendar week immediately preceding. Said record shall be sworn to by such person, firm or corporation ; shall give the name of the person, firm or corporation making the loan, the name of the pledger, mortgagor or assignor, the article or articles pledged, mort- gaged or assigned, the amount loaned, the rate of interest and when payable, the amount of loan charges and expenses, the date when the loan was made, and the date when the same is payable. Such record shall remain in the office of said Auditor as a permanent record, open to inspection and examination at all reasonable hours. Sec. 102. Any person or persons, firm or corporation, either for themselves, or as the officer, agent or employee of any person, firm or corporation violating any of the provisions of this ordinance shall upon conviction thereof be fined not less than Twenty-five Dollars nor more than One Hundred Dollars ; and for a second offense, in addi- tion to the penalties enumerated above, the license of such person or firm or corporation so offending may be ordered revoked, and upon the order of the Court so to do, it shall be the duty of the Mayor of the City of Findlay, Ohio, to revoke said license . — VoL D, Page 171. Sec. 103. That it shall be unlawful for any person to maintain operate or conduct a Bowling Alley within the City of Findlay, Ohio, unless the proprietor shall have first obtained a license so to do from the 'Mayor of said City: The application for such license shall state the number of alleys to be used and the building in which the alley or alleys are to be located. The license granted shall be valid for the 24 CoDiKiia) (3 ki)inancks of thf City of Findlay period of one year from the date of issuance, and the license fee shall be Three ($3.00) Dollars for each alley. Skc. 104. Any person violating any of the provisions of Section 103 of this ordinance shall upon conviction thereof be fined in any sum not more than 'hwenty-five Dollars or less than Five Dollars. — Fo/. Page 175 Sf,c. 105. No person shall, upon the streets, avenues, alleys, or Fublic thoroughfares in the City of Findlay, Ohio, perform upon any musical instrument or appliance or sing, where a contribution or dona- tion is asked, accepted or received except in connection with a bona- fide religious service, without having first procured from the Mayor of said City a license so to do. The ‘fee to'be paid for such license by each person shall be One Dollar per day. Such licensee shall not occupy any part of the street used or reserved for sidewalk purposes and in no instance shall such licensee perform or sing at any point where the property owners or tenants of that immediate vicinity object thereto. Sfc. 106. Any person violating any of the provisions of Section T05 hereof, shall, upon conviction thereof, be fined in any sum not less than Five ($5.00) Dollars nor more than Ten ($10.00) Dollars. — Vol. D, Page 183, Sec. 107. No person shall conduct or maintain what is com- monly known as a Junk Shop within the City of Findlay, Ohio, with- out having first procured from the Mayor of said City a license so to do. Each applicant for such a license shall file with the Mayor of said City a statement verified by oath, giving the location of his place of business, the time he intends to commence business, the nature of the business, and the amount of capital invested or to be invested in said business, including therein the value of all stock and all horses or other animals and vehicles used in connection with such business and shall annually thereafter, within Thirty (30) Days preceding the expiration of his license file a like statement verified by oath. The fee to be paid annually for such license shall be as follows : For dealers having a capital of Five Hundred ($500.00) Dollars or less. Twelve and Fifty One Hundredths Dollars. For dealers having a capital of more than Five Hundred Dollars and not exceeding One Thousand Dollars, Twenty-five Dollars. For dealers ha\ ing a capital of more than One Thousand Dollars and not exceeding Two Thousand Dollars, Fifty Dollars. For dealers having a capital exceeding Two Thousand Dollars, (dne Hundred Dollars. All licenses shall be valid for one year from date of issuance and shall not be renewed until the annual statement required herein shall have been first made and the fee for such renewal shall be based upon the capital as shown by the annual statement next preceding the date of the issuance of such renewal. Seo. 108. Any person violating any of the provisions of Sec- tion 107 hereof, shall, upon conviction thereof be fined in any sum not less than Twenty-five Dollars nor more than One Hundred Dollars-. — V ol. 1), Page 182. Sec. 109. d'hat the Mayor of said City shall have power to Cnnii'iKn Ordinances oE the City oE Findlay 25 license in the name of said City any trustworthy person to keep a (Irav, cart, or wa^on upon the applicants complying with the provis- ions of this ordinance : and such license shall state the number of the dray, cart, or wagon with the name of the person to whom it is granted, and said license shall continue in force for one year unless sooner recalled by the Council. Sec. no. That it shall be unlawful for any person to keep for hire or cause to be used for hire or kept for hire any dray, cart or wagon for the transportation of property within the City without a license from said City for so doing. Sec. hi. That any person desiring to keep or use any of the aforesaid vehicles for hire, shall make satisfactory proof to the Mayor that he is a man of integrity and sober habits, and shall pay to the iNIayor for the use of the City, for every one-horse dray, one dollar, two-horse dray, two dollars, two-horse wagon, one dollar, four-horse wagon, two dollars, one-horse express wagon, one dollar, and two- liorse express wa^on, two dollars. Sec. 1 12. That every such person so licensed shall place said number in said license in conspicuous figures together with his name on a metallic plate and attach the same upon the outer side of the sill or shaft of said vehicle and keep said figures and name in a legible con- dition. Sec. 1 13. That whoever shall violate any of the provisions of this ordinance shall upon conviction thereof be fined in any sum not less than One Dollar or more than Ten Dollars for every offense. — V oi B , Page 311. Sec. 1 14. That hereafter all drays, trucks, carts and wagons while v.'aiting for employment and all drays, trucks, carts or wagons loaded with hay, wood, or other articles for sale, while waiting for market, shall occupy the following stands and no other to-wit ; On the north side of the vCourt House vSquare, toward the south and close to the curb; (on the west side of the Court House Square toward the east and close to the curb ; on the south side of the Court House square toward the nortlFand close to the curb;). And that each of said drays, trucks, carts and wa.gons shall take a position behind the other in the order of their' arrival upon the said stands in such a manner that no two drays, trucks, carts or wagons shall at any time stand abreast or within ten feet of each other and that the drivers of said vehicles shall at no time leave them alone and unattended, nor shall any of said vehicles stand or be placed near enough to any sidewalk or crossing to in any way endan- ger or interfere with pedestrians traveling upon the streets. Sec. 1 15. Any person violating any of the provisions of this ordinance shall, upon conviction, be fined in any sum not exceeding Twenty-five Dollars and costs of prosecution. — Vol. B, Page 501. Sec. 1 16. Xo person shall within the City of Findlay, Ohio, exhibit or give any theatricaJ exhibition or performance, concert, show, exhibition or entertainment of any name or nature for which monev or other reward is demanded or received, except in a regularly licensed theater or hall, without having first procured from the Mavor of said City a license so to do ; provided that nothing contained herein shall 20 Conii'iKi) ()Ri)iNANciis OF THE City of Findlay 1)C construed to a])ply to public school entertainments, lecture courses, lectures on historic, literary or scientific subjects, or to any exhibition or entertainment by any citizens band or secret order of said City, or any entertainment given for the benefit of any church or benevolent institution or for any charitable purpose, nor to any exhibition, enter- tainment or performance given in any building owned or controlled by the City of Findlay, Ohio. Sec. 117. For each circus or menagerie, or both, or for each dog or pony show, or both, held under one awning or tent or within one inclosure and charging an admission price of more than twenty- five cents, the sum of Sixty-five ($65.00) Dollars for each; those charging an admission price of Twenty-five cents of less, the sum of Twenty-five ($25.00) Dollars for the first day and Ten ($10.00)'" Dollars for each additional day. For side-show or side-shows attending or accompanying any one or both of the above class- ified exhibitions, the sum of Twenty-five Dollars ($25.00) for one such side-show and the sum of Ten Dollars ($10.00) for each addi- tional. Sec. 118. Any person who shall violate any of the provisions of this section or of the preceding section shall, upon conviction, be fined in any sum not less than Fifty ($50.00) Dollars nor more than Two Flundred ($200.00) Dollars. Sec. 1 19. The proprietor or manager of any theater, opera house, hall or room used for the purpose of public entertainment, may, in lieu of procuring a license for each day’s entertainment, apply to the Ma}'or for an annual license to so use said place, for which there shall be paid an annual license fee of Twenty-five ($25.00) Dollars. Sec. 120. All shows and exhibitions of immoral, indecent, dis- orderly or lascivious character are hereby prohibited, and any person who shall conduct any show, exhibition or performance within the City of Findlay, (dhio, prohibited by this section or knowingly assist in the same shall, upon conviction thereof, be fined in any sum not less than Ten nor more than Fifty Dollars, and it shall be the duty of the Mayor of said City, upon such conviction to revoke any license issued for such performance . — VoL D, Pages 186, 247, 343, 315. Sec. 121. It shall be unlawful for any person, firm or corpora- tion to move any building upon or across any street, avenue, or alley, within the City of Findlay, without a license so to do dulv executed by the Maor of said City. Sec. 122. All licenses issued, as provided in Section 121 of this ordinance shall l)e for the period of one year, and no such license shall be granted until the party applying therefor shall have given a Bond in the sum of One Thousand ($1,000.00) Dollars to the City of Findlay. Ohio, subject to the a]iproval of the Mayor; conditioned among other tilings that said party will pay any and all damages which may happen to anv tree, pavement, street, sidewalk or any public building or structure and all damages resulting to all jiersons whom- soever, which may be caused by the carelessness or negligence of the |)erson so licensed, or liy his agent, employees or workmen while en- gaged in moving any building in the streets, alleys or jiublic ways of said City, and comlitioned also that said party so licensed will save CoDII'lKi) OkdI HANOI'S OF TIIlC CfTY OF FlNDl.AV 2 / and indemnify, and keep harmless the City of Findlay, against all lia- bilities, judgments, damages, costs and expenses which may in anywise accrue against said City in consequence of the granting of such license or any permit issued to such licensee as hereinafter provided and will in all things strictly comply with the conditions of his license and any and all permits granted to such licensee as hereinafter pro- vided. Before moving any such building or other structure such licensee shall procure a permit for each building or other structure so to be moved from the Director of Public Service. The application for such permit shail be accompanied by a fee of Five Dollars, shall be in writ- ing and shall give the location and character of the building or struct- ure to be moved, the route over which the same is to be moved and the point to wihch the same is to be removed. If the proposed route is not satisfactory to the Director of Public Service, it may change the same and select a route over which said building or other structure shall be moved, provided that no permit shall be given to move any structure or other building over a route that will result in the shade trees being damaged or destroyed. Such licensee shall not blockade any street, car line, except the hours of midnight and five a. m. and when it is necessary to cut any wires or other structure in the City, the owner of such wires or other structure shall be first notified, and may if he so desires, perform the necessary labor in cutting such wires, etc., and may charge, and such licensee shall promptly pay the prevailing rates for such service. Sfc. 123. Any person violating any of the provisions of the two preceding sections shall, upon conviction thereof, be fined in any sum not less than Twenty-five Dollars or more than One Hundred Dollars. — Vol. D, Page 188. Sec. 124. That a hawker or peddler is a person who carries any goods, wares, merchandise, produce, or other articles with him, either on his person or in some vehicle and sells them or offers them for sale, barter or exchange on the streets or public places or at stores or res- idences. Sec. 125. That it shall be unlawful for any hawkers or peddlers to sell or offer for sale, barter or exchange on the streets or public places, or at stores or residences, any goods, wares, merchandise, pro- duce or other articles without first obtaining of the IMavor of said City a license so to do, but this shall not apply to a person who shall offer for sale or exchang'e goods of any description of his own man- ufacture, or produce of his own raising. Sec. 126. That the fee for such license shall be not less than fifty cents (50), nor more than Fifteen ($15.00) Dollars per day, and shall be paid by such hawker or peddler before any license shall be issued permitting such business to be conducted within said City. Sec. 127. That any person who shall violate the provisions of Section 125, shall be fined in any sum not less than One ($1.00) Dollar nor more than Fifty ($50.00) Dollars. — Vol. D, Page 364. Sec. 128. No person shall hereafter engage in or carrv on the business or occupation of bill posting, bill distributing, or card tacking CoDII'IKI) (JRI>INANCKS OR THK CtTY OR FiNDLAY 2S within the City of Findlay, Ohio, without having" first procured a license so to do from the Mayor of said City. SrvC. I2(). The fee to be paid for each license shall be Twenty- five (v$25.oo) Dollars for a license for one year or Fifty (50) Cents per day for a license for any shorter period than one year. Src. 130. Nothing in vSections 128 and 129 shall be so con- strued as to ref|iiire of the owner of any product of his own raising, or the manufacturer of any article manufactured by him, a license to vend or sell in any way, by himself or agent, any such article or product ; nor shall be it so construed as to exact and receive a license fee from merchants doing business in the City of Findlay, Ohio, for advertising their ov/n business; nor shall it apply to advertising matter of any arti- cle of their own compound ; which has been manufactured or com- pounded within said City of' Findlay ; nor shall it be so construed as to in any manner interfere with Interstate Commerce. Src. 13 1. Any person violating any of the provisions of Section 128 of this ordinance shall, upon conviction thereof, be fined in any sum not less than One Dollar nor more than Five Dollars for each and every offense. — Vol. D, Page 203. CHAPTER XVI. UGHTING RAILROADS. Toledo and Ohio Central Ry., location of Lights. Time to be kept burning. Notice required — penalty. Columbus, Findlay & Northern, location of lights. Notice and penalty. Findlay, Ft. Wayne & Western Ry., location of Lights. Time to be kept burning. Notice and penalty. Lake Erie & Western Ry., location of Lights. Time to be kept burning. Notice and penalty. Cleveland, Cincinnati, Chicago & St. Louis Ry., Location of Lights. Notice and penalty. it is hereby required, to light with electricity from and after Novem- l)er 13th, 1893, the portion of its railway within the corporate limits of said City by erecting posts and lamps known as tbe 2,000 candle- power each, being the ordinary kind in use in said City by placing said posts and lamps, so that said lamps shall 1>e suspended not less than twenty feet above ground, at the following points along said railway, the same having been declared necessary by the Board of Improve- ments, to-wit : One each at the following streets and avenues where the same are crossed bv said railwav, viz: Lincoln, Sanduskv, INTain Srction 132 Srctton 133 Section 134 Srctk^n 135 Section 136 Section 137 Section 138 Section j'39 Section 140 Section 141 vSection 142 Section 143 vSection 144 Sec. 132. T CoDiFiKi^ Ordinances oi' Tin-: City oe Findlay or > -y Cross, Center, Clierry, Larkins, Lacjiiineo and vSantee streets, and (jar- field, Allen and Crystal avenues. Sec. 133. That said lani])s shall he required to he kept burning all night from dark to daylight, during every night in the year, being the same lights and same number of hours per night required of all public lights under the control of said City. SiCC. 134. That the City Clerk is hereby directed to give due notice to said Coni])any of the passage. of this ordinance by a delivery of a copy thereof to the person having the management of said Rail- way, and if said Conipany fail to light said track in conformity hereto by the thirteenth of November, 1893, such lighting shall be done by said 'City at the expense of said company and the costs thereof made a lien upon the property of said Company as provided by law. — Vol. Ih 379 - Sec. 135. That it is hereby deemed necessary by the Council of the City of Findlay to have the Railway of the Columbus, Findlay and Northern Railway Company, within the limits of said City lighted, and that said Railway Company be, and is hereby required to light its railway \yithin the limits of said City with incandescent lamps, in a cluster of five, thirty-two candle-power lamps suspended over the tracks with the proper shade and reflector, hung in the same manner as arc lights are hung in the streets of said City ; and said Company is required to erect poles of sufficient heighth to suspend said lights not less than twenty feet from the ground ; and such lights shall be kept burning all night from dark to daylight during every night of the year, and a cluster of five lights as hereinbefore described shall be lo- cated at each of the follow ing streets where the same is crossed by said Railway, to-wit : Main Street, Cory Street, Broad Avenue and How'- ard vStreet. Sec. 136. That the Clerk of the Council be and is herebv direct- ed to give notice to the Columbus, Findlay and Northern Raihvay Company, of the passage of this ordinance by delivering a copv thereof to said Company in the manner provided in Section 2496 of the Re- vised Statutes of Ohio, and if the said Railway is not lighted as herein required within tw^enty days from the receipt of said notice, said light- ing will be done bv the City of Findlay and the expense thereof as- sessed against said Company in the manner provided by law. — Vol. C. 359. Sec. 137. That the Findlay, Fort Wayne & Western Raihvay Company and M. A. Smalley, Receiver, be and they are hereby required to light with electricity from and after November 13th, 189s, the portions of said railway wdthin the corporate limits of said City by erecting posts and arc lamps, known as the 2000 candle-power each, being the ordinary kind in use in said Citv, by placing said posts and lamps, so that said lamps, shall be suspended not less than tw^enty feet above the ground at the followdng points along said railway, the same having been declared necessary by the Board of Improvements and so deemed by the Council, to-wdt : One at Main Street where the same is crossed by said railway and at Lima Avenue where the same is crossed by said raihvay. Sec. 138 That said lamps shall be required to be kept burning 30 C(Ji)iFJi^D Ordinances of the City of Findlay all night from dark to daylight during every night in the year, being the same nights and number of hours per night required of all public lights under the control of said City. vSec. 139. That the City Clerk is hereby directed to cause due notice to be given to said Company and M. A. Smalley, Receiver, according to law of this requirement of the Council, and if said Com- ])any fail to light said railway in conformity hereto by the thirteenth (lav of Noveml:)er, A. D., 1S93, such lighting shall be done by the City at the ex])ense of said Company and the cost thereof made a lien upon the property of said Company as provided by law. — Vol. B, Page 381. Sec. 140. That the Lake Erie & Western Railway Company be and it is hereby required to light with electricity from and after No- vember 13th, 1893, the portion of its railway within the corporate lim- its of said City, by erecting posts and arc lamps known as 2000 candle- power each, being the ordinary kind in use in said City, by placing said posts and arc lamps at the following points along said railway so that said lamps shall be suspended not less than twenty feet above ground, the same having been declared necessary by the Board of Improve- ments, and so deemed by the Council, to-wit : One each at the follow- ing streets where they are crossed by the said railway, viz : W alnut. Main, Clinton, Washington, Front, Main Cross, Putnam and Sandusky streets. Sec. 14 1. That said lamps shall be required to be kept burning all night from dark to daylight during every night in the year, being the same nights and number of hours per night required of all public lights under the control of said City. Sec. 142. That the City Clerk is hereby directed to give due notice to said Company of the passage of this ordinance by a delivery of a copy thereof to the person having the management of said railway and if said Company fail to light said Railway in conformity hereto by tlie thirteenth day of November, 1893, such lighting shall be done by the said City at the expense of said Company, and the cost thereof made a lien upon the property of said Companv as provided bv law. — Vol. B, Page Sec. 143. That it is hereby deemed necessary by the Council of the Citv of Findlay, to have the Railway of the Cleveland, Cincinnati, Chicago and St. Louis Railway company, within the limits of said City lighted with incandescent lamps in a cluster of five 32 candle power lamps sus| tended over the tracks with proper shade and reflector hung in the same manner as arc-lamps are in the s'treets of said City ; and said Compain' is reciuired to erect poles of sufficient height to sus- l)end said lights not less than twenty feet from the ground ; and such lights shall be ke])t burning all night from dark to daylight during every night of the year, and a cluster of five lights as hereinbefore described shall be located at each of the following streets where the same is crossed bv said railway, viz: East, Blanchard Street, San- dusky and South Streets. vSicc. 144. That the Clerk of the Council lie and is herebv di- rected to give notice to the Cleveland, Cincinnati, Chicago and St. IvOuis Ivailway Company of the jiassage of this ordinance l)v delivering a co])y thereof to said Company in the manner jirovided in Section CoDiKnci) Ordinancics oi' Tiiii: City oi.* FixYdlay 3 2496 of the Revised Statutes of Ohio ; and if the said Railway is not lif^hted as herein required witliin twenty days from the recei]3t of said notice, said lighting: will be done by the City and the expense thereof assessed against said Company in the manner provided by law. — Vol. C, Page 2^y. CHAPTER XVII. LIGHTS. Section Section Section Section Section 145 Public Buildings and Commercial. 146 Amount paid shall cover meter rental and repairs. 147 Minimum charge. 148 Private consumers. 149 Discount — Mini.num charge — Covers meter rental and repairs. Section 145. That for a period of five' years from and after the third day of December, 1908, The Toledo Urban and Interurban Rail- way Company shall charge for electricity for lighting the public buildings of the City of Findlay, Ohio, and for commercial lighting a sum of not to exceed eight cents per Kilowatt and shall allow dis- counts for the quantity of electricity used as follows to-wit : From 100,000 \AMtts to 200,000 Watts, a quantity discount of five per cent. ' From 200,000 Watts to 300,000 Watts, a quantity discount of ten per cent. From 300,000 Watts to 400,000 Watts, a quantity discount of fifteen per cent. From 400,000 Watts to 500,000 Watts, a quantity discount of twenty per cent. From 500,000 AAUtts and over AVatts, a quantity discount of twenty-five per cent. And in addition thereto shall allow a cash discount of five per cent on the price of the electricity consumed monthly, if paid on or before the tenth of the succeeding month. Sec. 146. The amount paid for electricity consumed or the min- imum price hereinafter permitted to be charged to any consumer shall be held to cover any and all charges for meter rental or repair and no additional charges for meter rental or repair shall be permitted. Sec. 147. Said Company is hereby permitted to charge not to exceed the sum of $1.00 per month as a minimum charge to each con- sumer. — Vol. D, Page 229. Sf.c. 148. That for a period of five years from and after Xovember 15, 1908, no person, firm or corporation furnishing elec- tricity for commercial lighting or power, shall charge for such electric current when supplied through a meter to private consumers any sum in excess of the amounts hereinafter designated, to-wit: For the first 100 K. WA hours, eight (8) cents per Kilowatt hour; For the next 200 K. W. hours, seven (7) cents per Kilowatt hour; For the next 300 K. AAA hours, six (6) cents per Kilowatt hour; 32 CoDii'iKi) OrdinAxNCf.s of Thf Cfi'y of Findlay All over 600 K. W. hours and not more than 2,000 K. W. hours, four {4) cents ])er Kilowatt hour; All over 2,000 K. VV. hours, three (3) cents per Kilowatt hour. SivC. 149. Hill for above service shall be rendered on the first day of each month, and shall be subject to a discount of five per cent (5) per cent) if paid on or before the tenth ( loth) day of the same month. A minimum charge of Fifty (50) cents per month may be charged each consumer which charge, or the rate provided for in Sec- tion 148 hereof, shall be held- and construed as covering meter rental and cost of repair. — Vol. D, Pao;c 225. CHAPTER XVIII. MISDEMEANORS. vSfCTION FSo Vagrants, beggars and suspicious persons. Sb:ction 151 Disturbers of public meetings. Sb:ction 152 Penalty. Sfction Disorderly conduct. .Sfction o 4 Penalty. Section 155 Houses of prostitution — Keepers of. Section 156 Female visitors thereto. Section F 57 Male visitors thereto. Section 158 Premises not to be rented for. Section 159 Manors not to loiter on streets in night season. Section 160 Custodian not to permit loitering. Section 161 Penalty. Section 162 Duty of Police Officers Section 163 Fire Chief may ring curfew. Section 164 Gambling houses. Section 165 Visiting gambling houses. Section 166 Gambling prohibited. Section 167 Gambling instruments to be destroyed. Section 168 Dog and Cock Fighting. Section 169 Penalty. Section 170 Railway or Street Cars — Jumping on. Section 171 Street Cars — Stealing Ride. Section 172 Vehicles — Jumping on. Section 173 Penalty. Section 150. That if any person found strolling in, upon or about any street, alley or other public place within said City, or lurk- ing or prowling about the premises of any citizen in said City who cannot give a satisfactory account of himself or herself and of the hon- esty of his or her intentions or that if any vagrant, any common street beggar, any common prostitute, any habitual disturber of the peace, any known pickpocket, gambler, burglar, thief, any watch staffer, ball game player, any i>erson who practices any trick, game or device with intent to swindle any person who abuses his family or any member ConiKlKD OuDlNAxNClCS OL" THE ClTV OE FiNDLAY 33 thereof, or any suspicions person who cannot g'ivc a reasonable account of himself shall be found in the City any such person or persons shall be subject to prosecution, and on conviction thereof shall be fined in any sum not exceeding Fifty Dollars. — Vol. B, Page 517. Sec. 151. That it shall be unlawful for any person or persons to wilfully interru])t or disturb any assembly of persons met for the ])urpose of Religious Worship or for any other lawful purpose or to interrupt or disturb any person while he is at or about the place where such assembly is to be held or is or has been held. Sec. 152. That any person or persons wdio shall violate any of the provisions of Section 151 of this ordinance shall upon conviction thereof be fined not more than Fifty Dollars or imprisoned not more than ten days or both. — Vol. B, Page 13 1. Sec. 153. It shall be unlawful for any person to disutrb the peace and good order of the City of Findlay, Ohio, or of any of the inhabitants thereof, by any clamor or noise in the night season, or, at any time, by intoxication or drunkenness, or by abusing, insulting, striking, beating, threatening to fight, provoking to quarrel, or threat- ening violence against the person or property of others, or by wrang- ling, fighting, rioting or tumult, or by the use of lascivious, obscene, profane or scandalous language in the streets or other public places, or by conducting' himself or herself in an immoral or indecent manner. Sec. 154. Any person violating any of the provisions of Sec- tion 153 hereof shall, upon conviction thereof, be fined in any sum not less than Five Dollars nor more than Twenty-five Dollars and the costs of prosecution. — Vol. D, Page 18 1. Sec. 155. It shall be unlawful for any person to keep a house of prostitution or ill-fame within the City of Findlay, Ohio, by allow- ing any female person or persons to reside therein for the . purposes of prostitution, or permitting any female person to resort thereto for such purpose, at any time whatsoever, or to occupy any room or rooms in any building in said City for the purpose aforesaid. The use or occupation of any room, house or building for the purpose aforesaid shall be deemed a public nuisance. Any person violating any of the provisions of this section shall upon conviction thereof be fined in any sum not less than Twenty-five Dollars or more than One Hundred Dollars, and the fact of such con- viction shall forthwith be certified by the trial court to the Mayor of said City who shall thereupon abate the use and occupation of such place by such person until security shall be given tO' said City of Find- lay to the approval of the Mayor that said house or building shall not be used for any purpose in violation of this section. Sec. 156. It shall be unlawful for any female person to reside in any house of ill-fame in the City of Findlay, or resort thereto for the purpose of prostitution, or to use any indecent or lascivious language, gesture or behavior to entice persons therein for the purpose afore- said. or be guilty of lewd or lascivious behavior on any street or pub- lic place within said City of Findlay. Any person violating any of the provisions of this section shall upon conviction thereof be fined in any sum not less than Five Dollars nor more than Twentv-five Dollars. 34 C 4 ) 1 )iI'Iki) Ordinances oe the City of Findlay Sec. 157. Jt shall be unlawful for any male person of the age of sixteen years or over to reside in any house of prostitution or ill-fame in the City of Findlay, (Jhio, or for any male person to resort thereto or visit such jdace for the purpose of prostitution, or to aid, assist, abet or encourage the use of such place for any of the purposes prohibited by the terms of this ordinance. Any person violating any of the provisions of this section shall upon conviction thereof be fined in any sum not less than Five Dollars nor more than Twenty-five Dollars. Sec. 158. It shall be unlawful for any person owning or having control as guardian, lessee or otherwise of any house, room, or build- ing situate within the City of Findlay, Ohio, knowingly to lease or sublet the same for the purpose of keeping therein a house of prosti- tution or ill-fame, or knowingly to permit the same to be used or occupied for such purpose, after having been notified of the fact of such use by the Mayor or Chief of Police of said City. Any person violating anv of the provisions of this section shall upon conviction thereof be fined in any sum not less than Twenty-five Dollars nor more than One Hundred Dollars, and the fact of such conviction shall forthwith be certified by the Trial Court to the Mayor of said City who shall thereupon abate the use and occupation of such room, house or building as to the person so convicted until security shall be given to said City of Findlay to the approval of the Mayor that said room, house or building shall not be used for any purpose in violation of this ordinance. — Vol. D, Page 184. Sec. 159. It shall be unlawful for minors under the age of six- teen years to loiter or to be unnecessarily upon any of the streets, alleys or public places in the City of Findlay in the night season after the hours of eight o’clock from the first day of October to the thirty- first day of March, inclusive and after the hour of nine o’clock from the first day of April to the thirtieth day of September inclusive, unless accompanied by parent, guardian or reputable adult person having charge of such minor. Sec. ibo. It shall be unlawful for any parent, guardian or other person having custody or control over any minor under the age of sixteen years of age, within the City of Findlay, to allow or suffer any such minor to loiter or remain upon the streets, alleys or ]:>ublic l^laces in the Citv of Findlav in the night season after the hour of eight o’clock from the first day of October to the thirty-first day of March inclusive and after nine o’clock from the first day of April to the thir- tieth day of September inclusive, unless accompanied bv such parents, guardian or ]:)erson having custodv or control of such minor, or by some reputable person bv such parent, guardian or person having custody and control of such minor authorized. Sec. t6i. Anv person found guiltv of any violation of the two preceding sections of this ordinance shall be fined in any sum not ex- ceeding Five Dollars. Sec. 1O2. It shall be the duty of any |)olice officer of the City who shall find any minor under the age of sixteen upon the streets, alleys or ])ublic places of the City of Findlay in violation of this ordi- nance to at once warn such minor to leave the streets, alleys or ])uhlic CoDlFIKl' OrDINANCKS of TIIIC ClTY OF FlNDI.AY 35 places where such minor may be found and if such order is not com- ]died with -by such minor, such officer shall without nnnnecessary delay file a complaint in a court of competent jurisdiction. It shall further be the duty of Police officers having knowledge of the neces- sary facts to make complaint in a court of competent jurisdiction against any parent, guardian, or other person having custody control of any minor found violating this ordinance. Sec. 163. The Fire Chief may in his discretion cause the hours named in Sections 159 and 160 of this ordinance to be designated by twelve even strokes of the fire bell. — Vol. Page 513. Sec. 164. That it shall be unlawful for any person or persons being the owner, occupant, keeper or proprietor of any house, shop, store, saloon, room or other place within said City to permit the same to be used, frequented or resorted to by gamblers for the purpose of carrying on their profession or to allow, permit, assist in, aid, abet or encourage gambling at or within any of the places aforesaid or any game of cards or any other game of any kind for gain. Any person or persons violating the provisions of this section or any of them shall, upon conviction thereof, be fined in any sumi not less than ten nor more than Fifty Dollars for each offense. Sec. 165. It shall be unlawful for any person to enter, resort to, use or frequent for the purpose of gambling, any shop, store, saloon, room or other place within the City of Findlay, used or occu- pied for the purpose of gambling, or where or in which gambling is allowed, permitted or encouraged. Any person violating the provis- ions of this section shall, upon conviction thereof, be fined in any sum not less than Five nor more than Thirty Dollars. Sec. 166. Any person or persons who, within said City of Findlay, shall gamble for money or other thing of value, or shall en- gage in any game of cards or any other game whatsoever for gain or wherein money or other thing of value or consideration whatever shall be staked or bet upon such game or who shall stake or bet money or other thing of value upon games played by others aforesaid shall, upon conviction thereof, be fined in any sum not less than ten nor more than Fifty Dollars. — Vol. A, Page 366. Sec. 167. That the Mayor of said City hereby is authorized and directed to destroy or cause to be destroyed by burning or otherwise, all instruments and devises used for the purpose of gambling which have been or may hereafter be found, taken or seized by the police of the City or other authority in any gambling house, room, place or premises in said City, kept or used as a place for gambling or playing therein for wagers of money at any game of chance and which instru- ments have been brought before a Court of competent jurisdiction for the purpose of testimony or otherwise and proved to its satisfaction to have been so used and seized in such gambling places. — Vol. A, Page 564. Sec. 168. That it shall be unlawful for any person or persons to engage in or be employed at cock fighting, dog fighting or to pit one animal against another of the same or of a different kind or any other similar cruelty to animals or to receive money for the admission of any person to a place kept for any such purpose, to use, train or possess a C(Ji)iFrKi) Ordinancks of tiif City of Findlay (loi^ or otiier animal for the purpose of seizing, detaining or mal- treating any domestic animal within the limits of the City. Si’X'. i()9. That -every person or persons guilty of any offense mentioned in Section i68 of this ordinance shall upon conviction thereof lie lined in any sum not more than One Hundred Dollars nor less than Five Dollars, — Vol. 13, Page 91. Skc. I/O. It shall be unlawful for any person or persons, be- tween five (5) and eighteen (18) years of age, to get on or off, or attempt to get on or off, or cling to any street railway car or cars, within the City of Findlay, Ohio, while said car or cars are in mo- tion. Sfc. 171. It shall be unlawTul for any person or persons to get upon or attempt to get upon any street car within the City of Find- lay, Ohio, for the purpose of obtaining a ride thereon, without paying his or her fare without the consent of the manager of said car. Sfc. 172. It shall be unlawful for any person or persons to get upon or attempt to get upon any carriage, sleigh or other vehicle while driven on or occupying any of the streets, highways or other public thoroughfares of the City of Findlay, Ohio, without the consent of the owmer or driver thereof being first obtained. Sfc. 173. Any person violating any of the provisions of Section 170 to 172 inclusive, shall, upon conviction thereof, be fined in any sum not less than One ($i.oo) Dollar, nor more than Five ($5.00) Dollars . — ‘VoL D, Page 190. CHAPTER XIX. MUFFLERS. Sfction 174 Gas and Gasoline Engines to be equipped with. Sfction 175 Penalty. Sfc. 174. That every user of a gas or gasoline engine, operated within the corporate limits of the City of Findlay, Ohio, shall equip said engine with an efficient muffler, through wdiich the exhaust from said engine shall be passed. Sfc. 175. Any failure to comply wdth the requirement of the preceding section shall be punishable by a fine of not less than Ten Dollars ($10.00) nor more than Fifty ($50.00) Dollars. — Fol. D, Page 3 ^ 7 - ' CHAPTER XX. OFFICERS. SfcttoxY 176 Salaries and P)Onds. Sfctton 177 Salaries, how^ payable. Sfction 178 Duty of Clerk of Council. Sfction 179 Inspector of Gas. Sfction 180 Appointment and r>ond of. Sfction 181 Duties. CoDri'TKn Okhinancks or tmf, City or Findlay 37 SrcTioN SrcTioN Section Section Section Section Section Section Section 1S2 When meter deemed correct. 183 Fees of. 184 Notice before disconnecting meter and certificate. 185 Inspector to have access to factories, etc. 186 Council to provide appliance for. 187 Street Commissioner — Appointment of. 188 Sidewalk Inspector. 189 City Engineer. 190 Records to be kept. of Findlay, Ohio, shall, during the term of two (2) years ceeding the hrst day of January, 1912, receive the salary into the bond herein fixed, which salary and bond for the offices and employments shall be as follows : Office. Salary Mavor $1200.00 INIavor’s Clerk — . 480.00 Auditor - 1200.00 Solicitor 1000.00 Trpa<^iirer ^00.00 next suc- and enter respective Bond. $ 3000.00 500.00 5000.00 3000.00 75000.00 2000.00 Director of Service — .. 900.00 Director of Safetv - .. 720.00 2000.00 Superintendent of Water Works ... 1000.00 2000.00 Street Commissioner .. 780.00 1000.00 Sidewalk Inspector .. 120.00 City Engineer - 900.00 2000.00 President of Council - - .. 150.00 1000.00 ^Members of Council, each .. 100.00 100.00 Superintendent Cemeterv — .. 900.00 1000.00 Chief of Police - - 900.00 2000.00 Patrolmen, each — . .. 720.00 100.00 Chief of Fdre Department .. 900.00 1000.00 Firemen, each .. 720.00 100.00 Superintendent Garbage Plant .. 480.00 Matron Hospital .. 840.00 Assistant Matron Flospital .. 480.00 lanitor Hospital .. 360.00 Flealth Officer .. 720.00 1000.00 Inhrmarv Director .. 100.00 lanitor Citv Building .. 600.00 100.00 Clerk Department Service - .. 400.00 1000.00 Clerk Cemeterv .. 200.00 Clerk Council .. 300.00 Clerk Board Control .. 100.00 Clerk Department Safetv .. 300.00 500.00 Clerk Vvffiter Works .. 500.00 2000.00 Clerk Sinking Fund Trustees .. 100.00 Assistant Clerk Water Works .. 360.00 Alembers Civil Service Commission, each 25.00 Water Works Engineers, three each .. 780.00 1000.00 38 C(Jf)II- (K,l) OrdINANCKS ()i‘ THli CiTY OF FlNDLAY ( )ne Sanitarv Ik)lice 600.00 100.00 One Sanitarv Folice 720.00 100.00 Librarian 600.00 100.00 Assistant Librarian 300.00 laiiitor for Librarv 84.00 Sealer of Weights and Measures 120.00 200.00 — Vol. D, Page 380. SiCC. 177. That said salaries shall be payable monthly out of the City Treasury, that no officers shall receive or demand any fee, fine, compensation or reward in addition to said salary, and all fees or other compensation which may come into the hands of any said officers shall be paid into the City TreasuiA by the officer receiving- the same. — Vol. C, Page 244. Sec. 178. That it shall be the duty of the Clerk of Council to be present at every regular and special meeting of the Council unless excused by the President, to keep a journal of all the proceedings of Council, and a -11 other records which are now in use or rec(uired by law, or which may hereafter be adopted by the Council or other legal authority, and to prepare and keep up indexes to all such books and records, and to make all transcripts required by the Council. He shall do all the work usually ])erformed or required of a secretary or clerk, and perform all the duties required of said officer by statute, and keep and ])reserve all the records of the office during his term and turn over to his successor all such records and all other property of the City. It shall be his duty to^ notify in writing all public officers and boards, persons and corporations of any action of the Council conferring an api^ointment or imposing a public duty. The Council will choose an assistant to the Clerk, whose duty it will be to serve all important notices. — Vol. D, Page 2. Sec. 179. That the office of Inspector of Gas in and for the City of Findlay, Cfifio, be and the same is hereby created. Sec. 180. The Mayor of said City shall, with the confirmation of Council, appoint some suitable and competent person, who shall be known as the Inspector of Gas, who shall serve for the term of one ( 1 ) year and until his successor is a])pointed and qualified, shall enter into Bond, ])ayable to the City of Findlay, in the sum of $iooa.oo, conditioned for the faithful performance of his duties, and shall ])er- form such duties as are herein provided, or may hereafter be prescribed by Council. vSec. 18 1. Said Ins])ector of CHs shall, upon written demand of any consumer of natural or artificial gas, or any party furnishing- such gas, inspect the (piality of the gas so lieing furnished in said City by any j.^erson, firm, or corporation ; and test anv meter used by any per- son, firm, or corporation, to measure either natural or artificial gas furnished to a consumer; and upon like demand, of any user of elec- tricity or party furnishing electricity, test anv meter used by any ])er- son, firm, or corporation, to measure electricity furnished to a con- sumer; aufl if ujjon such ins])ection, such natural or artificial gas is not of the standard required by the laws of the State of ( )hio or of the ordinances of the Citv of Findla\, ()hio, then the compensations for such inspection shall be paid by the person, firm, (U* cor])oration fur- Coi)ii'!i:n Ordinances oe the City oE Findi.av 39 nishiiig' such g'as. If upon such inspection such gas or electric meter be found incorrect then the compensation for such inspection shall be paid by the person, firm, or corporation owning such meter, otherwise, by the person, firm, or corporation demanding such inspection. Sec. 182. A gas or electric meter not exceeding 3 per cent fast or 3 per cent slow shall be deemed correct within the meaning of this ordinance. Sec. 183. Said Inspector of Gas shall receive for his services, the following compensation, to-wit : For making an inspection of quality of gas, $10.00. For inspecting, proving and re-setting a gas meter, $1.00. For testing, proving, and re-setting an electric meter, $1.00. Sec. 184. Before disconnecting any meter, the Inspector of Gas, shall notify in writing, the person, firm, or corporation, furnish- ing natural or artificial gas or electricity, through said meter, of the time, and place of such disconnection. And the party furnishing such electricity or gas, shall have the privilege of being- present and making such disconnection and of re-setting said meter if correct, at his or their election, but failing to do so, the Inspector is hereby authorized to disconnect such meter and make a temporary connection to supply the consumer pf such gas or electricity, during the interval of test or inspection, and if upon inspection such meter be found correct, said Inspector shall promptly and carefully, re-set the same. Any meter found upon inspection to be correct shall be so certified by the Inspector and sealed by him. In case any meter so tested shall be found incor- rect such meter shall not be re-set until it has been corrected by the owner thereof, nor shall any meter be hereafter set which is not cor- rect. Either the person, firm, or corporation furnishing gas or electricity, or any consumer may, at his or their election, before any meter shall be set either by the consumer or party furnishing gas or electricity in this City, require the Inspector of Gas to prove such meter, and if correct to so certify and properly seal the same, upon payment of a fee of $.25 to such Ins]:)ector, which fee shall either accompany the de- mand for the original inspection of such meter, or be paid before such Inspector of Gas shall be required to perform such services. Any party interested in the result shall be permitted to be present at the making of any inspection or test by the Inspector of Gas. The result of any such inspection shall be certified in triplicate by the Inspector of Gas, one copy of said certificate shall be delivered to the party furnishing such gas or electricity, one copy to the consumer, and the third copy placed on the files of the office of Inspector of Gas with the demand for such inspection. Any person, firm, or corporation setting any meter contrarv to the provisions of this section, or violating any of the provisions of Section 7 iiereof, shall be deemed guilty of a misdemeanor and upon con- viction thereof, shall be fined in any sum not less than Fifty ($50.00) Dollars nor more than Two Hundred ($200.00) Dollars. Sec. 185. The Inspector of Gas shall at all reasonable times, have right of access to, and inspection of, all factories, shops or works where gas or electricity is manufactured or consumed in said City and all appliances therein, or appurtenances thereto, and may in the per- 40 CoDiFiKi) Ordinances oE the City oe Findlay formaiice of his duties enter and inspect any premises where gas or electricity is manufactured or consumed. Si<:c. i86. Council shall provide the Inspector of Gas, from time to time, with such tools and appliances as shall be necessary to a proper discharge of his duties and shall ])rovide a place where the same may be safely kept. Nothing in this ordinance contained shall be so construed as to preclude the owner of any gas or electrric meter from removing the same for the purpose of repair. — Vol. D, Pages 158-201- 213. Sec. 187. That the Director of Public Service shall elect a Street Commissioner whose duty it shall be to superintend the clean- ing and repairing of all streets, public highways, cross-walks, and catch basins in the corporate liniits of said City, which territory is hereby formed and established as a road district. That said Street Com- missioner shall be under the conrtrol of and subject to the orders of said Director of Public Service, while in the performance of his duties' — Vol. Cj Page 281. Sec. t 88. That the said Sidewalk Inspector shall be and is hereby invested with police powers the same as the City Police Force and his duties shall be to inspect and look after the construction of sidewalks constructed by order of the Council and do and perform such other duties as the Council may from time to time order. He shall be under the control and authority of the Mayor for the purpose of hunting up and procuring the numbers and owners of lots along which the Council orders sidewalks to be constructed and for the service of notice for the construction of the same. — I T/. B, Page 55, Sec. 189. The Civil Engineer shall perform and discharge all duties made incumbent upon said office by the laws of Ohio and the ordinances of the City now in force and hereafter to be passed, and all such other duties as may be required by the rules, regulations and res- clutions of the Council from time to time adopted. Sec. 190. The Civil Engineer shall procure a suitable book to be paid for and owned by the City, in which he shall record all grades, surveys, distances, places, bench marks, heretofore and hereafter made, and all other matters and information necessary to secure the engi- neering interests of the City ; which book at the expiration of his term of his office, he shall deliver to his successor. — Vol. A, Page 512. CHAPTER XXI. PARKS AXD PUBLIC BUILDINGS. Section 191 Unlawful to deface or injure. Section 192 Penalty. Section 191. 'Fhat it shall be unlawful for any person to mar deface, or in any manner injure any of the ])ublic huildings of said City, or to pluck, injure or destroy any of the flowers, plants, shrubbery or trees tliat are now growing, or may hereafter be planted, set out or grow ir. any of the public parks or along or upon any of the public str-eets or avenues of said City. O^DiriHo Okdinancf.s of the City of Findlay 41 Sec. 192. Whoever violates Section 19 1 of this ordinance shall upon conviction thereof be fined in aii}^ sum not less than One Dollar nor more than Twenty-five Dollars and cost of prosecution. — Vol. B, Page 544. CHAPTER XXII. POLICE COURT. Section 193 Section 194 Section 195 Section 196 Section 197 Section 193. Court Established. Otfice of Police Judge Abolished. Mayor vested with power of Police Judge. Solicitor shall be prosecutor. Bond of Clerk. That a Police Court of and for the City of Find- lay, Ohio, be and the same is hereby created and established, the same being deemed expedient and required by law. That the officers of said Court shall consist of a Police Judge, a Prosecuting Attorney and a Clerk. That all persons charged with offenses against any City ordi- nance shall be put on trial for such offense in Police Court as herein created and established. — Vol. C, Page 286. Sec. 194. That the office of Police Judge of the City of Findlay, Ohio, be and the same is hereby abolished. Sec. 195. That the Mayor of the City of Findlay, Ohio, is hereby vested with the powers of a Police Judge as provided by the Revised Statutes of the State of Ohio. — Vol. D, Page 344. Sec. 196. That the City. Solicitor shall act as Prosecuting Attor- ney of said Court unless otherwise provided by the Council. Sec. 197. That the Clerk of said Court shall give bond in the sum of $1000.00, conditioned according to law. — Vol. C, Page 246. CHAPTER XXIII. POLICE DEPARTMBXT. Section 198 Number of officers. Section 199 Salaries. Section 200 Bonds. Section 201 To be classified. Section 202 Resisting officers. Section 203 Penalty. Section 204 Uniforms. Section 205 Equipment. Section 206 To be returned. Section 207 To be worn by Officers — When. Section 198. That the Police Department of the City of Find- lay, Ohio, shall be composed of the following officers, to-wit ; One Chief of Police and Eight (8) Patrolmen. 42 CoDiKiici) Ordinancics of thic City of Findlay Sicc. 109. The salaries of the officers of the said department shall be in tlie amounts following- to-wit: Chief of Police $75.00 per month, each patrolman $60.00 per month. Skc. 200. The bonds of the officers of said department shall he in the amounts following, to-wit: Chief of Police $1,000.00. Each Patrolman $100. Sfc. 201. The Police Depaartment as constituted herein shall he classified for appointment thereto hy the Director of Safety as re- (jiiired by law. — Vol. D, Page 263. vSfc. 202. That it shall be unlawful for any person or persons to knowingly and wilfully ‘resist, obstruct or abuse any police officer in the discharge of his duties. Sfc. 203. That whoever violates any of the provisions of Sec- tion 202 of this ordinance, shall, upon conviction thereof, be fined in any sum not more than Five PTundred Dollars or imprisoned more than thirty days. — PoJ. B, Page 139. Sfc. 204. That the members of the police force of the City shall be uniformed and eciuipped as follows : The uniforms shall consist of a double breasted sack coat, single breasted vest, double breasted overcoat, and trousers, and black fur police helmet ; that said coats and vests and trousers to be made of dark blue cloth the coats and vests to be trimmed with CTerman silver buttons ; the hats to be trimmed with cord and acorn band. Sfc. 205. Each member of said force shall be equipped as fol- lows : One Bean's patent flexible 14-inch police club ; one Tower's perfect twisters: one Bean's Police Call; one No. 4 a number and wreath for hat; one 4 a badge, lettered “City of Findlay.'" Sfc. 206. The buttons for the uniform and the equipments men- tioned in Section 2, shall be furnished by the City, and when delivered to anv police officer he shall be charged with and accept and be re- sponsible for the same, and at any time on demand by the Mayor, or when his term of office expires, resignation, discharge or otherwise, he shall return the same to the Mayor in good order, and shall give bond in. such sums as the Council by resolution may from time to time pre- scribe, that he will safely keep and return said equipments mentioned in Section 205. Sfc. 207. All police officers whenever and while upon duty shall wear the uniform and equipments required by this ordinance, unless and except Avhen for sufficient reason otherwise ordered by the Chief of Police. — VoL A, Page 510. CHAPTER XXIV. PUBLIC HEALTH. Sfction 208 Hogs and sheep — Keeping of. SiCCTlON 209 [vocation of hog pens. vSi-:cTioN 210 Privv vaults. Sfction 21 1 How conveyed through streets. Sfction 212 Disinfecting contents before removal. CoDiinen Okdinancks of tiif City of Findlay 43 Sl^CTlON 213. Jcl. Section 214 Slaughter liouses. Section 215 Rendering impure animal matter prohibited. Section 216 Nauseous odors — How cared for. vSection 217 Putrid substances — Keeping of prohibited. Section 218 Rules of Board of Health to be obeyed. Section 219 Penalty. Section 220 Sanitary Rules and Regulations of the Board ot Health of the City of Findlay, Ohio. Section 221 Duty of Undertakers. Section 222 When burial must take place. Section 223 Pest House. Section 224 Regulation of contagious and infectious diseases. Section 225 Regulation of schools. Section 226 Buildings to be provided with privies, etc. Section 227 Location of privies. Section 228 Privv Vault — Not to be located near water supply. Section 229 Night soil — Not to bury. Section 230 Permit to transport night soil. Section 231 Who may remove. Section 232 How to be removed. Section 233 Vessels not to stand in streets. Section 234 When may be removed. Section 235 Not to remove without permit. Section 236 Price. Section 237 Foul liquids to be taken care of. Section 238 Fat — Rendering of — etc. Section 239 Slaughter houses. Section 240 Uncured hides. Section 241 Removal of manure. Section 242 Dead animals — Not to bury. Section 243 Cellars, etc. — Not to remain offensive. Section 244 Openings between buildings — Not to be used as privies. Section 245 Offensive matter to be cared for. Section 246 Animals — Not to keep where offensive. Section 247 Offensive matter not to be used to fill low-places, etc. Section 248 Dead animals not to lie on streets, etc. Section 249 Regulations as to employees. Section 250 Limitation of tenants. Section 251 Permits to remove offensive matter. Section 252 Dump grounds. Section 253 Protection of River. Section 254 Catch basin — How cleaned. Section 255. Drainage of cellars, etc. Section 256 Slop bowls to be removed. Section 257 Traps — When to be provided. Section 258 Diseased meats — Prohibited. Section 259 Food regulation. Section 260 Sausage and meat preparations. 