I) / ' *, V ' • ': •; \ ‘ - -■ / • CITY CHARTER OF THE-- CITY OF OAKLAND CALIFORNIA -ALSO- General Municipal Ordinances OF SAID CITY IN EFFECT DECEMBER 12, 1903. ANNOTATED AND INDEXED UNDER THE SUPERVISION OF A. L. FRICK ATTORNEY-AT-LAW COMPILED BY THE AUTHORITY OF THE CITY COUNCIL PRESS OF THE OAKLAND TRIBUNE 1903 . > ; t ' s . / ' ' s , -x ri ' ' • ■ '”'M f; i ; . V' (j. t * x £ *<•.; - ' . V. ‘ ' V <, ' S 1 • . P • * . < A ^ L, ■ f ■ ' ,v s v ■ ' aV ^ : ' ' o . • . J\ t o ■' s • . . , ■ — ♦, " <~y 1 . . . *4 , ' • ■ • i * ' Y> - A / / " ' 4 ..... . / . \ M 7 V ‘i V X ,{ . r • ;• i f 4 .; ' X V . - / i t • *’t3M ou. 41 o \ ^ o b CHARTER OF THE CITY OF OAKLAND Proposed March 8, 1888, by the Board of Freeholders, Elected December 10, 1887; Adopted November 6, 1888, and Ap- % proved by the Legislature February 14, 1889; All In Pursuance of the Provisions of Section 8, Article XI, of the Constitution of the State of California ANNOTATED AND INDEXED UNDER THE SUPERVISION OF A. L. FRICK ATTORNEY-AT-LAW Board of Freeholders % ** T- CHAIRMAN . * JOHN A. STANLEY * r- AVM. C. BARTLETT JNO. L. BROMLEY J. T. CAROTHERS WALLACE EVERSON J. A. FOLGER JNO. R. GLASCOCK V. D. MOODY WARREN OLNEY C. D. PIERCE H. A. POWELL E. J. PRINGLE PATRICK SCULLY N. W. SPAULDING JOHN H. TROY Secretary FRED L. BUTTON \ . / . v V 1 ■w?- ■ ' . . . ,1 • \ I IM / Committees of the Board of Freeholders 1. Boundary, Division into Wards and Elections— MESSRS. SPAULDING. GLASCOCK AND PRINGLE. 2. Legislative Department— MESSRS. BARTLETT. CAROTHERS AND SPAULDING. 3. Executive Department, etc.— MESSRS. MOODY, PIERCE AND OLNEY. 4. Department of Public Works-— MESSRS. PRINGLE. BROMLEY AND FOLGER. 5. Public Schools and Libraries-— MESSRS. POWELL, BARTLETT AND PIERCE, 6. Judicial Department, etc.— MESSRS. OLNEY, GLASCOCK AND TROY. 7. Police, Fire and Health Department— MESSRS. GLASCOCK, BROMLEY AND EVERSON. S. Finance, Revenue and Taxation— MESSRS. CAROTHERS, FOLGER AND BARTLETT. 9. General and Miscellaneous Provisions and Schedule— MESSRS. EVERSON, POWELL AND SCULLY. 10, Revision— MESSRS, OLNEY, POWELL. PRINGLE AND GLASCOCK. Contents Charter. Article I—Boundaries, Rights and Liabilities Chapter I—Rights and Liabilities Chapter II—Boundaries of the City Chapter III—Division into Wards Article II—Elections . Article III—Legislative Department . Article IV—Executive Department . Article V—Judicial Department . Article VI—Department of Public Works Chapter I—General Provisions Chapter II—Opening of Public Streets Chapter III—Improvement of Streets Chapter IV—Sewers and Drainage Article VII—Educational Department . . . Article VIII—Revenue and Taxation . Article IX—Police and Fire Department Article X—Health Department . Article XI—Miscellaneous Provisions . . Index to Charter r T Contents Ordinances. Page. Chap. I. City Officers, Salaries, Etc. 81 Chap. II. Municipal Licenses . 102 Chap. III. Public Streets . 127 Chap. IV. Police Department . 204 Chap. V. Fire Department . 209 Chap. VI. Fire Limits . 216 Chap. VII. Public Health . 224 Chap. VIII. City Wharf, Dockage, Etc. 269 Chap. IX. City Pound . 276 Chap. X. Numbering of Buildings . 281 Chap. XI. Street and Steam Railroads . 29C Chap. XII. Miscellaneous Penal Ordinances . 317 Chap. XIII. Schedule of Sidewalk, Grade, Franchise, and Other Ordinances . 362 General Index to Ordinances . 419 Numerical Index to Ordinances . 391 Index to Charter . 394 - ’ it —m . . i Bf , N > i « A > - j • ' • . ‘ / A . • ... - I ^ - * \ 'V ; x • * V ' 1 , . ' r v *. - " V - C i - • , ' CHARTER i — OF — THE CITY OF OAKLAND ARTICLE I. Boundaries, Rights and Liabilities. CHAPTER I—RIGHTS AND LIABILITIES. Section 1. The municipal corporation, now existing, known as the City of Oakland, shall remain and continue a body politic and corpor¬ ate, in name and in fact, by the name of the City of Oakland, and by that name shall have perpetual succession, may sue and defend in all courts and places, and in all matters and proceedings whatever, and may have and use a common seal, and the same alter at pleasure, and may purshase, receive,, hold and enjoy real and personal property within and without the City of Oakland, and sell, convey, mortgage and dispose of the same for the common benefit, and may determine and declare what are public uses, and when the necessity exists of con¬ demning lands therefor, and what are the lands it is necessary to con¬ demn, and may receive bequests, gifts and donations of all kinds of property, within and without the city, in fee simple, or in trust for charitable or other purposes, and do all acts necessary to carry out the purposes of such bequests, gifts and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the gift, bequest or trust. Sec. 2. The public buildings, lands and property, all rights .of property, and rights of action, all moneys, revenues and incomes be¬ longing or appertaining to the City of Oakland, are hereby declared to be vested in the said City of Oakland. 