44 CoDii'iKi) Ordinancks of tiif City of Findlay vSfctjon 261 vSFCTlON SlCCTlON Sfction Sfction 262 263 264 265 Animals with certain diseases not to be kept in City. » Certain weeds prohibited. Ice — Where not to be cut. Health ( Ifficer’s acts to be held acts of Board. Penalty. RULES AND REGULATIONS OF THE BOARD OF HEALTH GOVERNING THE SALE OF MILK AND CREAM. Record of persons engaged in business. Permits required. Fee for permit. When permits are issued — Application. Conditions required. Permit to be issued when. Permit — When revoked. Inspection of Dairy herds. Health Officer to have right to inspect. Herds within county — How inspected. Not to sell milk from diseased cow. Right to take sample of milk for inspection. Milk wagons to be labeled. Dairy premises — How kept. Requirements of milk. Requirements as to stables and feed. Requirements as to milkers. Care of milk. Care of bottles, cans, etc. Persons with contagious and infectious diseases — Not to milk, or handle milk, or vessels. Dealers to post names of dairymen whose milk is bought. Board may open vessels tO' make inspection. Board to keep record of proceedings. Cream. Impure milk to be confiscated. Slops not to be kept for purpose of feeding cows. Milk tickets — Not to be re-issued. Dimitations of Rules. Repeals. Penalty. Sanitary District. . Penalty. Sanitary District. Sewer connections — When to be made. Notice by Board of Health. Penalty. No person or collection of persons living as or com- posing one family, shall he allowed to keep more than one animal of the Sfction 266 Sfction 267 Sfction 268 Sfction 269 Sfction 270 Section 271 Section 272 Section 273 Section 274 Section 275 Section 276 Section" 277 Section 278 Section 279 Section 280 Section 281 Section 282 Section 283 Section 284 Section 285 Section 286 Section 287 Section 2S8 Section 289 SEC'I'ION 290 Section 291 Section 292 Section 293 Section 294 Section 295 Section 299 Section 297 Section 298 Section 299 Section 300 Section 301 Section 208 O^lMl'lED OrDKYAXCKS 01‘ Till-: CiTV Ol-' FiNDLAY 4d hog kind or sheep kind in any pen or inclosure on any premises in the City of Findlay, Ohio, containing less than one acre in an en- closed tract, at any one time ; provided, however, that before so keej)- ing any animal of the hog or sheep kind, the person or persons as above described shall first have obtained a written permit from the Foard of Health or the Health Officer of said City to so keep such animal or animals and such permit may at any time be revoked by said Board, and each and every pen for such animal shall have a floor of wood or stone and be under cover, and provided, further, that in parts of the City remote from the thickly settled districts or in parts used for agricultural purposes, the Board of Health may give per- mission subject to revocation for cause, to keep a greater number of animals of the hog or sheep kind. — Vol. C, Page 91. Sec. 209. That no person or persons shall place or allow to be used any hog pen, privy, chicken coop or poultry house, barn or barn- yard or place where horses or cattle are kept nearer the abutting or adjoining lot of any other person than six feet, or nearer any street, avenue, park or public ground ( except public alley) than thirty feet ; or on a corner lot if opposite a lot front and when such lots abutt and no alley separates the corner lot from such other lot, then not nearer than thirty feet to the property line between such lots. — Vol. C, Page 204. Sec. 210. No privy vault, sink or hole used as a place of de- posit of night soil in the City shall be allowed by the owner, lessee, agent, tenant or occupant of the premises upon which such privy, vault, sink, or hole shall be situated, *to become filled within two feet of the general surface of the ground in its immediate vicinity, nor shall any person or either or any of them allow the contents of said privy vault, sink or hole, to be drained into any hole or excavation in the ground, nor shall such person or any or either of them allow the con- tents to be covered with earth or other substances and allowed to re- main in the ground without a written permit from the Health Officer, nor shall any privy vault, sink or hole be abandoned unless the same is first cleaned. .S'ec. 21 1. No contents of any sink, cess-pool, privy vault or other filthy place, or soluble night soil, shall be transferred through streets, avenues, alleys or otlier public places of the City, except in some air-tight apparatus that shall prevent the contents from emitting nauseous or unwholesome odors, vapors or gases, nor shall any portion of such contents be spilled or deposited on any street, lane, alley or public place in the City or so near thereto as to be offensive to the public. Sec. 212. All privy vaults and cess-pools shall, from time to time be emptied and cleaned whenever ordered bv the Board of Health, but their contents shall first be disinfected and rendered inoffensive by the owner, lessee or occupant of the premises where the same may be, or in default of the same being so done by the owner, then by the contractor, who removes or is about to remove the same. And for all such matters so disinfected and rendered inoffensive the person (not being such tenant, owner or occupant) ’who shall so disinfect and re- move the same shall be entitled to demand and receive such compensa- Conii'iKn Ordinances oe the City oE Findlay 46 tion as the I’oard may from time to time determine, to be paid by such tenant, owner or occupant. Sec. 213. No person or persons shall engage in the business of removing- or conveying away the contents of any privy vault or other receptacles of night soil, within the limits of the City, unless said con- tents shall first have been completely deodorized by the application of an intermixture of a solution of not less than six pounds of copperas in each vault, and as much more as may be necessary, or by the use of some other deodorizer to be approved and ordered by the Board of Health, or by the use of some odorless apparatus, approved by the Board of Health and its use to be subject to such rules and regulations as said Board may prescribe. Sec. 214 No place shall be used or occupied as a slaughter house in this City, except by the permission of the Board of Health and every butcher and every person owning, leasing or occupying any place, room, or building where any cattle have been or are killed or dressed, and every person being the owner, lessee or occupant of any room, stable, (where any cattle may be kept) or market, public or private, and having authority to do so, shall cause such place, room, building, stall and market and their yard and appurtenances to be thoroughly cleaned and purified, and all offal, blood, fat, garbage, refuse and un- wholesome or offensive matter, to be removed therefrom, at least once every twenty-four hours, after the use thereof for any of the pur- ]joses herein referred to, and shall also at all times (unless some public authority prevents ) keep all wood work save floor and counters in any building, place or premises aforesaid thoroughly painted or white- washed. Sec. 215. No person shall boil, steam or render any offal, swill, bones, impure animal matter or grease within the City, nor shall the business of bone crushing, bone boiling, bone grinding, bone burning, shell burning, nor skinning or making glue from any dead animals or parts thereof, nor any other occupation that is dangerous or detri- mental to life or health, be permitted in 'the City without a special per- mit from the iBoard of Health, nor shall any ]:)erson work or engage in such business or occupation, and every such iDusiness and pursuit shall be promptly discontinued unless the continuance thereof shall be al- lowed by a permit from the Board of Health. Sec. 216. I,ard, fat and tallow rendering and heating, or steam- ing of any vegetable ])roduct, or substances generating nauseous, or unwholesome odors, or gaseous vapors, shall be conducted in steam tight kettles, tanks, or boilers, and such method adopted as will en- tirely conrlense, decompose, deodorize, or destroy the odors, vapors, and gaseous products emanating therefrom. Se'C. 217. No soap boiler, tallow, chandler, candle glue, butcher or dealer in hides, skins, groceries, ])rovisions, or other persons shall kee]) or use or cause to be ke]H or used any stale, or ])utrid or stinking- fat, grease, meat, hides, or skins, or any putrid vegetable or animal sub- stances, within the City, nor shall undressed hides or skins be suffered to remain on anv sidewalk or in any avenue, street, lane, alley or ])ub- lic ])lace, for a longer perirod* of time than is indispensably necessary for the receiving, delivering, loading or unloading of the same. Coi)iini-:i) Okdinancks (u- Tine City of Findlay 47 SiCC. 218. Fverv person shall observe and obey each and every special res^nlation and every order of the l>oard of Health, that is or may he made for carryins^ into effect any of the foregoing rules, regu- lations, ordinances or i)ovvers or any law of this State or otherwise, whether issued directly by the Board, or promulgated hy its Health Officer as if the same has been herein inserted at length. Sec. 219. Any person who shall do or permit or suffer anything to be done or continued which is prohibited by this chapter or any section or snb-division thereof, or which may be prohibited, by the Board of tlealth. he or she having power and authority to prevent or discontinue the same, or shall refuse or neglect to do anything herein required and enjoined or which shall be hereafter by ordinance law- fully and legally ordered or required by said Board, he or she having power and authority to comply with or cause the same to be complied with, shall be deemed guilty of, having caused, permitted, or continued the nuisance, act or thing- so prohibited and complained of or guilty of refusal 10 comply with such order, and shall be fined for each offense a sum of not exceeding Fifty Dollars and not less than One Dollar, and each day’s continuance of any nuisance after notice from the Board or any of its officers shall be deemed an additional offense. Sec. 220. Whoever violates any written order or notice from the Board of Health made in pursuance of the laws of the State, or of this chapter, or whoever obstructs or interferes with the execution of any such order or wilfully or illegally omits to obey any such order shall be fined in any sum not less than One Dollar and not more than Fifty Dollars. Sec. 221. It shall be the duty of every undertaker, or other per- son before removing any corpse for burial, to obtain from the depart- ment of Health a permit to do so ; and before obtaining such a permit he shall deposit in their office a certificate setting forth as nearly as can he ascertained, the name, age, sex, nativity, color and occupation, whether married or single, number and street of late residence in the City; time of residence therein and (when a non-resident) place of previous residence, cause and date of death, duration of last illness, and the place and date of intended interment and any other informa- tion required by the Board of Health on printed form to be furnished for such purpose, which certificate shall be signed by the physician or surgeon in attendance at the time of death. In case no physician or surgeon was in in attendance, the the certificate shall be signed by some relative or attendant, and all certificates necessary to complete a proper death return, whether signed by physicians, surgeons, undertakers or other persons, shall be plainly and legibly written with ink. In case a coroner’s inquest shall he held, that fact shall be stated and the cor- oner shall be required to certify the facts to the Department of Health. If any such physician, surgeon, relative or attendant refuse to sign such certificate such undertaker or other person shall report the same to the Health Officer, who shall forthwith investigate the case. No undertaker or other person shall use any vehicle other than a hearse, for the purpose of conveying to any cemetery the body of any person dying with cholera, yellow fever, smallpox, scarlet fever, diphtheria or other contagious disease, and a hearse so used shall not again be used until 48 CoDiPJKi) ()r])inancks of thf City of Findlay tliorouj^-lily fumigated and disinfected; nor shall the body of any such -])erson he carried into any church, hall or other public place. Sfc. 222. In case at any time the unburied remains of a de- ceased person begin to emit an oft'ensive odor, such remains, whether deposited in a vault designed for the reception of bodies, or elsewhere within the City, shall be buried within twelve hours thereafter, or within such longer time as, in a particular case, the Hoard of Health may hx, for good cause shown ; and when such remains are in a receiving vault of the kind herein mentioned the sexton in charge of the vault and body, as well as the next of kin or other legal custodian of the body, shall be held responsible for any violation of this standing order. DISEASES. Sec. 223. A pest house, hospital, dw^elling, or place of abode in which any person ailing wdth any contagious disease, infectious, pes- tilential or other disease dangerous to the public health is or has been, shall be and remain under the control of the Board of Health so long as the disease exists or the place is dangerous to the public health ; and no person shall enter or leave the same if forbidden by the Board or its proper officers. Sec. 224. No person having any contagious disease, infectious, pestilential or other disease dangerous to public health, shall go into the public streets, places or conveyances, nor into any public or private house, other than his place of abode, or a pest house or hospital nor shall any member of the family, or person in attendance, w'ho may com- municate the disease ; nor shall any person give, lend, sell, transmit, convey, use or expose any clothing, rags, bedding, or other thing which has been exposed ; or use any carriage in wdiich such a person has been, until the same has been thoroughly disinfected and approved by the Board of Health. Sec. 225. No school, trustee, superintendent, board, teacher, or other person having charge or control of any school-room, school, or schools, public or private, shall admit to the same any person recently ill of, or exposed to any disease of the following classes, to-wit : Smallpox, cholera, yellow fever, typhus fever, diphtheria, membran- eous croup, scarlet fever, or measles, except ipion jiresentation of a written permit or certificate of recovery issued by the Board of Health. Sec. 226. Every room, building, or premises within the City wdiich are occupied by any person as a jilace of abode, or for manufac- turing, business, or other purpose shall be provided with ample and convenient water closet and privy accommodations, either within the building upon the premises, or conveniently near; and all such water closets and ])rivies shall be well constructed and in all respects suitable for the sexes and number of ])ersons employed in, or occupying such room, building or premises and shall at all times he kept in good repair and sanitary condition by the owner, lessee, occupant or other ]ierson having control of such room, building or premises. Sec. 227. No person or persons shall place or allow to be used any ])rivy nearer the abutting or adjoining lot of any person than six Comr'iED Okdinanctcs of tiif City of Findlay 49 feet nor nearer any dwelling-, street, park, or public ground, except a public alley, than thirty feet. Sfc. 228 No privy vault, cess-pool or reservoir intO' which a privy, water closet, stable or sink is drained, except it be water tight, shall be established or permitted to exist within fifty feet of any well, spring, or any other source of water supply used for drinking or cul- inary purposes. Sfc. 22Q. No person shall hereafter bury any night soil within the City of Findlay, nor shall any person place any night soil upon the surface of the ground, or mix it with the surface dirt of any garden or other lands within said City. Sec. 230. No person, company, or corporation shall remove, transport, or convey any night soil, or the contents of any privy from, through or into the City of Findlay, Ohio, without a permit to do so, first olDtained from the Board of Health. Sec. 231. Any person wishing to move, transport, or convey night soil or other contents o.f any privy from or through the City of Findlay, Ohio, may do so if he has the powder appliances therefor, and has complied wdth all ordinances of the City relative to the procuring of licenses, the giving of bond and obtaining of permits from the Board of Health. Sec. 232. No contents of any sink, privy or other filthy place shall be transported through the streets, avenues, alleys, or other pub- lic places of the City of Findlay, unless in an air-tight vessel, recepta- cle or wagon so constructed as to prevent the escape of nauseous odors, vapors, or gases. Sec. 233. No vehicle or receptacle for the removal of night soil, other substance of a filthy nature, or from which nauseous vapors or gases arise, shall be allow^ed to stand, except while loading, in any public street, avenue, or public gTound of the City of Findlay. Sec. 234 The removal of night soil, and other filthy substances or liquids, other than garbage as defined in the ordinance defining the same and providing for the removal thereof, shall be made only at such hours and in such a manner as the Board of Health may specify and adopt. Tf it is removed to the dump ground owmed or controlled by the City, it shall be done in strict conformity to the regulations prescribed by the Board of Health and the statutes of the State of Ohio, and if removed elsewdiere without the Citv, ample provision shall first be made to prevent its becoming a cause of offense or complaint. Sec. 235 No person shall remove the contents of any privy with- out a permit therefor from the Board of Health. Sec. 236. No person nor persons engaging in the business of vault cleaning shall be permitted to charge or collect from any person for so doing more than twelve and one-half cents per cubic foot for such service. PREMISES. Sec. 237. No distiller, tanner, soap boiler, brew^er, tallow candler, meat packer, dyer, liver}' stable keeper, manufacturer, market man, shop keeper, restauranter or other person shall discharge out of or per- mit to flow^ from his premises, any substance or liquor whatsoever that 50 Coi)iFiKi) Okdixancfs of the City of Findlay is or may become foul, putrid, nauseous, offensive or dangerous to pub- lic health. Sec. 238. No fat, lard, grease, flesh or bones shall be brought in- to the City to be rendered, melted, boiled or cleaned except in the pre- paration of human food ; and none shall be rendered, melted, boiled or cleaned within the city in the preparation of human food, if the opera- tion tends to make the premises and air in and about it nauseous or of- fensive. Sec. 239 No person owning or occupying any yard, room, build- ing, stall or other place where animals, fowls or fish are slaughtered dressed or cleaned or kept alive or dead, shall allow the premises or place to become nauseous, filthy or offensive. Sec. 240. No person shall keep within the City for more than 24 hours between the months of April and November, any uncured hides, except at the place where the same are to manufactured. Sec. 241. From every livery stable and private premises situated within five rods of any dwelling house where more than two animals of the horse, mule or cattle kind are kept, the manure shall be hauled away at least once a week between March and November of each year, and at least once a month during the rest of the year ; and when a private ])remises is situated more than five rods from any dwelling house or when a less number is kept at least once a year on or before Alay i and as much oftener as is necessary to avoid a nuisance. Sec. 242. No dead animal or animals shall be buried within the City of Findlay, Ohio, nor allowed to remain therein except when properly prepared and dressed for food purposes longer than twenty- four hours. Sec. 243. No person shall suffer or permit any cellar, drain, pool, sink sewer or other place upon any premises belonging to or occupied by him, to become or remain wet, foul or offensive. Sec. 244. No opening between or in the rear of buildings on street, or alley, public or private on public ground or place used as such, shall be, at any time, used for water closet or privy, nor shall any water or other substance or lic|uid be thrown from any window or other open- ing buildings, i^ublic or private, at any time. Sec, 245. Whosoever puts the carcass of any dead animal, or the offal from any slaughter house, or butcher’s establishment, packing house, or fish house, or any spoiled meat, or spoiled fish, or any putrid substance or decaying animal or vegetable matter, or the contents of any or the offal from any slaughter house, or butcher's establishment, pack- ing house or any fish house, or any spoiled meat or spoiled fish, or any ])utrid substance, or decaying animal or vegetable matter, or the con- tents of any ])rivv vault upon or into any river, creek, pond, road, street, alley, field, lot, meadow, ])ublic ground, market place or common, except at such place or places as may be ])rovided by the Hoard of Health, and whoever being the owner or occupant of any such ])lace, knowingly per- mits any such thing to remain therein to the annoyance of any of the citizens of this City, neglects or refuses to remove or abate the nuisance occasioned thereby, within four (4) hours after knowledge of its ex- istence upon any of the above described ])remises, owned or occujiied by him, or after notice thereof in writing from the Health Officer or CoDll'IKD ORDlNAiVCKS OF THK ClTY OF FiNDLAY 51 ])Oard of Health of this City shall upon conviction thereof be punished as hereinafter provided. Sec. 246. No person shall keep or use any pen for animals, chick- en coop or barnyard so near any other premises upon which any other person resides to be offensive, nor at any time in such manner that the contents thereof are discharged or run upon, said other premises, or on any street, lane or alley in the City. Sec. 247. No person shall deposit or use or allow to be deposited . or used to fill any low place or raise the surface of any lot or ground public or private, any substance or material which is offensive or tends by decay, to become putrid, or to render the surrounding water or air unwholesome or offensive. Sec. 248. No owner or possessor of any animal which shall have died from disease, or been killed, shall knowingly suffer the same to lie on any public ground, street, lane, alley, or any private lot or premises within the City. Sec. 249. Whoever employs or causes to be employed any person in any factory, workshop, or other place, shall not put at work in any room or place a greater number than the laws of health will warrant. He shall provide all rooms and places of employment with ample means of ventilation, shall provide such places with adequate means of escape in case of fire ; and shall securely guard all belting, shafting, gearing, elevators, ancl all other parts of machinery which would otherwise be dangerous to employees engaged in the discharge of their proper duties. Sec. 250. No owner, agent, landlord, lessee or other person hav- ing charge or control of any dwelling house, tenant house, building, room or apartments used by any persons as a place of abode or for working, cooking, living or sleeping rooms, shall at any time permit such house, building, room or apartments to be occupied by so great a number of tenants or occupants as to jeopardize the health, comfort or convenience of any of the citizens of the place, neighborhood, or city; and whenever the Board of Health shall, in view of all the circum- stances, consider that any such house, building, room, or apartments have become or are crowded to the extent aforesaid, and shall order, the owner, agent, landlord, or other person having charge or control of such house, building, room, or apartments, so to do, he shall immediate- ly cause such persons, or such proportion of said tenants or occupants as the Board of Health shall specify, to permantly remove out of such house, building, room or apartments. OFFAL AND DEAD ANIMALS. Sec. 251. No person shall remove or convey, personally, or by agent, into or through any of the streets, alleys, avenues, public grounds or other places within the City, any house offal, or any refuse from any dwelling, store, shop, or other place ; unless such person shall have pro- cured a written permit to do so from the Board of Health, prescribing the terms and conditions of such employment deemed essential to the health and comfort of the citizens. Sec. 252. The dump ground leased, contracted for, or owned by said Board as well as the improvements thereon, the wagons, barrels, and other implements used by said Board of Health, shall at all times 52 CoDii'iiCD Ordinances of the City of Findlay be under the absolute control of the Board of Health, and any person desiring to ^o upon said grounds, use said implements, tools or grounds, shall do so only by permission of said Board, and by comply- ing with its rules, regulations and instructions pertaining thereto. Sec. 253. No person shall throw or discharge into the Blanchard River or its tributaries within the City, excepting what is discharged through the underground sewers and drains, any liquid or solid, matter or thing whatsoever, unless by permission first obtained of the Board of Health of the City of Findlay. DRAINS AND SEWERS. Sec. 254. Any person emptying or cleaning a catch basin shall place the contents thereof in tight barrels or other receptacle and at once remove the same to the dump ground and before leaving said catch basin fill it wit clean water to a height covering the stench trap. Sec. 255. The person owning or controlling as tenant, agent or otherwise, any cellar, lot or parcel of land upon which the water stands or collects, or which is moist or wet by reason of a want of, or by reason of defective drains or sewers, shall as soon as known, level, drain, or sewer the same so as to make the same dry and sanitary. Sec. 256. For all premises within the City, whereon there is from time to time, surplus or refuse water or slops to be disposed of, and there is a public sewer so located as to permit the necessary connection, provision shall be made, by an adequate slop bowl, sink, or other suit- able arrangement connecting with the public sewer, to fully and com- pletely drain and carry into such sewer all surplus and refuse and re- fuse water and slops. Sec. 257. Every privy, water closet, urinal, sink, slop bowl, or other similar fixture, connected with any public or private sewer, shall be provided with a good trap, of standard pattern, located as near as practicable to such privy, urinal, sink or other fixture ; and such trap shall be so connected and adjusted as to wholly prevent the escape of gas at such sewer connection. Sec. 258. No person shall, within the City sell, offer for sale, or have in, at or about the store, market, stall, wagon, or other place where he offers or has meat for sale the meat of any animal having a swell- ing or ailment, or being to appearance, or within the knowledge of the owner or employe, in a condition other than strictly normal and healthy, unless before slaughter the animal has been examined by the Board of Health or properly designated instanter and in writing certified to be healthy and fit for human food. Sec. 259. No person shall within the City of Findlay, Ohio, either as owner, agent, employe, or otherwise, sell, furnish, offer, or expose for sale, or buy or have in possession with intent to sell or to furnish to any person, for consumption as human food or drink any of the fol- lowing : (a) The meat of any calf under four, or lamb under twelve weeks of age when slaughtered. (b) The meat of any animal killed when so far advanced in preg- nancy as to make the meat unwholesome. CoDiricD OrdinanovS or the: City or Findlay 53 (c) The meat of any animal killed while in an overheated or feverish condition. (d) The meat of any animal or fowl, when one or more from the same herd or flock have within thirty days previous to the time of kill- ing- such animal or fowl, been sick, or died of any disease communicable except upon permission in writing from the Board of Health. (e) That meat of any animal or fowl which, for some accident or other cause, suffered long continued pain before being slaughtered. (f) The meat of any animal or fowl which died of itself, or from which, for any reason the blood has not been properly drained. (g) The meat of any swine, fed wholly or principally upon swill, garbage, or offal, for the period of four weeks before slaughter- (h) The meat of any animal or fowl kept in any place where the water, food and ventilation were not sufficient for the preservation of a healthy condition. (i) x\ny substance or liquid intended for human food or drink, if the same is blown, putrid, decayed, heated-, impure, or unwholesome or has been adulterated or defiled in any way. And wherever any member or officer of the Board of Health shall find, in any place whatsoever any article, meat, substance or liquid be- longing to any of the classes enumerated in this standing order, in violation of its provisions, such member or officer may immediately con- demn the same, and take into his possession and make proper use or dis- position thereof as he may deem proper, or he may require a person having charge of, or being responsible for the same to make disposition thereof according to the directions of such member or officer. Sec. 260. Any person manufacturing sausage, cooked meat, or any other meat preparation, shall carefully inspect each and every piece of meat entering into such preparation, and shall reject any piece about which there is any doubt as to its being good and wholesome ; and any person selling such meat preoaration, or ofifering the same for sale, shall know and state truly when requested by a person interested, the kinds and all kinds of meat entering into such meat preparation, and the fact that such meat preparation was made without the City, shall be no excuse for not knowing and stating truly the said fact. Sec. 261. Xo person shall keep, retain, or employ to be retained within the City any horse, ass, or other animal having the disease known as the glanders or farcy nor any dog or other animal having the disease known as rabies, nor any animal known or supposed to have been in- fected by bite or otherwise, and liable to have either of said diseases. Sec. 262. Xo person shall allow to grow or bloom upon any lot or premises within the City, over which he has any control, as owner, agent, keeper, lessee, occupant, or otherwise, or upon or along the street, avenue, alley lane or sidewalk abutting the same, any ragweed, golden rod, or any other woody or vegetable growth which is or may become ofifensive or dangerous to health. ICB FOR DOMESTIC USB. Sec. 263. Xo ice shall be sold for domestic use in the City of Findlay, Ohio, that is cut or provided from running streams at points 54 CoDiKiKi) Ordinances of the City of Findlay below which sewerage is emptied, or from bodies of stagnant or impure water or from quarries containing sewerage or other foul or refuse mat- ters or substances of like character. Sec. 264. An act of the Health Officer ; a Sanitary Policeman, or other duly qualified officer of the Board of Health, when acting within the limits of reasonable exercise of authority or discharge of duty, shall be considered and held to be the act of said Board. Sec. 265. Whoever violates any of the sections of this Sanitary Code, or obstructs or interferes with the execution of any provision, or willfully or illegally omits to obey any such requirements of the Board of Health, shall upon conviction, be fined in any sum not exceeding fifty dollars and costs, and may be committed till said fine and costs are paid, or secured to be paid, or he be otherwise discharged by law. — Vol. .Page Sec. 266. The Board of Plealth of the City of Findlay, shall keep for public inspection a record of the names, residences and places of business of all persons engaged in the sale of milk and cream in said city. Sec. 267. No person or persons shall sell milk or cream within the City of Findlay without first having been granted a permit therefor by said board, as hereinafter provided. Sec. 268. Every milk and cream vender, selling or offering for sale, exchanging or delivering milk or cream within the limits of the City of Findlay, shall pay for a permit so to do, the sum of fifty cents. Said fee shall be paid when application is made for a permit under the provisions of said rules and regulations, and shall be paid, except as provided in the General Code, twice each year. Sec. 269. On or before the first day of January and July of each year, permits will be granted by the Board of Health for the half year or fraction thereof ensuing, to all applicants therefor, who have com- plied with the provisions of this ordinance ; but before the issuance of any permit to any vender of milk or cream, or either, he shall make an application thereof on a printed blank provided by the Board of Health for that purpose, on which it shall be stated under oath : ( I ) The name, residence, postofffee address of the applicant and the location of the dairy or business place for which the permit is de- sired. ( 2) If the applicant be a producer of milk or cream, the average number of cows kept from which milk is produced for sale, and the kind of feed which the cows are given. (3) If the applicant is a vender only, the source of his milk or cream supply, and the average number of gallons purchased daily for trade purposes. Sec. 270. If after the issuance and delivery of the permit any change be made in the location of the place of business or the number of cows stated in such application, notice thereof must forthwith Ix' given in writing to the Board of Health. If any person engage in the business of vending milk or cream after said first day of January and before the first day of July, or after said first day of July and before said first day or January following, he shall forthwith make application for a permit for the remainder of said one-half year. If said a])plicant I ConiKlKI) OK!)rNANCF,S f)F THIC ClTY OF FiNDLAY 55 IS a producer of milk, said application shall state the number of cows in his dairy herd, or if he buy of a producer of milk, of from any other person or persons, the such application shall state the number of cows in the dairy herd of the person or persons from whom he obtained such milk. Sec. 271. Tlie said Board shall not issue any such permit until they are satisfied, after inspection, with the cleanly and sanitary condi- tion of the stable, cows, wagons, store or place of business of the ap- plicant therefor, and of all of the utensils used by him from which his milk or cream is obtained or into which it may be placed, and that the food given to the cows is pure and wholesome, and that all persons en- gaged in the caring of the cows and handling of the milk or cream are free from any contagious disease, and that said persons use proper cleanliness m their work. Such application shall be signed by the ap- plicant, and when received by the Board of Health shall be placed on file and the name of such applicant shall be entered in a book of regis- tration kept for such purpose. The filing of such application for a permit shall authorize such applicant to continue the prosecution of his business until the Board of Health takes official action thereon, and either issues a permit to such applicant for sale of milk or cream or re- fuses so to do. Sec. 272. If after issuing such permit to sell milk or cream, the said Board of Health shall become satisfied that the provisions of Section 271 are being violated they shall forthwith revoke the pemiit issued to such persons or persons, and no new permit shall be issued until all unsanitary conditions have been rectified, and all other pro- visions of this ordinance complied with. Sec. 273. Any such applicant or any person from whom such ap- plicant obtains his milk shall permit and cause to be made an inspection and examination of the dairy and the dairy herd of such applicant or the dairy and the dairy herd of the person from whom such applicant obtains his milk, and of each and every animal by them or either of them- owned, controlled, or used for the purpose of producing milk for sale in said City, and any refusal upon the part of said applicant or the person from whom such applicant obtains his milk to permit or cause to be made such inspection shall be grounds for the refusal of the Board of Health to issue a permit to such applicant. Sec. 274. The Health Officer or any persons designed by said Board shall have the right to enter and inspect or examine all places where milk or cream is kept or exposed for sale within the limits of the City of Findlay. Sec. 275. If the dairy and herds and animals of such applicant, or the dairy and dairy herds and animals of the person from whom ap- plicant obtains his milk are located within the Countv of Hancock, it shall be the duty of the Board of Health upon filing of such application with it to inspect or cause to be inspected under its direction and super- vision, all such dairy and dairy herds and animals for the purpose of detecting the presence or absence of anv contagious or infectious disease, and the Board of Health, or its duly authorized agent, may, whenever it considers it advisable, order the tuberculin test on any cow or animal contained in a dairy, which test shall be made bv some CODIl OKUlxNANOiS OF TIIF ClTY OF FiNDLAY (|iialific(l veterinary surgeon at the expense of the owner of the cow or animal, and such veterinary surg-eon shall submit a written statement to the Foard of Health of his examination or test. Such examination or test for tuberculosis shall embrace. 1. Ascertaining the history and present physical condition of the individuals composing it, especially their temperature or body heat. 2. The injection of a specific agent called tuberculin beneath the skin. 3. The determination of the variations of temperature during a limited period before and after injection; and 4. Deductions from these variations, determining the presence or absence of tuberculosis. Sfc. 276. If any cow be sick or diseased, the owner or person in charge thereof shall not sell, offer foir sale, exchange or deliver or keep or expose for sale, exchange or deliver the milk or cream thereof, but shall at once destroy the same. If, in the opinion of the Board of Health, any cow is afflicted with a contagious or infectious disease, it shall direct the owner, or person in charge thereof to forthwith remove said cow from the premises to a place where it may not spread or cause contagion or infection ; a violation of this Section shall be deemed a misdemanor, and upon conviction the offender shall be punished as hereinafter provided. Sfc. 277. In order tO' ascertain whether the owner thereof or dealer therein is caring for said milk in a sanitary manner and in such a way as not to endanger the lives and health of the citizens of Findlay, said Board shall have the right to take samples of milk or cream not ex- ceeding one pint from any can, vessel, bottle or receptacle, for the pur- pose of inspection, testing and analyzing said milk and whenever a sample or samples so found and taken shall not correspond with or shall be in violation of requirements of this chapter, the person or per- sons, firm or corporation in whose possession, care, custody or control such milk or cream may be found, shall be deemed guilty of a mis- demeanor and punished as hereinafter provided. Sfc. 278. No milk or cream shall be sold or exposed for sale from any wagon or other conveyance unless it has painted thereon, on both sides thereof in a conspicuous place and in legible Roman letters not less than four inches in height, the name of the milk vender and the per- mit number of the wagon, and if such vendor or dealer sells skimmed milk the words “Skimmed Milk“ shall be painted on said wagon in such manner aforesaid, and all cans and receptacles on wagons con- taining such skimmed milk shall be labeled or have painted thereon the words “Skimmed Milk” in plain view of customers and in plain letters no less than one inch in height. Sfc. 279. All persons, firms or corporations who^ own or keep a dairy in the City of Findlay, Ohio, or who send milk to said City, shall maintain their premises free from any accumulation of refuse mat- ter or offal, which shall be removefl frequently so as not to endanger the l)ublic health or cleanliness of the cows. Sfc. 280.' No person shall bring into the City for sale, or shall sell or offer for sale any milk: (a) Containing more than “88 ])er cent of water or fluids. CoDiFlIvD OrdINANCKS of TlIF ClTY OF FlNDLAY 57 (b) Containing less than “12 per cent of milk solids. (c) Containing less than three (3) per cent of fats. (d) From which part of the cream has been removed. (e) Having a specific gravity of less than ten and twenty-nine hundredths ( 10.29) . (f) Containing any boracic or salicylic acid, formaldehyde or other foreign chemicals. (g) Containing any pathogenic bacteria. (h) Containing bacteria of any kind, more than five hundred thousand (500,000) per cubic centimeter. (i) Drawn from any cow having a communicable disease. (j ) Drawn from any cow within fifteen (15) days before or six (6) days after parturition. (k) Drawn from any cow which has been fed on refuse, swill, moist distillery waste, or other improper food. ( l ) Drawn from any cow kept in any place where water, food, ventilation or other surroundings have rendered said cow unhealthy or her milk unwholesome. (m) Having a temperature or which has been kept at a tempera- ture higher than sixty (60) degrees Fahrenheit. Sec. 281. The stables shall be so constructe.d that the cows have plenty of air, space and light. The urine and manure shall be moved from the stable before each milking;- the bedding shall be kept sweet and clean, and the food and water shall be ample and well chosen. No dairyman shall feed his cows on swill, garbage or other like substances. If malt or beet pulp is used, it must not be fed when sour. The sur- roundings of the stable must be kept in a sanitary condition ; Cow^s must not be allowed to stand in manure and filth. Sec. 282. Before milking, the cow’s udders and teats must be cleaned of all filth and foreign matter. The milking must be done into thoroughly clean receptacles, which must be sterilized before use, in some sufficient manner, as by boiling water or steam, if they are regu- larly used for, or have previously contained milk. The milkers and others handling the milk must be personally clean, so that in their necessarv handling of the udders, and of the milk and receptacles, the same will not in any manner become contaminated or in contact with any filth, dust or other foreign substance. No one shall milk, or in anv manner handle the milk, when either in themselves, or their families, there is even a suspicion of any contagious or infectious disease such as smallpox, scarlet fever, diphtheria, typhoid fever or tuberculosis. Sec. 283. Immediately after milking, the milk shall be removed from the stable into a clean, wholesome place, screened from flies and other insects ; said milk shall be aerated and cooled to at least sixty degrees temperature and put into perfectly clean bottles or cans. Said milk room shall at all times be kept in a clean and sanitary condition. Dairymen who use both bottles and cans in delivering milk shall not fill bottles on their delivery route. Sec. 284. All cans or bottles used in the distribution of milk must be thoroughly cleaned, either by hot water and soda or other alkalies, rinsed and sterilized by boiling water or steam before they are again 5^ Codified Ordinances of the City of Findlay used as receptacles for milk. Extreme care must be exercised in clean- ing the faucets to cans used, by brush or other proper method. vSec. 285. No person having an infectious or contagious disease, such as cholera, small pox, whooping cough, typhoid fever, typhus fever scarlet fever, or consumption (phthisis pulmonalis) or having recently been in contact with such iiersons, shall milk cows or handle cows, bot- tles, dippers, measures or other vessels used for milk or cream intended tor sale, unless all danger of communicating such diseases to other per- sons shall have passed, and no milk or cream shall be sold or dispensed for use as food from any house, shop, or other place in which there is a case of infectious disease as aforesaid, until all danger of contagion therefrom has been removed, and permission in writing is obtained from the Board of Health authorizing the sale of milk or cream in said house, shop or other place. Whenever a case of infectious disease as aforesaid is found in any building or place from which milk or cream is sold or disposed of for food, or from any wagon, or conveyance of any kind which is used to distribute milk or cream for food, the Board of Health shall forthwith cause to be seized and destroyed all of said milk or cream found upon said premises, and it shall be unlawful for any person or persons, firm or corporation to sell or dispose of any milk or cream from said premises, or in any manner whatsoever until all danger of contagion from said diseases or either of them, has been removed, and permission in writing is obtained from the Board of Health authorizing the sale of milk or cream from said place or premises. Sec. 286. All grocers, bakers and other persons having or of- fering for sale, milk or cream shall at all times keep the name or names of the dairy men from whom the milk was obtained, posted in a con- spicious place. Sec. 287. The Board of Health shall have the power to open, or cause to be opened any can, vessel, package or receptacle containing milk or cream to be sold in the City, whether sealed, locked or other- wise, or whether in transit or otherwise, and if on inspection, said milk or cream is found to be filthy, or the cans or containers to be in an un- clean condition, said Board miay then and there condemn said milk or cream so deemed by it to be filthy or unfit for food purposes and render such milk or cream unfit for food purposes. It shall be the duty of said Board to make or cause to be made in a book provided for that purpose a written entry that it has examined, condemned and rendered unfit for food purposes such milk or cream. Sec. 288. It shall be the duty of the Board of Health to keep a complete record of its proceedings, give a full account of all inspections of milk or cream made or caused to be made by it, including the name of such person, firm or corporation, owning or claiming to own the milk so inspected, together with their place of business or residence, or the railroad station used for shipment or delivery thereof, and the analysis in all such cases. Sec. 289. No cream shall be sold, offered for sale or exchanged, delivered, transported or carried for the purpose of sale, offering for sale, exchange or delivery, or that is taken from im])ure, diseased, un- healthy, unclean, adulterated or unwholesome milk, or milk from cows CoDri-iKi) Ordinances of the City oe Findlay 59 fed on refuse or slops from vinegar factories or other similar slops, mash or refuse, or any other than good and wholesome food. Sec. 290. All milk and cream from sick or diseased cows, or cows fed on refuse or slops from vinegar factories, or any similar slops mash, or refuse, or that is dangerous, or that may effect or be detrimen- tal to life or health, shall, upon discovery thereof by test made or by analysis thereof, or otherwise be confiscated, forfeited and immediately destroyed by or under the direction of the Board of Health, who shall, if done in good faith, be held harmless therefor, in any suit or demand made. Sec. 291. No person or persons, firm or corporation, shall keep or have in his or her possession any slops or refuse of any distillery or vinegar factory, or any similar slops, mash or refuse for the purpose of feeding the same to any milch cow or cows. Sec. 292. That any person or persons firm or corporation vending milk in the City of Findlay, Ohio, and issuing to purchasers thereof tickets representing quantities of milk or money value, is hereby for- bidden to furnish or issue to such purchasers tickets of such kind that they may be taken up and re-issued. Sec. 293. The terms, provisions, requirements and conditions of this body of rules and regulations of the Board of Health shall not be deemed or construed as applying to or affecting in any manner any per- son or persons owning, controlling or having the custody or possession of but one cow unless kept for dairy purposes. Sec. 294. All rules or regulations of the Board of Health in con- flict with the provisions of the foregoing rules and regulations be and the same are hereby repealed. Sec. 295. Any person or persons, firm or corporation, or the man- ager or agent thereof, who shall violate any of the provisions of Sec- tions 221 to 295 inclusive shall, upon conviction thereof, for the first offense, be fined in any sum not less than Ten Dollars and not iriore than One Hundred Dollars and for a second or subsequent offense be fined not less than Fifty Dollars nor more than Three Hundred Dol- lars or imprisonment in the work house not less than thirty days nor more than ninety days. Sec. 296. idiat from and after the first day of October, 1903 it shall be unlawful to maintain or use any vault, cess-pool or other like receptacle in or upon any of the lots and lands within the territory of the City of Findlay, Ohio, bounded as follows : On the South by Lin- coln street, on the North by C. F. & N. Railway, on the East by the first alley east of the Main street, and on the West by Broadway and the first alley west of Main street. That no house, sewer, drain or waste pipe from any building or premises, within the said district, shall be discharged into any cess- pool, vault or other like receptacle, but shall be connected with and dis- charged into a sanitary sewer. Provided that all houses and premises within the said district not adjacent to a sanitary sewer with which the same may be connected, shall not be subject to the provisions of this ordinance, until Thirty (30) Days after the construction and completion of such sanitary sewer. Sec. 297. That any person or persons violating any of the pro- 6o CoDiriKD Ordinances of the City of Findlay visions of section 296 shall be fined in a sum not exceeding- $100.00 and not less than $10.00 and it is hereby made the duty of the Board of Health to enforce the provisions of this ordinance. — V ol. C, Page 314. Sec. 298. That the use of vaults or cess-pools in or upon any lot or parcel of land within the following described district, to-wit : begin- ning at the north side of Allen avenue, thence running east to the first alley east of Main street, thence running south to the south side of Third street, thence running west to the first alley west of Main street, thence running north to a point where said line intersects with the north line of Allen avenue extended, thence running east to the place of beginning, is hereby declared to be a nuisance and their discon- tinuance is hereby ordered. Sec. 299. That the owner, lessee or person having control of the respective lots and lands within said district shall cause connections to be made therewith to the nearest sanitary sewer within thirty (30) days after being ordered so to do. Sec. 300. That the Board of Health of the City of Findlay, Ohio, shall as soon as this ordinance becomes efifective, forthwith notify in writing each person, firm or corporation affected by its provisions to comply with its requirements. Sec. 301. That any violation of the terms and provisions of Sec- tions 298 to 300 inclusive, of this ordinance shall be punishable by a fine of not less than Twenty-five (v$25.oo) Dollars, nor more than One Hun- dred Dollars ($100.00), and each day’s failure to comply with the pro- visions hereof shall constitute a separate offense . — VoL D, Page 365. Section 302 Section 303 Section 304 Section 305 Section 306 Section 307 Section 308 Section 309 Section 310 Section 31 t Section 312 Section 313 Section 314 Section 315 Section 316 toxicated. Section 317 toxicated. Section 318 CHAPTER XXV. SALOONS. . To be closed in night season. Ivimitation. To be closed on Sunday. Screens to be taken down. Penalty. Not to be kept near schools or college. Penalty. Not to employ female waitresses. Females not to be employed. Penalty. Penalty. Shows prohibited in. Wine rooms not to be attached to. Penalty. Not to sell to persons in the habit of getting in- Not to furnish to persons in the habit of getting in- security for costs not required. CoDii'iED Ordinances of tiik City of Findlay 6i Sfc. 302. All ale, beer and porter houses and all other places in said City where intoxicating liquors are sold at retail for any purpose or in any qnntity shall be closed at ten o’clock p. m. and remain and be kept closed from that hour and during- the night season and until six o’clock a. m. of the next day, and it is hereby declared to be unlawful for a.ny of the places aforesaid within said City to be kept open after said hour of ten o’clock p. m. or before the hour of six o’clock a. m. of any day and any person being the owner, keeper or proprietor, clerk or em- ployee or, or in any of the places aforesaid who shall violate or cause to be violated the provisions of this oirdinance or who shall open for the purpose of business or keep open any of the places aforesaid after ten o’clock p. m. or before six o’clock a. m. of any day shall upon conviction thereof be fined in any sum not less than Ten Dollars nor more than Ffty Dollars for each offence. Sec. 303. The provisions of this ordinance shall not apply or be construed as applying to or affecting places where intoxicating liquors are sold or sales made upon prescriptions issued in good faith by reputable physicians in active practice or for exclusively known mechanical pharmaceutical or sacramental purposes, or to the sale of such liquors by the manufacturers out of the raw material in quantities of one gallon or more, at any one time, as provided by the General Code of Ohio . — V oL B, Page 233. Sec. 304. That it shall be unlawful for any person on the first day of the week commonly known as Sunday, to sell, or give away or expose for sale any intoxicating liquors, whether distilled, mault or vinous or to keep open or allow to remain open in any manner whatever within the limits of said City of Findlay, any room, booth, arbor shop, house, cellar or place where ale, porter beer or other intoxicating liquors are on other days sold at retail or exposed for sale at retail, and all such places shall on that day be closed except regular drug stores, and this section shall apply to any place where such liquors are sold, or ex- posed for sale as aforesaid, for any purpose otherwise than upon pre- scription issued in good faith by reputable physicians in active practice or for exclusively known mechanical pharmaceutical or sacramental purposes, but shall not include the manufacture of intoxicating liquors from the raw material, nor the sale thereof at the manufactory by the manufacturer of the same in quantities of one gallon or more at any one time, and that in regular hotels and eating houses the word “p^^^e” herein used shall be held to mean the room, or part of room, where such liquors are usually sold or exposed for sale, and the keeping of such room or part of room, securely closed, shall be held as to such hotels and eating houses as a closing of the place within the meaning of this section,. Sec. 305. That all screens, blinds, curtains, paint and other de- vices used by any keeper or proprietor of any room, booth, arbor shop, cellar house or place in said City where ale, porter beer and other in- toxicating liquors are sold or exposed for sale, as defined and limited in Section ^04 to hide, conceal or cover from public view the buying, selling or drinking at such room, booth arbor, shop, house, cellar or place of any ale, porter, beer or other intoxicating liquors shall by the keeper or proprietor thereof be taken down and removed on or before 62 CoDiriKD Ordinances of the City of Findlay ten o’clock p. in. of each and every day and keep the same so removed until six o’clock a. m. of the next succeeding- day and in like manner to kee]) the same removed on Sundays and every other day or parts of days which by law or ordinance such places of business are required to be closed, so an unobstructed view can be had of the inside of such room, booth, arbor, shop, house, cellar, or place aforesaid between the hours and during said days or parts thereof aforesaid. Sec. 306. That whoever shall violate any of the provisions of Sec- tion 304 shall upon conviction thereof be fined in any sum not exceeding ( )ne Hundred Dollars and not less than Twenty-five Dollars and be imprisoned in the County Jail or City Prison not less than ten days and not exceeding thirty days. And whoever shall violate Section 305 shall upon conviction there- of be fined not less than Five Dollars and not more than Twenty-five Dollars. — Vol. B, Page 272. Sec. 307. That it shall be unlawful for any person to keep any ale, beer or porter, house or other place where intoxicating liquors are sold at retail for any purpose or in any quantity other than is provided for in the act of the General Assembly of the State of Ohio entitled “An Act providing against the evils resulting from the traffic in in- toxicating liquors'’ as amended March 2ist, 1887, within two hundred and eighty (280) feet of the front boundary line or front corners of any public school ground or College ground within said City. Sec. 308. Whoever shall violate the provisions of Section 307 shall upon conviction thereof be fined in any sum not less than Ten Dollars nor more than Fifty Dollars or imprisoned not less than ten nor more than thirty days or both at the discretion of the Court. — Vol. B, Page 1 12. Sec. 309. Tliat it shall be unlawful for any keeper or proprietor of any saloon or restaurant or room or place wherein ale, beer, porter wine or liquors are sold to employ any girl or girls, woman or women, other than the wife of said keeper or proprietor in the said saloon or restaurant, m the waiting on customers or the furnishing to customers of ale, or beer, porter wine, liquors or any article of any kind whatso- ever therein sold or to perform any service whatsoever either with or without compensation in said room or place where said ale, beer, porter, wine or liquors and other articles are sold and kept for sale. Sec. 310. That it shall be unlawful for any girl or girls, woman or women to be employed or to render service of any description what- soever, either with or without compensation in any ale, or porter house or in any room or place in which ale, beer, porter, wine, or other liquors are sold or kept for sale ; provided that this ordinance shall not prohibit any proprietor of any such place or, places from employing his wife in his assistance in such ])lace or places. Sec. 31 1 . That every person emiploying any girl or girls, woman or women or permitting or suffering any girl or girls, woman or wom- en to render services with or without compensation in such place or places, contrary to the provisions of Sections 309 and 310 and shall upon conviction thereof be fined in any sum not less than five dollars and not more than Fifty Dollars for every day such person or persons CoDn'iKD Ordinances oe the City oe Findlay 63 shall be so employed, permitted or suffered to so render service in violation of this ordinance. Sec. 312 That every girl or woman who shall be employed in such place or places or who shall render service therein contrary to the provisions of this ordinance shall upon conviction thereof be fined in any sum not exceeding Fifty Dollars. — V ol. B, Page 99. Sec. 313. That it shall be unlawful for any person or persons to give, permit or suffer to be given any public show, concert or public entertainment of any kind, in any room, saloon or place of public re- sort where ale, beer, porter, wine or intoxicating liquors of any kind are kept for sale, or sold to be drank in, upon or about the premises. Any person violating the provisions of this ordinance, shall, upon con- viction thereof, be fined in any sum not less than Five nor more than Twenty-five Dollars for each offence; and the Mayor shall not grant license to any person for any public exhibitions or entertainments of any kind to be given in any of the places aforesaid. — V ol. A, Page 334. Sec. 314. That it shall be unlawful for the owner or owners, keep- er or keepers of any tavern, eating house, saloon, restaurant or any room or place of public resort where ale, beer, porter, wines or liquors are sold or kept for sale to have atached thereto or connected therewith any.wine room, booth, stall or place where women or girls may resort for the purpose of drinking ale, beer, porter, wines or liquors or any mixtures thereof. Sec. 315. Whoever violates the provisions of Sections 312 and 314 shall upon conviction thereof be fined in any sum not to exceed Fifty Dollars nor less than Twenty Dollars for the first offence and for repetition of such offence in any sum not exceeding One Hundred Dol- lars or be imprisoned in the work house not more than Thirty days or both. — Pol. C , Page 210. Sec. 316. Whosoever sells to a person who is intoxicated, or in the habit of becoming intoxicated any intoxicating liquors, unless the same is given by a physician in the regiilar line of his practice, shall be fined not less than Ten Dollars and not more than Fifty Dollars. Sec. 317. Whosoever buys for or furnishes to a person who is in- toxicated or in the habit of becoming intoxicated, any intoxicating liquor, unless given by a physician in the regular line of his practice, shall be fined not less than ten dollars nor more than Fifty Dollars. Sec. 318. In prosecutions under this ordinance, no security for costs shall be required from any complainant, who is wife, mother or sister to the person to whom such sales of intoxicating liquor is charg- ed to have been made, except for costs made for witnesses on her precipe in excess of two. — Vol. C, Page 322. CHAPTER XXVI. SEWERS. Section 319 Sewer District No. i. Section 320 Sewer District No. 2. Section 321 Subdivision of District No. 2. r,4 C(JI)II'IKI) Urdinancf.s of tiif City of Findlay Section 322 g’ineer. Section 323 Sfctioa 324 Section 325 Section 326 Section 327 Section 328 Section 329 Section 330 Section 331 Section 332 Section 333 Section 334 Section 335 Section 336 Section 337 Section 338 Section 339 Section 340 Section 341 Section 342 Connection with sewer requires consent of En- Permits of Engineer. Application for permits. Notice to be given Engineer for opening street. Notice to be given Engineer before connection. Notice before extension can be made. Ifbw new junction made. Water and Gas pipes in way of. Connection to be under supervision of Engineer. Excavation — iregulations as to. Openings and obstructions to be guarded. vSize of connection. Catch basins — when required, etc. Ends of pipes to be guarded. Material. Inside of sewer to be left smooth. Back filling — how done. Draws where public sewers not laid. Penalty. Fixtures for slop connections. ^ Permits to be returned. Sec. 319. That the following territory within said City, including lots, lands, streets, alleys and highways therein, be and the same herebv is established into a sewer district of said City, to be known and designated as Sewer District number one, the same having been devised by the Board of Improvements of said City and deemed necessary by the Council thereof, as part of the sewer system of said City, and necessary to its proper and efficient drainage and sewerage bounded as follows : Commencing at the quarter post between section twelve and thirteen in town one, north, range ten east in Findlay, Hancock County, Ohio; thence running north to the center of first alley north of Howard street, thence east to the center of first alley north of Bolton street ; thence north to the center of the first alley north of Frazer street; thence east to the center of the first alley west of Morey avenue ; thence north to the center of the first alley north of College street ; thence east to the center of the first alley east of Morey avenue ; thence north to the center of the first alley north of Davis avenue ; thence east to the center of Cory street; thence north to the center of first alley north of Midland avenue ; thence cast to the center of Main street ; thence north to the center of the first alley north of Allen avenue ; thence east to the center of the fourth alley east of the T. & O. C. Ry. ; thence north to the east and west one-half section line of Section 7 T. i, N. R. ii east; thence east to the center of the first alley west of Carpenter avenue ; thence north to the line between Sections 6 and y 'T. i, N. R. it E. ; thence east to the northeast corner of the W. 1-2, N. W. 1-4 of Sec. 8, T. i, N. R. II E. ; thence south on subdivision line to tbe north line of the Bake Erie and Western Rv. ; thence southwestwardly on the north boundarv line of the Iv. E. & W. Ry., to the line between section 7 and 8 said T. I, N. R., ii E; thence south to the center of the first alley 0)niFiKi) Ordinancks of the City of Findlay 65 north of Tiffin avenue; thence southwestardly along the first allev north of Tiffin avenue to and intersecting street and alleys to Prospect street ; thence west to the east line of the T., & O. C. Ry. ; thence south- wardly along said T., & O. C. Ry. to the first alley north of Walnut street ; thence west along the first alley north of Walnut street and south of Corwin street to center of first alley west of Main street ; thence south to the center line of High street ; thence west to the west line of W. Chance’s Addition to Findlay ; thence north to the first alley north of High street ; thence east to the west line of the first alley west of Cory street; thence north to a point 172.9 feet south of Defiance avenue; thence northwestwardly 150 feet distance from ^nd parallel with De- fiance avenue to Bolton street ; thence north to place of beginning.— Printed Vol., Page 128. S^:c. 320. That the following territory within the said City includ- ing the lots, lands, streets, alleys and highways therein be and the same hereby is established into a sewer district of said City to be known and designated as Sewer District number Two, the same having been de- vised by the Board of Improvements of said City and deemed necessary by the Council thereof as a part of the sewer system of the said City, and necessary to its proper and efificient drainage and sewerage to-wit : Commencing at a point on the section line between section 17 and 18 in township T, north range it, east of the first principal meridian of Ohio where said section line crosses the middle of the Blanchard River, run- ning thence south on said section line to the southeast corner of said section 18, thence continuing south on the section line between sections 19 and 20 in said township to the middle of Blanchard avenue, thence northwestwardly in the middle of Blanchard avenue to Fremont avenue, thence south on Fremont avenue to the middle of Second street, thence west in the middle of Second street to the middle of Alban avenue, thence south in the middle of Alban avenue to the center line of the Findlay Ft. Wavne & Western Ry., thence west along the center line of said railway to the half section line running north and south through sections 24 and 25 in township i north range 10 east, thence north on said half section line to the middle of Weatherhead avenue, thence west in the middle of Weatherhead avenue, to the middle of Kiuhth street ; thence north in the middle of Eighth street to the middle of Lima street ; thence west in the middle of Lima street tO' the middle of Glessner avenue ; thence north in the middle of Glessner ave- nue to the middle of Main Cross street, thence continuing north to the half section line running east and west through section 13 in said town- ship I north range to east, thence east on said half section line to the middle of the Blanchard River, thence up the middle line of said River to the place of beginning. Sec. 321. The said sewer district number two shall be sub-divided as follows : first Sub-sewer District number i beginning at the middle of Main street where the same crosses the middle of the Blanchard River, thence south in the middle of Main street to the middle of the first alley north of Hancock street, thence east on a line parallel to the north line of Hancock street and 208 feet north therefrom to the middle of Eagle Creek, thence down the middle of the said stream to the mid- 66 Coi)iKii<:i) (Jrdixances of the City oe Findlay ( 11 c of I’lanchard River; thence in the middle of said river down stream to the place of bcg'inning-. Secondly, Snb-sewer district nnmher 2 beginning in the middle of Main street where the same crosses the middle of the Blanchard River, thence south in the middle of said street to the south boundary line of sewer district number 2, thence west on said boundary line of sewer district number 2 to a point 200 feet west of the west line of Hurd ave- nue as projected, thence north to the southwest corner of out lot number 142 in Byals' i\ddition, thence west in the middle of Factory street, thence north in the middle of Factory street to the middle of the first al- ley south of Lima avenue, thence west to a point 200 feet west of the west line of Factory street, thence north parallel with Factory street, and 200 feet west therefrom to the first alley south of Main Cross street, thence westwardly in the middle of said alley to the middle of the alley opposite vSh inkle street, thence north to the midddle of Main Cross street, thence westwardly in the middle of West Main Cross street to. the first alley west of Shinkle street, thence north in said alley to the first alley north of Main Cross street, thence westwardly in said alley to Marshal street, thence continuing westwardly in the first alley north of Main Cross street to the first alley west of Marshal street, thence north to the first alley north of Washington street, thence east to the first alley west of Shinkle street, thence north to the middle of Blanchard River, thence up stream in the middle of said river to the place of beginning. Thirdly : Sub-sewer district number 3 comprising all that territory of sevv'er district number 2 lying south of sub-sewer district number i and east of sub-sewer district number 2 and west of the middle of Eagle Creek. Fourthly: Sub-sewer district number 4 comprising all that ter- ritory of sewer district number 2 lying west of sub-sewer district num- ber 2. Fifthly: Sub-sewer district number 5 comprising all that territory of sewer district number 2 Iviug east of the middle line of Eagle Creek. —Vol C, Page 1 08. S'ec. 322. That no connection shall be made with any Public sewer or drain within the City of Findlay, without the written permission of the City Civil En.gineer and every connection or opening made into any public sewer or drain without such permission or any manner different from the mode herein prescribed for such opening or connection shall subject the person or persons making the same, and the owner or owners of the premises directing it, to a penalty hereinafter prescribed, and each day that any person shall, without such permission, continue to use the drain into said sewers shall be considered a separate offence. Sec. 323. That the City Civil Engineer is hereby authorized to grant such permits as he may deem necessary for allowing persons to tap the public sewers and drains and to make connection therewith : Provided however, that the permit shall be granted on the express condition that the owner or tenant for whose benefit such connectiou .chall be made, and each succeeding tenant shall in consideration of the ])rivileges thereby granted, hold the City of Findlay harmless for any CoDiivii'i) Okdinancks of the City of Findlay 67 loss or damage that may in any way result or be occasioned by such trap or connection. Skc. 324. That all applicationns for permits must be made in writ- ing by the owner or tenants of the premises for whose benefit the ap- plication is made or by his or their authorized agent or attorney and must be accompanied by a deposit of One Dollar as a fee to defray ex- penses of the supervision of said connection as hereinafter provided, and must state the location, number of lot, number of feet front, name of district, name of owner, the number of buildings to be connected and how^ occupied, the number of drains required and the water-closets, sillies and other fixtures to be connected with the same, and such ap- plication shall be filed in the office of the City Civil Engineer. Sfc. 325. That at least twenty-four hours notice must be given at the Engineer’s office before any street or public way can be opened for the purpose of laying a private sewer or drain ; no work of laying drains or sewers can be commenced or continued without the permit is on the ground, in the hands of the drain layer or one employed by him. Sfc. 326. That after a permit has been issued, notice in writing must in all cases be left at the office of the City Civil Engineer by the person who is about to make the connection with any sew^er or drain, stating the time wdien such work shall be ready for inspection, previous to making such connection. Sfc. 327. That no drain pipe can be extended from work previous- ly done and accepted or new^ connection of any kind be made with such work unless ‘previous notice of at least twenty-four hours is given to the City Civil Engineer. Sfc. 328. That in case it shall be necessary to connect a drain or seW'Cr pipe with a public sewer, when no junction is left in the same, the new connection with the public sewer can only be made when the of- ficer of the City is present to see the whole of the work done. Sfc. 329. That in case a water or gas pipe should come in the way of a drain or sew^er, the question of passing under or over the same must be determined by one of the officers authorized by the City. In no case can the pipe layer be allowed to decide the question himself. Sfc. 330. That all connections made with the public sewers shall be under the supervision and direction of the City Civil Engineer or the authorized agents of the City. Sfc. 331. That in opening any street or public way all material for paving and ballasting must be removed with the least possible injury or loss of the same, together with the excavated material from the trenches be placed where they will cause the least practical incon- venience to the public. As little as possible of the trench must be dug till the junction piece into the sewer is found, unless it is first determin- ed to make a new opening into the sewer. Whenever the sides of the trenches will not stand, perpendicular sheeting and bracing must be used to prevent any unnecessary caving, and the sew^er plumber must provide himself with the necessary screw braces, sheeting and cribbing material to safely crib up and protect at least fifty feet of trench. In no cases shall the work be done by tunnel- fing, but shall be excavated in the open trenches. Sfc. 332. That the drain layer doing the work or making the con- 68 Coi)iri!cn Ordinances of the City of Findlay nections shall keep all openings or obstructions in streets and alleys carefully guarded and barricaded at all times, and during the night shall be indicated by colored lights, and such other precautions shall be taken as shall be necessary to guard the public against accidents and the owner and tenant of the property where the work is done are here- by required to see that this rule is complied with. At all times the work shall be done so as to cause the least inconvience to property owners and the general public. Sfc. 333. That no drain from any house, store or tenement what- ever, shall be connected with any public sewer in the City otherwise than by drain or sewer pipes which shall be not less than four inches and not more than six inches in diameter except it may in special cases be otherwise ordered by the City Civil Engineer. The pipe shall be laid on an even grade of not less than V2 inch to two feet unless provision is made for regular and efficient flushing. Sec. 334. That all pipes that must be left open to drain founda- tions, areas, yards, or gardens, and all pipes that connect with privies must be connected with suitable catch basins, the bottoms of which must be at least two and one half feet below the bottoms of the outlet. And the outlet and the form, dimensions and materials of which are to be prescribed by the Citv Civil Engineer or his assistant, and the owners of the property upon which such catch basins are erected will be re- quired to keep the same in clean and good order. All water pipes from cisterns shall be trapped with such covered trap pipe as shall be pre- scribed by the City Civil Engineer. Sec. 335. That the ends of all pipes not to be immediately con- nected with water closets, sinks, down spouts, or catch basins, are to be securely guarded against the introduction of sand or earth, by brick or cement or other water tight or impenetrable materials. No private catch basins can be built in the public street or highways, but must be placed inside the line of the lot to be drained, except when the sidewalks are excavated and used as cellers. No privy vault can be connected with the public sewers unless a sufficient supply of water is introduced from City water works mains or other water supply in connection therewith to carry off all deposits. Sec. 336. That the material to be used in the construction of all private drains or sewers shall be hard burned salt glazed sewer pipe straight and perfect in form, free from flaws, cracks or blisters and thoroughly salt glazed. Cast iron pipes with leaded joints or galvanized iron pipes with crew joints may be used. The decision as to kind to be used shall be made by the City Civil Engineer, and no material shall be used m any private drain or sewer until previously approved by the City Civil Engineer or his assistant. All joints of vitrified sewer pipe shall be made with oakum gaskets and Portland Hydraulic Cement, one part cement to two parts clean sharp sand. Sec. 337. That the inside of every drain pipe after it has been laid must be left smooth and perfectly clean throughout its entire length. The first pipe from the main sewer shall be laid in the alightment of the junction piece and where the junction piece or branch is intended for two lots, the first joint laid must be a branch. Codified Ordinances of the City of Findlay 69 Sec. 338. That the back filling- over drains or sewers after they are laid must be puddled, and together with the replacing of ballast -and paving must be done within forty-eight hours after the completion of that part of the drain or sewer lying within the public highway, and done so as to make them at least as good as they were before they were disturbed. If new paving brick or other material are required they must be furnished by the property owner. All water pipes and gas pipes must be protected from settlement or injury to the satisfaction of the City Civil Engineer and the water or gas works superintendent. Drain pipes in actual use, must not be disturbed unnecessarily, and must not be permanently obstructed, injured or left disconnected and the work must be done in a good and workmanlike manner, satisfac- tory to the owners and City Engineer. Sec. 339. That all drains or sewers laid within the City limits in and from houses or streets where no public sewers are yet laid must be done according to the above regulations, in every particular, and the owner or agent of the property must procure a permit from the City Engineer to connect the same with the public sewer or drain so soon as the same may be built past the property from which said drain is laid ; such information as the City has in regard to'the position of junctions will be furnished to the drain layers but at the risk of the drain layers as to the accuracy of the same. When any change of location is made in the pipe either in a horizontal or vertical direction, curves must be used. No pipes shall be clipped in any case. Sec. 340. That no connection with or opening into, any sewer con- structed by order of the City, shall be made excepting as herein provid- ed for, and any person or persons who shall make or permit or cause to be made a connection with such sewers in a manner contrary to the provisions of this ordinance shall upon conviction thereof be fined in any sum not less than One Dollar nor more than Fifty Dollars and shall incur a further penalty of five dollars for each day that such for- bidden connection shall continue, after notice from the City Engineer to remove the same ; and any person who shall fail to remove any private drain connecting with any public sewer in the City of Findlay which is constructed contrary to the provisions of this ordinance with- in ten days after being notified by the City Engineer that the same is unlawfully made shall upon conviction thereof be fined in any sum not less than One Dollar nor more than Five Dollars for each day there- after that such forbidden connection shall continue. Sec. 341. That it shall be unlawful for any person in possession of premises into which a pipe or other connection with the public sewer and drains has been laid, for the purpose of carrying off animal refuse from privies or water closets, slops from kitchens, or other purpose, to allow the same to remain without good and perfect fixtures so attached as to allow a sufficiency of water to be so applied a'S to properly carry off such matter and to keep the same unobstructed. Sec. 342. That all permits issued as hereinbefore provided and not used in the specified time, shall immediately return the same to the of- fice of the City Engineer . — V ol B, Page 352. 70 CoDii'iiii) Ordinances oe the City oe Findlay CHAPTER XXVII. vSeCTJON Section Section vSection Section Section 348 SectioxN 349 343 344 345 346 347 STREETS AND SIDEWALKS. Not to obstruct with cars, etc. Penalty. Not to feed animals on Broadway. Penalty. Fast Riding prohibited. Penalty. Sidewalks must not be obstructed by merchandise, etc. 3.50 35 ^ 352 Section Section Section nuisance. Section sidewalks. Section 354 Section 355 walks. Section Section Section Section Section 360 ditioned. Section 361 Section 362 filled. Section 363 Section 364 Section 365 Section 366 Temporary obstructions. Penalty. Sidewalks to be kept in repair and free from 353 Not to drop rubbish, etc. from wagon on streets to 35(1 357 358 359 how Penalty. \Thicles and animals not to be driven over side- Penalty. Snow and ice to be removed from sidewalks. Relating to excavations in paved streets. Street excavations — permit required. Deposit covering same — ^Bond required — How con- Hxcavations — How guarded. Opening — How long permitted to remain open and Permit — Officer may demand exhibit of same. Exceptions — Who need not obtain permit. Aloney for permit — How deposited and used. Paving of streets — (a) Clerk’s duty to notify 'resident owners of abutting property and owners of franchises. (b) Clerk’s return. (c) Non-resident owners — publication. (d) Time within which pipes and coduits shall be laid. Section 367 Streets not to be disturbed thereafter for 3 years. Section 368 Removal of earth, sand, gravel, etc. from street pro- hibited — Destruction of sidewalks prohibited. Section 369 Penalty. Sec. 343. That it shall be unlawful for any person, persons or cor])oration to ]:>ermit any car of which he has charge to remain upon or within thirty (30 ) feet of the Center or across any street or alley of said Citv for a ]:)eriod longer tb.an five minutes or to place any timber or other obstruction u]:)on or across any such street or alley to the hinder- ance or inconvenience of travel thereon. CoDiFlIvl) ORDINANCr:S 01 ^ TIII5 CiTY 01? FiNDLAY 71 Src. 344. That any person violating- any of the provisions of sec- tion 343 shall be fined in any snni not less than Five Dollars nor more than Twenty Dollars. — Vol. B, Page 74. Sec. 345. That it shall be unlawful for any person to feed or cause to be fed any horse, mule, ox, cow, hog or other animal upon the pub- lic street known as Broadway in said City or to so hitch any animal aforesaid to any wagon or other vehicle for said purpose or so that the same can be fed therefrom. Sec. 346 That whoever shall violate any of the provisions of sec- tion 345 of this ordinance shall upon conviction thereof be fined in any sum not less than One Dollar and not more than Five Dollars. — Vol. B, Page 229. Sec. 347. That it shall be unlawful for any person or persons to run, race or drive, or cause or assist in so doing, any horse or horses or other animal or animals or bicycle upon or along any of the streets, avenues, alleys, public highways or grounds in said City, or to ride or drive any horse or horses, or other animal or animals or bicycles upon or along any of the public ways or places aforesaid, in such a manner as to endanger or unreasonably discommode any persons or persons or to interfere in the free and proper use of said public ways and places afore- said ; or in any event, at a rate of speed exceeding eight (8) miles per hour. Sec. 348. Any person who shall violate any or either of the pro- visions of the preceding section shall, upon conviction thereof, be fined in any sum not less than Five ($5.00) Dollars nor more than Twenty- five ($25.00) Dollars for each and every offence. — Vol. D, Page 192; Vol. C, Page 181. Sec. 349. That it shall be unlawful for any person to place or set for exhibition, any goods, wares or merchandise, on any of the side- walks of said City, to obstruct the free public use of said street, alley, sidewalk or public places, in front of any place of business, store or building, except within three feet of and directly in front of any such store or building where there is a sidewalk constructed in with from the property line to the curb ; and no goods, wares or merchandise shall be allowed to remain on any sidewalk between the curb and three feet of the store or building as aforesaid except while receiving or delivering such goods, wares or merchandise, and for such purposes, the part of the sidewalk next to the curb line, not exceeding four feet in width, and in front only of such store or building, may be used for the space of two hours^ at any one time, but no longer, provided that nothing in this ordinance shall be construed to grant anv property right or privilege in any of the streets or sidewalks of the City, not revocable by action of the Council. Any person who shall have a license or permit issued under the authority of any ordinance of this City, by virtue of such license or per- mit such person shall keep or maintain any peanut stand, fruit or candy stand or huckster stand shall not be deemed guilty of any violation of this ordinance. Sec. 350. The mayor may grant permits to persons engaged in the actual erection of any building to place building material for such build- 72 CoDiFiKi) Ordinances of the City of Findlay ing- on the streets, alleys and public places adjacent to place where such building is being erected, under such reasonable restriction as shall pre- vent any unnecessary obstruction to public travel over such street, alley and public place, for such time as the mayor may deem necessary, for the purpose of completing such building, and the holding of such permit and the complying with the conditions thereof, shall not be deemed as violating this ordinance. Sec. 351. Any person or persons who shall be guilty of any violation of section 349 and 350 of this ordinance shall be fined in any sum not less than One Dollar nor more than Ten Dollars.— Fo/. B, Pa^e 389- Sec. 352. That the owners and occupants of abutting lots and lands in the City of Findlay, shall keep the sidewalk in front of and along their respective lots in good repair and free from snow and from filth, mud or any nuisance. Any one violating the provisions of this ordinance or failing to keep his or her sidewalks in repair and free from snow and filth that is anv nuisance, shall, upon conviction thereof, be fined in any sum not less than One nor more than Twenty-five Dollars, and it shall be the duty of the Chief of Police and Street Commissioner to report to the mayor all violations and disregard of this ordinance. — Printed Ordinance, Page 120. Sfc. 353. That it shall be unlawful for any person or persons to cast or let drop or fall from any wagon, cart, dray of other vehicles, or cause the same to be done, or in any other way cast or lay or cause to be cast or laid upon any street, alley, sidewalk, or public grounds any shavings, chips, straw, paper, shells, cinders, glass, mud, dung, filth, manure, irubbish. earth, sand, gravel, brick, stones, dirt, or any other annoyance or obstruction except as may be authorized by ordinance, or by the Street Commissioner or by the City Civil Engineer. Sec. 354. That whoever violates any of the provisions of section 353 of this ordinance shall upon conviction thereof be fined in any sum not less than One Dollar and not more than Ten Dollars and for each and every day after such conviction, said person or persons shall sufifer any of the materials or other things mentioned in section 353 to remain upon any street, alley, sidewalk or public ground, shall be deemed guilty of a separate offence under this ordinance . — VoL B, Page 86. Sec. 355. That it shall be unlawful for any person to lead, push ride, drive, haul, draw or back any horse or other beast of burden, or any cart, wagon, dray, sleigh, fire engine, horse carriage, bicycle or other vehicle (except childrens’ hand carriages drawn by hand and bicycles not mounted) over or upon any sidewalks or suffer the same to stand thereon, unless it be to cross the same for the purpose of entering some lot or yard. Sec. 356. That whoever shall violate in any way any of the pro- visions of section 355 shall upon conviction thereof be fined in any sum not less than One l3ollar nor more than Five Dollars for each and every offence . — VoL B, Page 209. Sec. 357. That the owner or occupant of any lot or premises with- in the City limits of the said City shall remove all snow, ice and dirt from the said walk in front of such lot or premises, and every person failing CoDii'iEi) Ordinances oe the City oe Findlay 73 to comply with the provisions of this ordinance within twelve hours after any fall of snow, or shall fail to remove any ice or dirt from side- walk within two hours after being- notified by the Sidewalk Inspector of said City, shall he deemed guilty of an offence and on conviction thereof shail be fined in any sum not less than fify cents nor more than Five Dollars and costs of prosecution. — Vol. A, Page 153. Sec. 358. No person, partnership or corpoiration shall open up or break into the streets, avenues, alleys or public ways of the City of Findlay, Ohio, for the purpose of connecting with water, gas, or heat- ing pipes, or with the sewers, drains or ditches, or for any other purpose whatsoever, until such person, partnership or corporation shall have first obtained permission in writing to do so from the Director of Public Service of said City. Sec. 359. It shall be unlawful for any person, partnership or cor- poration to break into, open up or disturb the pavement of any paved street, avenue, alley or public way of the City of Findlay, Ohio, until such person, partnership or corporation so desiring to open up or break into the pavement of such street, avenue, alley or public way of said City shall have first deposited with the Director of Public Service of said City, a sum of money to pay for the replacing and repairing of such pavement by said Director of Public Service, based on the follow- ing schedule of prices per square yard of surface of pavement opened or disturbed. Phrst. For streets or other public ways paved with brick, stone or asphaltum or other block on a sand foundation Two ($2.00) Dollars per square yard. Second. For all streets and other public ways paved with brick, stone or asphaltum or other block on a concrete foundation. Four ($4.00) Dollars per square yard. Third. For all streets and public ways paved with sheet asphaltum or bitulithic pavement. Five Dollars per square yard. And it shall be unlawful to open or disturb a greater area of pavement than that authorized by the permit and for which such deposit has been made. Should the above required deposits exceed the actual cost of super- vision and expense of relaying and repairing such street or public way, then such excess shall be refunded. Sec. 360. Befoire any person, partnership or corporation shall be authorized and before such written permit as above provided for, shall be granted to open up or break into the streets, alleys, avenues, or public ways of the City of Findlay, Ohio, there shall first be deposited by the person, partnership or corporation applying for such permit, with the Clerk of the Director of Service a Trust company, responsible Surety companv or satisfactory individual bond in the sum of One Thousand Dollars, conditioned to secure and hold harmless the City of Findlay, Ohio, against any and all damages arising from the opening or excava- tion so made or done in said street, or other public ways of said City, and further conditioned to fill and place in good and safe condition, to the satisfaction of the Director of Service, all openings and excavations so made in said streets, or other public ways of said City ; by such bond shall not be held for the replacing or repairing of the pavement which 74 Cc)i)iFin:i) Ordinances of the City of Findlay work shall be done by the Director of Service, as hereinbefore specified. An animal bond may be "-iven under this provision each year condition- ed as above as to all openings and excavations made in said streets or other public ways of said City, by the principal in such bond during the term of one year from the said date. Sec. 361. ]Aery person, partnership or corporation making or having made openings or excavations in the streets or public ways of the City of Findlay, Ohio, shall at all times guard the same with suffi- cient and suitable guard rails and proper lights for the purpose of warn- ing and protecting persons and animals traveling upon such streets or public ways. Sec. 362. No excavation or opening made in the streets or other public ways of the City of Findlay, Ohio, shall be permitted to remain open for a longer time than is absolutely necessary to do the work described in the permit granted for such excavation and the person, partnership or corporation making such excavation or opening shall re- fill the same without delay with such material as the Director of Service shall direct and to the satisfaction of said Director of Service and shall completely fill such opening or excavation to the surface of the pave- ment and shall put all openings and excavations in a condition safe for public travel upon such street or public ways. Sec. 363. Any person, partnership or corporation, and the agent of any person, partnership or corporation who shall be engaged in dis- turbing the pavement of or breaking into or excavating in the streets or other public ways of the City of Findlay, Ohio, shall on demand exhibit to any officer of the City, employee of the Director of Service, any police Ofiker, rhe written permit above provided for and the neglect or refusal of any person, partnership or corporation to so exhibit such written per- mit upon demand so made therefor shall subject such person, partner- ship or corporation or such agent thereof to the penalties hereinafter provided for. Sec. 364. The provision of this ordinance as to giving bond as above provided shall not apply to any person, partnership or corpora- tion licensed by said City to make connections with the sewers or drains of the City, or to persons engaged in making public improvements in the streets or other public ways in said City under contract with and thereunto directly authorizezd by said City. Sec. 365. The sum or sums of money so collected and deposited under the reepurements of this ordinance shall be paid into the City Treasury by the Director of Service and deposited to the credit of a special and separate fund to be used and disbursed solely for the pur- pose of paying for the repairing and replacing of such pavement broken into or disturbed for any of the purposes mentioned herein. Sec. 366. Whenever the City Council orders the paving or irepav- ing of any of the streets or other public ways of the City of Findlay, rihio, it shall thereupon be the duty of the Clerk of Council to serve or cause to be served a written notice upon the owner or agent of the owner of each lot or parcel of land fronting or abutting u])on such street or other i^ublic way who may be a resident of such County in the manner ]irovided by law for the service of summons in a civil action, which notice Codified Ordinances of the City of Findlay 75 shall state that it is the intention of the Cit}^ Council to improve, as above provided, such street or public way. The Clerk shall in addition thereto notify as above provided all persons, partnerships or corporations hav- ing- or holding a franchise from said City to use said street or public ways for the purpose of laying any gas, water, or heating pipes, tele- phone, or telegraph conduits or other thing which might necessitate the tearing up or excavating of said streets or public ways. A cop}' of such written notice with the time and manner of service indorsed thereon sigmed by the Clerk or Officers serving the same, shall be returned and filed in the office of the Director of Service. Said re- turn shall have like force and effect as the Sheriff’s return of a sum- mons in a civil action. It it appear in the return in any case of the notice above provided for, that such owner is a non-resident of the County or that neither any such owner nor agent nor their place of residence could be found in said County, then a notice given by publication of the intention of the Council to improve such street or public way, in some newspaper of general circulation in the City in the manner provided by law for the service by publication of resolutions for street improvements, shall be deemed a sufficient notice to such person, firm or corporation. Thereupon the person, fiirm or corporation whose duty it may be shall within thirty days from the service of such notice or the com- pletion of the publication thereof, lay or cause to be laid, in such street or public way, all main pipes and coduits and all service connections therewith to the curb line of said street or public way. Sec. 367. After the improvement of such street or public way by paving or repaving shall have been completed, then no permit shall be granted or issued by the Director of Service, to any person, firm or cor- poration to remove or disturb in any manner or for any purpose, other than for the purpose of making necessary repairs to such pipes, lines, or conduits for a period of three years from the date of the completion of said improvement. Sec. 368. No person shall dig, remove or carry away or cause to be dug, removed or carried away, any stone earth, sand or gravel from any street or other public way of said City or remove, injure, deface or destroy the plank, brick, or pavement of any street, sidewalk, or public way of the City, for any purpose whatsoever unless the same be done under th*e authority of the City Council. Sec. 369. Any person, partnership or corporation violating any of the provisions of sections 358 to 367 inclusive shall be deemed guilty of a misdemeanor and shall upon conviction thereof be punished by fine of not less than Five Dollars nor more than Fifty Dollars and costs of prosecution. — Vol. D, Page 208. CHAPTER XXVIII. STRBB 7 ' RAILWAYS. Section 370 Required to sprinkle their right of way over paved streets. 76 CoDii'iivD Ordinances oe the City oe Findlay Section 371 Section 372 Section 373 Section 374 Section 375 Section 376 Section 377 Section 378 Section 379 Section 380 Section 381 Section 382 vised Statutes. Section 383 Section 384 Section 385 Section 386 Section 387 Section 388 Section 389 Section 390 Section 391 Section 392 Section 393 Section 394 streets. Section 395 ' Section 396 Section 397 Section 398 Section 399 Section 400 Section 401 Section 402 Section 403 Section 404 Section 405 Section 406 Section 407 Section 408 Section 409 Section 410 Section 41 i Section 412 Section 413 Section 414 Section 415 vSection 416 - Section 417 Section 418 How Cit}^ may do at expense of Railway company. To be operated by Electricity. System — Poles — Kind of. Conductors to be employed on all cars. Penalty. Street Railway Routes number i to 6. Motive power. Tracks to conform to surface grades. Standard Guage. To keep streets in repair. P>est materials required. Grants to be subject to provisions, 2501 to 2505 Re- Grants to be subject to reservation. Grants to be lowest bidder. Route No. 40. Conditions of grant. Motive power. Improved Motor Cars to be maintained. Poles to be kept in repair. City to be idemnibed against damages. Right of way to be kept in repair. Reservations. When Street Railway to be completed. Gas and Water pipes — Right to lay and maintain in Franchise to be for twenty-five years. Not to be assigned. Acceptance to be made in writing. Cars to stop for passengers at street crossings. Fares in case of merger. Waiting and baggage room to be provided. Location of tracks. Sealed proposals to be received. Route No. 41. Rails — Grade, etc. To pave certain streets. Motive power. Improved cars to be maintained. Poles to be kept in good repair. City to be indemnified against damage. Repair of streets by Company. Reservation. Limitation of time of construction. Gas and water pipes. Franchise for twenty-five years. Franchise not to be assigned. Acceptance — In writing. Cars to sto]) at crossings for passengers. Fares in case of merger. CoDiFii-i) Ordinances of the City of Findlay 77 Section 419 Section 420 Section 421 Section 422 Section 423 Section 424 Section 425 \Yaiting' and baggage room required. Location of tracks. Sealed proposals to be received. Route No. 42. Motive power. Grant to be for twenty-five years. Sealed proposals to be received. Sec. 370. That all LTban or Interurban Railway Companies now or hereinafter operating their cars within the limits of the City of Find- lay, shall sprinkle and keep well sprinkled with water all such part of any paved Street or Streets over which they operate their car or cars as is embraced within their right of way on said street or streets. That said Companies shall sprinkle such portion of said street or streets as often per day as is necessary to keep the dust laid thereon. Sec. 371. Should any of the aforesaid Companies neglect or refuse to sprinkle the portion of the street or streets aforesaid the same may be done by the City, or the City may contract for the same, and the cost thereof shall be certified to the County Auditor for collection, to be paid by said Company or companies as other taxes are paid. — Vol. D, Page 195. Sec. 372. That the Findlay Street Railway Company, its succes- sors and assigns, be and they are hereby required to operate its several street railroads in said City by electricity and change the motive power for propelling its cars from horse power to electricity, the plan for con- structing and operating by electricity having been submitted to and re- ceived the approval of the Council. Sec. 373. Said road shall be operated and the cars run by the overhead system of electricity. The poles used for the wire shall be of cedar, not less than twenty feet high above ground and six feet under ground and securely planted within the curb lines upon both sides of the streets and not less than One Hundred feet apart and opposite each other. All poles shall be neatly painted ; those on Main street shall be octagonal in form and of uniform size. The work to be commenced on Main street in said City immediate- ly after this ordinance takes effect, and all poles to be planted and the work done and the system constructed to the satisfaction of the City Engineer and Board of Improvements. — Vol. B, Page 51. Sec. 374. That on and after October ist, 1904, no street car shall be run or operated in the City of Findlay for the use of the pub- lic, without a conductor for the purpose of collecting fares and for the better accommodation and protection of the traveling public, and the Motormen on such cars shall not be allowed to collect fares or take any part therein. Sec. 375. A fine of Ten Dollars per day for each and every car used and operated in violation of Section 374, of this ordinance shall l>e imposed upon each and every individual company or corporation, for each and every day such individual, company or corporation shall continue to violate its terms. — Vol. C, Page 433. 