8 CHARTER OF THE Sec. 3 The said City of Oakland shall continue to have, hold and enjoy all the public buildings belonging to the City of Oakland, lands, wharves, waters, property, real and personal, rights of property, rights of action, suits, actions, moneys, revenue, income,' books, documents, records, archives, claims, demands and things in possession and action, of every nature and description, and shall be subject to all the obliga¬ tions, debts, liabilities, dues and duties of the existing municipality. Sec. 4. Suits, actions and proceedings may be brought in the name of the City of Oakland for the recovery of any property, money or thing belonging thereto, in law or equity, or dedicated to public use therein, or for the enforcement of any rights of, or contracts with, said City of Oakland, whether made, or arising or accruing before or after the adoption of this charter; and all existing suits, actions and pro¬ ceedings in the courts or elsewhere, to which said city is a party, shall continue to be carried on by or against the said City of Oakland. [Note—Courts will take judicial notice of the fact of the incorpor¬ ation of a city, 91 Cal. 238.] CHAPTER II.—BOUNDARIES. [Note—The boundaries of the City, as originally set forth in the Charter, are here omitted, the said boundaries having been changed by annexation of territory on July 14th, 1891, and again by annexation on June, 24th, 1897, both pursuant to Statutes 1889, p. 358.] The boundaries of the City as they existed prior to the said annex¬ ation of 189 1 , are hero set forth, followed by a note containing the boundaries of the said territory annexed in 1897. [In People ex rel Cuff vs. City of Oakland, 123 Cal. p. 598, the Supreme Court held the said annexation of 1897 to be valid.] Sec. 5. The boundaries, of the City of Oakland are as follows to-wdt: Beginning at the interesection of the center line of Telegraph avenue with the line between plots No. 10 and No. 11, as the same are shown and delineated on Kellersberger’s map of the Rancho of V. and D. Peralta. Thence south 73% deg. east along the eastern projection of said line between plots 10 and 11 (15,934 feet, more or less) to its intersec¬ tion with the center of Sausal Creek; thence down the center of said creek, following the meanderings thereof, to the intersection with the northerly line of the Cameron Tract; thence continuing down the middle of Sausal Cieek, as follows; South 10 deg. 41 min. east 120 feet; thence south 63 deg. 49 min. w^est, 86 feet; thence north 50 deg. 26 min. west, 107 feet; thence south 9 deg. 38 min. w^est, 197 feet; thence south 35 deg. 5 1 min. east, 79 feet; thence south 50 deg. 55 min. west 70 feet; thence south 5 deg. 30 min. west, 300 feet; thence south 20 deg’’ 28 min. west, 200 feet. Thence south 4B deg. 12 min east, 125 feet; thence south 34 deg 46 mm, west, 280 feet; thence south 39 deg. 4 min. west, 194 feet; CITY OF OAKLAND, CAL. 9 thence south 50 deg. 53 min. west, 160 feet; thence south 68 deg. 19 min. west, 70 feet; thence south 20 deg. 21 min. east, 135 feet; thence, leaving Sausal Creek, north 76 deg. 41 min. west, along the northerly line of land of Stevens, 2140 feet to the easterly line of Lynn; thence south 13 deg. 8 min. west along the easterly line of Lynn, 503% feet to the southeasterly corner of Lynn. Thence north 77 deg. 15 min. west, 27% feet; thence south 12 deg. 5.3 min. west, 1708 feet; thence south 55 deg. 47 min. east, 49% feet; thence south 36 deg. 45 min. west, 1460 and 6-10 feet to the northern corner of the Fifty Associates’ Tract. Thence south 53 deg. 15 min. east along the northeasterly line of the Fifty Associates’ Tract, 1491 and 6-10 feet to the easterly corner of said tract; thence south 36 deg. 40 min, west, 1412 feet to the south¬ erly line of the “Old County Koad’’ to San Leandro. Thence north 85 deg. 50 min. west, along the southerly line of said county road, 934% feet to the northerly line of the Cannon Tract; thence south 53 deg. 14 min. east, 639 feet to the easterly corner of land formerly owned by Sevin Vincent. Thence south 36 deg. 38 min. west, 882 and 85-100 feet to the south¬ westerly line of East Fourteenth street; thence north 53% deg. west, 187 feet along said