78 CoDii'iEi) Ordinances oe the City oe Findlay vSi:c. 376. That the following;- routes for the construction of street railroads he and the same hereby are established to-wit : On Main Street from the north to the south corporation line to he known as route No. (i) ; on West Main Cross street from the east and west corporation line to be known as Route (2) ; and on Sandusky street from the east to the west corporation line to be known as Route (3) ; on Lima Street from Main Street west on the Lima road to the corporation line to be known as Route (4) ; on Center Street to Tiffin Avenue northeasterly aloii£>- Tiffin street to the corporation line in North Findlay to be known as Route No. (5) ; on Walnut street and northeast on Crystal avenue to the corporation line to be known as Route No. (6) : all rail routes shall converge to the Court House Square in said City, with right to use the tracks of any road leading there to under such proper rules, regulations and restrictions as the Council by ordinance may prescribe. Sec. 377. Cars upon said routes may operate by horses, mules, cable, electricity, or any other approved system of motive power that may come into general use and as may be provided by special ordi- nance. Sec. 378. The tracks of all railways constructed along said routes shall be so laid as not to be above the surface of the streets and with center or side bearing rails in such manner that carriages and other vehicles may easily and freely cross the same at all points and in all directions without obstruction, and shall be laid as nearly in the center of the street as practicable, except where otherwise pro- vided for by ordinance giving special grants. Sec. 379. All railways constructed upon rail routes or either of them shall be of standard guage, viz: Four feet eight and a half inches between the inside edges of track. Groved rails may be used on all corners and turnouts and be constructed of best materials. Sec. 380. Any person, firm or corporation to whom shall be granted permission to construct and operate any road within said City, shall keep the space between the rails in good condition and repair to the satisfaction of the Board of Improvements, and in the same man- ner and with the same material as the street on either side may be improved or kept in repair, and in default thereof for five days after notice the same may be done by the City at the cost of such persons, firm or corporation, so in default, and the cost and expense thereof collected from them by civil action before any court of competent juris- diction. Sec. 381. All street railroads constructed within said City shall be constructed of best material to the acceptance of the Board of Ini- ])rovements, and the cars used such as will afford suitable accommo- dations to the public and to the acceptance of the Board of Improve- ments. Sec. 382. All grants shall be made subject to any in compli- ance with the provisions of Sections 2501 to 2505 inclusive of the Re- vised Statutes of Ohio. Sec. 383. All grants and ordinances granting permission to construct street railroads within said City, shall be made subject to the reservation of the rights of the Council to enact such ordinances CoDii'iEi) Okdinancks oi" TiiiC City oi' Findlay 79 in relation to such roads and their operation as may be ])roper and necessary for the protection of the ])u1)lic and private rights, and all needful and proper rules and regulations necessary for the public con- venience and safety, and subject also to the further reservation of the right of the City to lay or cause to be laid or extended or repaired, ali necessary water, sewer and gas mains and pipes from time to time as the public may require. Site. 384. The permission to construct and operate a street rail- road upon said routes or either of them, or any route hereafter estab- lished shall be awarded to the person, firm or corporation, who shall make the lowest responsible bid agreeing to carry passengers at low- est rates of fare, but no bid shall be accepted or any permission given until a written consent of a majority of the property holders along the line of said route, is filed with the Council, provided that such consent given to any applicant or bidder, shall enure to the benefit of all. And the person, hrm or corporation to whom any such permis- sion is awarded shall immediately thereafter and before commencing operations, file with the Council, a bond wdth sureties to the acceptance of the Council in such a sum as may be provided in the ordinances conferring such permissions conditioned for the faithful performance of the terms of such ordinance. Bids may be made and filed at the time of application is made and filed wdth -the Council, or at any time up to the time Council shall act thereon and may at any time by the consent of the Council be withdrawn or amended. — Vol. — , Page . Slc. 385. That a single track electric street railway route, with the necessary poles, wires, switches, turnouts, Y’s and electrical equipments, be, and the same is hereby established, to be known as Street Railway Route No. 40, the course of which shall be as follow^s : Commencing in Lima avenue at a point where said Lima Avenue intersects with the westerlay corporate line of the city of Findlay; thence northeasterlv in Lima Avenue, crossing the right-of-way and the tracks of the Findlay, Fort Wayne and Western Railw^ay Company (the C., H, and D. and P. M. being lessees of the same) and the tracks of the Lake Erie and Western Railway Company, to the intersection of Lima Avenue and Lima Street ; thence with curves therefrom eas- terly into Lima Street ; thence easterly in Lima Street to Main Street ; thence northerly by curves into Main Street ; thence north to Main street to the north line of Center Street ; with all the necessary or convenient curves at any parts of said route, including either or both terminal of the same. Src. 386. The tracks laid on said route shall be laid in such part of the streets and public grounds as shall be determined by the Council, and shall be laid and maintained in the streets and public grounds over which the same shall pass at the existing grade. And in case the location of said track requires the moving of the present pave- ment of any of said streets, the same shall be done at the expense of the owner or owners of said railway, and be re-laid at the same grade as' before ; and the owner or owners of said electric railway, in case at any time the. City shall change the grade of said streets, shall change their grade of said track to correspond to said new grade, at the expense 8o Codified Ordinances of the City of Findlay of the owners of said electric railway, without any claim against the City for damages that may result from such change of grade. The rails of said track shall be of modern and approved pattern and shall weigh not less than seventy (70) pounds to the yard and shall be laid in such a manner as to be of as little impediment and detri- ment as practicable to the free and ordinary use of said streets and pub- lic grounds and to the passage of wagons, carriages and other vehicles upon or across said track at any point, and in any and all directions. The gauge of said track shall be four feet eight and one-half inches and said track shall be so laid that the top of the rail shall be as nearly as practicable tlush with the surface of the street and so as to permit the free how of water falling or accumulating upon said streets, at all crossings. fn case the tracks shall be so planked or otherwise ordered im- proved the owner or owners of said railway shall, at their own ex- pense, be required to pave or improve the space between the rails at switches and turnouts, in the same manner as required by the plans and specifications providing for such improvement. In case said track is laid after the streets are improved the owner or owners of said street railway shall, as speedily as possible, restore the street to as good condition as before said track was laid. Any part of the streets or pub- lic highways over which said track was laid, which shall be excavated or disturbed in the construction and all excavated earth, rubbish or debris accumulating during the construction, shall be promptly re- moved from the streets by the owner or owners of said electric street railway, and care shall be taken in the construction of the track to ob- struct travel upon the streets as little as possible. All cross walks which shall be taken up in the construction of the track shall be promptly relaid with the same or similar material and restored to as good con- dition as before by the owner or owners of said electric street rail- way. Sec. 387. Said electric street railway shall be operated with electricity or such other motive power as the owner or owners of said electric street railway may elect, provided that any motive power other than electricitv shall be first approved by the Council of the City ; and if electricity is used as a motive power it shall be operated with over- head wires and with all necessary poles, wires and other appliances. All poles shall be straight as nearlv as practicable and shall be so con- structed as not to interfere with travel upon the streets and public highways in which said track is to be laid, and said poles shall be set entirely outside of the line of any intersecting alley or private drive- way and outside the line of driveway of any intersecting street or highway. All trolley wires shall not be less than seventeen feet above the ground. Whenever the wires of said electric railway shall inter- fere with the removing of buildings across or along any of the said streets under a permit from the proper authorities to remove such building or buildings along or across any of the said streets, such wires shall be temporarily removed and replaced at the expense of the owner or owners of said railway provided, however, thev shall not be removed for the purpose of permitting the removal of buildings except between the hours of 12:30 o’clock A. M. and 5:00 o’clock A. M. and CODII'IF.D ORDINANCIiS OF THi; CiTY OF FiNDLAY 8l after three days’ written notice to the owner or owners of said rail- way. Sfc. 388. The owner or owners of said electric street railway shall maintain thereon improved motor cars with all modern conven- iences for the comfort of passengers ; said motor cars shall be lighted at night, and in cold weather shall be comfortably heated. Each motor car shall be provided with a headlight which shall be kept burning after sunset, and with a gong or bell for danger signals. Cars operated over said route shall have the right of way over the tracks laid thereon, subject to the right of pedestrians and vehicles to cross the same. Sf.c. 389. The owner or owners of said electric street railway shall keep in good repair all poles, (which are to be kept painted on all paved streets) wires, tracks, paving or planking constructed by them, and on the failure of said owner or owners of said railway to make any necessary repairs within ten days after receiving notice to do so from the City Council then in that event, the Council may make the same or cause the same to be done, and said City Council may collect all costs and expenses thereof from the owners, and the entire amount shall constitute a lien and charge upon the property and franchises of said owner or owners the same as if formally levied and assessed, as in the case of other City improvements. Sfc. 390. The owner or owners of said street railway shall at all times hereafter, indemnify and keep harmless the City of Findlay from any and all damages, lawful claims and demands for injuries to persons or property, costs and expenses to which said City may be legally subjected or made liable for by any proceedings at law or in equity growing out of the grant of the right to construct and operate said railway and the exercise and enjoyment of the same by said owner or owners, or out of the failure of said owner or owners their successors or assigns, to construct and keep in repair the pave- ment or other improvements bv them herein required to be con- structed and maintained provided, that said owner or owners, his or their heirs or assigns, shall have received prompt notice of the pend- ency of such action and said owner or owners, their successors or as- signs, may at their own cost, defend against any such action. Sfc. 391. The owner or owners of said electric street railway shall keep the part of the streets between the rails, including one foot on each outer side thereof, and including the spaces between the track at switches and turnouts, in constant good repair and clear from dirt, snow and ice, and other debris, and remove the same in such a man- ner as not to obstruct or interfere with the free use of said streets. The use of salt on the tracks in paved streets is prohibited. In case the City fire hose, or other fire apparatus shall be at any time upon the track of said railway, cars shall be stopped or so operated as not to injure the same or interfere in any way with the fire department in endeavoring to extinguish the fires. Sfc. 392. The City of Findlay reserves the right to grant to any individual, company or corporation, operating a street railway, the right to cross the tracks of the railway hereby established^ at any public street crossing, and also grant the joint use of said track and ap- 82 CoiHFiKD Ordinances oe the City oe Findlay plianccs in conformity with Section 3438 of the Revised Statutes of Ohio. Sec. 393. The electric street railway to be constructed on the route herein described, or on the major portion thereof, shall be com- pleted and in operation by July i, 1906, unless for good cause shown tlie Council shall extend the time for the completion and operation thereof; provided, that any delay in its construction by injunctions or other proceedings in Court instituted against the owner or owners thereof without the connivance of said owner or owners, shall not be counted against the time for the completion of the same ; and provided, that if said electric street railway is not completed and in operation within the time above provided for, the grant of the right to con- struct and operate the same may be declared forfeited by the Council, as to that portion of such railway as has not, by July i, 1906, been constructed and placed in operation ; but the grant to construct and operate such street railway shall, notwithstanding any failure to have constructed and in operation all of said route within the time afore- said, be in all respects a valid grant to construct and operate over the portion of said route actually constructed and in operation within the time aforesaid and as though such portion were so actually con- structed and in operation had been in itself the route established in this ordinance. Such owner or owners, his or their heirs and assigns, shall be obligated to comply with all and singular, the terms and con- ditions of this ordinance and of the ordinance granting the right to construct, maintain and operate such railway over the route herein established, but nothing in this ordinance or in said ordinance grant- ing such right, as to limitation of time for the construction and oper- ation of said railway, shall be construed to apply where failure to con- struct or operate such railway is due to strikes, accident or interruption of traffic by cause over which such owner or owners, his or their heirs or assigns have no control, or when such delay or interruption is the result of strikes. Sec. 394. The individual or individuals, corporation or com- pany to whom the grant to operate the street railway route herein established, shad be made, shall take such right subject to the right of the City to have and maintain gas and water pipes and sewers in said streets, and all lot owners to build, place or repair in said streets, sewer, gas, and water pipes and make connections therewith, and sub- ject to the right of the City to pave and repave, or otherwise improve and reimprove the streets and highways and to change the grade thereof, and for any temporary obstruction necessarily resulting from any such use of said streets or any part thereof, the owner or owners thereof shall have no remedy. The City shall not be liable in any way to said owner or owners of said railway for any damages they may sustain from the breaking or overflowing of water from anv sewer or drain, or from the breaking of any water or gas pipes or by reason of any change in the grade of said streets. The owner or owners of said electric railway shall be liable for all damages to anv and all sewers, water pipes or mains, gas or other pipes running beneath the surface of the street which shall be injured in the construction or repair of said railway. Comi’^Ri) Ordinances oe the City oe Findlay 83 Sec. 395. The duration of the franchise to construct and oper- ate said street railway over the route hereby and herein established, when granted, shall be for the term of twenty-five years and during all of said period the said owner or owners or his or their heirs or assigns shall have the right and privilege to carry and transport on the railway to be laid over said route, passengers, baggage. United States Mail, express matter and packages and freight for hire, except live stock which shall be transported in express cars. Sec. 396. No assignment of the right tO' construct the electric street railway herein provided for shall be operative so far as the rights of the City are concerned unless the owner or owners thereof shall within sixty days from the time such transfer or assignment is con- summated notify the Council in writing of the same, and the name or names and addresses of the individual or individuals, company or corporation to whom said assignment or transfer is made. Sec. 397. The individual, company or corporation to whom shall be granted the right to construct, maintain and operate such railway over the route herein established, shall within thirty days after the passage of an ordinance granting such right, accept in writing the rights and privileges granted therein and shall agree to comply with the conditions thereof. Sect. 398. All in-coming local cars shall stop at all street crossings to permit passengers, indicating their desire to leave the car, and all outgoing local cars shall stop at all street crossings when sig- naled by passengers desiring to enter the cars ; except cars in limited service. It is also intended that cars, operated over the route herein described, shall accommodate local travel over such portion of the route over which local City cars are not operated. Sec. "399. In the event of the consolidation or merger of the company or corporation, to whom the right to construct, maintain and operate an electric street railway over the route herein described, is granted with any other electric railway company or companies, operating its or their cars within the corporate limits of the City of Findlay under the grants obtained from said City, fares paid on any one of the lines party to the merger or consolidation, shall be good for a continuous passage over any other of the lines, party to the mer- ger or consolidation from any point within the corporate limits of the City of Findlay to any other point within the corporate limits of the City of Findlay over the lines of said companies parties to the mer- ger or consolidation. Sec. 400. It is further provided that the company or corpora- tion to whom the right to construct, maintain and operate an electric street railway over the route herein described, is granted, shall pro- vide a suitable waiting and baggage room in said City properly heated and lighted and in charge of an efficient agent; that legal service upon said agent shall be held to be good and efficient service upon said rail- way company. Sec. 401. The location of the tracks on the route herein de- scribed shall be as follows : Commencing in Lima Avenue at the westerly corporate limits of the City of Findlay ; thence northeasterly on the northerly side of 84 Q)i)iinKD Ordinances of the City oe Findlay the said Lima Avenue to Gray Street ; thence crossing- Lima Avenue to the southerly side of said avenue ; thence northeasterly on the south side of said avenue to Liberty street ; thence in the center of said Lima Avenue to the intersection of Lima Avenue and Lima Street ; thence by curves easterly in Lima Street and in the center thereof to the intersection of Lima Street and Main Street ; thence by curves north- erly into Main Street ; thence northerly in Main Street to the north line of Center Street, the particidar location in Main Street to be hereafter designated by the Council. The center line of said track in Lima Avenue, from the westerly corporate limits of the City of Findlay to Gray street, shall not be nearer to the center line of said avenue than Fourteen (14) Feet; and from Gray street to Liberty street the center line of said track shall not be nearer the center line of said Avenue than ten feet. Sec. 402. Sealed proposals shall be advertised for to construct and operate said street railway under and in accordance with the pro- visions of this ordinance, over the route herein established, and the Clerk of Council is hereby directed to advertise in a newspaper of general circulation in said City for a period of one week for sealed proposals to construct and operate an electric street railway on the route established in Section 385 hereof, in accordance with the terms, conditions and stipulations of this ordinance. Proposals to specify the lowest rates of single cash fare for which the bidder proposes to carry passengers over said route ; said proposals to be addressed to the Clerk of the Council, to be opened by him on the day and hour and at the place named in the advertisement ; and said Clerk shall report such bids to the City Council of said City at the meeting thereof next held after the date of such opening. Each bid shall be accompanied by a certified check in the sum of $20,000 drawn an, and certified by a reliable Banking Corporation doing business in the State of Ohio, and payable to the order of the City of Findlay, Ohio, and which check and the money represented thereby, the bidder by making a bid and depositing such check agrees, shall belong to and become the prop- erty of the City of Findlay, as liquidated damages^ should such bidder be declared to be the lowest bidder to carry passengers on the route herein established, and within five days after being declared to be such lowest bidder by the said City Council of Findlay, Ohio, fail or neglect to file with the City Clerk of Findlay to be by him produced to the Council for such bidder at the meeting of said Council next thereafter, the valid written consents of a majority of the property holders upon each street or part thereof on the line of the route therein established, represented by the feet front of the property abutting on the several streets along which it is proposed to construct such electric street railway. All certified checks accompanying bids other than the bid declared to he the lowest one, shall upon finding of the Council as to which is the lowest bid be forthwith returned (except the lowest bid) to the person or persons whose bid or bids they accompanied. Upon the production of such consents to the said Council the said check ac- companying such declared lowest bid shall he returned to the bidder whose bid is accompanied. The City Council reserves the right to reject any or all bids. Codified Ordinances oe tiie^ City of Findlay 85 Said j^rant shall be made only to the corporation, individual, indi- viduals, or company that shall bid to carry passengers on the proposed route at the lowest rate of fare aforesaid, and that shall have prev- iously obtained and produced to the Council the written consents of the abutting property owners, as required by law. — Vol. C, Pages 494, 504. Sec. 403. Be it ordained by the City Council of the City of Findlay, State of Ohio, that a single track electric street railway route, with the necessary poles, wires, switches, turnouts, Y’s and electrical equipments, be and the same hereby is established to be known as Street Railway Route No. 41, the course of which shall be as fol- lows : Commencing in Blanchard avenue, at a point where the said Blanchard g-venue intersects with the easterly corporate line of the City of Findlay, thence northwesterly in Blanchard avenue to the in- tersection of Blanchard avenue and Blanchard street ; thence with curves therefrom northerly into Blanchard street, thence northerly in Blanchard street to East Sandusky street ; thence westerly by curves into East Sandusky street, thence westerly in East Sandusky street on and over the bridge of Eagle creek in said street and crossing the right-of-way of the Toledo & Ohio Central Railway Company to the intersection of East Sandusky street and Main street, with all neces- sary and convenient curves at any part of said route including either or both termini of the same. Sec. 404. The tracks laid on said route shall be laid in such part of the streets and public grounds as shall be detennined by the Council and shall be laid and maintained by the owner or owners of said street railway company in the streets and public grounds over which the same shall pass at the existing grade. And in case the location of said track requires the moving of the present pavement of any of said streets the same shall be done at the expense of the owner or owners of said railway, and be relaid at the same grade as before; and the owner or owners of said electric railway in case at any time the City shall change the grade of said streets, shall change the grade of said track to correspond to said new grade, at the expense of the owners of said electric railway, without any claim against the City for damages that may result from such change of grade. The rails of said track shall be of modern and approved pattern and shall weigh not less than seventy (70) pounds to the yard, and shall be laid in such a manner as to be of as little impediment and det- riment as practicable to the free and ordinary use of said streets and public grounds and to the passage of wagons, cairriages and other vehicles upon or across said track at any point and in any and all di- rections. The gauge of said track shall be four feet, eight and one- half inches and said track shall be so laid that the top of the rail shall, be as nearly as practicable, flush with the surface of the street and so as to permit the free flow of water falling or accumulating upon said streets. At all street crossings the tracks shall be so planked or otherwise constructed as to make a safe and convenient crossing for vehicles as well as pedestrians and shall be so maintained by the owners of said electric railway in constant good repair. 86 CoDiL^'iici) Ordinancks of tiif City of Findlay Wlioncvcr tlic City sliall pave or otherwise improve any of the streets over which said track shall pass, the owner or owners of said railway shall at their own exjiense be required to pave cir improve the s])ace between the rails and to the distance of one foot on the outside of the outer line of said rails including the space between the rails, at switches and turnouts, in the same manner required by the plans and specifications provided for such improvement. In case said track IS laivl after the streets are improved the owner or owners of said street railway, shall, as speedily as possible restore the street to as good condition as before track was laid. Any part of the streets or public highways over which said tracks shall pass, which shall be excavated or disturbed in the construction of said track, shall be restored as soon as possible to its former condition of usefulness, and all excavated earth, rubbish or debris accumulating during the construction to be promptly removed from the streets by the owner or owners of said electric street railway, and care shall be taken in the construction of the track to obstruct travel upon the streets as little as possible. All cross-walks which shall be taken up in the construction of the tracks shall be promptly relaid with the same or similar material and restored to as good condition as before by the owner or owners of said electric street railway. Sfc. 405. The owner or owners of said street railway company shall pave that part of East Sandusky street lying between the T. & O. C. Railway and the east line of Main street which is embraced be- tween lines drawn one foot on the outside of the outer line of the rails of the track or tracks of said street railway company including' the space between the rails at all switches and turnouts, in default of which the City may construct said improvement and assess the cost thereof against said street railway company and collect the same according to law. Sec. 406. Said electric street railway shall be operated with electricity or such other motive power except steam as the owner or owners of said electric street railway may elect, provided that any motive power other than electricity shall be first approved by the Council of the City ; and if electricity is used as a motive power, it shall be operated with overhead wires and with all necessary poles, wires and other appliances. All poles shall be straight as nearly as practicable and shall be so constructed as not to interfere with travel iqion the streets and public highways in which said track is to be laid, and said poles shall be set entirely outside of the line of any intersect- ing alley or private driveway, and outside the line of the driveway of any intersecting street or highway. All trolley wires shall not he less than seventeen feet above the ground. Whenever the wires of said electric railway shall interfere with the removing of huildings across or along any of said strets under a permit from the proper authorities, to remove such building or buildings along or across anv of said streets, such wires shall be temporarily removed and replaced at the expense of the owner or owners of said railway, provided, however, they shall not be removed for the purpose of jiermitting the removal of buildings except between the hours of 12:30 o’clock A. M., and 5 COnn-rEi) Ordinances oe the City oe Findlay 87 o’clock M., and after three days’ written notice to the owner or owners of saitl railway. Sec. 407. The owner or owners of said electric street railway shall maintain thereon improved cars with all modern conveniences for the comfort of passengers ; said motor cars shall be lig-hted at night, and in cold weather shall be comfortably heated. Each motor car shall be provided with a head-light which shall be kept burning after snnset, and which shall be screened after night, and with a gong or bell for danger signals. Cars operated over said route shall have the right of way over the tracks laid thereon, subject to the right of pedes- trians and vehicles to cross the same. Sec. 408. The owner or owners of said electric street railway shall keep in good repair all poles, (which are to be kept painted on all pavecl streets,) wires, tracks, paving or planking constructed by them, and on the failure of said owner or owners of said railway to make any necessary repairs within ten days after receiving notice to do so from the City Council, then and in that event, the Council may make the same, or cause the same to be done, and said City Council shall collect all costs and expenses thereof from the owner or owners and the entire amount of said costs and expenses shall constitute a lien and charge upon the property and franchise of said owner or owners the same as if formally levied and assessed ; as in the case of other City improvements. Sec. 409. The owner or owners of said street railway shall at all times hereafter, indemnify and keep harmless the City of Findlay from any and all damages, lawful claims and demands for injuries to persons or property, costs and expense to which said City may be legally subjected or made liable for any proceedings at law or in equity growing out of the grant of the right to construct and operate said railway and the exercise and enjoyment of the same by said owner or owners or out of the failure of said owner or owners, their successors or assigns, to construct and keep in repair the pavement or other improvements by them herein required to be constructed and maintained ; provided that said owner or owners, his or their heirs or assigns, shall have received prompt notice of the pendency of such action and said owner or owners, their successors or assigns, may at their own cost, defend against any such action. Sec. 410. The owner or owners of said electric street railway shall keep the part of the street between the rails, including one foot on each side thereof, and including the spaces between the tracks at switches, and turnouts in constant good repair, free and clear from dirt, snow and ice, and other debris, and remove the same in such a manner as not to obstruct or interfere with the free use of said streets. The use of salt on the tracks in paved streets is prohibited. In case the city fire hose, or other fire apparatus shall be at any time upon the track of said railway, cars shall be stopped or so oper- ated as not to injure the same or interfere in any way with the fire department in endeavoring to extinguish fires. Sec. 411. The City of Findlay reserves the right to grant to any individual, com])auy or corporation, operating a street railway, the right to cross the tracks of the railway hereby established, at any or 88 Codifikd Ordinances of the City of Findlay all public highways, and also to ^raiit the joint use of said track and a])pliances in confonnitv with the Revised Statutes of Ohio. Sec. 412. The electric street railway to be constructed on the route herein described, or on the major portion thereof shall be coni- f)leted and in operation by July ist, 1908, unless for good cause shown the Council shall extend the time for the completion and operation thereof: provided, that any delay in its construction by injunction or other proceedings in court instituted against the owner or owners thereof, except delay caused by violation of the provisions of this ordinance or the franchise ordinance, by said owner or owners for which the Citv of Findlay obtains an injunction, without the conniv- ance of said owner or owners, shall not be counted as against the time for the completion of the same ; and provided, that if said elec- tric street irailway is not completed and in operation within the time above provided for, the grant of the right to construct and operate the same may be forfeited by the Council, as to all that portion of said railwav constructed or otherwise, and all that part of the franchise within the City limits as has not by July ist, 1908, been constructed and placed in operation. Such owner or owners, his or their heirs and assigns, shall be obligated to comply with all and singular the terms and conditions of this ordinance and of the ordinance granting the right to construct maintain and operate such railway over the Toute herein established, but , nothing in tin’s ordinance granting such right as to limitation of time for the construction and operation of said railway, shall be con- strued to apply where failure to construct or operate such railway is due to strikes, accident, or interruption of traffic by cause over which such owner or owners have no control, or when such delay or interruption is the result of strikes. Sec. 413. The individual or individuals, corporation or com- pany to wdiich the grant to operate the street railway route herein es- tablished shall be made, shall take such right subject to the right of the City to have and maintain gas and w^ater pipes and sewers in said streets, and all lot owners to build, place or repair in said streets, sewers, gas and w^ater pipes and make connections therewith, and subject to the right of the city to pave and repave or otherwise to im- prove or reimprove the streets and highways and to change the grade thereof, and for any temporary obstruction necessary resulting from any such use of said streets or any part thereof the owner or owners of said street railway company shall have no remedy. The City shall not be liable in any way to said owner or owmers of said railway for any damages they may sustain from the breaking or overflowing of water, from any sewer or drain or from breaking of any water or gas pipes or by reason of any change in the grade of said streets. The ov/ner or owners of said electric street railway shall be liable for all damages to any and all sew^ers, WTTter pipes or mains, gas or other pipes running beneath the surface of the street which shall be injured in the construction or repair of said railway. Sec. 414. The duration of the franchise to construct and oper- ate said street railway over the route hereby and herein established when granted shall be for the term of twenty-five years and during all CoDiinED Ordinances of the City of Findlay 89 of said period said owner or owners, or his or their heirs or assig'ns shall have the rig'ht and privilege to carry and transport on the rail- way to be laid over said route, passengers, bag-gage. United States mail, express matter and packages and freight for hire, except live stock, which shall be transported in express cars. Sec. 415. No assignment of the right to construct the electric street railway herein provided for shall be operative so far as the rights of the City are concerned unless the owner or owners thereof shall within sixty days from the time such transfer or assignment is con- summated, notify the Council in writing of the same and the name or names and addresses of the individual or individuals, company or cor- poration to whom said assignment or transfer is made. Sec. 416. The individual, company or corporation to whom shall be granted the right to construct, maintain and operate such railway over the route herein established, shall, within thirty days after the passage of an ordinance granting such right, accept in writ- ing the rights and privileges granted therein and shall agree to com- ply with the conditions thereof. Sec. 417. All in-coming local cars shall stop at all street cross- ings to permit passengers, indicating their desire, to leave the car, and all outgoing local cars shall stop at all street crossings when sig- nalled by passengers desiring to enter the cars ; except cars in limited service. It is also intended that cars operated over the route herein described, shall accommodate local travel over such portion of the route over which local city cars are not operated. Sec. 418. In the event of the consolidation or merger of the company or corporation, to whom the right to construct, maintain and operate an electric street railway over the route herein described, is granted, with any other electric railway company, or companies, operating its or their cars within the corporte limits of the City of Findlay under grants obtained from said City, fares paid on any one of the lines part}^ to the merger or consolidation, shall be good for a continuous passage over any other of the lines party to the merger or consolidation, from any point within the corporate limits of the City of Findlay to any other point within the corporate limits of the City of Findlay, over the lines of said companies parties to the merger or con- solidation. Further that said owner or owners of said street Railway Company to which said franchise is granted be required to give trans- fers to City passengers from points on its line good for passage over the line or lines of any other railway company now or hereafter re- quired by its franchise to give similar transfers. Sec. 419. It is further provided that the company or corpora- tion to whom the right to construct, maintain and operate an electric street railw^ay over the route herein described, is granted, shall provide a suitable waiting and baggage room in said City properly heated and lighted and in charge of an efficient agent; that legal service upon said agent shall be held to be good and efficient upon said railway or company. Sec. 420. The location of the tracks on the route herein de- scribed shall be as follows : Commencing in Blanchard Avenue at a point where said Blanchard Avenue intersects with the southeasterly ijo CoDii'iici) Ordinancks of the Cjty of Findlay corj)oratc line of the City of Findlay, thence northwesterly in Blanchard YVveniie on the southerly side of Blanchard avenue to Morse street, thence by curve to the center line of Blanchard avenue, thence northwesterly alon^- the center line of Blanchard avenue to the intersection of Blanchard avenue and Blanchard street ; thence with curves therefrom northerly into Blanchard street, thence northerly in Blanchard street, along- the center line of said street to the intersection of Blanchard street and East Sandusky street, thence by curves wes- terly into East Sandusky street, thence westerly in East Sandusky street, and in the center of said East Sandusky street crossing on and over the bridge of Eagle Creek in said street and extending westerly in the center of East Sandusky street to its intersection with Main street with all necessary and convenient curves to enable proper con- nections to be made at each termini of said route. Sec. 421. Sealed proposals shall be advertised for, to construct and operate said street railway under and in accordance with the pro- visions of this ordinance, over the route herein established, and the Clerk of the Council is hereby directed to advertise in a newspaper of general circulation in said City for a period of one week for sealed proposals to construct and operate an electric street railway on the route established in Section 403 hereof in accordance with the terms, conditions and stipulations of this ordinance. Proposals to specify the lowest rate of single cash fare for which bidder proposes to carry passengers over said route ; said proposals to be addressed to the Clerk of the Council, to be opened by him on the day and hour and at the place to be named in the advertisement ; and said Clerk shall report such bids to the City Council of said City at the meeting thereof next held after the date of such opening. Each bid shall be accompanied by a certified check in the sum of Si 00.00 drawn on and certified by a reliable banking corporation doing business in the State of Ohio, and payable to the order of the City of Findlay, Ohio, and which check and the monev represented therein', the bidder by making a bid and depositing such check agrees shall belong to and become the property of the City of Findlay, Ohio', as liquidated damages should such bidder be declared to be the lowest bidder to carry passengers on the route herein established and within five days after being declared to be such lowest bidder by the said C'ity Council of P'indlav, Ohio, fail or neglect to file with the City Clerk of P'indlay, to be by him produced to the Council for such bidder at the meeting of such Council next thereafter, the valid written con- sents of a majority of the property holders u])on each street or part thereof on the line of the route herein established, represented by the feet front of the jiroperty abutting on the several streets along which it is proposed to construct such electric street railway. All cer- tified checks accomiranying bids, other than the bid declared to be the lowest one, shall upon finding of the Council as to which is the lowest bid, to be forthwith returned to the person oir jiersons whose bid or bids they accompanied. Upon the production of such consents to the said Council the said check accompanying such declared lowest bid shall be returned to the bidder whose bid it accoiujianied. The City Council reserves the right to reject any or all bids. Said Codified Ordinances of the City of Findlay 91 grant shall be made only to the corporation, individual, individuals or company that shall bid to carry passengers on the proposed route at the lowest rate of fare aforesaid, and that shall have previously obtained and produced to the Council the written consents of the abutting property owners on said streets aforesaid, as required by law . — VoL D, Page 19. vSec. . 422. That a street railroad route be and the same is hereby established in said City of Findlay, State of Ohio, to be known as street Railroad route number forty-two (42) the course of which shall be as follows : Upon and over East Sandusky street from the intersection of said street within the eastern corporate limit of said City, west to and upon Main street of said City. Sec. 423. The street railroad to be constructed and operated over and along said route shall consist of a single track, with all necessary turnouts, curves, sidetracks, switches, loops, Y’s, poles, wires, appurtenances, equipments and appliances for the transporta- tion of passengers packages, baggage, express matter, mail matter and freight. Said street railroad shall be operated by electric or other motive power, except steam and animal power. Sec. 424. The grant to construct, maintain, and operate a street railroad, upon and along said street railroad route, number forty-two (42) shall be for the term of twenty-five years. Sec. 425. Sealed proposals shall in accordance with law, be re- ceived by said Council, to construct and operate said Street Railroad over the route hereby established and the Clerk of the said City is hereby directed within fifteen days after this ordinance shall be in force and take effect to advertise for a period of four weeks, as pro- vided by law for sealed proposals to construct and operate a street railroad on the route hereby established, proposals to specify the maximum rate of fare for which the bidder proposes to carry passen- gers over said route. Said proposals shall be addressed to the Clerk of the City of Findlay, State of Ohio, to be opened by him, at the day and hour and place named in the advertisement, the Council re- serving the right to reject all bids. The grant to construct, operate, and maintain said railroad, shall be made only to responsible corpora- tion, individual, individuals or company which shall bid to carry pas- sengers on said proposed route, at the lowest rates, and shall be sub- ject to the condition and provisions set forth in the ordinance making the grant of said rights to the successful bidder therefor, and which shall previously have obtained and produced to the Council the writ- ten consent of abutting property holders as required by law . — VoL D, Page 128. CHAPTER XXIX. SINKING FUND. Section 426 Creation of. Section 426. That for the purpose of better arranging and providing for the gradual extinguishment of the bonds and funded ij2 CoDii?iED Ordinances oe the City of Findlay (lel)l of said City there be and there is hereby created a Sinking Fund for said City under the provisions of Chapter Three, Division Nine, Title Twelve of the Revised Statutes of (dhio. — Vol. B, Page 255. CHAPTER XXX. SPEED OE LOCOMOTIVES AND OTHER VEHICLES EXCEPT STREET CARS. Section 427 Speed of. Section 428 Penalty. Section 429 Speed of horses and other animals and bicycles. Section 430 Penalty. Section 427. That all Engineers, Conductors and Railway Companies who operate or have charge of any locomotive, railroad car or train, or who is the owner or has the management or operation of any railroad or part thereof, within the limits of said City, be and they are hereby required to run their said locomotives, railroad cars or trains at a rate of speed not greater than 15 miles per hour within or while passing through said City and it shall be unlawful for any such Engineer, Conductor or Railway Company to run any such locomotive, railroad car or train at a greater rate of speed than 15 miles per hour within or Vvdiile passing through said City. Sec. 428. That for every violation of any of the provisions of Section 427, such Engineer, Conductor or Railroad company shall be liable to the City in any sum not less than Five Dollars nor more than Fifty Dollars to be recovered in a civil action before any Court having jurisdiction. — Vol. B, Page 1^2. Sec. . 429. That it shall be unlawful for any person or persons to run, race or drive, or cause or assist in so doing, any horse or horses or other animal or animals, or bicycle, upon or along any of the streets, avenues, alleys, public highways or grounds in said City, or to ride or drive any horse or horses, or other animal or animals or bicycles upon or along any of the public ways or places, in such a manner as to endanger or unreasonably discommode any person or persons or to interfere in the free and proper use of said public ways and places aforesaid ; or in any event, at a rate of speed exceeding eight (8) miles per hour. Sec. 430. Any person who shall violate any or either of the provisions of Section 429 shall, upon conviction thereof, be fined in any sum not less than Five ($5.00) Dollars nor more than Twenty- five ($25.00) Dollars for each and every offense. — Vol. D, Page 192. CHAPTER XXXI. TELEGRAPH. Section 431 Franchise to The Buckeye Pipe Line Company granted. CoDiFiKD Ordinances of the City of Findlay 93 Section 432 Poles — Plow erected. Section 433 Grant not exclusive. Section 434 City may use poles. Section 435 City to be indemnified. SectiOxN 431. That, subject to the terms and conditions here- inafter set forth, the ordinances of the City of Findlay heretofore passed governing the use of the streets, alleys, and public highways of said City in the erection of telegraph systems and subject to such rules and regulations governing the use thereof as may hereafter be adopted by the City of Findlay, the consent of the City Council of the City of Findlay, Ohio, is hereby given to the said. The Buckeye Pipe Line Company to maintain and operate a system of telegraph includ- ing all necessary poles, wires, and fixtures within said City upon and along the following route, to- wit, beginning at its offices in the Jones building on West Crawford street, thence west on West Crawford street to Cory street, thence north along Cory street to the first alley north of West Main Cross street, thence west in said alley to the right of way of The Lake Erie & Western railroad, thence north- westerly to the intersection of the west line of said right of way with West Front street, thence west along West Front street to Factory street, thence south along Factory street to West Main Cross street, thence west along said West Main Cross street to the corporation line. Sec. 432. • All poles shall be erected under the supervision and direction of the City Civil Engineer, and shall be erected so that neither they nor the wires strung thereon shall injure the support or working of the lines of any other corporation, company, or individual, previously erected and in such a manner as not to interfere with the public use of said high-way or in any way to injure, obstruct or in- convenience any person in his rights to the free use of such high-way as a public high-way; nor in such a manner as to obstruct or incon- venience any public or private drive or passage way, or injure or obstruct any sewer, water or gas line. Said Company shall restore the surface of said highway, which may be disturbed by it in the erection or maintenance of poles, to the condition in which it was found. In case the poles of said Company shall interfere with the change of grade or change of curb line of any street or with anv other public improvement, said Company shall by order of the Council remove such poles at its own expense to conform to said improve- ment. All poles shall be straight and neatly shaven and safe for the purpose for which they are used, and shall be imbeded in the ground not less than five (5) feet and shall not extend less than thirty (30) feet above the surface of the ground. Sec. 433. Nothing in this ordinance shall be so construed as to grant to said Company an exclusive right upon and along the above designated route. Sec. 434. The City shall be privileged to use said poles in the operation of its telegraph system, provided, such use shall not inter- fere with the use thereof by said Company. Sec. 435. Said Company shall indemnify and save harmless 94 Codified Ordinances of the City of Findlay the Cilv front any claim for damages caused by the construction or negligent maintenance of said lines and shall be liable for any injury resulting therefrom to public or private property of any kind what- soever. — Vol. D, Page 251. CHAPTER XXXII. TJRBS. • . Section 436 Width of — How determined. Section 437 Penalty. Section 436. That it shall be unlawful for any person or per- sons to transport, haul or convey, or cause the same to be 'done, any load, weigiit or burden, over or through any of the public streets, avenues or alleys of the City of Findlay, Ohio, on any wagon or other wheeled vehicle having a tire of less than the following width for the following loads in ton weights of two thousand (2,000) pounds, viz: On four (4) wheeled vehicles, for any load or burden exceed- ing one and one-half (i 1-2) tons weight and not exceeding two (2) tons weight, not less than two inches in width ; for any load or biiir- den exceeding tveo (2) tons weight and not exceeding (2 1-2) two and one-half tons weight, not less than two and one-half (2 1-2) inches in width ; for any load or burden exceeding two and one-half (2 1-2) tons weight and not exceeding four (4) tons weight, not less than three (3) inches in width; for any load or burden exceeding four (4) tons weight, and not exceeding (5 1-2) tons weight, not less than four (4) inches in wddth, for any load or burden exceeding 5 i-2 tons w^eight and not exceeding 7 tons w^eight, not less than 5 inches in width ; for any load or burden exceeding 7 tons weight and not exceeding 81-2 tons w^eight, not less than 6 inches in width ; on all two (2) wheeled vehicles used for light purposes the width of the tires shall be as follows, viz : For any load or burden exceeding one (i) ton weight and not exceeding two (2) tons weight, not less than three (3) inches in width; for any load or burden exceeding two tons weight and not exceeding 3 tons weight, not less than four inches in width ; for an\ load or burden exceeding 3 tons weight, not less than 5 inches in width. No weight or burden shall be transported, hauled or conveyed over, or through any of the paved streets, avenues, or alleys of said City, wTich shall exceed 10 tons in weight. Sec. 437. Any person or persons who shall violate any of the provisions of the two preceding sections shall, upon conviction there- fore, be punishable by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00 .) — VoL D, Page 338. CHAPTER XXXIII. TREES. Section 438 How trimmed. Section 439 By whom trimmed. CODIFIKD OrDINANCICS 01< THE ClTY OF FiNDLAY 95 Sfction 440 Sfction 441 Section 442 Section 443 Penalty. Inilawful to destroy. Unlawful to tie domestic animals to. Penalty Section 438. It shall be the duty of the owner or agent of any lot or parcel of land fronting or abutting on any street, 'avenue or public grounds in the City of Findlay, Ohio, in which shade trees are planted and gTOwing to trim or cause to be trimmed the branches of the trees in front of and along their respective lots or lands near which public lamps are placed so as not to obstruct the passage of light from said lamps to the street and sidewalk adjacent and shall trim ail branches overhanging sidewalks so as to leave a clear height of Ten feet above the surface of the sidewalk, and a clear height of twelve feet over the surface of the road unobstructed by branches. Sec. 439. It shall be the duty of the Director of Public Service to notify the owner or agent of any lot or parcel of land in front of or arlong which shade trees are planted as aforesaid to comply with the requirements of the next preceding section and on failure or refusal so to do, after being duly notified for a period of ten days it shall be the duty of said Director to cause the same to be done at the ex- pense of the owner of said property, which expense shall be reported to Council, that the same be assessed against said property for col- lection as other taxes. Sec. 440. Any person who shall violate any provision of the two preceding sections shall on conviction thereof be fined in any sum not less than One Dollar nor more than Twenty Dollars. — Vol. D, Pa^e 199. Sec. 441. That it shall be unlawful for any person within the corporate limits within the City of Findlay, Ohio, to break, cut down, uproot or destroy, mark, mar or injure in any manner, without lawful authority, any shade, fruit, ornamental tree or shrub planted or culti- vated for use, shade or ornament upon any of the public or private grounds of the City or upon any street or highway thereof. And it shall be unlawfin for any person to cause or suffer any of the afore- said trees or shrubs to be broken down, uprooted, or in any manner destroyed or injured by any of his, her or their horses, cows or other animals. — VoJ. D, Page 197. Sec. ^142. It shall be unlawful for any owner or possessor of any horse or other domestic animal to cause or suffer said horse or other domestic animal to be fastened or hitched on any shade, or fruit, ornamental tree or shrub planted or cultivated for use, shade, or ornament upon any of the public or private grounds of the City of b'iiidlay, or upon any of its streets or thoroughfares or to any guard, or so near thereto that such horse or other domestic animal shall be able to injure such tree or guard. Sec. 443. Any person violating any of the provisions of the two preceding sections shall, upon conviction thereof, be fined in any sum not less than One Dollar nor more than Twenty Dollars. — Vol. D, Page igy. i)6 Codjfikd Ordinances of the City of Findlay CHAPTER XXXIV. VEHICLES. Section Section Section Section Sect LON Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 444 Term vehicle defined. 445 Who shall comply with. 446 Vehicles — How driven. 447 When meeting. 448 When overtaking. 449 Vehicles moving slowly — WTere to drive. 450 Care when turning. 451 Turning to right. 452 Turning to left. 453 Crossing streets. 454 How to stop. 455 Funeral processions — Not to drive through — Exceptions — When not to apply. 456 Approaching street car — How operated. 457 Vehicles — May be stopped where. 458 Vlinors under age of sixteen not to operate. 459 Maybe loaded or unloaded at curb — Limitation. 460 How horse shall be turned when vehicle stops at curb to load or unload. ‘461 Mufflers for automobiles. 462 Motors stopped when. 463 Street crossings — Who shall have preference. 464 Stop at signal of officer. 465 Vehicular traffic — Management of. 466 Ordinance to be posted where'. 467 Penalty. Section 444. The term vehicles as herein used shall include all drays, wagons, hackney coaches, omnibuses, automobiles, motorcycles, bicycles, power trucks, carriages, buggies and other vehicles, except street cars. Sec. 445. The owner, operator, driver or person in charge of any vehicle propelled or driven upon the streets, lanes, avenues or public places of the City of Findlay, Ohio, shall conform to and ob- serve the following regulations and rules of the road. Sec. 446. Vehicles shall be driven in a careful manner and with due regard to the safety and convenience of pedestrians and all vehicles. Sec. 447. All vehicles meeting shall pass each other to the right. Sec. 448. All vehicles overtaking shall keep to the left of the vehicle which is overtaken, and in the case of automobiles and motor trucks shall, before passing, give signal by the blowing of a horn or the ringing of a bell of their intention to do so. Sec. 449. Whicles moving slowlv shall keep as closely as pos- sible to the curb on the right, allowing more swiftly moving vehicles free passage to the left. Sec. 450. Drivers or operators of vehicles, before turning. CoDiFiKi) Ordinances oe the City oe Findlay 97 stopping or changing' their course shall make sure that such movement can be made in safety. Sec. 451. Vehicles turning to the right into another thorough- fare shall pass and turn the corner as near to the right hand curb as possible. Sec. 452. Vehicles turning to the left into another thoroughfare shall pass to the right of and beyond the center of the thoroughfare intersecting before turning. Sec. 453. Vehicles crossing from one side of a thoroughfare to the other side, shall do so by turning to the left so as to head in the same direction as the traffic on that side of the thoroughfare towards which the crossing is made. Sec. 454. No vehicle shall stop with its left side to the curb. Sec. 455. No vehicle shall be driven through processions ex- cepting with the permission of a police officer, providing that nothing herein contained shall apply to any vehicles of the police or fire depart- ment, or ambulances Sec. 456. The driver or operator of every vehicle when such vehicle is approaching a street car stopping for the purpose of taking on or discharging passengers,* shall give some signal plainly visible or audible to such passengers, and shall keep such vehicles at least six feet from the running board or lower step of such car; and if either by reason of the presence of vehicles at the place where such car is stopping, or by reason of the narrowness of the street, it is not pos- sible to preserve such distance from such running board or lower step, the driver or operator of such vehicle shall stop the same until such car shall have taken on or discharged its passengers and again started. Sec. 457. No vehicle shall stop on any thoroghfare more than two feet from the curb unless such stop is made necessary in com- plying with the provisions of the preceding section. Sec. 458. No person under the age of sixteen years shall operate, drive or propel any automobile or motorcycle on any thor- oughfare in this City. Sec. 459. No vehicle shall remain backed up to the curb ex- cept it be actually loading Oir unloading, and in such case not longer than the actual loading or unloading requires. Sec. 460. The horse or horses or other animal power attached to any vehicle backed up to the curb, shall be turned at right angles to the vehicle and in the direction in which the traffic on that side of the thoroughfare is moving. vSec. 461. No automobiles shall be operated upon any thor- oughfare unless equipped with an efficient muffler and no such auto- mobile shall be operated with said muffler open. Sec. 462. The motor of an automobile shall be stopped when such automobile is at rest. Sec. 463. Pedestrians shall have preference at street crossings but they must not loiter in crossing the street. Sec. 464. The driver of any vehicle shall stop upon the signal of a police officer. Sec. 465. The police department shall have all powers and du- ties in relation to the management of vehicular traffic. (j8 Codified Ordinances of the City of Findlay vSec. 466. The police department shall see that this ordinance is jiostcd in every ]uiblic stable, automobile garage, and shall keep copies in the office of the Director of Public Safety to be issued upon aij'plication, and it shall he the duty of the owner or person in charge of any ]>ublic stable or automobile garage to see that this ordinance is kept posted therein. Sec. 467. Any person or persons violating any of the provisions of Sections 444 to 466 inclusive of this ordinance shall, upon con- viction thereof be fined not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00) for a first offense and not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00) for a second offense and not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) or thirty (30) days’ im- prisonment, or both, for a third offense. — Vol. D, Page 360. CHAPTER XXXV. WARDS. Section 468 Ward No. i. Section 469 Ward No. 2. Section 470 Ward No. 3. Section 471 Ward No. 4. Sec. 468. That the city of Findlay, Ohio, be and hereby is divided into four (4) wards, bounded and described as follows: That all that part of the City of Findlay, which is bounded on the north by the northern corporation line, on the west by the western cor- poration line, on the south by the center line of West Main Cross street, and on the east by the center line of Main street, shall constitute and be a ward and be designated “Ward No. i.” Sec. 469. That all that part of said City bounded on the north by the northern corporation line, on the west by the center line of Main street, on the south by the center line of the Blanchard P.iver and on the east by the eastern corporation line of said Cit}^ shall be a ward and designated as “Ward No. 2.” Sec. 470. That all that part of said City bounded on the north by the center line of West Main Cross street in said City, and on the south by the southern corporation line and on the west hy the western corporation line and on the east by the center line of Main street shall constitute and be a ward and be designated as “Ward No. 3.” Sec. 471. That all that part of said City bounded on the north by the center line of the Blanchard River and on the east hy the eastern corporation line, and on the south by the southern corporation line of said City, and on the west by the center line of Main street in said City shall constitute and be a ward and be designated “Ward No. 4.” — Vol. C, Page 240. CoDiFii^D Ordinances oe the City oe Findlay 99 CHAPTER XXXVI. WATER LINES. Section 472 Main street — When to be connected with alleys. Section 473 Connections — Supervision of work. Sec. 472. That wherever the water lines connecting properties on i\Iain street with the water mains in said street between Lincoln street and Center street are either broken or removed by order of the City, the owners of the property whose water lines are either broken or so order- ed to be removed, shall thereupon connect their respective properties with the water lines in the alley back of said properties. Sec. 473. That said connections shall be made under the direction and supervision of the superintendent of the Water Works of said City — V oL D, Page 341. CHAPTER XXXVII. WEIGPITS AND MEASURES. Section 474 ■ — Term of office. Section 475 Section 476 Section 477 Section 478 Section 479 Section 480 Section 481 Section 482 misdemeanor. Section 483 Section 484 Section 485 Section 486 Section 487 Section 488 being sealed. Sealer of Weights and Measures — How appointed Salary. Bond. Powers and duties of. Standards to be used. Weights and measures to be compared. Records to be kept. To be tested, marked and sealed. Use of incorrect weights and measures knowingly a Same. Computing Scales to be tested. Correct scales to be marked and sealed. Incorrect scales not to be so marked and sealed. Test — Where made. Must be tested before use — Not to be altered after Section 489 Computing scale defined. Section 490 Ice wagons to be provided with scales — Weighing of ice in presence of the purchser — When done. Section 491 Weight of ice tongs to be stamped on tongs. Section 492 Coal and Coke — Sales of — ^How regulated. Section 493 Weight slip to be exhibited to whom — Weight to be verified at whose request. Section 494 Weight or measurement falsely represented is un- lawful. Section 495 Sealer of weights and measures’ shall be provided with an office. lOO CoDiinivD Ordinances of the City of Findlay Si'C'noN 4()6 Property of such office to be turned over to whom —When. Section 497 Penalty. Sec. 474. That the Mayor of the City of Findlay, Ohio shall ap- point a Sealer of weights and measures, whose term of office shall be co-extensive with the term of office of the Mayor making said appoint- ment, and until his successor is appointed and qualified. Sec. 475. The said Sealer of weights and measures shall receive as salary, the sum of One Hundred and Twenty ($120.00) Dollars per year, payable monthly. Sec. 476. Said Sealer of weights and measures shall give bond to the City of Findlay, Ohio, in the sum of Three Hundred Dollars {$300.00) with security to the approval of the Mayor, for the faithful ])erformance of his duties as such Sealer of Weights and Measures during the term for which he may be appointed, as aforesaid, and until his successor shall be appointed and qualified. Sec. 477. vSaid Sealer of Weights and Measures shall have such power and perform such duties in regulating, inspecting, testing, seal- ing and stamping weights and measures within the City of Findlay, Ohio, as are or may be prescribed by the Statutes of the State of Ohio, and the Ordinances of the City of Findlay, hereafter adopted. — Vol. D, Page 305. Sec. 478. That there shall be a regulation of weights and measures within the City of Findlay, Ohio, and the standards adopted by the State of Ohio shall be the test by which they shall be compared and determined. The peck, half peck, quarter peck, quart and pint measures for measuring commodities which are not liquids, shall be derived from the standard half bushel by dividing the capacity of that and each successive measure by two. The interior depth of the half bushel shall not exceed 7 and 1-2 inches, nor be less than 7 inches; of the peck, shall not exceed 6 inches, nor be less than 5 and 1-2 inches; of the half peck, shall not exceed 5 inches, nor be less than 4 and 1-2 inches ; of the quarter peck, shall not exceed 4 inches, nor be less than 3 and 1-2 inches ; of the quart, shall not exceed 3 inches, nor be less than 2 and 1-2 inches. Sec. 479. It shall be the duty of the City Sealer of Weights and Aleasures, and he is hereby authorized and required to test all weights, measures, scales, beams, steelyards, platform {^cales and other machinery or appliances, utensils or receptacles used for weighing or measuring articles or commodities tO' be purchased, sold, offered or exposed for sale in the City of Findlay, Ohio, at least once everv six (6) months at the several places where the same are used, when practicable so to do, otherwise ai his office or place of business. If he shall have found, upon examination, the same to be correct, according to the standards afore- said, he shall seal and mark the same with a stamp or seal or by pasting a card thereon, as he may deem most proper ; and the character or let- ters or figures to be stamped or sealed thereon shall be ‘‘F. S.” meaning thereby ‘'Findlay Standard,” and the date and year it was stamped or sealed. It shall be the duty of the City Sealer of Weights and Measur- es to inspect and examine any of the aforesaid appliances in use or about CoDiinED Ordinances of tfie City of I'indlay lOI to be be used when requested so to do by the owner or operator thereof. And any and all persons, when called upon by said City Sealer shall pro- duce and exhibit any and all weights, measures, scales, beams, steel- yards, platform scales, and other machinery or appliances, utensils or re- ceptacles used for weighing or measuring articles or commodities to be purchased, sold, offered or exposed for sale within said City. All itiner- ant peddlers hawkers or other person or persons having no office, store or other regularly established place of business in said City of Find- lay, who shall use weights, measures, scales, beams, steelyards, plat- form scales or other machinery or appliances for the purpose of weigh- ing or measuring as aforesaid, shall take the same to the office of the said City Sealer before using, and have the same tested and sealed, and shall take the same to the office of said City Sealer and have the same tested and sealed at least once in every six (6) months thereafter. All weights, scales, beams, steelyards, platform scales or other ma- chinery or appliances used for weighing, when out of order shall be labeled “Out of use” and ordered out of use until repaired. When re- paired, notice shall be given to said City Sealer who shall thereupon in- spect and examine the same and if correct according to the standards aforesaid the same shall be sealed by said City Sealer. Sec. 480. It shall be the duty of the City Sealer of Weights and Measures to keep a daily record of all Aveights, measures, scales, beams, steelyards, platform scales or other machinery or applances, utensils, or receptacles used for weighing or measuring, by him tested, sealed, adjusted or made to conform to the established standards as provided by this ordinance, together with the location, name and business of the owner or owners thereof, which records shall be placed on file, in his of- fice or headquarters not later than noon of the day following the date of such examination and which record shall at all times be subject to the inspection of the public. And it shall be the duty of said City Sealer to report forthwith to the Mayor of said City, the names of any and all persons whose weights, measures, scales, beam’s, steelyards, platform scales, or other machinery or appliances, utensils or receptacles, wagons or vehicles, used for weighing or measuring, have been ascertained by him to be out of order or incorrect ; and to file with the Mayor not later than the 5th day of each month, a detailed summary or statement of all his official transactions for the preceeding month. Sec. 481. All persons using weights, measures, scales, beams, steelyards, platform scales, or other machinery or appliances, utensils or receptacles for weighing or measuring any articles or commodities to be purchased, sokl, offered or exposed for sale within said City of Find- lay, or in the weight or measurement of which other persons or the pub- lic are interested, sliall cause such weights, measures, scales, beams, steelyards, platform scales, or other machinery or appliances, utensils or receptacles used for weighing or measuring as aforesaid to be tested, marked and sealed by the said City Sealer ; and it shall be unlawful for any person or persons to sell any article or commodity which is common- ly sold by weight or measure, unless said articles or commodities first and at the time of such sale or purchase be weighed or measured by weights, measures scales, beams, steelyards platform, scales, or other 102 CoDii'iKD Ordinances of the City of Findlay machinery or appliances, untensils or receptacles tested, marked and sealed by said City Sealer as aforesaid. And it shall be unlawful for any ]>erson or ])ersons to sell or expose for sale within the City of Findlay, Ohio, any commodity, article or articles which are common- ly houi^ht or sokl hy measure, in box, basket, package, measure, utensil or recejitacle which shall not contain either the standard half bushel or some multiple or aliquot part thereof, and distinctly marked or labeled so as to show the exact quantity therein contained. Sec. 482. No person or persons, with the intent to use the same for weighing or measuring articles or commodities to be purchased, sold, ofi'ered or exposed for sale within said City of Findlay, Ohio, shall alter or cause or permit to be altered or knowingly use or permit to be used after the same shall have been tested, marked and sealed as aforesaid, which by reason of such alteration shall not conform to the standard herein established ; and any person who shall mark or seal or cause to be marked or sealed any weight, measure, scale, beam, steelyard, platform scale, or other machinery or appliance, utensil or receptacle which is used or intended to be used for weighing or measuring any article or commodity to he bought, sold, offered or exposed for sale within said City of Findlay, Ohio, unless previously authorized by the City Sealer of Weights and Measures so to do, shall be deemed guilty of violating the provisions of this ordinance. Sec. 483. It shall be unlawful for any person or persons know- ingly to use, or cause or keep to be used for measuring any article or commodity to be bought, sold, offered or exposed for sale within the said City of Findlay. Ohio, any measures, utensils or receptacles for measuring, which are liable to or do indicate false or inaccurate measure or which do not conform to the standards established by law, and in addition to the penalty prescribed by this ordinance it shall be the duty of the City Sealer of Weights and Measures to seize all such measures, utensils or receptacles, which are hereby ordered confiscated, and to destroy the same within twenty-four (24) hours after such seizure. Sec. 484. It shall be the duty of the said Sealer of Weights and Measures to test all computing scales used within the City of Findlay, Ohio, at least once every six (6) months, and upon being notified in writing by any person that any such computing scale used for measur- ing or weighing and indicating the price or money value of any article being intended to be purchased or sold, or offered or exposed for sale within said City, is inaccurate or incorrect or believed to be so, or does not or is believed not to weigh or measure according to the standard prescribed by law, or not to give the correct weight for each and every price or money value indicated thereon, he shall at once examine and test the same. In examining and testing any such computing scale, the said City Sealer shall examine, test and prove such scale both as to its correctness in measuring and weighing and as to its correctness in giv- ing the proper weight and measure for each and every price and money value indicated thereon. Sec. 485. If, upon examination and test, such computing scale shall be found to both correctly measure and weigh according to the standards prescribed by law, and also give the correct measure and CoDiFTKi) Ordinances of the City of Findlay 103 weight for each and every price or money value indicated thereon, the said City Sealer shall seal, mark or stamp as provided in Section 481. Sec. 486. The said Sealer shall not seal, stamp, or mark any com- puting scale which shall be found inaccurate or incorrect in measuring or weighing or which shall be found to give an incorrect weight or measure for any price or money value indicated thereon. Sec 487. I'he test of such computing scales may be made by said City Sealer at the place or places where the same may be used, and it shall be the duty of any person, firm or corporation, when called upon by said City Sealer to exhibit to him any computing scale used or in- tended to be used by him or them for weighing or measuring any article or commodity to be purchased or sold and to permit said City Sealer to examine, test, seal, mark or stamp the same. Sec. 488. No person, firm or corporation shall use or permit to be used by any person in his, their or its employ any computing scale unless the same shall have been tested and sealed and marked, as here- in required and no person, firm or corporation with intent to use the same when weighing or measuring as aforesaid, shall alter or permit to be altered, any such computing scale, after the same shall have been tested and marked or sealed as aforesaid. Sec. 489. The term ‘‘computing scale” as used in this ordinance shall be deemed to include all scales and other implements or appliances for measuring or weighing commodities, which measure and indicate or record, at the time of such measuring or weighing, the price or money value of the article or commodity measured or weighed there- on. / Sec. 490. Every person, firm or corporation that is now or may hereafter be engaged in the business of delivering or selling and deliver- ing ice within the City of Findlay, Ohio, shall furnish and securely place upon the rear end of each of its wagons used in the delivery of ice, one set of scales of at least one hundred and twenty-five (125) pounds capacity and shall cause each quantity of ice delivered to be weighed upon said scales at the time of delivery to a consumer, and the person delivering such ice shall, if requested hy the purchaser, weigh the same in the presence of such purchaser or in the presence of some person designated by him. vSec. 491. Each and every set of ice tongs used in the delivery of ice within said City of Findlay, shall have prominently and conspicu- ously stamped thereon the exact and true weight of said tongs. Sec. 492. No person, firm or corporation shall deliver or sell and deliver any coal or coke within the City of Findlay, Ohio, unless the vehicle used for the delivery thereof shall have painted thereon the name of the dealer and some character or number to distinguish such vehicle from others owned or used by such dealer, and unless there shall be delivered to the person in charge of such vehicle a certificate written entirely with an indelible pencil or partly printed and partly written with an indelible pencil, duly signed by the person, firm, or corporation C()i)iivii\i) Okdinancks of the City of Findlay J04 sellinp^ such coal or coke, showing- the weights of the coal or coke, pur- ported to he delivered, the weight of such vehicle used in delivering the same, the date of the weighing and the name of the person to whom said delivery is to he made, which certificate shall be delivered by the per- son in charge of such vehicle to the purchaser of such coal or coke or to the ])crson in charge of the premises where such delivery is to be made j)rior to the unloading of the same from said vehicle. Sec. 493. No person in charge of the vehicle used in delivering coal or coke to whom the certificate mentioned in the preceeding section has been delivered shall refuse or neglect upon demand to exhibit said certificate to the Sealer of Weights and Measures, or to the Chief of l^olice or to any Policeman in uniform, and when said sealer of Weights and Measures or Chief of Police or Policeman in uniform shall demand that the weights shown by such certificate be verified, it shall be the duty of the person delivering such coal or coke to forthwith convey the same to some public scale of the City, if any such there be, or to any ])rivate scale in the City other than the scale owned or controlled by the seller of such coal or coke, where the owner thereof shall consent to such use, and to permit the verification of the weights shown by such certificate and shall, after the delivery of said coal or coke return forth- with to the same scale with the identical wagon used in delivering same and verify the weight of said vehicle. The cost of the use of such scale shall be paid by such officer, who shall be reimbursed for such expendi- ture by the Department of Safety. Sec. 494. It shall be unlawful for any person, firm or corporation to fraudently or falsely represent the weight or measurement of any quantity |of coal, coke or ice, delivered or sold and delivered by them within said Citv of Findlay, Ohio. Sec. 495. The Department of Service of said City of Findlay, Ohio, shall provide the City Sealer of Weights and Measures with an office or headquarters where such weights, measures, scales, beams, steelyards, platform scales or other machinery or appliances, utensils or receptacles may be brought for the purpose of being tested, stamped, marked or sealed and said Citv Sealer shall be at said place at least one hour of each day for said purpose. Sec. 496. It shall be the duty of the City Sealer of Weights and measures at the expiration of his term of office to forthwith turn over to his successor in office or in the event that no successor should be ap- pointed, then to the Director of Service of the City of Findlay, all joropertv of whatever kind, character or nature pertaining to said of- fice and belonging to the City of Findlav, which mav have at any time come into his possession or custody. Sec. 497. Any person or persons, firm or corporation violating any of the provisions of Section 478 to 496 inclusive of this ordinance shall he deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00). — VoJ. D, Page 307. Codifie:d Ordinances of the City of Findlay 105 CHAPTER XXXVIII. repeals. Section 498 Ordinances which conflict or are inconsistent or of which this ordinance is amendatory. Section 499 Foregoing ordinance construed. Sec. 498. All the general ordinances of the City of Findlay, Ohio, or parts thereof so far as they conflict or are inconsistent with the pro- visions of this ordinance and the Laws of the State of Ohio, and all ordinances or parts of ordinances of which this ordinance or any sec- tion thereof is amendatory, be and the same are hereby repealed. Sec. 409. Nothing in this section however shall be construed to ef- fect rights or liabilities either for or against the City of Findlay, Ohio, existing at ths time of the taking effect of this ordinance and no suit, prosecution, oir proceeding pending at the time of the taking effect of this ordinance shall be in any manner affected by its adoption or taking effect, but all rights and remedies shall be as fully preserved and en- forced as though this ordinance had not been adopted. CHAPTER XXXIX. CURB AND MARKET PLACES. Section 500 Establishing. Sec. 500. That a space 15 feet in width measured at right angles to the curb be set apart on the south side of West Main Cross street from the roadway thereof from the West line of the sidewalk on the West side of Main street to the east line of the sidewalk on Court Place and is hereby established as a market place. That a space 15 feet in width measured at right angles to the curb be set apart on the East side of Court Place from the roadway thereof, from the South line of West Main Cross street South to the South line of the Court House and is hereby established as a market place. That a space 15 feet in width measured at right angles to the curb be set apart on the North side of Court Place from the roadway there- of, from the West line of the sidewalk on the West side of Main street west to the East line of the sidewalk on Court Place and is hereby es- tablished as a market place. That an ordinance passed 'on the 20th day of August, 1896, grant- ing the use of the south side of West Main Cross street along the Court House grounds to the expressmen be and the same is hereby repealed. RULES GOVERNING CURB MARKET PLACE. Time for holding market Wednesday and Saturday of each week from 3 to 9 o’clock d. m. Curb to be measured and marked in eight foot spaces, commencing at the west side of Alain street on the south side of the Court House scpiare, beginning with number one, and run- ning thence west to the southwest corner and thence North as far as io6 Codified Ordinances of the City of Findlay l)ractical on the West side of the Court House, and that the space on the North side of tlie Court House be left open and un-numbered at present. That these s]>aces lie rented to persons who raise their own articles offered for sale, at ten cents per week ; to Hucksters and persons who buy and sell country produce of any kind, at fifty cents per week; per- sons who sell their own produce and also buy from others and sell, at twenty-five cents per week ; to Butchers who reside in the City of Find- lay at fifty cents per week ; to persons who reside outside of the City offering meat for sale, One Dollar and Fifty cents per week. That a Market Master be appointed, whose duties may be as pre- scribed by Council, amono- which he (i) assign the spaces to the dif- ferent applicants and that he collect the rental therefor. (2) That he declare the Market be opened and closed at the time herein specified therefor, (3) that he shall see that no unsanitary, impure or unfit meats or vegetables are offered for sale, and that all ^.weights and measures used are up to standard, and that he promptly report any de- fect in quality of goods offered, as stated above, to the Board of Health, and anv defect in weight or measure to the Sealer of Weigths and Measures. That for his services as Market Master he be paid such part, or all, of the receipts from the rental of market spaces as may hereafter be determined by Council. CHAPTER XL. TIME OF TAKING EFFECT. Section 501 Shall become effective when. Sec. 501. This ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed Dec. 29th, 1911. (Signed) M. M. CARROTHERS, ^ President of Council. • Attester J. C. HDIE, Clerk of Council. Approved Dec. 30th, 1911, E. E. GROVES, Mayor. Codified Ordinances of the City of Findlay 107 INDEX TO FRANCHISES CAS AND GAS LINES. David Kirk. James W. Kirkbride and E. C. Taylor. James W. Kirkbride and E. C. Taylor. Citizens Gas Light and Heating Co. Logan Natural Gas and Fuel Co. LIGHT. Hancock Light and Power Co. PIPE LINES. Findlay Pipe Line Co., (Petroleum). Buckeye Pipe Line Co., (Petroleum, Oil and Water). T. H. McConica (Steam and Hot Water). Charles F. Smith (Hot Water for heating). STREET RAILWAYS. Findlay and Southern Railway. The Findlay and Marion Electric Railway Co. Findlay-Marion Railway and Light Co. Findlay, Kenton, Bellefontaine and Urbana Electric Rail- road Co. George B. Kerper. George B. Kerper. Findlay Street Railway Co., (To pave tracks). Findlay Street Railway Co., (Required to operate by Electricity) . Theo. Wentz, (T. F. & F. Ry.) Theo. Wentz, (T. F. & F. Ry. amendment). io8 CODIFIKP ORDrNANCES OF THE CiTY OF FiNDLAY STEAM RAILROADS. Fremont and Indiana Railroad Co. F. E. & W. Railroad. F. E. W. Railroad. T. C. & S. Ry. (Bank Street). N. Y. M. & W. Railroad Co. Findlay Belt Fine Railroad. Findlay, Fort Wayne & Western Railroad. Findlay, Fort Wayne & Western Railroad. Toledo & Ohio Central Railroad, (Faqiiineo Street). TELEGRAPH. Buckeye Pipe Fine Co. TELEPHONE. Central L'nion Telephone Co. Findlay Telephone Co. F^nited States Telephone Co. Findlay Home Telephone Co. WASTE PAPER RECEPTACLES. T. Yh Klingenberg. FRANCHISE TO DAVID KIRK TO LAY GAS MAINS, ETC. An ordinance to grand David Kirk permission to use the streets and alleys of Findlay for laying mains to carry natural gas and supply the same for public and private use and consumption : (Passed January 8, 1886.) Sec. I. Be it ordained by the Council of the Village of Findlay, That permission and privilege be, and the same hereby is granted to David Kirk, his heirs and assigns, to lay gas mains and pipes from his gas well in East Findlay along, through and across the streets, alleys and sidewalks of said Village of Findlay for conveying gas to the citizens thereof for public and private use and consumption ; Provided however, and this grant is made upon the conditions and limitations to- wit : First, That said David Kirk, his heirs and assigns, shall execute to the Village of Findlay his bond in the sum of ten thousand dollars, with sureties to the approval of the Council, conditioned to save and indemnify said A^illage free and harmless from all loss, damage and liability of said Village, or to other persons, arising in any way from or by reason of this grant so made and from the use or supply of such gas or the laying of said mains or pipes. Second. That said Kirk in laying such mains or pipes or otherwise shall not in any way hinder, interfere with or obstruct public travel or convenience. Codified Ordinances of the City of Findlay 109 Third, That said Kirk shall not interfere with, damage or break any main, pipe, sewer or drain heretofore made, laid or constructed, and shall pay and make good all such injury or damage caused by him or his agents, servants or employees. Fourth, That said Kirk shall, when excavations are made, restore the street, alley or sidewalk to the same condition as before such exca- vation, and upon failure so to do for twenty-four hours such restora- tion shall be done by the Village at the cost of said Kirk. Fifth, That the mains and pipes so used shall be of standard quality and suitable and safe for the conveyance of natural gas. Sixth, That this grant is made subject to the Statutes of Ohio now in force or hereafter to be enacted, and the rules, regulations and ordinances of said Village now in force or that may hereafter be enact- ed for the regulation of gas companies or the supplying of gas for pub- lic or private use or consumption. AN ORDINANCE. Granting the privilege to James W. Kirkbride and Edmond C. Taylor to lay and maintain mains and pipes in the streets, alleys and public grounds of the City for the purpose of conveying and supplying natural gas for the sale in the city, and to fix the price thereof. Be it ordained by the Council of the City of Findlay, Ohio. Sec. I. That permission be and the same is hereby granted to James W. Kirkbride and Edmond C. Taylor, their heirs and assigns, to lay and maintain mains and pipes in the streets, alleys and public grounds not less than thirty inches below the surface for the purpose of conveying and supplying natural gas for sale, for fuel, heat and light in said City and to make the necessary excavations therefore, together with the necessary regulators, street boxes, valves, etc., and permis- sion to alter and keep the same in repair; provided that no mains or pipes shall be laid along any paved street, or any part thereof, unless the owners of a majority of the foot front along such street or part thereof, shall consent thereto in writing. Sec. 2. That said grantees shall from time to time upon ^request of the Council, or City Civil Engineer, file with said Engineer an ac- curate map showing- the location and size of any and all mains, pipes and regulators, street boxes, valves, gauges and other apparatus placed, or proposed to be placed under this franchise. Sec. 3. That said grantees in laying, maintaining, altering or re- pairing of their said plant, or any part thereof, shall restore all' streets, alleys and public grounds and improvements thereon, in through or across which the same shall be constructed to the same condition in which they found the same, to the satisfaction of the Board of Improve- ments. And in all cases where any mains or pipes are laid along or across any paved street, and where any alterations or repairs of same are made upon any paved street all excavations made shall be filled up and pavements replaced by grantees under the supervision and direc- tion of the City Civil Engineer, to the end that said pavements shall be no Coi)iFiTi:i) Ordinances of the City of Findlay restored to their former condition, and the failure upon the part of said grantees to so restore the streets, alleys and public grounds and im- ])rovements thereon, including paved streets, to their former condition within ten days after notice by the City so to do, the City may do the same and charge the cost and expense thereof to said grantees. Sec. 4. That no sewer, gas or water pipe, drain or other lawful structure in or upon any street, alley or public ground of the City, shall in any manner be disturbed, detached, injured or interfered with by said grantees without special permission from The Board of Improve- ments in each instance so to do. Sec. 5. That in no case shall the City be liable to the grantees for any damage done to main, pipe or other structure or improvement or an’v kind now or hereafter made by the City in the change of grade, or in the improvement of any street, alley or public ground in case the removal or relocation of any kind of said mains, pipes, etc., or appara- tus, should become necessary in the opinion of the Board of Improve- ments and Council by reason of the change of grade or in the improve- ment of any street, alley of public ground, the same shall be done by grantees free of expense to the City, leaving the street, alley or public ground in its former condition, and if not done or if not properly done, the same may be done by the City at the cost and expense of said grantees. Sec. 6. That said grantees shall furnish natural gas to all con- sumers so far as they may be able at a uniform rate for lighting and heating purposes, and at a uniform rate for manufacturing purposes but no discrimination shall be made between consumers of the same class, and no charge shall be made to exceed the sum, or rate of twenty-five cents ($.25) per thousand cubic feet, which shall be the maximun price chargeable for such gas for the period of ten years from passage here- of, provided that said grantees, shall make a discount of five cents per thousand cubic feet to all consumers who shall pay on or before the tenth of the current month for gas consumed by them during the pre- ceding month. All charges for gas consumed shall be payable as above at the office of grantees established at some convenient place in the City. vSec. 7. That said grantees shall begin the construction of their said plant under this ordinance with thirty days after its passage, legal publication, and acceptan.ee by said grantees and shall construct and complete within one year from said time a complete low pressure, system of mains and pipes in said city, which shall consist of at least two miles of such low pressure mains and pipes from each voting ward of said city ; and connect said low pressure system with their high pressure or field line system with all necessary regulators, and apparatus to re- duce the pressure of said gas in low pressure mains to at least eight (8) ounces, and said grantees shall at no time furnish said gas in said City, under a higher pressure than eight ounces. Sec. 8. That said grantees in order to avail themselves of the rights and privileges granted by this ordinance must agree to the same and place on file with the City Clerk within ten days from the passage hereof, a written acceptance of the terms and conditions embraced here- CoDii^ED Ordinances oe the City oe Findlay 1 1 1 in and also file with the City Clerk, within said time a good and suf- ficient bond in the principal of $25,000.00 to be approved by the Council of said city, conditioned that said grantees shall and will, construct com- plete and maintain a natural gas plant in said City in accordance with the terms of this ordinance, that they will furnish said natu-ral gas to the citizens of said City at the price herein stipulated for the period of ten years from the date of this ordinance and will comply with all the further stipulations and provisions of this ordinance. Sec. 9. That this ordinance shall take effect and be in force for the period of twenty-five (25) years from the date of passage hereof. Passed September 8, 1902. — Vol. C, Pages 225-227. AN ORDINANCE. Granting the privilege to James W. Kirkbride and Edmond C. Tay- lor to lay and maintain mains and pipes in the streets, alleys and pub- lic grounds of the City for the purpose of connecting and supplying natural gas for sale in the city and to fix the price thereof. Be it ordained by the Council of the City of Findlay, Ohio. Sec. I. That permission be and the same is hereby granted to James W. Kirkbride and Edmond C. Taylor, their heirs and assigns to iay and maintain mains and pipes in the streets, alleys and public grounds not less than thirty inches below the surface for the purpose of conveying and supplying natural gas for sale for fuel, heat and light in said City and to make the necessary excavations therefore, together with the necessary regulators, street boxes, valves, etc., and permission to alter and keep the same in repair, provided that no main or pipe shall be laid along any paved streets or part thereof unless the owners of or a majority of the foot front of such street or part thereof shall con- sent thereto in writing. Sec. 2. That said grantees shall from time to time upon request of the Council or City Civil Engineer file with said Engineer an accurate map showing the location and size of any and all mains, pipes and regulators, street boxes, valves, gauges and other apparatus placed or proposed to be placed under this franchise. Sec. 3. That said grantees in the laying, maintaining, altering, or repairing of their said plant or any part thereof shall restore all streets, alleys, and public grounds and improvements thereon into or across which the same shall be constructed to the same condition in which they found the same to the satisfaction of the Board of Improvements and in all cases where any mains or pipes are laid along or across any paved streets, and where any alterations or repairs of same are made upon any paved street all excavation made shall be filled up and pavements re- placed by grantees under the supervision and direction of the City Civil Engineer to the end and that said pavement shall be restored to their former condition, and a failure upon any part of said grantees to so re- store the streets, alleys and public grounds and improvements thereon including paved streets to their former condition within ten days after I 12 CoDii'iKD Ordinances oe the City oe Findlay notice l)y tlie City so to do the city may do the same and charge the cost and ex])ense thereof to said grantees. Sec. 4. That no sewer, gas or water-pipes, drain or other lawful structure in or upon any street, alley or public ground of the City shall in any manner he disturbed, detached, injured or interfered with by said grantees without special permission from The Board of Improvements in each instance so to do. Sec. 5. That in no case shall the City be liable to the grantees for any damage done in laying pipes or other structures or improvements or any kind now or hereafter to be made by the City in the change of grade or anv im])rovement of street, alley or public ground in case the removal or re-location of any kind of said mains, pipes, etc., or apparatus should become necessary in the opinion of the Board of Improvements and Council by reason of the change of grade or in the improvement of any street, allev or public ground, the same shall be done by grantees free of expense to the City, leaving the street, alley or public ground in its former condition and if not done or if not properly done the same may be done by the City at the cost and expense of said grantees. Sec. 6. That said grantees shall furnish natural gas to all con- sumers so far as they may be able at a uniform rate for lighting or heat- ing purposes and at a uniform rate for manufacturing purposes, but no discrimination shall be made between consumers of the same class, and no charge shall be made to exceed the sum or rate of twenty-five cents per thousand cubic feet which shall be the maximun price chargeable for such gas for the period of ten years from the passage hereof, pro- vided that said grantees shall make a discount of five cents per thou- sand cubic feet to all consumers who shall pay on or before the tenth day of the current montii for the gas consumed shall be payable as above at the office of grantees established at some convenient place in the City. Sec. 7. That said grantees shall begin the construction of their said plant under this ordinance within thirty days after its passage and legal publication and acceptance by said grantees and shall construct and complete within one year from said time, a complete low pressure sys- tem of mains and pipes in said City, which shall consist of at least two miles of such low pressure mains and pipes in each votiiip- ward in said City and connect said low pressure system with their high pressure or field line system with all necessary regulators and apparatus to reduce the pressure of said gas in said low pressure mains to at least eight ounces and said granteees shall at no time furnish said gas in said City under a higher pressure than eight ounces. Sec. 8. That said grantees in order to avail themselves of the rights and privileges granted by this ordinance must agree to the same and file with the City Clerk within ten days from the passage hereof a written acceptance of the terms and conditions embraced herein and also file with the City Clerk within said time a good and sufficient l)ond in the principal sum of Twenty-five Thousand Dollars, to lie approved bv the Council of said City conditioned that said grantees shall and will con- struct, complete and maintain a natural gas plant in said Citv in ac- cordance with the terms of this ordinance that they will furnish said natural gas to the Citizens of said City at the price herein stipulated for CoDir'iKD Ordinanci*:s of the City of Findlay 113 the i^eriod of ten years from the date of this ordinance and will comply with all the further stipulations and ])rovisions of this ordinace. Sfc. 9. That this ordinance shall take effect and be in force for the ])eriod of twenty-five years from the date of the passage hereof. Passed November 24, 1902. — Vol. C, Pages 236-238. AN ORDINANCE. Granting to the Citizen’s Gas, Light and Heating Company, its successor or assigns, the privilege of laying, constructing and maintain- ing pipes in the streets, alleys, public places and grounds of the City of Findlay, Ohio, for the purpose of conveying and supplying Natural and Artificial Gas for fuel and lights to said City and the inhabitants thereof, and fixing the price to be charged for Natural Gas. Be 'it ordained by the Council of the City of Findlay, Ohio. Sfc. I. That the permission be and same is hereby granted to the Citizen’s Gas, Light and Heating Company, its successors' or assigns, to lay, construct and maintain pipes and mains in and through the streets, avenues, alleys and public grounds within the limits of the City of Find- lay, Ohio, for the purpose of supplying Natural and Artificial Gas, or cither, for fuel, heat and light, to said corporation and the inhabitants thereof, for public and private use ; and to make all necessary excava- tions in said streets, avenues, alleys or public ground for the purpose of laying, constructing and maintaining such mains and pipes, and the necessary street boxes and valves and for altering and keeping in repair the same. Sec. 2. Provided that the rights and privileges herein granted are upon the expressed provisions and stipulations following, to-wit ; 1. That said. The Citizen’s Gas, Light and Heating Company, its successors or assigns, shall from time to time, whenever requested by the City Civil Engineer, or ordered by the Council both before and after be- ginning work, file in the office of the City Engineer an accurate map showing all the streets, avenues, alleys and public grounds in which its pipes are laid, or to be laid, showing their location and size, together with all street boxes, safety valves, gauges and apparatus of any kind. 2. That all work done in laying pipes or mains in or across any street or avenue of said City that is now paved or which may be hereaf- ter be paved or in altering, repairing or improving such gas plant in such manner as to require the removal or disturbance of any such pave- ment, shall be done and performed by said The Citizens’ Light, Gas and Heating Company, its successors or assigns, under the supervision of the Board of Improvements and the City Civil Engineer of the City of Findlay, Ohio ; and all pavements removed, altered or disturbed by said Tbe Citizen’s Gas, Light and Heating Company, its successors or assigns, shall be bv it or them replaced, reconstructed and repaired under like supervision, in such manner as to make said pavement in as good condition and repair as the same was in before such laying, removing, altering or disturbing and all and every expense thereof including the 114 CoDiFii'D Ordinances of the City of Findlay cost of the services of said Civil Engineer, shall be paid by said The Citizens (bis, Idj^bt and Heating Company, its successors or assigns. 3. That anv and all pavements, sidewalks, cross-walks, cub-stones, gutters, streets, avenues, alleys, and public grounds or any portion there- of, displaced, disturbed or injured, in any manner, by said, The Citizen’s <^'ias, Eight and Heating Company, its successors or assigns, in laying, re])airing or maintaining ])ipes, street boxes and valves shall immediate- Iv be restored, replaced and rejiaired by said The Citizens Gas, Eight and Heating Company, its successors or assigns, and put in as good con- dition or re])air as the same were in before being disturbed. 4. Tn case said The Citizen's Gas, Light and Heating Company, its successors or assigns, fail to repair, restore or replace any pavement, sidewalk, cross-walk, curb-stone, gutter, street, avenue, alley or public ground displaced, disturbed or injured as set forth in paragraphs two and three therein within ten days after notice is served upon said. The Citizen’s Gas, Light and Heating Company, its successors or assigns, hv the Board of Improvements or other proper officer of the City of Findlay, then the City of Findlay, by its officials, is hereby authorized to repair, replace or restore the same as the case may recpiire, at the ex- pense of said’The Citizen's Gas, Light and Heating Company, its suc- cessors or assigns, and upon presentation of a certified bill for the ex- ]iense incurred therebv the said Citizen's Gas, Light and Heating Com- pany, its successors or assigns, shall pay such expense, on the order of the Board of Improvements to the City of Findlay, Ohio. 5. That no sewer, gaspipe, water pipe, drain, or other lawful struc- ture in or upon any street, avenue, alley or public ground of said City (except those owned b}' said The Citizen’s Gas, Light and Heating Companv, its successors or assigns') shall in any manner be disturbed, injured or interfered with by said The Citizen’s Gas, Light and Heat- ing Company, its successors or assigns, without special permissions from the Board of Improvements in each instance. 6. Xor shall the City be liable to said The Citizen's Gas, Light and Heating Company, its successors or assigns, for any injury or damage to the pipe or other structure caused by or in consequence of any struc- ture, or any improvement of any kind, now existing, or hereafter made, by the City or by reason of a change of grade of any street, or in case in the judgment of the Board of Improvements and Citv Council a re- moval or re-location of anv of the pipes or other fixtures of said The Citizen's Gas, Light and Heating Company, its successors or assigns is made necessary by reason of any City improvement, or work, or change of grade of any street, such removal or re-location shall be made by said The Citizen's Gas, Idght and Heating Companv, its successors or as- signs, at its own expense; and if not promptly done hy it, then to be done by the Citv of Findlay at the expense of said The Citizen’s Gas, Light and Heating Company, its successors or assigns, upon the con- ditions herein specified. Sec. 3. Said The Citizen's Gas, Light and Heating Companv, its successors or assigns, shall furnish and supjdy Natural Gas for fuel and lights to all consumers so far as it or they mav be able at a uniform rate or price for domestic purposes, and at a uniform rate or price for Codified Ordinances of the City of Findlay 115 manufactiirini^- purposes, Imt no discriminations shall be made between consumers of the same class. Provided that in a case of an unavoidable shortage in the supply of .Natural Gas said The Citizen's Gas, Light and Heating Company, its successors or assigns, shall not furnish said gas for manufacturing pur- pose until the demand for said gas for domestic use is fully satisfied, and in no event shall gas be furnished for manufacturing purposes in such quantities as to cause a shortage among domestic consumers. Sec. 4. That for the period of one year from the ist day of No- vember, 1898, said The Citizen’s Gas, Light and Heating Company, its successors or assigns, may charge for Natural Gas furnished to the Citizens of Pfindlay and to the publicbuildings, Council chambers, offices, court rooms, stations, engine houses, etc., for domestic use, the sum of twenty-five cents ($.25) per thousand cubic feet ; and from and after the 1st day of November, 1899, said The Citizen’s Gas, Light and Heating Company, its successors or assigns, may charge for all Natural Gas as aforesaid the sum of Thirty Cents ($.30) per thousand cubic feet; all charges for gas consumed shall be payable at the office of the Citizen’s Gas, Light and Heating Company, its succesors or assigns, in the City of Findlav, Ohio, on or before the loth day of the month following its consumption and said The Citizen’s Gas, Light and Heating Company, its successors or assigns, shall in no event charge for gas consumed prior to the ist day of Novenrber, 1899, more than Twenty-five ($.25) cents per thousand cubic feet, nor more than Thirty Cents ($.30) per thousand feet for gas consumed after said date, unless authorized by lawful regulation of the Council of said City. And provided further, that The Citizen’s Gas, Light and Heating Company, its successors or assigns, shall allow all consumers of gas a discount of five cents ($.05) per thousand feet from said price so fixed, on all bills paid on or before the loth day of the month following the consumation of the gas charged for in such bill, leaving the net price to consumers Twenty Cents (S.20) from November ist, 1898, to Novem- ber 1st; 1899, and Twenty-five Cents (S.25') after November ist, 1899. In case artificial gas is furnished under this franchise the same shall be of standard quality, 16 candle power and furnished under such regulations as the Council may from time to time prescribe. Sec. 5. That said The Citizen’s Gas, Light and Heating Company its successors or assigns, before commencing business in said City un- der this grant, or as soon thereafter as is practicable shall make and file with the Citv Clerk a schedule which shall contain the price which said The Citizen’s Gas, Light and Heating Company, its successors or as- signs, shall charge for supplying gas to consumers, also a schedule of regulations governing the delivery and consumption of gas, which regulations shall be uniform in operation, also the form of contract with consumers. Said The Citizen’s Gas, Light and Heating Company, its successors or assigns, may at any time file new schedules of prices but the right to file such schedules shall not be held to exempt said The Citizen’s Gas, Light and Heating Company, its successors or assigns, from the operation of any statute of the State now existing, or hereafter. to be enacted, concerning the price of Natural or Artificial Gas, provided, CoDiKi]'!) Ordinances or the City oe Findlay 1 16 however, that at no time shall said The Citizen’s Gas, Light and Heat- ing Coinjiany, its successors, or assigns fix, collect or charge a greater rate to any consumer than that hereintofore provided for. Si'X'. 6. All new ])ipcs, mains, and apparatus of any kdnd, laid or located by said The Citizen’s Gas, Light and Heating Company, its suc- cessors or assigns, shall be of a standard quality, and said The Citizen’s (has. Light and Heating Company, its successors or assigns, shall place and lay all ])ipe and mains used for the purpose of carrying, trans- ])orting and siqiplying gas at a depth of not less than thirty (30) inches below the surface of such streets, avenues, alleys, or public grounds, unless the Hoard of Improvements shall otherwise order. Sr:c. 7. That said The Citizen’s Gas, Light and Heating Company its successors, or assigns, shall fully protect, indemnify and save harm- less the City from any and all actions, damages, losses, costs, charges, and expenses of any kind made, suffered or incurred, in any manner, by reason or in consequence of or arising from, or connected with the use and occupation of any street, avenue, alley, or public ground in said City, or resulting from the excavating of any street, alley or pub- lic ground, or anv material therein, or any work therein, or from the use, effect or explosion of gas in any of the mains or pipes after the same are laid, or by any other reason connected with the operating thereof, and in case the City shall be compelled to pay any person or pesons, cor- poration or co-partnership for any loss, injury or damages to any person of property, caused by said gas or the operation of said gas plant, the same shall be fully paid or re-imbursed to the City by said The Citizen’s Gas, Light and Heating Company, its successors or assigns, with all costs and expenses connected therewith or arising therefrom. Sec. 8 . Before said The Citizen’s Gas, Light and Heating Com- pany, its successors or assigns, shall avail himself, or themselves, of the provisions of this ordinance he shall file with the City Clerk written ac- ceptance of all of the terms, provisions, restrictions, requirements and regulations of this ordinance, which said acceptance shall be filed by said The Citizen’s Gas, Light and Heating* Company, its successors or assigns, immediately upon the completion of the purchase of said The Citizen’s Gas, Light and Heating Company, its successors or assigns, of the Natural Gas Plant now owned by the said City, and a failure to so file said acceptance, as herein provided, shall render this ordinance null and void and no effect. Sec. 9. The violation by the said The Citizen’s Gas, Light and Heating Company, its successors or assigns or any of the terms of this ordinance or any of the terms or conditions of the written proposition of William R. Cutter as presented to the Board of Trustees of Gas Works of said City, and by them modified on November 3rd, 1898, and ex- cepted as modifiers, for the purchase of the Natural Gas Plant now owned by the City of P'indlay, Ohio, shall work a forfeiture of all rights of the said The Citizen’s Gas, Light and Heating Company, its successors or assigns, under the terms of this ordinance, and all of the rights herein granted shall then terminate at the option of the city of Findlay, Ohio. Sec. 10. That the ordinance entitled ‘And ordinance grantingto The Citizen’s Gas, Light and Heating Company, its successors or assigns. CoDiFiKi) Ordinances oe the City oe Findlay 117 the privilci^e of laving', constructing and maintaining pi])es in the streets, alleys, public places and grounds of the City of Findlay, Ohio, for the purpose of conveying and supplying Natural and Artificial Gas for fuel and lights to said City and the inhabitants thereof, and fixing the price to be charged for natunral Gas,” passed December 19th, 1898, be and the same is hereby repealed. Sec. II. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed February 20th, 1899. — Vol, C, Page 15. AX ORDIXAXCB. Granting the Logan Na.tural Gas and Fuel Company, a corporation duly organized under the Laws of the State of Ohio, its successors and assigns, the right to lay, maintain, operate, repair and remove mains and pipes in, through and 'under the streets, alleys and public grounds of the City of Findlay, Ohio, for the transportation and supply of natural or manufactured gas for fuel, heating and power purposes to the said City and its inhabitants, and fixing the price at which said gas shall be furn- ished for the period of ten ( 10) years. Be it ordained bv the Council of the City of Findlay, State of Ohio. Sec. I. That the Logan Natural Gas and Fuel Company, its suc- cessors and -assigns, be, and they are hereby granted the right to enter upon the streets, alleys and public grounds of the City of Findlay, Ohio, to dig trenches and lay and hury therein, and to maintain, operate and repair mains and pipes, of such sizes as the said Company may require, for the transportation and supply of natural gas to the said City and inhabitants thereof for fuel, heating and power purposes only, together with the right to construct, maintain and repair'all necessary regulators, valves, curb-boxes, safety appliances and other appurtenances. Sec. 2. That all the work done in and upon any of the alleys or streets of the said City of Findlay, hereunder, shall be done to the satisfaction of the City Civil Engineer and the Board of Public Service, a plan of the lines proposed showing in what part of the streets said lines are to be laid, which plan shall be subject to the approval of said Board. All trenches and ditches shall be dug, pipes laid therein and trench- es and ditches closed in the shortest possible time within which the same can be done with skillfulness and safety. All such work shall be done so as to interfere as little as possible with the public use and travel over such alleys and streets. All the service pipe to the curb and curb boxes shall be put in at the expense of said company, and said com- pany shall furnish and set a meter free of charge to each consumer of gas. All pipes and curb boxes shall be laid with reference to the estab- lished grade of the streets or alleys through which the same may be placed, unless permission to depart from said grade be granted by the City Civil Engineer and the Board of Public Service and in case the grade of the alley or alleys or street shall be hereafter changed, said company, its successors and assigns, shall cause its pipes to be relaid ii8 CoDii'ii;!) Ordinances oe the City oe Findlay in conformity with such chanp^e of ^radc at its own expense and shall not he entitled to any com])ensation or damaji^e by reason of such change of grade, d'he main or mains and pipe or pipes of said company, its successors and assigns, shall he so laid as not to interfere in any way with any sewer, gas or water pipes, or the pipes of any other person, l)ersoiis, company or corporation now owning or operating, or which may hereafter own or oj^erate any system of pipes or mains for the* trans])ortation or mains for the transportation or distribution of natural or manufactured gas in said City, or the operation of any street railway, therein, or the pipes and conduits of any other person, persons, company or cor])oration lawfully laid in said alley or streets in said city, and whenever the City of Findlay shall determine to lay any sewer, water or other ])i])e in any alley or street occupied by the pipes of said com- pany, its successors or assigns, or to change the location of the pipes and mains of said The Logan Natural Gas and Fuel Company, its suc- cessors and assigns, shall, at its own expense, lower, elevate, change or locate its said pipes or mains so as not to interfere with such sewer, gas, water or other pipes. There shall he no unnecessary or permanent obstruction of said alleys or streets. When said mains or pipes are laid in the streets of said City, they shall be laid between the curb and the sidewalk in the parking, where it is practicable and possible, and therein where the City Civil Engineer and the Board of Public Service shall direct. If, however, in the opinion of the City Civil Engineer and the Board of Public Service, it is impracticable to lay such pipes or mains between the curbing and the sidewalk, the same shall be laid in the street or alley, and if it be a paved street, then at such place in the street or alley as may be directed b}/" the City Civil Engineer and the Board of Public Service. Said company, its successors and assigns, shall in no event, without written consent of the City Civil Engineer and the Board of Public Service, in laying its pipes in any of the paved streets, cross such streets excepting at street intersections. This provision applies to mains ; and no service shall he laid across a paved street. The said. The Logan Natural Gas and Fuel Company, its successors and assigns, shall carefully guard and ])rotect all the alleys and streets entered and open- ed, so as to prevent injury to person or property, while said work is being prosecuted and said alleys or streets shall be returned as nearly as possible to their former condition of usefullness, without delay and it shall be done subject to the approval of the City Civil Engineer and the Board of Public Service. Sec. 3- The said. The Logan Natural Gas and Fuel Company, its successors and assigns, shall do all the refilling, puddling, paving and repaving made necessary by reason of the construction, operation, abandonment or repair of the mains or pipes iif, through and under the alley or streets of said City, under the direction and to the satisfaction of the City Civil Engineer and the Board of Public Service. In case the said company, its successors and assigns shall fail to refill any exca- vation made by it in the construction, operation or ahandonment of its line or lines, or other appurtenances, on any of the alleys or streets, or shall fail or neglect to make any repairs that may he necessary by rea- son of the construction, operation or ahandonment of its said line or lines, or to restore any street or alley to its former condition of useful- C(U)ii'iKD Ordinances oi- the City oe Findlay iig ness, the said City Civil Engineer of Findlay, Ohio, may, after ten ( lo) days notice to said company, its successors and assigns, at its office in Findlay, Ohio, do such work and make such repairs as may be deemed necessary, and the necessit}' of the same to be determined by the City Civil Engineer, and the cost and expense of the same shall be paid to the said City by the said, The Logan Natural Gas and Fuel Company, its successors and assigns, within ten (lo) days from the date of the presentation of said bill. L^pon failure of said Company to pay such bill, the City Civil Engineer shall cause the same to be certified to the County Auditor to be by him placed on the tax duplicate against said company, its successors and assigns, for collection. In the construction, maintenance, operation, abandonment and repair of any of said mains, pipes or line. The Logan Natural Gas and Fuel Company, its suc- cessors and assigns, shall comply with all regulations existing, or which may hereafter be made by said city, and shall be liable for any damage that may arise by reason of the failure or neglect of said company, its successors or assigns, to comply with such regulations, and to save and keep the City of Findlay, free and harmless from any and all claims and damages by reason of said failure and neglect. Sec. 4. The said. The Logan Natural Gas and Fuel Company, its successors and assigns, shall idemnify the City of Findlay, Ohio, and inhabitants thereof, from and protect and save them free and harmless against all damages, losses, costs and expenses arising from any accident or explosion including* damages due to high or low pressure during the construction, operation and maintenance or abandonment of said system of pipes, arising from or caused by the fault or negligence of said, The Logan Natural Gas and Fuel Company, its successors and assigns. The said. The Logan Natural Gas and Fuel Company, its successors and as- signs, shall further fully protect, idemnify and save harmless the said City of Findlay from any and all claims, damages, losses, costs, charges and expenses of every kind and nature made, suffered or incurred in any manner by reason of or connected with the use and occupation of said alleys and streets, or residting from the excavation of any of such alleys or streets, or any material therein, or from the use, effect or ex- plosion of gas of any of the mains or oipes so laid, or by any reason connected with the operation thereof, or if any costs or expenses shall be incurred by said City, by reason of the abandonment of pipes or fixtures of any kind, and in case said City shall be compelled to pay any person, persons, company or corporation for any loss, injury or damage to per- sons or propertv as aforesaid, the same shall be fully paid or reimbursed to said City with all the costs and expenses connected therewith or arising therefrom, and the same shall be binding upon said company, its successors and assigns, shall hold the Citv of Findlay, free and harmless from payment of any judgment rendered or claims described herein. Sec. 5. If the said. The Logan Natural Gas and Fuel Company, its successors and assigns, fail, neglect or refuse to supply natural gas as herein provided, within four (4) months after the acceptance of this ordinance, or to begin the work of laying pipe hereunder within the time specified herein, or to lay the amount of pipe herein agreed to be laid before January, 1904, the right, privilege and franchise hereby granted. 120 C()i)iFiKn Ordinances of the City of Findlay sliall 1)C forfeited, and tlie same shall become null and void at the option of the Council of the City of Findlay. Si'.c. C\ The said, The Lo^an Natural Gas and Fuel Company, its successors and assii2:ns, shall for a ])eriod of ten (lo) years after the passage and acceptance of this ordinance be entitled to charg-e for such i^as furnished to the said City and the inhabitants thereof, not more tlian thirtv-three (33) cents per thousand cubic feet for natural g-as for ihe first four years, and not more than thirty-nine (39) cents for the succeeding six years, suliject to a discount of three (3)cents per thou- sand cul)ic feet from the same if paid within ten (10) days after it be- comes due, at the office of the said company ; provided, however, that said Company, its successors and assigns may charge a minumun rate of twenty-five (25) cents per month for service; said minimum rate to be deducted from monthly gas bills when the same are in excess of twenty-five ( 25 ) cents, and which shall be the only charge when gas bill is for less amount. Sec. 7. The said. The Logan Natural Gas and Fuel Company shall begin laying pipe in the City of Findlay, Ohio, within sixty (60) days after the acce])tance of this ordinance ; and shall have laid not less than ten (10) miles of pipe in said Citv before Januarv i, 1904, and shall have laid a pipe line not less than ten (10) inches in diameter to said City of Findlay from present main supplying Tiffin and Fostoria, before November i, 1903. Sec. 8. The said, the City Council of Findlay, Ohio, hereby ex- pressly reserves to itself the right to grant the right through, in, under and upon the said-alleys and streets of said City for the laying and main- tenance and use of pipe and mains of anv other person, persons, com- pany or corporation for a similar or other purpose and the granting of similar right to any other person, persons, company or corporation. Sec. 9. The said. The Logan Natural Gas and Fuel Company, its successors and assigns, shall during the life of this franchise pay to said City the sum of Three Ffundred Dollars in cash on the ist day of July of each year after the acceptance of this ordinance by said Com- pany. Sec. 10. The said. The Logan Natural Gas and Fuel Company, its successors, and assigns, shall within (30) days after the passage of this ordinance, file with the Clerk of the Council of said City its written ac- ceptance over its corporate seal, of the terms and provisions of this ordinance, and shall also file at the same time a good and sufficient bond in the sum of Ten Thousand (810,000) Dollars, to be kept constantly on file during the life of this franchise with said clerk, to be signed by some Indemnity Company, to be approved by the City Council, and con- ditioned upon the faithful performance of the terms, conditions, and obligations of this ordinance ; and a failure to so keep such bond on file shall work a forfeiture of this franchise at the option of the City Coun- cil. Sec. II. This ordinance shall take effect and be in force from and after its passage and legal publication, and the acceptance of the same by the said. The Logan Natural Gas and Fuel Company, its successors Codified Ordinances of the City of Findlay I2I and assii^ns, as herein provided, and tlie filing with the said Clerk of the bond as set out herein, and the payment of the costs of publication. Passed June 22, 1903 ; Approved July i, 1903. — Vol. C, Page 290. AN ORDINANCE. To ^rant to the Hancock Light and Power Company, the privilege to use the streets, alleys highways and public grounds of the City of Findlay, to transmit electricity to the citizens of said city, for heat, light and power for public and private use and consumption. Sec. I. Be it ordained by the Council of the City of Findlay, that permission and privilege be, and hereby is, given and granted to the Hancock Light and Power Company, a corporation duly incorporated and organize under the laws of Ohio, its successors and assigns, to use and occupy the streets, alleys, avenues and public ways in said City for conveving and transmiting electricity for light, heat and power to the inhabitants of said City, and for private and public uses and consumpt- ion either by placing poles upon and along said streets, alleys and ave- nues, and stringing wires along and upon the same or by underground wires. Sec. 2. If poles are used the same shall be not less than 20 feet in height above ground, placed at such points as the Board of Improve- ments shall direct, and under their supervision. All poles shall be securely planted, of symmetrical shape and pointed ; they shall be so planted and all wires stretched, maintained and operated in a safe and proper manner, and as not to interfere with or obstruct public conven- ience or travel, or any public or private right ; and the City shall have the right to use said poles for police and fire alarm purposes whenever by the Council deemed necessary for the public welfare. Sec. 3. The operation of circuits erected hereunder shall not in- terfere indirectlv or otherwise with other wires and distance of at least four feet shall be maintained wherever practical. Sec. 4. This grant shall not continue or endure to said grantees or assigns as a vested franchise for a term longer than twenty-five years from the date of the enactment of this ordinance and during said term, said grantee and assigns shall operate its plan, in a safe and careful manner, and all machinerv and materials used shall be the best of its kind. vSec. 5. Ibis ordinance shall take efifect and be in force from and after ten days after its first publication. Passed February 29, 1892. — Vol. B, Page 238. FRANCHISE PIN OLAY PIPE LINE CO., TO LAY PIPE. An ordinance to grant to the Findlay Pipe Line company permis- sion to use certain streets and alleys therein designated within the Vil- lage of Findlay for transmitting petroleum. (Passed April 30, 1886.) 122 CnniKiKi) Ordinances of the City of Findlay Se('. I. IF it ordained l)v the Council of tlie Village of Findlay that l)ennission he and the same hereby is granted to the Findlay Pipe Line coin])any Kj lay a line or lines of pipe under, along and across Liberty stn'ct in said Village and such streets and alleys west of Liberty street and soutli of ILm street as are not macadamized or improved, for the sole and exclusive ])urpose of transmitting petroleum only and no other substance from any and all oil wells in Hancock County, Ohio, to the tank or tanks of said company at or near Findlay and not elsewhere, and from such tank or tanks to the depots or other shipping points of all • railroads within said village for shipment, including also the privilege to cross anv macademized street where necessary to reach said tanks or l)lace of shipment ; provided however and the above grant is so made up- on the terms and conditions following to-wit ; That in making excava- tions for and in laying such pipes and transmitting oil, the said grantees shall not hinder, obstruct or interfere with public convenience or travel or any public or private right. That in laying such pipes all streets and alleys along or wlierein such excavations are made, shall be at once restored to the same condition as before such excavation, and the exca- vation be filled and the earth thoroughly packed and tamped as the work progresses. That all openings and excavations shall be securely guarded so as to prevent accident and injuries. That said grantees shall be liable for all injuries and damage arising or resulting from the laying of such pipes or transmission of oil and from the acts of its of- ficers, servants, agents and employees. That said Grantee shall not transmit through such pipes nor along, under or across any street, alley or public ground within said Village nor from said Village, any natural gas or other substance other than petroleum, but the same is hereby pro- hibited, and such violation of the terms of this grant shall be and operate as a forfeiture of all the franchises and privileges hereby granted, and the Village may by ordinance repeal this ordinance and bv ordinance prohibit all acts thereunder. That the tanks if located within the in- corporate limits of the Village be located at such point or points as shall meet with the consent and approval of the Council and pot elsewhere, and such approval shall be obtained before such tanks are located and erected. FRANCHISE TO BUCKEYE PIPE LINE CO. An ordinance to grant to the Buckeye Pipe Line Company permis- sion to use certain streets and alleys therein designated within the village of Findlay for transmitting petroleum, oil and water. (Passed July 23, 1886,) Sec. I. Be it ordained by the Council of the Village of Findlay tha^ permission be and the same hereby is granted to the Buckeye Pipe Line Company to lav a line or lines of pipe under, over or along such streets and alleys as lie west of a line parallel with the west line of Western street and south of Elm street as are not macadamized or improved and such other north of the IFanchard river west of Cory street as are not macadamized or improved for the sole and exclusive ])urpose of trans- 0)DiFiTcn Ordinances oe the City oe Findlay 123 mitting' petrolenni oil and water and no other snl)stance from any and all oil wells in Hancock County, Ohio to the tank or tanks of said com- pany at or near Findlay and not elsewhere; provided however, and the above g'rant is made upon the terms and conditions following to-wit : That in making excavations for and in laying such pipes and trans- mitting oil or water the said grantee shall not hinder, obstruct or ir;- terefere with public convenience or travel or any public or private righ^. That in laying such pipes all streets and alleys along or where ex- cavations are made shall be at once restored to the same condition as before and such excavations refilled and the earth thoroughly packed and tamped as the work progresses. That all openings and excavations shall be securely guard'ed so as to prevent accidents and injuries. That said grantee shall be liable for all injuries and damages aris- ing or resulting from the laying of such pipes or transmission of petrol- eum oil and water, from the acts of its officers, servants, agents or em- ployees. That said grantee shall not transmit through such pipes nor along, under, across or over any street, alley or public grounds within said vil- lage by authoritv of this ordinance or otherwise any natural gas or other substance through such pipes other than petroleum oil and water; but the transfer of any other substance through such pipes other than petrol- eum oil and water is hereby prohibited and the transmission through such pipes of any other substance shall be considered a violation of the terms of this grant and operate as a forfeiture of all the franchises and privileges hereby granted and then the said Village may by ordinance repeal this ordinance and by ordinace prohibit all acts thereunder. That the tanks, if located within the corporate limits, of the vil- lage, be located at such point or points as shall meet with the consent and approval of the Council and not eleswhere and such approval shall be obtained before such tanks are located and erected. AN' ORDINANCE. To grant permission to use the streets and alleys of Findlay, Ohio, for the purpose of laying pipes for a steam and hot water plant and to supply steam and hot water for public and private consumption. Be it ordained by the Council of the City of Findlay, Ohio : Sec. I. That T. H. McConica, his associates and assigns, is here- by granted the right to lay pipes with necessary fixtures and appliances thereto, and to construct valve boxes in the streets, alleys and public way of said City for the purpose of supplying and furnishing heat by hot water and steam to public and private buildings and to manufacturers and other users of heat within the City of Findlay, Ohio, and with such purpose in view there is hereby granted to the said T. H. McConica and his associates and assigns, the right to make such exca- vations upon the unpaved streets, alleys and public ways of the City eff Findlay, and upon such paved streets of the said City as the Board of 124 CoDii'iKD Ordinances or the City oe Findlay Im])rovcincnts may desij^nate for the purpose of laying pipes and to make the necessary repairs and extensions. Sec. 2. While the said heating plant is in process of construction and (hiring the maintenance thereof, there shall be no unnecessary and unreasonable obstruction or excavation of any street, alley or public way of said Cit\', and the grantee, his successors and assigns, are hereby re- el nired without unreasonable delay to replace the earth and other sub- stances removed in making -such excavation. And in laying such pipes and in constructing the valve boxes, herein provided for and in con- structing or maintaining and operating the said heating plant, the grantee, his associates, successors and assigns, shall in no way interfere with or change the existing pipes or mains of any other company or corporation occupying or using'saidistreet, without the written consent of such com]:)any or corporation, and no public sewer or water course shall be interfered with, without making full reparation therefore, and if the City shall, during the existence of this franchise, build any sewer the said grantee, his successors and assigns, shall make necessary changes in their pipes to accommodate the City in constructing the same. All sidewalks, crossings, gutters and pavements or any public street, allev or way that may be disturbed in the construction, maintainence cr abaiid_ onment of said plant shall be fully restored and replaced in as good con- dition as before excavation or disturbance began, at the expense of said grantee, his associates and assigns, and if grantee, his successors and assigns refuse or neglect to repair any defect in any street, alley or crossing which was caused by them, within five days after said City notifies them of such defects, then this franchise shall be forfeited by said grantee, his successors and assigns. And the said grantee, his successors and assigns shall execute to the said City of Findlay, Ohio, a good and sufficient bond in the sum of Five Thousand ($5,000.00) Dollars conditioned upon this ordinance, that no operations shall be commenced under this ordinance until such bond has been given, approved and accepted by the City Council, and if said bond is not so filed within ninety days from the passage hereof, then this grant or franchise shall be null and void. Sec. 3. Said grantee, his associates and assigns shall be responsible to, 'and shall save said City harmless from any claims, damages or suits or judgments or decrees resulting from or incurred in the construction, operation, abandonment or repair of said heating ])lant and shall settle and pay all costs, demands or attorney’s fees which may result there- from without cost to said City of Findlay. Sec. 4. That the franchise or privilege herein granted shall be for a term of twenty-five years, unless forfeited by some of the jirovisions of this ordinance ; and as a consideration therefore, the grantee, his successors and assigns, shall furnish sufficient heat for the City Hall (hereafter to be erected) without cost to said City during the whole time that the plant is in operation and the ordinance is in force. That the prices charged for heat under this franchise shall be uni- form as far as possible. That this franchise shall not be forfeited by any temporary failure to furnish heat, which mav result from breakage (if ])ii^es or from any derangement of the said system, provided that repairs are made within a reasonable time. Comimci) Ordinances of tiif City of Findlay 125 Sfc. 5. That the said grantee, his successors and assigns, shall un- der this franchise begin to construct a heating ])lant as herein provided within ninety (<^jo) days, and have the same in operation within twelve (12) months after the passage of this ordinance or the same shall be void and of no effect ; and after said plant is in operation a failure to furnish heat under this franchise for a longer period than sixty (60) days at any time, between the first day of October and the first day of June will be considered an abandonment of this franchise and the same shall be null and void. That said grantee shall have thirty (30) days after the passage of this ordinance to file with the City Clerk his written acceptance of the same. Sec. 6. That this ordinance shall take effect and be in force from and after its passage and publication according to law. Passed June 17, 1901 . — FoL C, Page 162. AN ORDINANCE. To grant to Charles Smith, his successors and assigns, the use of streets, avenues, alleys, lanes and public places in the City of Findlay, Ohio, to lay the pipe and drains under the surface thereof to be used for the purpose of supplying the inhabitants of said city with hot water or other improved article that may come into vogue and for furnishing said inhabitants with heat thereby. Sec. I. Be it ordained by the Council of the City of Findlay that subject to the terms and conditions hereinafter imposed, permission be and is hereby given to Charles F. Smith, his associates, successors and assigns, but for a term not longer than twenty-five (25) years, from the passage thereof to use the streets, avenues, alleys, lanes and public places within said City to lay pipes and drains under the surface thereof to be used for the purpose of supplying and transmitting to the in- habitants of said City and to the houses of the inhabitants and the public buildings of the City where desired, hot water, or such other improved power for furnishing heat as may come into vogue for the heating of such public and private buildings and supplying such hot water to the inhabitants for public and private use. Sec. 2. All excavations shall be made under the inspection and with the approval of the Board of Improvements. All pipes laid shall be so laid and constructed as not to interfere with the lines or pipes of any other company or corporation or of the City of Findlay. In all cases pipe of the best quality and material shall be used and all work, labor and material shall be of first class quality and done in a good, workmanlike manner, satisfactory to the said Board of Improvements. In all cases as far as possible, and subject to the approval of the Board of Improvements, pipes shall be laid along the unpaved streets and alleys, but in all cases whatever excavations are made and pipes laid therein the trench so made shall be thoroughly flushed, tamped and the earth packed and the place where the excavation is made and the sur- face shall be restored and maintained in the same condition it was be- fore the excavation was made ; and in all cases where said pipes are 126 CoDiFiKi) Ordinances. OF the City of Findlay laid or excavations made, alon^ or across any paved street the earth and macadamized stone shall he filled in and thoroug'hly flushed and tamped and the street and paving- restored to the same condition it was before the excavation and to the approval and the acceptance of the Board of Im])r(jvements and City Engineer. Sec. 3. Be it ordained fnrtlior that while said pipes are being laid and the heating ])lant constructed, there shall be no obstruction nor de- lay in refilling the trenches made as soon as the pipes are laid, unless made necessary by unavoidable circumstances over which the grantee, his successors or assigns, would have no control, but all earth excavated shall be returned as above provided without any reasonable or unneces- sary delay and no obstruction to public travel shall be permitted further than rendered necessary by the laying of the pipe and all sidewalks, crossings, gutter and pavements or any public streets, alley or way that mav be disturbed by the construction, maintenance or abandonment of said heating plant, or the excavation for the laying' of pipe shall be fully restored and replaced in as good condition as before the excavation or disturbance began, by the said grantee, his successors and assigns, and in the default thereof the same may be done by the City at the expense of the grantee, his successors and assigns, and to save the city harmless the said grantee, his successors and assigns, before commencing work or doing any excavation for the laying of pipe shall file with the Clerk of the City of Findlay his bond in the sum of Five Thousand Dollars with good and sufficient surety to the aceptance of the City Council, con- ditioned that the said grantee shall comply with all the conditions of this section and restore said streets, alleys and public grounds to the condi- tion they were in before any excavation was made and save the said City free and harmless from any and all liability caused by any act or negligence upon the part of grantee, his successors or assigns, or their servants, agents, or employees. Sec. 4. As a consideration for this franchise said Chas. F. Smith grantee aforesaid, his successors and assigns, shall pay to the City of Findlay annually a sum of money equal to two per cent (2%) of the gross earnings of said heating plant. The prices charged for heat un- der this franchise shall be uniform as far as possible. This franchise shall not be forfeited by any temporary failure to furnish heat which may result from breakage of pipe or from temporary derangement of the heating system provided that repairs are made within a reasonable time. Sec. 5. The said grantee, his successors and assigns shall com- mence the construction of said plant within ninety days from the passage of this ordinance and have the same constructed and in o])eration supply- ing hot water, or its equivalent to the inhabitants of the City of Findlay for heating purposes within one year from the time operations are com_ menced. Sicc. 6. d'his ordinance shall take effect and be in force from and after the ex])iration of ten days after its first publication. .Passed July 22, A. D. 1901 . — VoL C, Page 172. Codified Ordinances of the City of Findlay 127 AN ORDINANCE. GrantliiiT to the Findlay & Southern Railway, its successors and. assii^'iis, the right to occupy certain streets in the City of Findlay, Ohio. Sec. I. Be it ordained hy the Council of the City of Findlay, Ohio that the Findlay & Southern Railway Company, its successors and as- sigs be and the same are hereby granted the right to enter upon West street in the City, beginning at the South Corporation line and extend- ing north to the south side of Washington street, and to locate, con- struct and operate therein along the entire length of said street, or so much thereof as may be necessary by said Railway Co.. for the main- tenance of a single track with necessary switches,, turnouts and spurs and the right to erect poles and supports for wires, and hang and main- tain all necessary wires and feed wires and appliances for the opera- tion and maintenance of street railways, but no such swdtch, spur, turn- out, etc., shall be constructed and placed in any street without first having obtained the consent of the City Council in the ’natter of the location of the same. Sec. 2. Such Railroad shall be operated only by electricity as a motive powder, or such other inanimate power, other than steam as may come into general effect and successful use for such purposes. Sec. 3. The track of said railroad shall he laid along the center line of said West street, and said track switches, turnouts and spurs, etc., shall be laid to the present grade of said West street, and if at any time the Council of said City of Findlay shall deem it necessary to establish or change the grade of said street, it shall have the right to do so, and shall not in any w^ay be liable in damages to said grantee, its successors and assigns, by reason of such establishment or change and said grantee, its successors or assigns, hereby agree to raise or lower its tracks to conform wdth the grade of said street, if any change should be made within thirty days after receiving a notice so to do. Sec. 4. All ties shall be sunk below the surface of the street, so that wdien the rails are laid, the top surface thereof shall be even with the surface of the street. All poles and supports for wares shall be located subject to the approval of the Board of Improvements of said City, and shall not be set in front of any driveway or gateway of any property owner but wdiere practicable shall be set on dividing line of property, and in the setting of said poles, they shall be set on the curb line to the satisfaction of the Board of Improvements. Sec. 5. Said grantee, his successors or assigns shall constantly keep in good repair, the space between their tracks and one foot ad- ditional on the outer side of the rail, and when said street shall be paved or otherwise improved by macadam or otherwise, said grantee, its suc- cessors or assigns, shall have to pave the space betw^een such track, swdtch, turnout, etc. and one foot additional on the outer side of each rail with the same material and in the same manner as the rest of the street, and shall thereafter maintain the same in good condition to the approval of the Council, and a failure to do so, after a service of notice of the passage of the necessary resolution by the Council, providing for such improvement, the City may cause the same to be done at the ex- pense of the said Findlay & Southern Railway Company, its successors 128 CoDii'iKi) Ordinances of the City of Findlay and assi^rns. and said City may certify the cost of said improvement to ilie County /Viiditor to lie ])laced on the tax duplicate and collected as other taxes, and said ex])enses shall constitute a lien and charg-e upon the j)roperty, and franchise of said grantee, its successors or assig’iis, as in other municipal improvements. Sr:c. 6. On all streets where sidewalks or pavements are disturbed in the construction of said railroad and its appurtenance, the said j^Tantee, its successors or assip^’us, shall properly relay with the same kind of material, and shall restore said pavements or crossings in as good condition as they were in before said disturbance and where any jiaved streets are crossed which shall have been laid in concrete, the same shall be relaid in concrete in the same manner as the original, sub- ject to approval of the liloard of Improvements of said City. vSec. 7. The entire work of the construction of said railroad shall be under the direction and supervision of the City Civil Engineer, as far as relates to or affects the condition of the streets and alley cross- ings and public Avays of said City of Findlay, Ohio, and in all streets, the streets shall be put in good condition as fast as the tracks are laid and not more than one thousand feet of said street shall be torn out at any one time and no pavement shall be opened until notice has been given to the City Civil Engineer. Sec. 8. The City shall haA^e the right at any time Avithout any liabilities to said Findlay & Southern Railway Company, to construct conduits and sewers, relay or repair gas, sewer and Avater pipes, mains, etc., in any of the said streets under said railway company's tracks, so authorized to be constructed at least twenty-four hours notice to be given by said City to said Raihvay of its intention so to do. Sec. 9. Said Raihvay Company, its successors or assigns, shall at all times hereafter indemnify and save harmless said City from any and all claims for damages to persons, or property on account of the con- struction, maintenance of said railway in or across said streets. Sec. 10. No cars shall be run upon said Railroad within said City from Tima street to the north end of said road at a greater rate of speed than six miles per hour and on other portions of said road Avithin the corporate limits of said City at a greater rate of speed than fifteen miles per hour. Sec. II. Said grantee, its successors or assigns, shall commence the construction of said railroad within one year from the passage of this ordinance and shall have the same completed and in operation, south to the corporate limits of said City within tAvo years from the passage of this ordinance and in default thereof this ordinance shall become null and A^oid and be of no effect, and all rights herein granted shall he forfeited by reason of such failure, unless such time is extended by ordinance passed by the Council of the City of Findlay at least sixty days prior to the expiration of such limitation. Sec. 12. The grants herein made slrall take effect and constitute a franchise between said City of Findlay and said Grantee, its succes- sors or assigns, as soon as it or they shall file Avith the City Clerk its or their Avritten acceptance of the terms, conditions, stipulations and agree- ments herein contained, Avhich acceptance shall he filed within thirty days from the passage hereof, and shall he recorded by the City Clerk and Conii'iKD Ordinances oe the City oe Findlay 129 in case such written acceptance shall not be filed within thirty days from the passage thereof, then all rights hereunder granted shall be forfeited at the 0]ition of the City Council. Sec. 13. Said Findlay & Southern Railway Company shall keep and maintain lights at streets crossings of the same kind and class as are used by the City of Findlay, for street lighting and said lights shall be fninished by said City of Findlay to said Railway Company at the same price as is paid by said City of Findlay for lighting of streets, said lights to be located by said Council of City of Findlay at such crossings as the Board of Improvements may deem necessary and said railroad company shall pay to the City of Findlay, in monthly instalB ments all bills accruing for the maintenance of lights at said street crossings. Sec. 14. It is hereby agreed by said Findlay & Southern Railway Company witli the City of Findlay, that for the privileges hereby grant- ed, if said Findlay & Southern Railway Company shall consolidate with an other Electric railway within the limits of the City of Findlay, Ohio, said Findlay & Southern Railway Company or the Consolidated Com- pany shall give transfers to passengers over all lines and roads owned by said Findlay & Southern Railway or Consolidated Company, and that one fare as charged by Findlay & Southern Company, shall be sufficient fare for the transportation of passengers over all other lines owned by said Findlay & Southern Railway or consolidated company within limits of the City of Findlay, Ohio. Sec. 15. This ordinance shall take effect and be in force from and after its passage and publication according to law. Passed July 29, 1901 . — VoL C, Page 175. AN ORDINANCE. To grant to The Findlay & Marion Electric Railway Company and their successors and assigns permission to construct, operate and main- tain a street railroad within and beyond the corporate limits of the Cit^ of Findlay, Ohio. Be it ordained by the Council of the City of Findlay, Ohio. Sec. I. That subject to the terms, conditions, provisions, stipula- tions and limitations hereinafter set forth permission is hereby granted to the Findlay & Marion Electric Railway Company, their successors and assigns, to construct, operate and maintain for a period of twenty- five years from the acceptance of this franchise, with the corporate limits of the City of Findlav, a street railway as part of an interurban railroad line between the City of Findlay and the City of Marion by the way of the Village of Carey over and upon the following streets in the City of Findlay to-wit : Over Main Cross street from Main stree to the intersection of McMannus avenvie, over McMannus avenue from Main Cross street to Center street, over Bellevue street from its western terminus to the eastern corporate line of the City. Sec. 2. Said grantees shall have the right to construct, operate and maintain all necessary sidetracks, switches, spurs, turntables, turnouts 130 Conii'niD (juDiNANCES OE THE City of Findlay and stations and to erect poles, hanir and maintain all necessary wires, feed wires and all a])])liances necessary for the operation of such rail- road, and ail such appliances shall be located subject to approval of the City Council. Sec. 3. This grant is made subject to all the terms, conditions, limitations, rec|uiremcnts and provisions of the General ordinance of the City of Findlay, passed May 3, 1S87, entitled, “An Ordinance to establish Street Railway Routes within the village of Findlay” except in so far as said ordinance may be modified by the terms of this ordinance. Sec. 4. The main track of said railroad shall be laid on the center line of said East Main Cross street from Main street to the east side of the right of way line of the T. & O. C. R. R. and from thence on the south side of said street to the eastside of the Lye Creek and from thence on the north side of said Main Cross street to McMannus ave- nue and on McMannus Avenue the track shall be laid on the center line of said street to Bellevue street and said track shall be laid on the cen- ter line of B)ellevue street. The said. The Findlay & Marion Railway Company are hereby required to construct and keep in repair the neces- sary bridges across Eagle Creek, Lye Creek and the Blanchard river in the City of Pdndlay, Ohio, and shall not be permitted to use any bridges heretofore constructed by the City of Findlay or which may hereafter be constructed by said City. The track, sidetrack, spurs, turnouts and all appurtenances and appliances thereto shall be so laid, constructed and operated as not to unnecessarily interfere with or injure the use of said streets for public travel. Sec. 5. Said grantees shall keep that portion of said streets lying between the rails of the tracks of said railroad in good condition and repair, and if the City shall hereafter declare the necessity of repairing or otherwise improving said streets over which said road may be con- structed, said grantees shall at their own cost improve that part of said streets lying between the rails of the track and one foot additional on each side of said railroad at the same time and in the same manner, ^and with the same character of ipaterials as the balance of said street my be improved, and in default of so doing by the grantees on notice, The Citv of Findlay may cause the- same to be done at the cost and ex- pense of the grantees, and recover the cost and expense of such im- provements from said grantees by suit at law or by the usual assess- ments against the said property of grantees as in other cases. Sec. 6 . The poles upon which the wires and appliances used in the operation of said railroad are attached shall be placed along the sidewalk space next to the curb, and so placed as not to interfere with the sewers, or sewer pipes, water pipes, gas pipes, or projier drainage of said streets, they shall be of either metal or wood, and if of wood, tehy shall be straight, smooth and of presentable appearance, and shall be painted; and all poles and wires shall be so constructed, operated and maintained as to cause no serious or unnecessarv interference with the telephone or telegraph lines nor with the Fire or Police alarms, nor v.dth the service or use of the same. Sec. 7. Said grantees shall run cars upon said track daily, at least one car each hour between six 6:00 a. m. and ten 10:00 p. m. and as Codified Ordinances of the City of Findlay 13 i niDch oflcner as the public interest, convenience or necessity may re- quire. vSec. 8. Said grantees shall not tear up nor remove any paving or macadam on any street, or make any excavation on any street, without first notifying the Council or Ijoard of Improvements of their intention so to do, and the City Council or Board of Improvements, if the Coun- cil be not in session, may appoint a suitable person to oversee such work, who shall require all paving or macadam so removed to be properly re- placed, and require that all streets so disturbed be restored to as good condition as it was in before such disturbance, and the cost of employ- ing such person shall be paid by grantees. Sec. 9. Cars shall not be run upon said road within the corporate limits of the City at a speed greater than ten miles per hour, and the Council may by ordinance, regulate the speed at which cars may run as the public safety may require. Sec. 10. The work of construction of said railroad within the City limits shall be done under the supervision of the Board of Im- provements 111 so far as the same relates to the condition of the streets, street and alley crossing and public ways in said City, and in the laying of tracks the street must be put in as good condition for use without de- la}' as before disturbance and not more than 1,000 feet shall be torn up at one time. Sec. II. The gauge shall be the same as the other tracks in the city now are, and the material all be of the best quality and the rails not less than seventy pounds per yard in weight and on Main Cross street to T. & O. C. R. R. seventy pounds Shanghi section and laid on ties not more than two feet apart, and all streets, alley and road cross- ings to be so constructed as to be easily passed over by vehicles, at all seasons of the year, and the ties so buried that the top of the rails shall be on a level with the street grade. Sec. 12. The grade of said railroad shall conform to the present grade of the street, and if at any time it becomes necessary to establish or change the grade of any street, the City of Findlay shall not be liable for any damage occasioned by such change of grade resulting to said road. Sec. 13. The City of Findlay reserves the right to lay and repair sewers, water pipes and mains, gas pipes and mains, on all said streets as it may become necessarv so to do, and in so doing to remove or dis- place the tracks of said railroad, and to relay them and to replace poles and wires without cost or expense to the City. Sec. 14. Said grantee may transport passengers, packages, bag- gage, express matter, boxed, bundled and packaged freight and United States mail over their said road. Sec. 15. Said road may be operated with electricity or such other improved inanimate power, other than steam, that may come into gen- eral use in operating street railroads. Sec. 16. Said grantees shall save the City of Findlay harmless from all loss, costs, expenses, judgments and decress arising by reason of any act or omission of grantees, their officers or employees in the construction, operation or maintenance' of said railroad under this ordinance. 132 CoDii'iKD Ordinances of the City of Findlay Sec. 17. Said grantees shall not charge or receive for carrying jiassengers more than five cents for each passenger for a single con- tiiuions ])assagc over said railroad and over any extension of said road on other streets, within the corporate limits of the said City, or over other lines of railroad over which grantees may run their cars within the City limits hy consolidation or contract, nor shall grantees charge for the carriage of a single passenger from any point within said City to any point without said City a greater sum in addition to said five cents from within the City, than two cents per mile for the distance be- tween regular stations of said road. Sicc. 18. Said grantees shall commence the construction of said railway within one year from the first day of May A. D. 1902, and com- plete the same so as to have cars running regularly thereon with two years from said date, and in default thereof this ordinance shall be- come null and void and of no effect and the rights of the grantees hereunder shall be forfeited, unless the Council of the said City of Find- lay, by ordinance duly passed before the end of two months after the expiration of said two years shall extend the time for the completion of the same. Sec. 19. This grant so hereby made shall take effect and consti- tute a franchise contract between said City of Findlay and said grantees and be in full force as such as soon as said grantees shall file with the City Clerk their written acceptance of the terms, conditions and pro- visions of this ordinance within sixty days from the date of the passage of this ordinance, and when so filed such acceptance shall be recorded by the City Clerk. Sec. 20. Should grantees fail to file said acceptance mentioned in section 19 within the time specified in said section therefore, or should grantees fail to complete said road within the specified time, then this ordinance shall become null and void, and all the rights of the grantees shall be forfeited at the option and election of said City of Findlay. Sec. 21. At the time of filing said acceptance grantees shall also file a good and sufficient bond in the penal sum of $2,000.00 with sureties to the approval of the Council conditioned for the full and com- plete performance of all their obligations under this ordinance in the construction, maintenance and operation of said road as provided by this ordinance. Sec. 22. If said grantee fail for a period of sixty days to operate any part of said railroad herein authorized after the same shall be con- structed, such failure shall operate as and constitute a revocation of this grant, and grantees shall remove the tracks from the streets and re- store said streets to proper condition and repair, to the aceptance of the Board of Improvements and on failure so to do for thirty days after service of notice of the order of the Council so to do the City of Findlay may cause the same to be done at the cost and expense of grantees, and may recover such costs and expense from grantees by suit at law. Sec. 23. The Council of The City of Findlay shall ])ass all neces- .‘^ary and proper ordinances for the protection of said grantees in the enjoyment of the franchise privileges herein granted, and for the pro- tection of its rights and property used or invested in said railroad. Codified Ordinances of the; City of Findlay 133 Sec. 24. The rights, duties, terms and conditions granted and prescribed to the said. The Findlay & Marion Electric Railroad Com- pany named as grantee herein, are extended to and imposed on the successors and assigns of said Company as fully and to all intents and purposes as if such successors and assigns had been named in each section of this ordinance. Sec. 25. This ordinance shall take effect and be in force from and after ten days after its passage and publication according to law. Passed Jan. 20, A. D. 1912. — V ol. C, Page 192. AN ORDINANCE. Granting to the Findlay-Marion Railway and Light Company, its successors and assigns, permission, right and authority to construct, maintain and operate, for the period of 25 years, an electric Street Rail- way upon, over, along and across certain street, highways and public grounds, and prescribing the terms and conditions upon, and the man- ner in which said Electric Street Railway shall be constructed and operated. Whereas, on the 23rd day of April A. D. 1906, the Findlay-Marion Railway and Light Company made written application to the City Coun- cil of the City of Findlay, Ohio, for itself, its successors and assigns, for leave to construct, maintain and operate for the period of twenty- five years an Electric street Railway upon, over, along and across the following streets, highw^ays, and public grounds with the City of Findlay, Ohio, to-wit : Commencing in Blanchard avenue at the point wLere the said Blanchard avenue intersects with the easterly Corporate Line of the City of Findlay, Ohio, thence northwesterly in Blanchard avenue to the intersection of Blanchard avenue and Blanchard street, thence by curves therefrom northerly in Blanchard street, to East San- dusky street, thence w^esterly by curves into East Sandusky street, on and over Eagle Creek in said street, and crossing the right-of-way of the Toledo & Ohio Central Railway Company to the intersection of East Sandusky street and Main street with all necessary and convenient curves at any parts of said Route, including either, or both Termini of the same, and. Whereas, the above mentioned written application of the Findlay- Marion Railw^ay and Light Company, for permission, right and authority to construct, maintain and operate an electric Street Raihvay over the Route therein described was duly and legally published by the Clerk of said ^Municipal Corporation, in the Morning Republican, a daily paper published in said City of Findlay, Ohio, for three consecu- tive w^eeks : to-wit: On the 27th day of April A. D. 1906, on the 4th day of May, A. D. 1906, and on the nth day of May A.. D. 1906, and. Whereas, on the 4th day of June, A. D. 1906, the City Council of the City of Eindlay, Ohio, by ordinance duly passed on said last mentioned date, did establish vStreet Railway Route No. 41, being the same Route for wduch the said The Findlay-Marion Railway and Light 134 CoDii'iKD Okdinancf.s of the City of Findlay C()m])any had made a])|)lication for leave to construct, maintain and o])erate as aforesaid, and, \A 4 iereas, the Clerk of the said Municipal Corporation in pursu- ance of said ordinance, and as therein directed did give due public notice, and did duly advertise for sealed proposals to construct, main- tain and o])erate said vStreet Railway Route at the lowest rates of fare, in accordance with the terms, conditions and stipulations of said ordinance and as therein directed, and, Whereas, bids were received at the office of the Clerk of the Coun- cil of the said City in pursuance of said Ordinance and advertisement, and were by said Clerk duly opened as therein directed and were by him as therein directed reported to the City Council, and. Whereas, The Findlay-Marion Railway and Light Company duly ]>resented a sealed proposal for the right to construct, maintain and operate said street Railway Route, and therein proposed to carry pas- sengers on said Street Railway Route at the following rates of fare for a continuous ride in either direction from any point on said Route within said City, to-wit : Five cents for a single cash fare or six tickets for twenty-five cents for adults and minors over six years of age, chil- dren under six years of age accompanied by a person in charge free, to- gether with transfers to any other line which may hereafter be required to give similar transfers by the conditions of its franchise in the said City of Findlay, Ohio, and. Whereas, said rate of fare was the lowest rate of fare that was pro- posed by any person, individual, individuals, or corporation to carry passengers upon said Street Railway, and. Whereas, on the 9th day of July, 1906, the City Council of the said City of Findlay, Ohio, declared that the said Findlay-Marion Railway and Light Company had by its said proposal agreed to carry passengers on said Street Railway Route at the lowest rate of fare, and. Whereas, the said. The Findlay-Marion Railway and Light Com- pany has obtained and produced to the City Council of said City of Findlay, Ohio, the written consents of a majority of the property holders upon each street or part thereof on the line of the Route estab- lished by said Ordinance passed June 4, A. D. 1906, represented by the foot front of the property abutting on the several streets along which it is ])roposed to construct such Electric Street Railway, now therefore. Sec. I. Be it ordained by the City Council of the Citv of Findlay, State of Ohio, that The Findlay-Marion Railway and light Company, its successors and assigns, is hereby granted for tbe full term of twenty-five years from and after the passage of this Ordinance, per- mission to construct, maintain and operate a single track Electric Street Railway with the necessarv switches, turnouts, cross-overs, poles, wires, Y's and electric appliances upon, along and over the following Route within the City of Findlay, Ohio, to-wit : Commencing in Blanchard avenue at a point where the said Blanchard avenue intersects with the Easterly Corporate Line of the Citv of Findlay, thence northwesterly in Blanchard avenue to the in- tersection of Blanchard avenue and Blanchard streets, thence with curves therefrom northerly on Blanchard street to East Sandusky street, thence westerly by curves into East Sandusky street, on and over CoDii'iKD OrdinanclvS 01^ THE City oe Findlay 135 the bridge of Fa.^le Creek in said street, and crossing the right-of-way of the Toledo and Ohio Central Railway Company to the intersection of East vSandusky street and Main street, with all necessary and con- venient curves at any parts of said Route including either or both Termini of the same. Slc. 2. The said, The Findlay-Marion Railway and Light Com- pany, its successors assigns, shall construct, maintain and operate said Electric Street Railway upon the terms, conditions and provisions as set forth in the Ordinance establishing Street Railway Route No. 41, passed by the City Council of the City of Findlay, Ohio, on June 4, A. D. 1906, and approved by the Mayor of the City of Findlay, Ohio, on June 5th, 1906, and special reference is made thereto. Sec. 3. The Findlay-Marion Railway and Light Company, its suc- cessors or assigns, shall within thirty days after the passage of this Ordinance, accept in writing the rights and privileges herein granted, and shall agree to comply with the conditions thereof. Sec. 4. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed July 9th, A. D. 1906. Approved July 10, A. D. 1906. — Vol. D, Page 47. AN ORDINANCE. To grant to the Findlay, Kenton, Bellefontaine and Urbana Elec- trie Railroad Company, its successors and assigns, permission to con- struct, operate and maintain a street railway within and beyond the City Limits of the City of Findlay, Ohio. Sec. I. That subject to the terms, provisions and stipulations here- inafter set forth, permission is hereby granted to the Findlay, Kenton, Bellefontaine and Urbana Electric Railway Company, their successors and assigns the right to construct, operate and maintain for the period of twenty-five years from the acceptance of this franchise, within the corporate limits of the Citv of Findlay and the City of Kenton, over and upon the following streets in said City, to-wit : Commencing at the south corporation line upon Main street in said City, upon the east side thereof and continuing north to Sixth street and from Sixth street, north in Center of Main street to C. H. & D. Railway on North Main street. Sec. 2. Said grantees shall have the right to construct, operate and maintain all necessary sidetracks, switches, spurs, turnouts and to erect poles, hang and maintain all necessary wires and all other ap- pliances necessary for the operation of said railroad. Sec. 3. The main track of said railway shall be laid on the east side of Main street from the south corporation line, north to Sixth street, and all sidetracks, spurs, turouts and all appurtenances of said road shall be so laid and constructed as not to interfere with or injure the use of said street for public travel. Sec. 4. Said grantees shall keep that portion of said street lying between the rails and one and one-half feet additional on each side of 136 Codified Ordinances oe ti-ie City oe Findlay the tracks of said railroad in good condition and repair and all street and alley crossings shall be paved between the rails with good vitrified brick or block and in case of any street being permanently improved by paving or otherwise, said space between the rails of said tracks and one and one-half feet additional on each side shall be paved by said City in the same manner and with the same material, and under the same con- tract with the City of Findlay and the above company hereby agrees to pay the cost and expense incurred thereby, and in default thereof said cost may be recovered from the grantees by said City by the usual as- sessment against their property as in other cases. Sec. 5. The poles upon which the wires and appliances used in the operation of said railway are attached shall be placed along the east side of said road and so placed as not to interfere with the sewers, water-pipes, gas-pipes or proper drainage of said street. They shall be either of metal ’or wood and shall be straight and painted, and all poles and wires shall be so constructed, operated and maintained as to cause no interference with the telephone and telegraph lines, nor with the fire-alarms or police alarms, nor with the service or use of the same, and all poles shall be located by the Board of Im- provement. Sec. 6. Said grantees shall run cars upon said track daily to the northern limit at least one car each hour, between the hours of five (5) a. m. and eleven ( 1 1 ) p. m. and as much oftener as the public interest, convenience or necessity may require. Sec. 7. Said grantee shall not tear up or remove any paving or macadam on any street or make any excavation without first notifying the Council or Board of Improvements of their intention so to do and the Citv Council or Board of Improvements, if the Council be not in session may appoint a suitable person to oversee such work who shall require all paving or macadam so removed to be properly replaced and require that all streets so disturbed be restored to as good condition as it was in before such disturbance and the cost of employing such per- son and repairing of said street shall be paid by the grantee. Sec. 8. Cars shall not run upon said road wdthin the corporate limits of the city at a speed greater than six miles an hour and the Council may by ordinance regulate the speed at which cars may be run as the public safety may require. Sec. 9. The w^ork of construction of said railroad within the City limits shall be done under the supervision of the Board of Improve- ments in so far as the same relates to the condition of the street and alley crossing and in laying of tracks the street must be put in as good condition for use without delay as before disturbance and not more than one thousand feet shall be torn up at one time. Sec. 10. The gauge shall be the same as the other tracks in the city now are and the material all of the best quality and the rails not less than seventy pounds per foot in weight and laid on the ties not more than two feet apart and all street, alley and road crossing to he so con- structed as to be easily passed over bv vehicles at all seasons of the year and the ties so buried that the top of the rails laid thereon shall be on the level with the street grade furnished by the City Engineer. Sec. 11. The grade of said railroad shall conform to the present CoDii'ii-D Ordinances or the City oe Findlay 137 ^rade of street and if at any time it becomes necessary to establish or change the grade of any street, said railway Company shall change their tracks to conform to the same and the City of Findlay shall not be liable for any damages occasioned by such change of grade -resulting to said railway. Sec. 12. The City of Findlay reserves the right to lay and repair sewers, water-pipes, gas-pipes, etc., as it may become necessary so to do and in so doing said railway company shall remove or displace the tracks of said railroad and relay them and to replace poles and wires without cost or expense to the City. Sec. 13. Said grantee may transport passengers, packages, box ex- press matter, boxed and barreled goods and package freight, also U. S. mail over their said road. Sec. 14. Said road may be operated with Electricity or such other improved power other than steam that may come into general use in operating street railways. Sec. 15. Said grantees shall save the City of Findlay harmless from all loss, costs, expense, judgment and decrees arising from any act or acts of grantees, their officers or employees in the construction, operation and maintenance of said railway under this ordinance. Sec. 16. Said grantees shall not charge or receive for carrying passengers, more than five cents for each passenger for a single con- tinuous passage over said railroad and over any extension of said road or other streets within the corporate limits of the city or over other lines of railroad over which grantee may run their cars within the City limits by consolidation or contract, nor shall grantee charge for the carriage of a single passage from any point within said city to any point without said City a greater sum in addition to said five cents fare within the city than two cents per mile for the distance between the City of Find- lay and the regular stations. Sec. 17. Said grantees shall commence the construction of said railway within one year from the date of the acceptance of this ordinance and complete the same so as to have cars running regularly thereon within two years from said date, and in default thereof, this ordinance shall become null and void and of no effect and the rights of the grantee hereunder shall be forfeited unless the Council of said City of P'indlay by ordinance duly passed after the expiration of two years shall extend the time for the completion of the same. Sec. 18. This grant so herebv made shall take effect and consti- tute a franchise contract between said City of Findlay and said grantees and be in full force as such as soon as the said grantees shall file with the said City Clerk their written acceptance of the terms, conditions and provisions of the ordinance within sixtv days from the date of the passage of this ordinance and when so filed, such acceptance shall be recorded by the City Clerk, otherwise said ordinance to become null and void and of no effect. Sec. 19. At the time of filing said acceptance grantees shall also file a good and sufficient bond in the sum of Five Thousand ($5,000.00) Dollars with sureties to the approval of the Council conditioned for the full and complete performance of all their obligation under this 138 CoDiFiKD Ordinances of the City of Findlay ordinance, in the construction, maintenance and operation of said road as provided hy the ordinance. Sec. 20. If said grantee fail for the period of sixty days to operate any part of said railroad herein authorized after the same shall he constructed, such failure shall operate and constitute a revocation of this contract and grantee shall remove the track from the street and restore said street to ])roper condition and repair, to the acceptance of The Board of Improvements and on failure so to do for thirty days after service of notice of the order of the Council so to do, The City of Findlay may cause the same to be done at the expense of grantees and may recover said costs and expense of grantee and may recover said costs and expense from grantees by suit at law. Sec. 21. All cost and expense incurred by the City of Findlay in the publishing of this ordinance shall be paid by said Findlay, Kenton, Belief ontaine and Urbana Railway Company when bill is presented and approved by the City Clerk. Sec. 22. The rights, duties, obligations, terms and conditions granted and prescribed to the said. The Findlay, Kenton, Bellefontaine and Urbana Railroad Company, named as grantee herein are extend- ed to and imposed on the successors and assigns of said Company as fully and to all intents and purposes as if such successors and assigns had been named in each section of the ordinance. Sec. 23. This ordinance shall take effect and be in full force from and after ten days after its passage and publication according to law. Passed September 15, 1902. — Vol. C, Page 228. FRANCHISE TO CEO. B. KERPER ET AL.—MAIN STREET RAILROAD. An ordinance to grant to George B. Kerper and associates and as- signs permission to construct and operate a street railroad along and upon certain streets in the City of Findlay. (Passed September ii, 1887.) Sec. I. Be it ordained by the Council of the City of Findlay, sub- ject to the terms and conditions hereinafter made. That permission be, and the same hereby is granted to George B. Keper, his associates, suc- cessors and assigns, to construct and operate a street railroad along and upon the following streets in said City, to-wit : Main street from the north to the south corporation line ; Main Cross street from Main street to the east line of the right-of-way of the Lake Erie and Western rail- road, and Sandusky street from Main street east to Blanchard street, and the Tiffin road, in North Findlay, from Main street northwestward to the corporation line, and Main street east on Walnut to Crystal avenue and thence northeast, or on said avenue, toi corporation line. Sec. 2. Said railway on Atain street shall be commenced within thirty days from the passage of this ordinance and completed within ninety days from said passage; on Alain Cross street such railway shall be completed before June ist, 1888; on Sandusky street said railroad Codified Ordinances of the City of Findlay 139 shall be completed June ist, 1888; and the railways on such other streets above named shall be conipleted within two years from the pas- sag'e of this ordinance, or the right to such streets as are not occupied within two years shall be forfeited. Sec. 3. Said grantees shall not charge or receive for carrying passengers upon said railroad, a greater sum than five cents, for each passenger, for a single passage in any car. Sec. 4. This grant is made subject to the provisions, conditions and limitations of the general ordinance of said City, passed May 3rd, 1887, entitled ‘'An ordinance to establish street railroad routes within the \dllage (now city) of Findlay. Sec. 5. This grant so hereby made and the privileges hereby given shall continue, remain in force and be valid to said grantee, successors and assigns, for and during the period and term of twenty-five years from the ist day of September, A. D., 1887. Sec. 6. This grant so hereby made shall take effect and be in force so soon as said grantees shall file with the Clerk of the City his written acceptance of this ordinance and its terms and provisions, which ac- ceptance shall be filed within ten days from the passage of this ordinance and if not so filed or if said grantee fails to commence within the time hereinbefore prescribed, and proceed with all reasonable diligence in the construction of said road, then this ordinance shall be null and void and the said grants thereby stand revoked. Sec. 7. Said grantee shall, at the time said acceptance is filed, al- so execute his bond in the sum of two thousand dollars, with sureties to the satisfaction of Council, conditioned for the full and due per- formance of their obligations under this ordinance and the construction and operation of such road as provided by this ordinance. Sec. 8. Said grantee, his successors and assigns, shall forever save liarmless the City of Findlav against any and every and all legal damages, judgments, decrees and costs which may be recovered or maintained against said City by reason of the privileges hereby granted, or from any act or acts of said grantee, successors or assigns, by his or their servants, agents, officers or employees under or by virtue of the provisions of this ordinance. Sec. 9. Said roads shall be operated by horse power, electricity or cable, if electricity is adopted tlie plan for constructing same shall be submitted to Council and receive its approval before its adoption. If electricity be used as a motive power it may be by storage batteries or by iron poles as the Council and grantee may agree, and if by poles said grantee shall have the privilege to erect and maintain poles of suitable height and kind upon both sides of said streets or in the center, and to connect the same with wire across such streets so as to carry the wires necessary for the electric current, or the same may be done by the con- duit system. Sec. 10. If said grantee, his successors or assigns, fail for a period of thirty days to operate any part of said road v/hen constructed, such failure shall operate as a revocation of this grant, and the grantee shall remove said track and restore the street to proper repair to the ac- ceptance of the Board of Improvements. Sec. II. In consideration of the construction and operation of said 140 CoDii?iKD Ordinanci:s or thr City or Findlay road, the benefits to be derived therefrom and upon compliance by grantee with the conditions and provisions hereof, the said City of Findlay waives and remits to said grantees for the full period of five years from Oct. ist, 1887, and and all license fee, but reserves the right to charge five dollars per annum for each car operated, provided it so elects thereafter. Src. 12. Before commencing the construction of said road or any part thereof, the written consents of a majority of the owners of lots abutting upon said street severally shall be filed with the Council, the same having been heretofore filed according to law. Src. 13. Tlie rate of speed upon such road shall not exceed at any time eight miles per hour and shall be subject to such regulations by the Council as public safety may require ; and the entire work in the construction of said road shall be done under the supervision and to the acceptance of the Board of Improvements. Src. 14. The city reserves the right to permit other street rail- road companies to cross the tracks of said grantees, their successors and assigns, upon condition that the person, firm or corporation crossing such tracks shall construct such crossing at their own expense, and not unnecessarily impede the passage of cars while so constructing such crossings. Src. 15. . No other street railroad or street railway company shall use or run their cars over more than one-eighth part of the tracks or either of them constructed under this ordinance, and if so used shall pay their proportion of the cost of the part so used, and of the keeping of the track, so jointly occupied, in repairs. Src. 16. The Couneil of said City shall pass all neeessary ordinances for the protection of said grantee, his associates, succes- sors and assigns, in the full enjoyment of the franchise, privileges and permission hereby granted, and of all their rights and property invested or used in said roads as also against all obstructions to the full and free use of their tracks and the privileges hereby conferred. Src. 17. Said grantee, his successors and assigns, shall run cars on said tracks daily and as often as the public interest, convenience and necessity may require. Src. 18. The guage of the tracks shall not be less than three feet nor more than four feet eight inches, as the persons or eompany may elect. The rail shall be a eenter bearing “T” rail of not less than twenty pounds per yard, laid on ties not more than four feet apart, and the street crossings shall be planked by said grantee so that the same shall be easily passed over by vehicles of all kinds at all seasons of the 'year. The portion of the track between the rails shall be kept in re- ])air by the company as long as horse power is used ; in the case of electricity or cable, if the grantee cause no wear or damage on the streets, they shall be relieved from all obligations to keep such portion of the street in repair. Src. 19. The ordinance passed June 27th, 1887, entitled ‘‘An ordinance to grant S. T. Dunham and his associates and assigns permis- sion to construct and operate a street railroad upon and along certain streets in the City of Findlay,” and the ordinance passed August ist, 1887, entitled “An ordinance to grant George ,B. Kerper and his as- CoDiriED Ordinances oe the City oe Findlay 141 sociates and assig-ns, permission to construct and operate a street rail- road along" and upon certain streets in the City of Findlay/’ and an ordinance passed August 8th, 1887, entitled “An ordinance to grant to George B. Kerper and his associates and assigns, permission to con- struct and operate a street railroad upon and along certain streets in the City of Findlay,” are hereby repealed. ADDITIONAL FRANCHISE TO GEO. B, KERPER— MAIN STREET RAILROAD. An ordinance to grant permission to George B. Kerper and his as- sociates to extend the track of the street railroad, now owned and operated by them on Main street, in the City of Findlay, from the present north and south termini of said road, north and south to the present north and south boundary line of said City. (Passed June 12, 1888.) Sec. I. Be it ordained by the Council of the City of Findlay, That permission be, and the same is hereby granted to George B. Kerper and his associates to extend the track of their street railroad, now owned and operated by them, on and along Main street in said City, north and south from the present north and south termini of said road to the present corporation boundary line of said City. Sec. 2. The track of said street railroad, as so extended, shall be placed on either side of the roadway, twelve feet from the curb line, and shall in all respects be extended, constructed and governed by the pro- visions of Section 2000, of the Revised Statutes of Ohio, and of the general ordinance passed by the Council of said City establishing street railroad routes, and providing for the construction of street railroads, passed on the ist day of August, 1887, provisions of the ordinance of said City granting to said George Kerper the privilege of constructing and operating a street railroad on and along IMain street in said Citv ; Provided, that the fare of passengers on said street rail- road shall not be increased by reason of such extension. FINDLAY STREET RAILWAY COMPANY REQUIRED TO PAVE TRACKS. An ordinance to require the Findlay Street Railway Company to pave between the rails of their tracks on Main street in said City from the Cincinnati, Findlay and Northern railroad track north to the north line of Frazer street. (Passed August 4, 1890.) Whereas, The. Board of Improvements of the City of Findlay, Ohio, have recommended to the Council that Main street in said City from the Cincinnati, Findlay and Northern railroad be graded and im- proved by paving the same with clay brick, and, 142 • Codifii:d Ordinanci]:s or the City or Findlay Whereas, The Council of said City authorized and ordered said im- provement by ordinance ])assed April 14th, 1890, therefore Sec. I. He it ordained by the Council of the City of Findlay, Ohio, That the Findlay Street Railway company be, and the same is hereby notified and recjuired to improve that portion of the street as lies be- tween th.e rails of the tracks of said company, between said points, by .^•radin^ said portion of said street and paving- the same with fire clay brick as is provided by said ordinance, and according to the plans and s])ecifications made therefor, said fire clay brick being the kind of material and said plans and specifications being the same as was adopt- ed by the Council for the improvement of the whole street between the points mentioned. Which plans and specifications, with a sample of said fire clay brick, are now on file in the office of the Citv Clerk. Sec. 2. That the City Clerk is hereby directed to give notice to the said Findlav Street Railway company with the passage of this ordinance by serving said company with a copy thereof. PIXDIAY STREET RAILWAY COMPANY REQUIRED TO BE OPERATED BY ELECTRICITY. An ordinance to recjuire the Findlay Street Railway company to operate its street railroads in the City of Findlay by electricity. ( Passed August 25, 1890.) Sec. I. Be it ordained by the Council of the City of Findlay, Ohio, That the Findlay Street Railway company, its successors and assigns, be and thev are hereby required to operate its several street railroads in said Citv bv electricity and change the motive power for propelling its cars from horse power to electricity, the plan for constructing and operating by electricity having been submitted to and received the ap- proval of the Council. Sec. 2. Said road shall be operated and the cars run by the over- head system of electricity. The poles used for the wire shall be of cedar, not less than twenty feet high above ground and six feet under ground and securely plant- ed within the curb lines upon both sides of the streets, and not less than one hundred feet apart and opposite each other. All poles shall be neatly painted ; those on Main street shall be octagonal in form and of uniform size and at all other points they may be round and shall be of uniform size. The work to be commenced on Main street in said City immediately after this ordinance takes effect, and all poles to be planted and the work done and the system constructed to the satisfaction of the City Engineer and Board of Improvements. AN ORDINANCE. To grant to Theodore Wentz, his associates, heirs and assigns, permission to construct, operate and maintain a street railway within and beyond the corporate limits of the City of Findlay, Ohio. CoDii'iED Ordinances oe the City oe Findlay 143 Whereas, on the 22nd day of June A. D., 1899, Theodore WTntz made and presented to the Council of said City his application in writing for leave to construct, operate and maintain a street railroad in said City, and. Whereas, on the 22nd day of June, 1899, Board of Improve- ments of said City recommended that public notice of the application therefore be given by the Clerk of said City by publication for three con- secutive weeks in two or more daily newspapers published and of gen- eral circulation in said City, and, Whereas, in pursuance of said recommendation the City Council did on the 26th day of June, 1899, order the Clerk to cause said notice to be published, which was accordingly done, and, AVhereas, bids were received by the City Clerk in conformity with . said notice, and were opened at said time, and. Whereas, said Theodore W'entz by his proposal and bid agrees to carry passengers at a lower rate of fare than other bidders, and has ob- tained and tiled with the City Clerk the written consent of a majority of the property holders upon each street and part thereof on the line of said proposed street railroad, represented by the feet front of the property abutting on the several streets within said City along, upon and over which such railroad is to be constructed, now therefore. Be it ordained by the Council of the City of Findlay, Ohio. Sec. I. That subject to the terms, conditions, provisions, stipula- tions and limitations herein contained and set forth, permission be and the same is hereby granted to Theodore WTntz, his associates, heirs and assigns, to construct, operate and maintain within and without the cor- porate limits of the City of Findla}', Ohio a street railroad, along, over and upon the following streets in said City to-wit : Entering said City at the north corporation line thereof where the same intersects Fostoria street (commonly known as Fostoria Road,) thence southwest along said Fostoria street to Tiffin avenue, thence in a southwestern direction along Tiffin avenue to its intersection with Center street, thence west on Center street to and upon Alain street, then connecting with the tracks of the Railway of the Findlay Street Railway Cofnpany with a “Y’’ switch and then terminate. Sec. 2. Said grantee, his associates, heirs and assigns, shall have the right to construct, operate and maintain said street railroad beyond the corporate limits of the said City, to the Citv of Fostoria, Ohio, un”- der such grants as may be obtained from the Board of County Conv missioners of Hancock County, Ohio, and such other officers and boards havine jurisdiction or control of the public highways outside of said City of Findlay, subject, however, to the stipulations and require- ments herein contained in so far as the same are applicable. Sec. 3. Said grantee, his associates, heirs and assigns, shall have the right to construct, operate and maintain all necessary side tracks switches, spurs, turn-tables, turn-outs and stations and the right to erect poles, hang and maintain all necessary wires, feed wires and appliances necessary for the successful operation and management of said railway, but no switches, turn-outs, turn-tables, or stations shall be erected in said Center street, it being expressly provided herein that a single track only shall be permitted on said Center street. 144 CoDii'iKD Ordinances oe the City oe Findlay Sec. 4. This i^^rant so hereby made shall continue, remain in full force and effect and he valid to said grantee, his associates, heirs and assii^ns, for and during the term of twenty-five years from the ist day of Se])tember A. D., 1899, unless forfeited for failure to comply with the terms and conditions of this ordinance. Sec. 5. This grant so hereby made is made subject to all the terms, conditions, limitations, requirements and provisions of the gen- era! ordinance of said City passed May 3, 1887, entitled “An Ordinance to establish street railroad routes within the Village of Findlay” ex- cept in so far as the same is modified by this ordinance. Sec. 6. The main track of said railroad shall be laid upon a line parallel with the center line and 4 feet 71-2 inches south of the said center line upon and along said Cented street and Tiffin avenue in said City and along the south side of said Fostoria street to the corporate line and so laid, constructed, operated and maintained as not to un- * necessarily interfere with, or injure the use of said streets for wheeled vehicles, and that portion of said Center street occupied by said rail- road, as well as the portion now paved with Cedar Block shall be by said grantee, his associates, heirs or assigns, upon the construction of said road, properly paved with good fire clay paving brick or block of as good quality and kind as is now in use on said street so that said Center street shall be paved its entire width between the curb stones as now laid. Said grantee, his associates, heirs, and assigns, shall con- struct and maintain his own bridge across what is known as “The Hagerman Run” on said Tiffin avenue. Sec. 7. Said grantee, his associates heirs and assigns, shall keep that portion of the streets in said City over which they may construct, operate and maintain said railroad laying between the rails of ths tracks thereof in good condition and repair, and if at any time said Cit^;^ de- clares the necessity of repairing or otherwise improving by grading, macadamizing or paving any street over which said road is, or may be constructed or operated, said grantee, his associates, heirs and as- signs, shall be required to repair, improve, grade, macadamize or pave that part of -said streets lying between the rails of the tracks of said railway, at the same time, in the same manner, and with the same material as the balance of said street is repaired or improved, and to pay the entire cost and expense thereof, and a failure to so upon notice of the passage of the necessary resolution providing for said improvement being served upon said grantee, his associates, heirs and assigns, the said city may cause the same to be done at the cost and expense of said grantee, his associates, heirs, and assigns and assess and collect the cost and expense thereof by suit at law in any court of competent juris- diction, or upon failure to pay, the said City may after the passage of an assessing ordinance certify said cost and expense to the County Auditor to be collected as other taxes are collected. Sec. 8. The poles upon which the wires and appliances used in the o]ieration of said railway, are attached shall be placed along the sidewalk space next to the curb, and so placed as not to interfere with sewer pipes, water pipes, gas pi]ies or the jiroper drainage of said street, they shall be either metal or wood, and if of wood, they shall be straight, smooth and of presentable appearance, and shall be jiaintcd ; CoDii'iici) Ordinances oe the City oe Findlay 145 all ])olcs and wires shall be so constructed, operated and maintained as to cause no serious or unnecessary interference with the telephone lines, teleg-raph lines, or the fire or police alarm systems, nor to the service or use of the same. Sec. 9. Said g'rantee, his associates, heirs and assigns, shall rim cars upon said tracks daily, at least one car each hour and as much oftener as the ])ublic interest, convenience or necessity may require. Sec. 10. Said grantee, his associates, lieirs or assigns, before tear- ing up any paved or macadamized street, or making any excavation therein, shall first notify the City Council or Board of Improvements of said City of his intention so to do, and the City Council or Board of Improvements shall have the right to appoint a suitable person to over- see the same, and see that all paving or macadam are properly replaced, and all streets restored to as good condition as the same were in prior thereto, and the cost and expense of the employment of such person shall be paid by said grantee, his associates, heirs or assigns. Sec. II. The rate of speed upon such railroad shall not at any time exceed within the corporate limits of said City, ten (10) miles per hour, and shall be subject to such regulations by the Council as the public safety may require. Sec. 12. The entire work in the construction of said railroad with_ in the corporate limits of said City shall be done under the supervision and to the acceptance of the Board of Improvements of said City in so far as the same relates to, or affects the condition of the streets, street and alley crossings and public ways in said City ; and in the laying of tracks the streets must be put in good condition for use as fast as the track is laid and not more than 1,000 feet of the street shall be torn up at any one time. Sec. 13. The gauge of said tracks shall not be less than three feet nor more than -four feet, eight and one-half inches, and the rails shall be of the best materials suitable for the cars and traffic, weighing not less than seventy pounds per lineal yard, shall be laid on ties not more than two feet apart, and all street and alley and road crossings shall be so constructed that the same may be easily passed over by vehicles of all kinds at all seasons of the year ; the ties shall be buried below the surface of the street so that when the rails are placed on the ties, the top of the rails shall be on a level with the street. Sec. 14. the grade of said railroad shall conform to the present grade of the streets over, upon or along which the same is so construct- ed, operated or maintained, and if at any time, it becomes necessary to establish or change the grade of any street, alley or public way, over, upon or along which said road is built, operated or maintained, or may pass, the same may be done by the City and it shall not be liable to answer for any damages occasioned by reason of such change of grade. Sec. 15. The City reserves the right to have water, gas, sewer mains and pipes completed, repaired, laid or changed in any of the streets or public ways over which said road extends is operated or maintained in said City from time to time as the public interests may require, and whenever it becomes necessary to remove or displace any rails of the tracks, or ties, wires, or poles or other property of said grantee in order to improve or repair, construct, lay or relay any such 146 CoDil'iF.D Ordinances of the City of Findlay ])i])es or sewers aforesaid, said grantee, his associates, heirs and assigns shall so remove, replace and relay said tracks, ties, wires, poles, rails and oth.er property without any expense to said city. Sfc. 16. Said grantee, his associates and assigns, shall have the right to o])erate said road for the transportation of passengers, ])ackages, baggage, express matter, boxed, barrelled and packaged freight and United vStates mail. Sfc. 17. Said railroad shall be operated by electricity or such other improved inanimate power, other than steam, that may come into general use in operating street railroads. Sec. 18. Said grantee, his associates, heirs and assigns, shall for- ever save harmless the City of Findlay against any and all legal damages, judgments, decrees and costs which may be recovered and maintained against said City by reason of the privileges hereby granted, caused by any act or acts of said grantee, his associates, heirs or as- signs, or his agents, servants, officers, or employes in the construction, maintainence. or operation of said railroad, under or by virtue of this ordinance. Sfc. 19. Said grantee, his associates, heirs and assigns, shall not charge or receive for carry passengers on said railroad a greater sum than five ($.05) cents for each passenger for a single passage in any car from any point within said City to any other point within said City reached by the cars of said grantee, and if at any time said grantee, his associates, heirs or assigns obtain an extension of this franchise over any other streets in the said city (or run his cars over the tracks of any other company operating a street railroad within said city) or con- solidate with anv such company, or make traffic arrangements therewith, no additional fare shall be permitted to be charged for a single pas- sage in any car or cars to any ])oint within said City sc by the said grantee, by said extension, appropriation, consolidation or traffic ar- rangements reached. Said grantee, his associates, heirs or assigns, shall not be permit- ted to charge or receive a greater sum than fifteen ($.15) cents for a single passage in any car from any point reached by him within said City of Findlay to any point without said City to the Village of Arcadia, nor a greater sum than ($.25) twenty-five cents within said City to any point without said Citv to the City of Fostoria, Ohio, and the fare from any point without said City to any point within said City shall not be greater than the fare from any such point within said City to such point without said City. Sfc. 20. Said grantee, his associates, heirs or assigns, shall com- mence the construction of said railway within one year from the ist day of September, 1899, shall have the same completed and in operation from the City of Findlay to the City of Fostoria, Ohio, within two years from said date, and in default thereof this ordinance shall become null and void and of no effect and the rights of said grantee, his associates, heirs and assigns, under this ordinance shall he forfeit- ed, unless the Council of said City of Findlay bv ordinance duly jiassed on or before two months after the expiration of said two years, extend the time for the completion of the same. Sfc. 21. This grant so hereljy made shall take effect and const!- CoDiFiKi) Ordinances oe the City oe Findlay 147 tiite a franchise contract between said City and said grantee and be in full force as such as soon as said grantee, his associates, heirs or as- signs, shall file with the City clerk his written acceptance of the terms, conditions and provisions of this ordinance, which acceptance shall be filed within sixty days from the date of the passage of this ordinance, and when so filed, shall be recorded by the City Clerk. Sec. 22. Should said grantee, his associates, heirs or assigns, fail to file said written acceptance within the time specified for so doing in the preceding section, or should said grantee, his associates, heirs or assigns, fail to complete said road to City of Fostoria, Ohio, within the time hereinbefore limited then this ordinance shall become null and void and all the rights of the said grantee, his associates, heirs or assigns, here granted shall be forfeited at the option and election of said City of Findlay. Sec. 23. Said grantee, his associates, heirs and assigns, at the time of the filing of said written acceptance, shall also execute and file a bond in the sum of two thousand ($2,000.00) dollars, with sureties to the ap- proval of the City Council, conditioned for the full and complete per- formance of all of the allegations under this ordinance, in the construc- tion, maintenance, and operation of said road as provided by this ordinance. Sec. 24. If said grantee, his associates, heirs or assigns, for any reason fail for a period of sixty days to operate any part of said rail- road when so constructed such failure shall operate as and constitute a revocation of this grant, and the said grantee, his associates, or assigns, shall remove the tracks from the streets and restore said streets to proper condition and repair to the acceptance of the Board of ImE provements of said city, and upon a failure to so remove therefrom and restore said streets as aforesaid within thirty days after the service of the notice of the order of the City Council so to do, said City may cause the same to be done at the cost and expense of said grantee, his as- sociates, heirs and assigns and such cost and expense may be collected by suit at law in anv court of competent jurisdiction. Sec. 25. The Council of said City of Findlay shall pass all neces- sarv and proper ordinances for the protection of said grantee, his as- sociates, heirs and assigns in the full enjoyment of the franchise privi- leges hereby granted and his rights and property invested or used in said road. Sec. 26. This ordinance shall take effect and be in force from and after ten days after its passage and publication according to law. Passed July 31st, A. D., 1899. — Vol. C, Page 47. AN ORDINANCE. To amend section number 6 of an ordinance passed July 31st, 1899, entitled ‘k\n Ordinance to grant to Theodore Wentz, his heirs, associates, successors and assigns permission to construct, operate and maintain a Street Railway within and beyond the corporate limits of the City of P'indla}^, Ohio.” Whereas, such petitions signed by the owners of property abut- CoDii'iRi) Ordinancf,s of TiiF City of Findlay 148 on the vSoutli of Tiffin avenue have been presented to Council pray- ing- for the removal of the track of the Toledo, Fostoria & Findlay Street Railway from its present location in said street and the estab- lishiipc;- of the said tracks on a i)art of the said street nearer the center line of said street, and. Whereas, such change in the location of the tracks of said above named Street Railway Company is in view of the petitions filed by the said property owners abutting on said street, deemed advisable by this Council, au(l, Whereas, such change in the location of the tracks of the said Com- pany is made with the knowledge and consent of the said Toledo, Fostoria & Findlay vStreet Railway Company, Therefore, be it ordained by the Council of the City of Findlay, State of Ohio : vSfc. I. That section number 6 of an ordinance passed July 31, 1899, entitled “An Ordinance to grant to Theodore Wentz, his heirs, associates, successors and assigns, permission to construct, operate and maintain a Street Railway within and beyond the Corporate limits of the City of Findlay, Ohio,” be amended so as to read as follows : Sfc. 6. The main track of the Toledo, Fostoria & Findlay Street Railwav Company shall be laid as follows : Beginning at the East rail of the Findlay Belt Railway, 4.62 feet South of the middle of Tiffin avenue at a point where the center line of Tiffin avenue as well as the Toledo, Fostoria & Findlay Street Railway bears North 59 degrees East ; thence by curve of 2865 Radis to the left 85 feet thence by curve of 2865 feet radius to the right, 85 feet ; thence north 59 degrees east 1.62 feet south of the center line of Tiffin avenue to a point 165 feet west of the center line of Blanchard street ; thence bv a curve to the right of 5730 feet radius, 330 feet; thence north 62 degrees, 17 minutes east; 162 feet vSouth of the center line of Tiffin avenue, to a point 71 feet west of the west line of the McKee Addition ; , thence on a curve to the right of 5730 radius, 142 feet; thence north 63 degrees 43 minutes east, 1.62 feet south of the center line of Tiffin avenue, to a ])oint 165 feet west of the west line of Dayton avenue; thence by curve to the right of 2865 radius, 282 feet; thence north 69 degrees 21 minutes east, 1.62 feet south of the center line of Tiffin avenue to the west line of Carnahan avenue ; thence on a curve to the right, with radius of 5730 feet, 170 feet; thence by curve to the left, wdth radius of 5730 feet, 170 feet to a point in the center line of the existing track and 4.62 feet south of the center line of Tiffin avenue, 276 feet east of the east line of Carnahan avenue, and so laid, constructed operated and maintained as not to unnecessarily interfere with or injure the use of said street for wheeled vehicles, and that portion of said Center street oc- cupied by said Railroad, as well as the portion now paved with cedar block, shall be by said grantee, his associates heirs and assigns, upon the construction of said road, properly paved with good fire clay pav- ing brick or block of as good quality and kind as is now in use on said street, so that said Center street shall be paved with brick its entire width between the curb stones as now laid. Said grantee, his associates, heirs and assigns shall construct and maintain his own bridge across what is known as “The Hagerman Run” on said Tiffin avenue. 149 Codified Ordinances of the City of Findlay Sec. 2. Section number one ( i ) of this ordinance amending sec- tion number six of said franchise ordinance is intended to affect only such part of the franchise ordinance of the Toledo, Fostoria & Find- lay Street Railway Company as relates to the location of their tracks, and shall in no manner affect the liability of said Street Railway Com- pany for assessments for the cost of street improvements to the ex- tent and manner desi^^nated in their original franchise of July 31st, '899- Sec. 3. Any ordinance or part of ordinance in conflict with the provisions of this ordinance be and the same is hereby repealed. Sec. 4. This ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed June ii, 1906. Approved June 13, 1906 . — VoL D, Page 30. PRAXCHISB TO FREMONT AND INDIANA R. R. CO. (Passed Dec. 29, 1853.) This agreement made and entered into, by and between the Fre- mont and Indiana Railroad Company of the First part, and Town Council, of the Borough of the Second part. Wdmesseth : That whereas, the party of the first part are now con- structing a railroad to connect Fremont with the Indiana state line, which road crosses certain alleys and streets in the \"illage of Findlay, which it becomes necessary for said railroad to cross’and occupy. Nc 5 w it is agreed between the parties aforesaid, that said Railroad company may construct their said Railroad, with its depots and stations across and over any alley, street, road or public ground, on the line of said road within the corporate limits of said Village and may also occupy the same as far as may be necessary and convenient for the business purposes of said Company and for the construction and maintenance of said road, its depots and stations, according to the powers and privileges conferred on said Company by the law of the land. Provid- ed, that no unnecessarv injury be done to the village, or to inhabitants, in the exercise of said powers and privileges, and provided further, that there shall be no excavation on any street or alley, except what is necessary for draining purposes. FRANCHISE TO L. B. AND IV. R. R. CO.— WESTERN STREET An ordinance to grant to the Lake Erie & Western Railroad com- pany permission to construct, maintain and operate a side track along V\Tstern street. (Passed August 13, 1886.) Sec. I. Be it ordained by the Council of the Village of Findlay, Ohio, that permission and authority be, and the same is hereby granted to the Take Erie & Western Railroad Company and its successors, to 150 CoDiL'iiiD Ordinances or the City oe Findlay lay down, maintain and operate a side track and necessary switches from a ])oint in its existing- track north of Sandusky street, thence south and along the west half of Western street to the Lima Road. Provid- ed, that said track shall be so laid as to conform to the present grade of Western street as nearly as may be, and that all street and alley cross- ings shall be made so as not to unnecessarily interfere with, hinder, ob_ struct or impede public travel or convenience. And that west side of road bed shall be at least 12 feet east of the east line of lots on west side of the street so as to leave space for sidewalks and gutters. The same having been petitioned for by all lot and land owners along said side of said street. Sec. 2. The ordinance passed July 2nd, 1886, entitled ‘^An ordinance to grant to the Lake Erie & Western Railroad company per- mission to construct a switch along Western street south of Sandusky street,’’ is hereby repealed. FRANCHISE TO L. B. AND W. R. R. CO.— FACTORY AVENUE An ordinance to grant to the Lake Erie & Western Railroad com- pany permission to extend, maintain and operate their side track and switch, now on Factory avenue, south and across Lima Road. (Passed April ii, 1887.) Sec. I. Be it ordained by the Council of the Village of Findlay, that permission and authority be, and the same hereby is granted to the Lake Erie & Western Railroad company, its successors and as- signs, to extend lay down, maintain and operate its side track and neces- sary switches, now on Factory avenue in said Village, from its present terminal point in said avenue south along the west side of said avenue over and across the Lima Road, and thence south along the east line of the southeast part of the southwest quarter of section twenty-four, in Township One, North Range Ten East, in Findlay Township, Hancock County, Ohio, (being land now owned by A. P. Byal, D. Joy, George B. Kerper and John A. Scott), to the south line of said section twenty-four. Provided, that said side track and switches shall be laid to the grade of said street and road, and that all street and alley crossings shall be made so as not in any way to unnecessarily interfere with, hin- der, obstruct or impede public travel or convenience. The said ex- tension having been asked for by lot and land owners by their petition presented to the Council and on file. FRANCHISE TO T., C. AND S. RY. CO.— BANK STREET. An ordinance to grant to the Toledo, Columbus and Southern Railroad company permission to construct, maintain and operate its railroad along and upon Bank street. (Passed January 6, 1888.) Sec. I. Be it ordained l)y the Council of the City of Findlay, Codii-'ikd Oudinancp:s 01" THE Cjty oe Findi.ay 151 Ohio, that permission and authority Ije, and the same is hereby grant- ed to the Toledo, Columbus and Southern Railroad company, and its successors and assigns, to lay down, construct, maintain and operate its railroad along and upon Bank street in the City of Findlay, Ohio, the entire length of said street as now laid out. Provided, that the track of said railroad shall be so laid as to conform to the grade of said street as now ordered to be established by the City Council and not ex- ceeding six inches in height above such grade ; and that all streets and alleys and sidewalk crossings shall be constructed and kept in repair by said company and made so as not to interfere with, hinder, obstruct or impede public travel or convenience ; and that the center line of said railroad shall be on the center line of said Bank street, and no side track shall be laid down or maintained on said Bank street and no dirt shall be borrowed from the sides of the line of said railroad to make the grade of the road bed, and said road bed shall be no wider than neces- sary to construct, maintain and operate thereon a railroad track of the standard guage ; and provided, further, that said company shall have said road completed and in operation to the south corporate line of said City or or before June ist, A. D., 1888, in default whereof this grant shall be void and stand revoked. Sec. 2. This ordinance shall operate to west side grant in said railroad company when the company file with the Clerk of the City its written acceptance of this ordinance and its terms and conditions, such acceptance to be signed by the President of said company within thirty days from the passage thereof. FRANCHISE TO N. F. M, AND W. R. R. CO.— LA GRANGE AVENUE. RESOLUTION. (Passed May 28, 1888.) Be it resolved by the Council of the. City of Findlay, that the New York, Mahoning & Western Ry. company be, and the same is hereby permitted and authorized to use and occupy so much as may be neces- sary in the construction of their road. La Grange avenue between the L. E. & W. Ry. and Lima avenue, and Sixth street from Lima avenue east to township line upon the terms and conditions that they con- struct said track so as to coniform to the present grade of Lima, Har- din, INTain and Blanchard streets to the acceptance of the Board of Im- provements or this Council, and to maintain street crossings with gate and watchman at IMain street crossing. That said company, without unnecessary delay, place such streets and avenues in such a condition as not to unnecessarily impair its former usefulness to the public or prevent or impede travel thereon. FRANCHISE— FINDLAY BELT LINE RAILWAY CO. An ordinance to grant to the Findlay Belt Railway company per- mission to use and occupy certain streets, avenues and highways in 152 C()i)iFJi:o Ordinances of the City of Findlay tlie City of Findlay, and lay thereon its tracks and maintain and operate a P>elt Railroad. ( Passed Nov. 12, 1889.) Sec. 1. Pe it ordained by the Council of the City of Findlay, Ohio, that jiermission be and the same hereby is given and granted to the Findlay Pelt Railway company, its successors and assigns, subject however to the terms, conditions and limitations herein after specified, to construct its railroad track and maintain and operate a Belt Rail- road in said City along and upon the following route, streets, ave- nues, and highways in said City : Commencing at the track of the Columbus, Findlay & Northern Railroad at Bolton street, thence north along P)olton street to Bigelow avenue, thence north about thirteen hundred and two feet, to a point west of the center of Burns’ avenue, as laid out from the east side of Main street east, thence east to the east side of Main street on Burns avenue, thence east on Burns avenue to Massillon street, thence south on Massillon street to Bigelow ave- nue, thence south to Ely avenue, crossing Meade, Harrington, Coving- ton, Tioga, Stanley and Massillon streets to and into said Ely avenue, thence along Ely avenue to \^ictor street, thence crossing Victor, Hill, Merger, Crystal and Johnson streets, to the section line east of Yerger addition to the south line of Yerger addition, thence east to the center section number eight, in Findlay township, Hancock County, Ohio, thence south to the Cleveland, Sandusky and Cincinnati Railroad, to- gether with all branches and side tracks, and switches necessary for the manufacturing and business interests tributary to or dependent upon said Pelt Railway. Sec. 2. The permission so given and granted by section one of this ordinance is so given and granted, however, upon the terms, con- flitions and limitations hereinafter expressed and which are made part of and incorporated in said grant that is to say : Sec. 3. That no more of said streets, avenues, or highways shall be taken, used, appropriated or occupied than is necessary for a single t^ack, unless witli the assent of the Council and abutting lot owners. Sec. 4. That the track shall be laid and constructed to the grade of the streets, alleys, avenues and highways, along and across which it may Dass, the ties not to be above the surface of the street. Sec. 5. That all street and alley crossings, whenever required by the Coimcil of said Citv, that is to say, where said railroad shall be constructed and maintained by said grantees, so as to afford safe and easy passage for the traveling public at all crossings, and in default thereof, that the City mav construct such crossings, at the cost and ex- pense of grantee or assigns and assess and make the same a lien upon the road as authorized by law in similar cases. Sec. 6. Th.at in the construction and operation of said road, no obstruction or hindrance to or any interference with the traveling pub- lic, or any ]iublic or private right shall be made or permitted. Sec. 7. That said grantee and its assigns, and said railroad shall be subject to all iiroper and reasonable rules, regulations and ordinances of said City applicable thereto, now in force or hereinafter to be jiass- Sec. 8. That said grantee and its assigns shall permit the con- CoDii'iiii) Ordinanci^s oi' the: City of Findlay 153 ncction by proper “Y” or other tracks between the track of said Belt Railroad, and the tracks of any other railway company, now or here- after operating' a railroad into or through said City and shall in every such case, ])ay one-half the cost of such connection and of the main- tenance and repair thereof, except that it shall in no instance he re- quired to pay for the construction, maintenance or repair of the half of more than 200 feet of each connection track. Sfc. 9. That said grantee and its assigns shall at all times so operate said Belt Road, and its branches, side tracks, switches and spurs, as to permit of their use and benefit on equal and like terms and conditions by anv and all railroad companies now operating or that may hereafter operate any railroad into or through said City, connecting with said Belt Road, and shall switch and transfer all cars from said roads to and from the consignors thereof, without any discrimination between said roads as to charges therefor, and shall not charge a greater sum for switching or transferring cars, or for use of said Belt Road to any railroad, that to any other company, it being the intent and meaning hereof, that no discriminations either in rate, charges or terms or conditions of uses, shall be permitted in favor of or against any railway company, firm, person or associations or corporation in the use of said Belt Road. Sec. 10. That said grantee and assigns for such switching, transfer or use of its track, therefor shall not charge more than two dollars per car. Sec. II. That if said grantee and its successors and assigns violate any of the provisions of Section 9, by discrimination or other- wise, it shall forfeit and pay to the company, firm or person so dis- criminated against, the sum of $100, to be recovered by such company, firm or person by civil action in any court of competent jurisdiction. Sec. 12. The said Belt Road shall be constructed, completed and in operation from the said commencement to the Lake Erie & Western Railroad within six months from the date of the passage hereof, and from said road to the Cleveland, Sandusky & Cincinnati Railroad, within twelve months from the date of the passage hereof, in default whereof this ordinance and all the grants, rights and privileges thereby conferred, shall be and become null and void, unless further time be given by the Council by resolution ; provided, however, that the Belt Railroad Co., execute their bond with anproved securities, approved by the Board of Improvements and the City Solicitor, in the sum of one hundred thousand dollars, that they will construct and finish the Belt Railroad to the C. S. & C., in eighteen months after the bond has been accepted and approved by the Board of Improvement and City Solicitor. Sec. 13. This ordinance shall take efifect as a contract, and said City and said grantees and assigns and as a grant of the privileges and franchises thereby conferred so soon as said grantee shall file with the Clerk of the City an acceptance of said ordinance and its terms and conditions in writing, signed by the President and Secretary of said. The Findlay Belt Railway Company. 154 CoDiiaiiD Ordinances oe trie City oe Findlay RESOLUTION. To extend time of building' Findlay Belt Line Railway. (Passed May 12, 1890.) Be it resolved by the Council of the City of Findlay, Ohio, that the Findlay Belt Railway Company be granted an extension of time for the completion of the Belt Railway from the C. F. & N. Railroad to the L. E. & W. Railway until January i, 1891, and of that portion from L. E. & M. Railway south to the C. S. & C. Railway until June i, 1891. AN ORDINANCE. To grant The Findlay, Fort Wayne & Western Railway Company right of way on, along and across certain streets and avenues. Be it ordained by the Council of the City of Findlay, Ohio: Sec. I. That there be and there is hereby granted to The Find- lay, Fort Wayne & Western Railway company the right to use and occupy so much as may be necessary in the construction of its road, La- Grange avenue between the Lake Erie & WTstern railway and Lima avenue, and Sixth street from Lima avenue east across Main street to the Township line, upon the terms and conditions that it construct said road and track so as to conform to the established grade of said street and avenues respectively, to the acceptance of the Board of Improve- ments and the Council and maintain the Main street crossing with gate and watchman, and that said Company without unnecessary delay, place such streets and avenues in such a condition as not to unnecessarily im- pair their former usefulness to the public or prevent or impede travel thereon, and that it will keep so much of said streets and avenues as is used by them in good order and repair. Sec. 2. That this ordinance shall take effect and be in force from and after the expiration of ten days after its first publication. Passed February 15th, 1892 . — VoL B, Page 235. AN ORDINANCE. To grant The Findlay, Fort Wayne & Western Railway Co., per- mission to use certain streets and alleys. Be it ordained by the Council of the City of Findlay, Ohio: Sec. I. That permission be and the same is hereby given and granted The Findlay, Fort W'^ayne & 'Western Railway company, its successors and assigns, subject however to the terms, conditions and limitations hereinafter referred to and made part hereof, to construct its railroad track and maintain and operate the same in said City along and upon the following route, streets, avenues and alleys to-wit : Commencing at a point in the main tract of said The Findlay Fort Wayne & Western Railway where the same crosses Factory street, thence north on Factory street to the first alley South of the Lantern Works Grounds: Thence crossing said alley and Northwesterly CoDiFTKD Ordinances of the City of Findlay 155 across said Lantern Works g-roimds to Lima avenue: Thence across said Lima avenue and north on first alley west of Factory street, crossing- Frey avenue to the Table Works and there terminate. Sec. 2. That this grant is made subject to the same terms, con- ditions and limitations prescribed in the ordinance of said city en- titled “An ordinance to grant to The Findlay Belt Railway company permission to use and occupy certain streets, avenues and highways, in the City of Findlay and lay thereon its tracks and maintain and operate the same, also to erect, maintain and operate a Union Pass- enger Station,” passed May 25th, 1891, which terms, conditions and (imitations are hereby adopted in the granting of this franchise and are made part hereof. Sec. 3. That this ordinance shall take effect and be in force from and after the expiration of ten days after its first publication. Passed May 15th, A. D., 1893. — Vol. B, Pages 23-51. AN ORDINANCE. Granting to the Toledo & Ohio Central Railroad company, its successors and assigns, the right to construct and maintain a railroad track accross I.aquineo and Larkin streets entering alleys in the City of Findlay, Ohio. Be it ordained by the Council of the City of Findlay, State of Ohio. Sec. I. That permission hereby is granted to the Toledo & Ohio Central Railroad company, its successors and assigns, to lay, con- struct and maintain a switch or line of track, starting from the main line of said Railroad, north of Laquineo street in said City of Find- lay, Ohio, and crossing said Laquineo street in a southeasterly direction and the north end of the alley running north and south on the east side of and parallel out the main track of said Railroad, and extending to and crossing the alley running east and west south of La- quineo street and crosssing Larkin street from lot number 3369 in said City to the factory site of the Buckeye Traction Ditcher company. Sec. 2. That said track or switch shall be constructed and main- tained upon and across said streets and alleys at grades to be furnished by the City Civil Engineer of said City and the construction thereof done and had under his supervision. Sec. 3. That the resolution for the purpose of granting permission to cross the above named streets passed October 25, 1909, be and the same hereby is repealed. Sec. 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed Nov. 22, 1Q09. Approved Nov. 22, 1909. — Vol. D, Page 285. AN ORDINANCE. Consenting to the use, by the Buckeye Pipe Line company, of cer- tain streets and alleys of the City of Findlay, Ohio, for purposes, and CoDii'JED Ordinances of the City oe Findlay 15(3 aiithorizinp;- said company to operate and maintain thereon a telegraph system. Whereas, for a number of years the Buckeye Pipe Line company, a corj)oration, has used for telegraph purposes, certain street and alleys hereinafter designated with the knowledge and consent of the City of Findlay and has operated and maintained a telegraph system thereon, and, Whereas, The Buckeye Pipe Line company desires the written con_ sent of the City of Findlay to use said route for said purposes for a period of twenty-five (25) years. Now therefore be it ordained by the Council of the City of Find- lav, State of Ohio. Sec. I. That, subject to the terms and conditions hereinafter set forth, the ordinances of the City of Findlay heretofore passed govern- ing the use of the streets, alleys, and public highways of- said City in the erection of telegraph systems and subject to such rules and regulations governing the use thereof as may hereafter be adopted by the City of Findlay, the consent of the City Council of the City of Findlay, Ohio, is herebv given to the said Buckeye Pipe Line com- pany to maintain and operate a system of telegraph including all neces- sary poles, wires, and fixtures within said City upon and along the fol- lowing route to-wit : Beginning at its offices in the Jones Building on West Crawford street thence west on West Crawford street to Cory street, thence north along Cory street to the first alley north of West Main Cross street, thence west in said alley to the right of way of the Lake Erie & Western railroad, thence northwesterly to the inter- section of the west line of said right of way with West Front street, thence west along WTst Front street to Factory street, thence south along Factory street to West Main Cross street, thence west along said West Main Cross street to the corporation line. Sec. 2. All poles shall be erected under the supervision and di- rection of the Citv Civil Engineer, and shall be erected so that neither they nor the wires strung thereon shall injure the support or work- ing of the lines of any other corporation, company, or individual, pre- viously erected and in such a manner as not to interfere with the pub- lic use of said highway or in any way to injure, obstruct or incon- venience any person in his rights to the free use of such highway as a public highway ; nor in such a manner as to obstruct or inconvenience any public or private drive or passageway, or injure or obstruct any sewer, water or gas line. vSaid company shall restore the surface of said highway, which may be disturbed bv it in the erection or main- tenance of poles, to the condition in which it is found. In case the poles of said company shall interfere with the change of grade or change of curb line of aiiv street or with any other public improvement, said company shall by order of the Council remove such poles at its own expense to conform to said improvement. All poles shall he straight and neatly shaven and safe for the pur- pose for which they are used, and shall be imbedded in the ground not less than five (5) feet and shall not extend less than thirty (30) feet above the surface of the ground. Sec. 3. Nothing in this ordinance shall be construed as to grant to CoDiinED Ordinances oe the City oe I'indlay 157 said company an exclusive ri^ht upon and alon^ the al)ove designated route. Sec. 4. The City shall be privile^-ed to use said poles in the operation of its tele^^^raph system, provided, such use shall not interfere with the use thereof by said company. Sec. 5. Said Company shall idemify and save harmless the City from any claim for damag-e by the construction or negligent main- tenance of said lines and shall be liable for any injury resulting there- from to public or private property of any kind whatsoever. Sec. 6. Said Company shall pay the costs of publication of this ordinance and shall hie with the Clerk of Council its written acceptance within ten (10) days of the date of its passage. Sec. 7. This ordinance shall take effect and be in force from and after its passage and due publication according to law, provided it is accepted by said Company within the time above provided. Passed May 3, 1909. Approved May 6, 1909 . — V oL D, Pages 251-252. FRANCHISE CENTRAL UNION TELEPHONE CO. An ordinance granting to the Central Union Telephone company the right to place and maintain its poles and lines on the streets of the City of Findlay, Ohio, on the terms and conditions therein stated. (Passed November it. 1888.) Sec. I. Be it ordained by the Council of the City of Findlay, Ohio, that the right is hereby granted to the Central Union Telephone company, its succcessors and assigns, to build and maintain on the streets, alleys and public ways of said City, the poles wires and fixtures necessary or convenient for the supplying to the citizens of said City, and to the public, communication by telephone or other improved elec- trical device, all on the terms and conditions herein set forth. Sec. 2. The location of the telephone poles now standing in said City is hereby approved if the same are purchased by said company and thereafter maintained in accordance with the terms of this ordinance, and any extension or change thereof shall be made under the directions of the Board of Improvements of said City Council. Sec. 3. The right hereby granted shall not be exclusive, but the Council reserves the right to grant a like use to any others, provided, the same shall not interfere with a reasonable and proper use of the privileges hereby granted. Sec. 4. Said poles shall be painted and kept painted, wires and fixtures shall be placed and maintained so as not to interfere with travel on said highways, and said eompany its successors and assigns, shall always hold said City harmless by reason of any failure so to do or negligence in said oceupancy, and Council reserves the right to pass any reasonable ordinance or regulations of a police nature which it may at any time be authorized and see fit to adopt not destructive of the right herebv given. Sec. 5. .No poles shall be placed so as to interfere with any sewer pipe or gutter authorized by Couneil, and in case of bringing to grade ■58 CoDiLnicD Ordinancf.s OF THE City of Findlay or change of ^radc on any street or alley said company shall, at its own expense, erect its poles so as to conform thereto. Si;C. 6. In consideration whereof said Central Union Telephone company shall a^ree to allow the City to attach at any time to any of said ])oles the City’s fire alarm or police wires, and said poles are made a municipal instrumentality for that purpose ; provided, said attach- ments and said City’s use shall not be so made or continued as to inter- fere with said company’s use, and said attachment shall be made and maintained under the direction of- said company’s manager in said City. The said company is to furnish for City business, free of charge, and with exchange service so long as an exchange is maintained hereunder : One telephone at the Mayor’s office, one at the residence of Chief of Fire Department, and one at each fire engine or hose house which the City maintains or may hereafter maintain, also such other telephones for the City’s business as the Council may hereafter by resolution re- fill ire at twenty-five per cent discount from the regular rates from time to time charged for business purposes ; provided, that for each of said telephones the Company’s regular form of contracts shall be jireviously signed containing the terms of payment herein provided for. AN ORDINANCE. Granting to the Findlay Telephone company the right to place and maintain its poles and lines on the streets and alleys of the City of Findlay, on the terms and conditions stated. Be it ordained by the Council of the City of Findlay, Ohio. Sec. I. That the Findlay Telephone company, its successors and assigns, be granted permission and authority to enter upon the streets, alleys and public ways in said City of Findlay, and to construct, erect and maintain on, along and over said streets, alleys and public ways, ])oles, wires aiid other appliances and fixtures for the purpose of erect- ing, operating and maintaining an electric telephone exchange to supply to the citizens of said City and to the public at large, communications by telephone or other improved device on the terms and conditions here- in set forth subject to all the general provisions of the statutes of Ohio and under such reasonable rules and police regulations relating respect- ing such streets, alleys and public ways as have heretofore been adopted by said Council provided, however, that no poles shall he erected on or along Main street between Howard run on the north and the Findlay, Ft. Wayne & Western R. R. on the south. Sec. 2. The authority and permission herein granted are subject to the following terms and conditions : — All ])oles used in the construc- tion and maintenance of said teleidione lines and planted upon or along any of the streets or alleys within said City of Findlay, shall be of sound cedar wood, properly trimmed or shaved and dressed down, and all poles on streets shall be kept painted. All poles and appliances of said Company shall at all times he kept in a good and safe condition and the said poles shall he so planted as not to in any unnecessary way ob- ject or interfere with the use of sidewalks, alleys and streets of said City, or unnecessarily hinder, obstruct or impede public travel thereon. CoDii'iKi) Okdinance:s of tiif City of Findlay 159 and all Hag'^ing- sidewalks and earth around each poles shall be well filled and levelled and shall be so maintained by the said Findlay Tele- ])hone Coni])any, its successors and assigns. Skc. 3. All streets, alleys and public ways upon which said com- ])any may enter for the purpose assigned shall be left in as good condi- tions as they were in at the time of said entry, and no pole shall be so ])laced as to interfere with anv sewer pipe, gutter or gas or water pipe located in such streets, alleys or public ways, placed by order of City Council or board, of gas Trustees or Board of Water Works Trustees of said City. Sfc. 4. The cross-arms, brackets, insulators, pins and wires, shall be so attached to said poles placed upon the streets as not to be less than twenty feet above the ground and wires or cables thrown across any street shall not be less than twenty feet above the ground at any point. The steps or attachments for climbing any poles shall not be nearer to the ground than six feet and in all cases such poles and wires attached thereto shall be so erected and constructed as to in no wise come in contact with or interfere with any fire alarm, telegraph or other wires used by said City of Findlay, or in any department of said City. Sfc. 5. Said, The Findlay Telephone company, its successors and assigns, shall at all times save the Citv of Findlay harmless from any neglect or damage arising from the exercise of rights herein granted, and the said company shall be liable to the said City for any damage that may occur in consequence of any carelessness in the erection of said poles or in the maintenance of said lines in the City. Sfc. 6. Said telephone line shall be erected and constructed under the supervision of the City Civil Engineer and at the expense of the said The Findlay Telephone company and the said City shall have the right to use the poles of said company should it so desire for the purpose of supporting police, fire alarm, telephone and other wires ^or City purposes provided : — That the use of said poles by said City shall not interfere with the wires of the said. The Findlay Telephone com- pany. Sfc. 7. The said, Findlay Telephone company shall furnish for the City business free of charge with exchange service, so long as the exchange is maintained hereunder : — One telephone at the Mayor’s of- fice, one at the City clerk’s oftice, one at the residennce of the Chief of the Fire Department, and one at each fire engine house which the city now maintains or may hereafter maintain. Sfc. 8 . It is further ordained that, as a condition of this grant, the said. The Findlay Telephone company, its successors and assigns, shall commence the construction of this plant in good faith within six months after the acceptance of this ordinance and prosecute the same to completion without unnecessary delay, and thereafter shall maintain and operate said plant continuously during the term of this grant. The charges for rentals of telephones and all services within said City within one mile of the Court House in any direction, shall not exceed the price of Twenty-four (v$24.oo) Dollars for business tele- phones and Twelve Dollars per year for residence telephones and if said The Findlav Telephone company, its successors and assigns, shall in- crease the price for the use of its telephones above the price in this i6o CoDii'iKD Ordinancks or the City or Findlay Kcclion, or sliall fail to commence the construction of this plant with- in the time limited or fail to maintain the same continuously, then the ri^iit of said company, its successors and assig'us, shall terminate. Skc. 9. This ordinance shall be accepted by the said, The Findlay feleidione company within thirty days from and after its final passage and a])proval. The rights herein granted shall continue in force for and during the period of twenty-five years from date of passage of this ordinance. v^RX\ 10. This ordinance shall take effect and be in forc'e from and after its passage and regular publication provided, it is accepted as aforesaid. Passed April 12, A. D., 1897. — VoJ. C, Page 77. JN ORDINANCE. To grant to the United States Telephone company the privilege to erect, plant and maintain a line of electric telephone poles, wires and ap- purtenances along and upon Cory street in the City of Findlay, Ohio, and in other places as follows : Sec. I. Be it ordained by the Common Council of the City of Findlay, Ohio, that the right is hereby granted to the United States Telephone company, its successors and assigns, for the term of ten years to erect, construct, maintain and operate a toll line of telephone poles, wires and appurtenances on the east side of Main street from the north corporation line of the City of Findlay to the intersection of Bigelow avenue, thence west on Bigelow avenue to Broad avenue, thence south on Broad avenue to an interesection with its own line at th^ Broad avenue bridge: and from an intersection with its own lines on Cory street at the intersection of said Cory street with Sandusky street, tb.ence along said Cory street and the alley projected south to the intersection of Teffras avenue, thence along said Jeffras avenue to the intersection of Main street, and thence along the east side of said street to the south corporation line of the City of Findlay, Ohio, also from an intersection with its own lines on the corner of Cory street and the first alley north of Lima street in a westerly direction to Factory street, thence south to Lima street, thence west to Lake Erie & Western R. R. com])any, thence along the said railwav on a private right-of- way to the west corporation line of the City of Findlay, Ohio, provided, however, that before any poles are erected by said grantee, its suc- cessors or assigns, under tins grant, satisfactory arrangements and set- tlements shall be by it or them made with the owner of lots and lands on said street adiacent to that point where said poles are located. Sec. 2. This ordinance is granted subject to the same terms and conditions as the ordinance entitled “An Ordinance to grant to The Western Telephone and Telegra])h coiujiany the right to erect, main- tain and plant a line of electric wires along and u])on certain streets in the Citv of Findlav, Ohio,’’ passed by the Common Council of the City of Findlav July 13, 1896. Sec. 3. This franchise and right is granted on the condition and CoDiinKD Ordinances of the City oe Findlay i6i with the express stipulation that this franchise shall not be sold, transferred, leased nor assigned, without the consent of the Council thereto first given by amendment to this ordinance ; nor shall any use of the telephone line erected under this ordinance be granted or permitted by said company without like consent of the Council first obtained. Sec. 4. This ordinance shall take effect and be in force from and after ten clays after its passage and legal publication. Passed November 27, A. D., 1899. — Vol. C, Page 67. AN ORDINANCE. Granting to Findlay Home Telephone company the right to erect, maintain and operate a telephone exchange and system of Telephone lines in the City of Findlay. Be it ordained by the Council of City of Findlay, Ohio. Sec. i. That the Findlay Home Telephone Company, their as- sociates, successors or assigns, for and during the term of twenty-five years from the passage of this ordinance, be and they hereby are em- powered and authorized to build, accj[uire, operate and maintain a tele- phone exchange and system of telephone toll lines in connection there- with in the City of Findlay, Ohio, and for that purpose are hereby authorized to enter in, upon, and use the streets, alleys, avenues and other public places and grounds of said City for the purpose of erecting and fixing the necessary poles, wires ancl all things requisite to the successful maintenance and operation of said telephone system both aerial and under ground. Sec. 2. That in pursuance of the rights herein granted said. The Findlay Home Telephone Company, their associates, successors or as- signs, are hereby required to locate the poles, posts and other struc- tures so as not to interfere with public travel, nor the flow of water or drainage within said City, and are further required to replace any and all portions of the street, alleys, avenues or other public grounds within said City which may be by them interfered with in the erection, maintenance, operation or abandonment of said Telephone system in as good condition as they were prior to such interference or use. Sec. 3. Be it further ordained that The Findlay Home Telephone company, their associates, successors or assigns, are hereby limited in the prices to be charged for regular exchange service within the cor- porate limits of said City of Findlay, under the powers herein granted as follows, to-wit : — The charge for residence service shall not exceed $12.00 per annum, and the charge for offices shall not exceed $24.00 per annum and the charge for business service shall not exceed $30.00 per annum, all payments payable quarterly in advance. Sec. 4. Be it further ordained that the rights herein granted shall . lapse and become void unless the said The Findlay Home Telephone company, their associates, successors, or assigns, shall begin the work of erecting said telephone exchange within two months from the time this ordinance takes effect, and have the same completed within twelve I months threafter, provided, however, that if delayed in the progress of i 62 CcDii'iii:D Ordinances of the City of Findlay said work by strikes, lej^al proceedings, or other unavoidable cause or causes, then the limitation as to the commencement of the work and the completion of the same is hereby extended for such period as the said. The Findlay Home Telephone company, their associates, succes- sors, or assigns may be so delayed. Sec. 5. Be it further ordained that in consideration of the rights herein granted and as a pre-requisite to the enjoyment of the same, the said. The Findlay Blome Telephone company, its successors, as- sociates or assigns, shall furnish to the City of Findlay such number of telephones to be located at places designated by City Council of said City and not to exceed ten (10) in number as may from time to time be required, and to maintain the same in good order and to operate such telephones in connection with their central office or exchange within said City free of all expense to said City and all additional tele- phones required by said City, or any of the boards thereof, at the rate of one dollar per month. Sec. 6. All poles and posts used in the construction of said ex- change shall be straight and sightly and shall be painted and kept in good order. Sec. 7. That the City of Findlay shall have the right to fix to the top of any and all poles erected under this franchise the necessary fix- tures to carry its fire alarm and police patrol wires, and said City shall have for said purpose the exclusive use of the two outside pins on the top arm of each pole and said wires shall be located and erected un- der the direction of the manager or superintendent of said company. Sec. 8. All poles, posts and other fixtures shall be located subject to the limitations hereinbefore provided under the direction and with the consent of the Board of Improvements and City Engineer of said City of Findlay, due regard being had for the convenience and wel- fare of said, The Findlay Home Telephone company, their associates, successors or assigns. Sec. 9. This ordinance shall take effect and be in force from and after the earliest period allowed by law, and all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. Passed July 2, A. D., 1900. — V ol. C, Page 97. AN ORDINANCE. Granting to T. W. Klingenberg, his successors and assigns, the right to establish, maintain and operate a system of waste paper re- ceptacles in the City of Findlay, Ohio. Be it ordained by the Council of the City of Findlay, Ohio. Sec. I. That the right and authority is hereby given and granted to T. W. Klingenberg, his successors and assigns, to establish, maintain and operate along the streets, alleys and sidewalks and public places of the City of Findlay, Ohio, a system of metal boxes or recejitacles for the temporary reception and accumulation of waste paper, trash and lit- ter. Said right and authority is hereby given and granted to said T. W. Codified Ordinances of the City of Findlay 163 Klin^enberg-, his successors and assigns, exclusively,, for the period of ten (10) years. Sec, 2. Said boxes or receptacles shall be constructed of sheet iron or other equally desirable material, and shall be put together in a workman-like manner, and shall not be larger than the following dimen- sions, to-wit : The said receptacles shall sit upon legs not more than (8) inches high; the receptacles proper shall not be of a height greater than forty-eight (48) inches in the clear, and shall have a top sign thereon not greater than six (6) inches in height, and shall not be more than thirty (30) inches in greatest width and twenty-four (24) inches in the narrowest width. They shall be designed and constructed in a manner suitable for the temporary reception, deposit and accumula- tion of waste paper, as well as such other trash and litter which is ordinarily thrown upon the public streets and highways. They may be placed in and along such streets, alleys and sidewalks in the City of Findlay, as Board of Public Service may select, and the number of boxes to be so placed and maintained shall not be less than one hundred (100). Sec. 3. Said T. W. Klingenberg, his successors and assigns, shall keep and maintain said boxes or receptacles in first-class mechanical condition, in consideration of which T. W. Klingenberg, his successors and assigns, shall have the exclusive right, privilege and authority to place advertisements on said boxes or receptacles for the benefit of him- self, his successors and assigns, provided, however, that no advertise- ment of immoral or disreputable character shall be placed thereon. Sec. 4. Said City of Findlay shall at all times and as frequently as shall be necessary remove, at its own expense, all waste paper and other litter that shall be deposited in said boxes or receptacles, and shall keep said boxes or receptacles in a clean and sanitary condition. Sec. 5. Said T. W. Klingenberg, his successors and assigns, shall file with the Clerk of the City of Findlay his or their written ac- ceptance of this ordinance within ten ( 10) days after its pasage and publication, and the work of establishing and maintaining said system of boxes or receptacles as herein provided shall be begun within sixty (60) days after the filing of said acceptance. Sec. 6. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed March 2, 1903. — V ol. C, Page 247. INDEX Section ABUSING FAMILY— = . {See Misdemeanors) 15^ ADVEBTISKMENT— . \ ■ (See Anntings and Signs) 23 AMUSEMENTS— {See Licenses) 116-119 Immoral, prohibited 120 ANIMALS— Not to run at large i Penalty for running at large 2 Duties of officers as to, at large 3 Not to tie so as to graze on streets 4 Penalty for grazing on streets 5 Horses, mules, etc., not to stand untied 6 Penalty for violating Section 6 7 Dogs not to run at large without license 8 License fees for dogs 9 Dogs to be muzzled June 15 to Sept, i i Bounty for dogs at large *ii Dog pound provided and redemption 12 Penalty for removing collar or tag from dog 13 Disposition of dog license fees 14 Not to be sold at auction on streets 15 Penalty for violating Section 15 • 16 Stallions, etc., not to be exhibited on streets 17 Stallions, keeper not to annoy neighborhood 18 Cruelty to prohibited 19' Penalty for violating Section 19 20 Diseased, certain not to be kept 261 (See fowls, puhliQ health, sidewalks, streets and sidezvalks, Szinne) ii Index ASvSIGNATlON MOUSE— Sec. {See Misdemeanors) 155-158 AUCTIONEERvS— {See Lieehses) 86 AUDITOR— {See Of deers) 176 AUTOMOBILES— Dray^, Lieenses, Vehieles) Minors under 16 years not to drive 458 To have mufflers - 461 Motor to be stopped when at rest 462 Road ordinance applies to 444 AWNINGS AND SIGNS — Bill Posters) Height of 21 Penalty for violating Section 21 22 Not to post on telephone and telegraph poles 23 Penalty for violating Section 23 24 BARRED WIRE FENCES— Not to he constructed 25 Not to be maintained 26 Penalty for 27 BARN— {See Publie Health) 209, 246, 271 BEGGAR— (See Misdemeanors) 150 BICYCLE— {See Streets and Sidewalks, Vehieles) 444 Not to ride on sidewalk 355 Rules of road 444-467 BILL POSTERS— {See Lieenses) : 128-131 •BOARD OF HEALTH— fSW Publie Health) Created 28 Rules of {See publie health) 208-301 BOWLING ALLEYS— (See Lieenses) 103-104 Index 111 BUILDINGS— Sec. To be numbered 29 How numbered 3® City may number if owner fails 31 Officer not to be interferred with when numbering 29 Permits to erect 33 Penalty for failure to get 34 Mayor to issue permits, fees 35 Mayor to record permits 36 Regulations as to theatres, etc 37 Aisles to be kept clear 38 Curtains for theatres 39 Flues on stage of theatres 40 Electrician required 40 Stand pipe and hose system 41 Penalty for violating Sections 37-41 43 (See house movers, Ueenses) BUILDING PERMITS— (See Buildings) 33-36 BURIALS— (See Public Health) 221,222 BURIAL PERMIT— (See Public Blealth) 221 CARCASS— (See Public Health) 243, 248 CATCH BASINS— (See Public PI ealth) : 254 CARS— (vSVc Misdemeanors, Railroads, Street Railways) Jumping on 107 Stealing ride on 171 CELLARS— (See Public Health) 243, 255 CESS-POOL— (See Public PI ealth) 210, 21 1, 212 CHATTEL MORTGAGE AND SALARY LOAN BORER- (Sec Licenses) 99-102 IV Index CITY OFFICERS— Sec. '/ {See Officers) 176 CIRCUS— [See Licenses) 117, 118 CLAMOR AND NOISE— ■ ‘ {See Misdemeanors) 153 COCK FIGHTING— {See Misdemeanors) 168 CONCERT— {See Licenses) n6 CONTAGIOUS AND INFECTIOUS DISEASES— {See Public Health) 223-225 CORPSE— {See Public Health) 221 COSTS- {See Pines and Costs) 47 COUNCIL— Time of meeting 44 CRIMES AND OFFENSES— {See Misdemeanors) 150- 173 CURFEW— Fire chief may ring 163 DEAD ANIMALS— ( See Public Health ) 242-248 DISEASED MEATS— {See Public Health) * 258 DISORDERLY CONDUCT— (See Misdemeanors) 151-154 DISORDERLY HOUSE— {See Misdemeanors) DISTURBER OF THE PEACE— {See Misedenicanors) 150 DISTURBING PUBLIC PEACE— {See Misdemeanors) 153 Index V DOGS— . Sec. (See Animals) ' 8-14 ‘ DOG FIGHTING— , .. (See Misdemeanors) 168 DRAINS AND SEWERvS— ^ (See Sewers) 319-342 (See Pnblie Health) 254, 255 DRAYS AND CARTS— ^ ’ (See Licenses) 109-114 DRIVING— (See speed of locomotives, etc.) 429 (Streets and Sidewalks) -—347, 355 DYNAMITE— Limit of to be stored 45 Peiiaity 46 ELECTRIC LIGHTS— (See Lights) : I45"i49 ELECTRICITY— (See Street Raihvays) 372 ENTERTAINMENTS— (See Licenses) 116-120 EXPECTORATING- (See Garbage and Off all) 68 EXPLO S I VE S — ( N ce Dynamite ) FAMILY— (Sec Misdemeanors) 150 FAST RIDING OR DRIVING— (5cc Driving) FIGHTING— (See Misdemeanors) 153 FINES AND COSTS— To be deposited in general fund 47 FIRE ALARM BOX— Not to tamper with 5i, 5^ VI Index FIRE ARMS— Sec. Prohil)itcd 55"57 FIRE CRACKERvS— Prohibited 55~57 FIRE DEPARTMENT— Number of men, salaries 48 Absence and vacation 49 Classified 50 Unlawful to tamper with fire alarm box 51? 52 Boilers, etc., to have spark arresters 53, 54 FIRE WORKS— Prohibited 55-57 FOOD- (See Public Health) 259 FCJVV'LS — (Sec Animals) Not to run at large i FRANCHISES GAS AND GAS LINES— David Kirk 108 James W. Kirkbhide and E. C. Taylor 109 James Kirkbride and E. C. Taylor iii Citizens Gas bright and Heating Co 113 Logan Natural Gas and Fuel Co 117 LIGHT— Hancock Light and Power Co 121 PIPE LINES— Findlay Pipe Line Co., fPetroleumJ 121 Buckeye Pipe Line Co., f Petroleum, Oil and WaterJ 122 T. H. McConica (^Steam and Hot Water j 123 Charles F. Smith Water for heatingj 125 STREET RAILWAYS— Findlay and Southern Railway 127 The Findlay and Marion Electric Railway Co 129 Findlay-Marion Railway and Light Co 133 Findlay,- Kenton, Bellefontaine and Urbana Electric Light Co 135 Indkx vii Sec. Georg-c B. Kerper 138 George B. Kerper 141 Findlay Street Railway Co., fTo Pave tracks^ 141 Findlay Street Railway Co., (^Required to operate by Electricity j 142 Theo. Wentz, (T. F. & F. Ry.J 142 Theo. Wentz, (^T. F. & F. Ry. amendment j 147 STEAM RAILROADS— Fremont and Indiana Railroad Co 149 L. E. & W. Railroad - 149 L. E. & W. Railroad 150 T. C. & S. Ry. (Bank Street j 150 N. Y. M. & W. Railroad - 151 Findlay Belt Line Railroad 151 Findlay, Fort Wayne & Western Railroad 154 Findlay, Fort Wayne & Western Railroad 154 Toledo & Ohio Central, (^Laquineo Streetj 155 TELEGRAPH— Buckeye Pipe Line Co 155 TELEPHONE— Central Union Telephone Co 157 Findlay Telephone Co 158 United States Telephone Co 160 Findlay Home Telephone Co 161 WASTE PAPER RECEPTACLES— T. W. Klingenberg 162 FRUIT— (See Public Health) 259 FUNERALS— (See Public Health) 221, 222 GxVMBLER— (See Misdemeanors) 150 GAMBLING— (See Misdemeanors) 164-167 GAME— (Sec Misdemeanors) •. 150 Index viii (xAMJiUNG INSTRUMENTS— Sec. (See Misdemeanors) 167 GARBAGE AND OFFAL— Defined 58 Rubbish defined 59 Cans to be provided 60 To be removed 61 Not to throw on streets 62 Rubbish not to throw on streets 63 How removed 64 Limitation of application 65 Penalty 66 Receptacles on streets 67 Expectoration on sidewalk 68 Location of receptacles 69 Duty of police as to 70 (See also public health) GAS INSPECTOR— (6>c Officers) GAS METERvS— (See Officers) 170-186 GAS AND WATER PIPES— Gas and water pipes 329, 394 GAS AND OIL WELLS— Not to be drilled within 200 feet of dwelling GAS AND GASOLINE ENGINES— To be equipped with mufflers 174, 175 GLANDERS OR FARCY— (See Public Health) 261 GOLDENROD— (See Public Health) 262 GUARD WIRES— At all line crossings 73, 74 HAWKERS AND PEDDLERS— (See Licenses) 124- 127 health— (N cc Board of, Public Health) HEALTH OFFICERS— (Ncr Public Health) Act of the act of Board 264 Index IX HIDES— Sec. {Sec Public Health) 240 HOGvS— {Sec Public Plealth) 208,209 HOUSE MOVER— {See License) 121-123 HOUSE NUMBERING— ( 5 ^^ Buildings) To be numbered 29 Sentenary system 30 Size of 31 Penalty for interfering with 32 HOUSE OF ILL FAME— (See Misdemeanors) 155-158 ICE— (See Public Health) 263 IMMORAL SHOWS — (See Lictiiscs) 120 IMPURE FOOD-- (See Public Health) 259 INFECTIOUS DISEASES— (See Public Health)'- 224, 225 INTOXICATING LIQUORS— (Sec Saloons) 302-318 INTOXICATION— (See Misdemeanors) 153 ITINERANT VENDERS— Licenses) JUNK SHOPS— (See Licenses) 107, to8 JURIES— Jury box, filling 75 Drawing 76 Panel, challenges 77 Filling panel 78 Accused to be present 79 To be sworn 80 X Index LICENSES— Sec. Issued by Mayor 8i For shooting galleries 82,83 Licensee liable for damages 84 : Penalty for not procuring 85 For sale of goods in streets at auction 86-88 For sale of goods on streets 89-91 For vault cleaners 92-94 For pawn broker 95~98 For chattel mortgage and salary loan broker 99-102 For bowling alley 103-104 For street musicians 105, 106 For junk shops 107-108 For drays and carts 109-111 Licensed drays to be numbered 112, 113 Location of drays 114-115 For theatrical exhibitions and shows 116 F'or circus or menagerie 1 17-118 For theatres 119 Immoral shows prohibited 120 For house movers 12 1- 123 For hawkers and peddlers 124- 127 For bill posting 128, 129 Limitation on ordinance 130 Penalty 13 1 LIGHTING RAILROADS— Toledo and Ohio Central 132- 134 Columbus, Findlay and Northern I35"i36 Findlay, Ft. Wayne & Western I37"i39 Lake FEie & Western 140- 142 Cleveland, Cincinnati, Chicago & St. Louis 143-144 LIGHTS— Public and commercial 145 Price shall cover meter and repairs 146 Minimum charge 147 Private consumers 148 Discount 149 Minimum charge 149 Price covers meter and repairs 149 MANURE— (See Public Health) 241 INDKX xi MARKET PLACE— Sec. Established 500 Rules of curb market - - 500 milk— (See Public Health) 266-301 MINORS— Under 16 not to operate automobile, etc 458 Not to loiter on streets after night 159 MISDEMEANORS— Vagrants, beggars, suspicious persons 150 Disturbers of public meetings 15 152 Disorderly conduct 153, 154 Houses of prostitution 155 Msitors, female 156 Visitors, male 157 Premises not to be rented for 158 Minors not to loiter on streets 159 Custodian not to permit 160, 161 Duty of police officers as to , 162 Fire chief may ring curfew 163 Gambling houses 164 Visiting gambling houses 165 Gambling prohibited 166 Gambling instruments to be destroyed 167 Dog and cock fighting 168-169 Railway or street cars, jumping on 170 Street cars, stealing ride 171 Vehicles, jumping on 172, 173 MOTOR CYCLES— (See Vehicles) 444-467 MUFFLERS— Gas and gasoline engines to have 174- 175 Automobiles to have 461 NIGHT SOIL— (See Public' Health) 229-236 NOISE — (See Misdemeanors, Mufflers) OBSCENE LANGUAGE— (See Misdemeanors) 153 xii Index OFFENSIVE MATTER— (See Publie Health) Sec. OFFICERS— Salaries and bonds 176 Salaries, how payable 177 Duty of Clerk of Council 178 Inspector of gas 179 Appointment and bond 180 Duties of inspector of gas 181 When meter deemed correct 182 Notice and certificate 184 Fees of inspector 183 Access to factories 185 Council to provide appliance 186 Street commissioner, appointment 187 Sidewalk inspector 188 City Engineer 189 Records to be kept 190 PARKS AND PUBLIC BUILDINGS— Unlawful to injure 191-192 PAWN BROKERS— (See Lieeuses) 95-98 PEDDLERS— (See Licenses) 124-127 PEDESTRIANS— To have preference at crossing 463 PERSON WHO ABUSES FAMILY— Person who abuses family 150 PEST house— (See Public Health) 223 PICKPOCKET— (See Misdemeanors) 150 POLICE COURT— PvStablished 193 Police judge abolished 194 Mayor vested with powers of 195 City solicitor to be prosecutor of 196 Bond of clerk of 197 Index Xlll POLICE DEPARTMENT— Sec. Number of officers 198 Salaries - I 99 Bonds 200 Classified 201 Resisting officers 202 Penalty 203 Uniforms - 204 Equipment 205 To be returned 206 To be worn, when 207 POSTERS— (See Azvniiigs and Signs) 23 PRIVIES— (See Piiblie Health) 210, 21 1, 212, 213, 226, 227, 228, 244 PROFANE LANGUAGE— (See Misdemeanors) 153 PROSTITUTE— (See Misdemeanors) 150, 155-158 PUBLIC HEALTH— Hogs and sheep, keeping of 208 Location of hog pens 209 Location of barns 209 Privy vaults 210 Contents, how conveyed 21 1 To be first disinfected : 212 Who may remove : 213 Slaughter houses 214 Rendering impure animal matter, prohibited 215 Nauseous oders, how cared for 216 Putrid substances 217 Rules of Board of Health to be obeyed 218, 219, 220 Duty of undertakers 221,222 When burial must take place 222 Pest house 223 Regulation of contagious and infectious diseases 224 Regulation of schools in case of 225 Buildings to be provided with privies 226 Location of 227 Privy vault not to be located near water supply 228 XIV Index Sec. Night soil — not to bury 229 l^ermit to transport night soil 230 Who may remove 231 How to be removed 232 Vessels not to stand in streets 233 When to be removed 234 Not to remove without permit 235 Price for 236 Fold liquids to be taken care of 237 Fat — rendering op etc 238 Slaughter houses 239 Hncured hides 240 Removal of manure 241 Dead animals — not to bury 242 Cellars, etc. — not to remain offensive 243 Openings between buildings not to be used as privies 244 Offensive matter to be cared for 245 Animals — not to keep where offensive 246 Offensive matter not to be used to fill low places 247 Dead animals not to lie on streets 248 Regulations as to employees 249 Limitation on tenants 250 Permits to remove offensive matter 251 Dump grounds 252 Protection of river 253 Catch basin — how cleaned • 254 Drainage of cellars, etc 255 Slop bowls to be removed 256 Traps — when to be provided 257 Diseased meats — prohibited 258 Food regulation 259 Sausage and meat preparations 260 Amimals with certain diseases not to be kept in city 261 Certain weeds prohibited 262 Ice — Where not to be cut 263 Health officer’s acts to be held acts of board 264-265 Penalty 265 RULES AND REGULATIONS OF THE BOARD OF HEAT.TH CONCERNING SALE MILK AND CREAM— Record of persons engaged in business 266 Permits required 267 Indkx XV Sec. Fee for permit 2O8 When permits are issued — application 269 Conditions required 270 Permit to be issued, when 271 Permit — when revoked 272 Inspection of dairy herds 273 Health officers to have right to inspect 274 Herds within county — how inspected 275 Not to sell milk from diseased cow 276 Right to take sample of milk for inspection 277 Milk wagons to be labeled , 278 Dairy premises — how kept 279 Requirements of milk 280 Requirements as to stables and feed 281 Requirements as to milkers 282 Care of milk 283 Care of bottles, cans, etc 284 Persons with contagious or infectious diseases not to milk, handle milk or vessels 285 Dealers to post names of dairymen whose milk is bought.... 286 Board may open vessels to make inspection 287 Board to keep records of proceedings 288 Cream 289 Impure milk to be confiscated 290 Slop not to be kept for purpose of feeding cows 291 Milk tickets not to be re-issued 292* Limitations of rules 293 Repeals 294 Penalty 295 Sanitary district 296, 298, 297 Sewer connections — when to be made 299 Notice by Board of Health 300 Penalty 301 PUTRID SUBSTANCE— (See Public Health) 217. 237, 247 RAILROADS — (See lighting railroads, speed of lacomotives) REFLSE — (See Public Health) (Garbage, offal and zvaste) RENDERING FAT— (See Public Health) 215, 138 XVI Index RKPKALvS— Sec. Repeals 498, 499 RIDING— (See speed of loeomotives and other vehieles) 429 RIOTING— (See Misdemeanors) 153 SALARIES— (See offieers) 176 SALOONS— To be closed in night season 302 Limitation 303 To be closed on Sunday 304 . Screens to be taken down 305 Penalty 306 Not to be kept near school or college 307 Penalty 308 Not to employ female waitresses 309 Females not to be employed , 310 Penalty 311,312 Shows prohibited in 313 Wine rooms not to be attached to 314 Penalty , 315 Not to sell to persons in habit of becoming intoxicated .... 316 Not to furnish to persons in habit, etc 317 Security for costs not rerjinred 318 SAVING CLAUSE— Saving danse 499 SEWERS— (See Public Health) 254-257 District No. i 319 District No. 2 320 Subdivision of District No. 2 321 Connection with requires consent of engineer 322 Permits of engineer 323 A])plication for permits -324 Notice to be given engineer for opening street 325 Notice to be given engineer before connection 326 Notice before e.xtension can be made 327 How new junction made 328 Index xvii Sec. Water and gas pipes in way of 329 Connection to be under supervision of engineer 330 Excavation — regulations as to 331 Openings and obstructions to be guarded 332 Size of connection 333 Catch basins — when required, etc 334 Ends of pipe to be guarded 335 Material 336 Inside of sewer to be left smooth... 337 Back filling — how done 338 Drains where public sewers not laid 339 Penalty 340 Fixtures for slop connections 341 Permits to be returned 342 SHOWS— (See Licenses) 116-120 SIDEWALKS— {See Streets and Sidewalks) : 343"369 SIGNS— (See Aziniings and Signs) 21-24 SINKING FUND— Created 426 SKINS— (See Public Health) 240 SLAUGHTERING ANIMALS— (See Public Health) 214,239 SPEED OF LOCOMOTIVES AND OTHER VEHICLES— Speed of 427 Penalty 428 Of horses and other animals and bicycles 429 Penalty : 430 SPITTING— (Garbage and Offal and Waste) ^ 68 STONES— (See Streets and Sideivalks) 353 STRAW— (See Streets and Sidezvalks) 353 xviii Index STREET CROSSING— Sec. (Sec Streets and Sidewalks) 343, 344 Pedestrians shall have preference at 463 STREET RAILWAYS— (See Fran cli ises ) — Required to sprinkle rig^ht of way over paved streets 370 City may do at expense of Company 371 To be operated by electricity 372 System — poles — kind of 373 Conductors to be employed on all cars 374 Penalty 375 Street Railway routes 1 to 6 376 Motive power 377 Tracks to conform to surface grades 378 Standard gauge 379 To keep streets in repair 380 Pest materials required 381 Grants to subject to 2501 to 2505 Revised Statutes 382 Grants to be subject to reservation 383 Grants to lowest bidder 384 Route No. 40 385 Conditions of grant 386 Motive power 387 Improved motor cars to be maintained 388 Poles to be kept in repair 389 City to be indemnified against damages 390 Right of way to be kept in repair 391 Reservations 392 When to be completed 393 Gas and water pipes — right to lay and maintain 394 Franchise to be for twenty-five years 395 Not to be assigned 396 Acceptance to be made in writing 397 Cars to stop for passengers at street crossings 398 Fares in case of merger 399 Waiting and baggage rooms to be provided 400 Location of tracks 40T Sealed proposals to be received 402 Route No. 41 403 Rails — grade, etc 404 To pave certain streets 405 Motive power 406 Tndkx XIX See. Improved cars to be maintained 4^7 Poles to be kept in good repair 408 City to be indemnified agains damage 409 Repair of streets by Company ^ 410 Reservation 4 ^^ Limitation of time of construction 412 Gas and water pipes 4^3 Franchise for twenty-five years 414 Franchise not to be assigned 415 Acceptance — In writing 416 Cars to stop at crossings 4^7 Fares in case of merger 418 Waiting and baggage room required 419 Location of tracks 420 Sealed proposals to be received 421 Route No. 42 422 Motive power » 423 Grant to be for twenty-five years 424 Scaled proposals to be received 425 STREETS AND SIDEWALKS— Not to obstruct with cars, etc 343 Penalty 344 Not to feed animals on Broadway 345 Penalty 346 Fast riding prohibited * 347 Penalty 348 Sidewalks not to be obstructed with merchandise, etc 349 Temporary obstructions 350 Penalty 351 Sidewalks to be kept in repair and free from nuisance 352 Not to drop rubbish on from wagons 353 Penalty 354 Not to drive over sidewalks 355 Penalty 356 vSnow and ice to be removed from sidewalks 357 Excavations in paved streets 358 Street excavations — permit required 359 Deposit covering — bond — conditions 360 Excavations how guarded 361 Opening — how long may remain — how filled 362 Permit — officer may demand exhibit of same 363 XX Inde;x See. Exceptions — who need not obtain permit 364 Paving- owner to be notified by clerk 366 Clerk’s return 366 Non-resident owner — publication 366 Time within which pipes and conduits shall be paid 366 Streets not to be disturbed thereafter for three years 367 Removal from earth from — destruction of sidewalks, prohibited 368 Penalty 369 (See also vehicles, speed of locomotives, etc.) SUNDAY— (See saloons) .304-306 SWINE — (See animals, public health) TELEGRAPHS— fNcc franchises, also chapter XXXI.) THEATRES— (See licenses) , 116, 119, 120 THREATENING— (See misdemeanors) 153 TIRES— Width of — how determined 436 Penalty 437 TREES— How trimmed 438 P>y whom 439 Penalty 440 Unlawful to destroy 441 Unlawful to tie domestic animals to 442 Penalty 443 TRUSTEICS OF SINKING FUND- (See sinking fund) 426 UNWHOLESOME FOOD — Public Health) VAGRANTS— (Sec misdemeanors) 150 VAULTS — (Sec Public Health) Indivx XXI VEHICLES— licenses, speed of locomotives, tires) Sec. Defined 444 Who shall comply 445 How driven 44^ When meeting 447 When overtaking 44^ Moving slowly where to drive 449 Care when turning 45^ Turning to right 45 1 Turning to left 45^ Crossing streets 453 How to stop 454 Funeral processions — not to drive through — exceptions .... 455 Approaching street car — how operated 45^ May be stopped where 457 Minors under i6 years not to operate ' 458 May be loaded or unloaded at curb — limitations 459 How horse shall be turned when loading or unloading 460 Mufflers for automobiles 461 Motors stopped when at rest 462 Street crossings, pedestriance to have preference 463 Stop at signal of officer 464 Police to have charge of traffic 465 Ordinance to be posted 466 Penalty 467 WARDS— No. I 468 No. 2 : 469 No. 3 470 No. 4, 471 WATER CLOSETS— Public Health) WATER LINES— Main street — when to be connected with alleys 472 Connections — supervision of work 473 (See Public Health, Sewers) WEIGHTS AND MEASURES— Sealer of — appointment — and term 474 Salary 475 Powers and duties of 477 Bond of 476 XXll Indj:x Sec. Standards to be used 478 Weif^hts and measures to be compared 479 Records to be kept 480 To be tested, marked and sealed 481 Use of incorrect a misdemeanor 482 Same 483 Computing scales to be tested 484 ‘ Correct scales to be marked and sealed 485 Incorrect not to be so marked and sealed 486 Test where made 487 Must be tested before nse 488 Computing scale defined 489 Ice wagons to be provided with scales 490 Weighing in presence of customer 490 Weight of ice tongs to be stamped on tongs 491 Cole and coke — sales of — how regulated 492 Weight slip to be exhibited to whom, weight to be veri- fied at whose request 493 Weight or measurement falsely represented unlawful 494 Sealer of shall be provided with office 495 Property of office to be turned over to whom — when ‘496 Penalty ^ 497 DLANK pages for pasting- newspaper ^ copies of Ordinances which may be passed following the publication of the Ordinances of this book. Index xvii Sec. Water and gas pipes in way of 329 Connection to be under supervision of engineer 330 Excavation — regulations as to 331 Openings and obstructions to be guarded 332 Size of connection 333 Catch basins — when required, etc 334 Ends of pipe to be guarded 335 Material 336 Inside of sewer to be left smooth 337 Back filling — how done 338 Drains where public sewers not laid.. 339 Penalty 340 Fixtures for slop connections 341 Permits to be returned 342 SHOWS— (See Licenses) 116-120 SIDEWALKS— (See Streets and Sidewalks) 343-369 , SIGNS— (See Azvnings and Signs) ...21-24 SINKING FUND— Created * 426 SKINS— (See Fnblic Health) 240 SLAUGHTERING ANIMALS— (See Public Health) 214,239 SPEED OF LOCOMOTIVES AND OTHER VEHICLES— Speed of 427 Penalty 428 Of horses and other animals and bicycles 429 Penalty 430 SPITTING— (Garbage and Offal and Waste) 68 STONES— (See Streets and Sidezvalks) 353 STRAW— (See Streets and Sidewalks) 353 xviii Index STREET CROSSING— Sec. (Sec Streets and Sidcivatks) 343, 344 Pedestrians shall have preference at 463 STREET RAILWAYS— (Sec franchises ) — Rec|uired to sprinkle right of way over paved streets 370 City may do at expense of Company 371 To be operated by electricity 372 System — poles — kind of 373 Conductors to be employed on all cars 374 Penalty 375 Street Railway routes 1 to 6 376 Motive power 377 Tracks to conform to surface grades 378 Standard gauge 379 To keep streets in repair 380 Best materials required 381 Grants to subject to 2501 to 2505 Revised Statutes 382 Grants to be subject to reservation - 383 Grants to lowest bidder 384 Route No. 40 385 Conditions of grant 386 Motive power 387 Improved motor cars to be maintained 388 lYles to be kept in repair 389 City to be indemnified against damages 390 Right of way to be kept in repair 391 Reservations 392 When to be completed 393 Gas and water pipes — right to lay and maintain 394 Franchise to be for twenty -five years 395 Not to be assigned 396 Acceptance to be made in writing 397 Cars to stop for passengers at street crossings 398 Fares in case of merger 399 Waiting and baggage rooms to be provided 400 Location of tracks 40T Sealed proposals to be received 402 Route No. 41 403 Rails — grade, etc 404 To pave certain streets 405 Motive power 406 Tndkx XIX Sec. Improved cars to be maintained 4^7 Poles to be kept in good repair.... 408 City to be indemnified agains damage 409 Re])air of streets by Company 410 Reservation 4 H Limitation of time of construction 412 Gas and water pipes 413 Franchise for tw^enty-five years 414 Franchise not to be assigned 415 Acceptance — In writing 416 Cars to stop at crossings 417 Fares in case of merger 418 Waiting and baggage room required 419 Location of tracks 420 Sealed proposals to be received 421 Route No. 42 422 Motive power 423 Grant to be for twenty-five years • 424 Sealed proposals to be received 425 STREETS AND SIDEWALKS— Not to obstruct with cars, etc 343 Penalty 344 Not to feed animals on Broadway 345 Penalty 346 Fast riding prohibited 347 Penalty 348 Sidewalks not to be obstructed with merchandise, etc 349 Temporary obstructions 350 Penalty 351 Sidewalks to be kept in repair and free from nuisance 352 Not to drop rubbish on from w^agons 353 Penalty 354 Not to drive over sidewalks 355 Penalty , 356 vSnow and ice to be removed from sidewalks 357 Excavations in paved streets 358 Street excavations — permit required 359 Deposit covering — bond — conditions 360 Excavations how guarded 361 Opening — how long may remain — how filled 362 Permit — officer may demand exhibit of same 363 XX Index Sec. Exceptions — who need not obtain permit 364 Paving- owner to l)e notified by clerk 366 Clerk’s return 366 Non-resident owner — publication 366 Time within which pipes and conduits shall be paid 366 Streets not to be disturbed thereafter for three years 367 Removal from earth from — destruction of sidewalks, prohibited 368 Penalty 369 (Sec also vehicles, speed of locomotives, etc.) SUNDAY— (See saloons) .304-306 SWINE — (Sec animals, public health) TELEGRAPHS— fNcc franchises, also chapter XXXI.) THEATRES— (See licenses) 116, 119, 120 THREATENING— (Sec misdemeanors) 153 TIRES— Width of — how determined 436 Penalty 437 TREES— How trimmed 438 P)y whom 439 Penalty 440 Unlawful to destroy 441 Unlawful to tie domestic animals to 442 Penalty 443 TRUSTEI-S OF SINKING FUND— (See sinking fund) 426 UNWHOLESOME FOOD — Public Health) VAGRANTS— (See misdemeanors) 150 VAULTS— LWc Public -Health) Indkx XXI VEHICLES— ("vSV^? licenses, sliced of locomotives, tires) Sec. Defined 444 Who shall comply 445 How driven 44^^ When meeting- 447 When overtaking 44^ Moving slowly where to drive , 449 Care when turning 45^ Turning to right 45 ^ Turning to left 45^ Crossing streets 453 How to stop 454 Funeral processions — not to drive through — exceptions — . 455 Approaching street car — how operated — 45^. May be stopped where 457 Minors under i6 years not to operate 458 May be loaded or unloaded at curb — limitations 459 How horse shall be turned when loading or unloading 460 Mufflers for automobiles 461 Motors stopped when at rest 462 Street crossings, pedestriance to have preference 463 Stop at signal of officer 464 Police to have charge of traffic 465 Ordinance to be posted 466 Penalty 467 WARDS— No. I 468 No. 2 : 469 No. 3 470 No. 4, 471 WATER CLOSETS— (See Publie Health) WATER LINES— Main street — when to be connected with alleys 472 Connections — supervision of work 473 (See Public HealtPi, Sezvers) WEIGHTS AND MEASURES— Sealer of — appointment — and term 474 Salary 475 Powers and duties of 477 Bond of 476 xxi'i Index Sec. Standards to be used 478 Weights and measures to be compared 479 Records to be kept 480 To be tested, marked and sealed — 481 Use of incorrect a misdemeanor ■ 482 Same 483 Computing scales to be tested 484 Correct scales to be marked and sealed 485 Incorrect not to be so marked and sealed 486 Test where made 487 Must be tested before use 488 Computing scale defined 489 Ice wagons to be provided with scales 490 Weighing in presence of customer 490 Weight of ice tongs to be stamped on tongs 491 Cole and coke — sales of — how regulated 492 Weight slip to be exhibited to whom, weight to be veri- fied at whose request 493 Weight or measurement falsely represented unlawful 494 Sealer of shall be provided with office 495 Property of office to be turned over to whom — when 496 Penalty 497 Inddx DLANK pages for pasting newspaper copies of Ordinances which may be passed following the publication of the Ordinances of this book.