line of East Fourteenth street to the southeasterly line of the Kennedy Tract; thence south 36 deg. 45 min. west, 766 feet to the southwesterly line of the right of way of the Southern Pacific Railroad. Thence south 49 deg. 22 min. east along said line of right of way 1447 and 32-100 feet, to the easterly corner of the Knowles and Potter Tract, formerly known as the Kennedy Tract; thence south 36 deg. 45 min. west, 867 and 44-100 feet to the southerly corner of the said Knowles and Potter Tract; thence south 30 deg. 25 min. west, 2075 feet to the center of the bridge on Park avenue, at the intersection of said avenue with the Encinal line of the Town of Alameda. Thence westerly, following the center of the slough and the center of the estuary of San Antonio to ship channel in the bay of San Fran¬ cisco. Thence northerly and westerly along ship channel to its intersec¬ tion with the westerly projection of the line between plots numbers 10 and 11, as the same are shown and delineated on Kellersberger’s map of Vicente and Domingo Peralta’s Rancho, in Alameda County, State of California. Thence running along said westerly projection and said line between said plots, south 73 deg. 45 min. east, to the point of begin¬ ning. [Note—Following is a description of the territory annexed to the city June 24th, 1897:] Beginning at a point on the northern boundary line of the City of Oakland 150 feet distant easterly from the eastern line of San Pablo avenue, and measured at a right angle thereto, said beginning point heing also the southeast corner of the Town of Emeryville, and run- I CHARTER OF THE ning thence in a northerly direction along the easterly boundary line of the Town of Emeryville to the center line of Temescal creek, thence in a westerly direction following the center line of the bed of Tem¬ escal creek—being also the boundary line of the Towrn of Emeryville in said creek—to a point 730 feet distant westerly from the westerly line of San Pablo avenue measured at a right angle thereto; thence along the easterly line of the said Town of Emeryville in a northerly direction, running parallel with and 730 feet distant westerly from said line of San Pablo avenue to the southern boundary line of the Town of Berkeley, thence easterly following the boundary line of the Town of Berkeley to a point on said boundary line of the Town of Berkeley 125 feet distant westerly from the westerly line of College avenue— also known as College way—and measured at right angle to said line of College avenue, thence in a southerly direction on a line paral¬ lel with and 125 feet distant westerly from said line of College avenue a distance of 1600 feet, thence at a right angle to said line of College avenue in an easterly direction to and across said College avenue to a point 275 feet distant easterly from the easterly line of said College avenue and measured at a right angle thereto; thence in a southerly direction along a line parallel with and 275 feet distant easterly from the easterly line of College avenue and its extension and measured at a right angle thereto, to a point on the southerly line of Clifton street, as said street is laid dowm, delineated and so designated on a map entitled Map of Rock Ridge, etc., filed in the office of the Re¬ corder of Alameda County on August 4th, 1879, thence in an easterly direction along said line of Clifton street to the westerly line of Mc- Adarn street, as delineated and so designated on aforesaid Map of Rock Ridge; thence in a direct line due south to the line dividing plots Nos. 13 and 15, as said plots are delineated and so designated on a map entitled Map of the Rancho of Vicente and Domingo Peralta, etc., filed in the office of the Recorder of Alameda County on Jan¬ uary 21st, 1857, said plot line is the western boundary line of the St. Mary’s Cemetery; thence along said plot line in a southwesterly direc¬ tion to the most western corner of said plot No. 15; thence in a south¬ easterly direction following the line dividing plots Nos. 14 and 15 as shown on map of aforesaid ranchos (the last named plot line being the southwesterly boundary of the St. Mary’s and Mountain View Cemeteries) to the westerly line of Piedmont Sanitary District; thence following the boundary line of Piedmont Sanitary District in a southerly and then in a southeasterly direction to its intersection with the said northern boundary line of the City of Oakland, and thence in a westerly direction along the said boundary line of the City of Oak¬ land to the place of beginning.] CHAPTER III.—DIVISION INTO WARDS. [Note—The ward boundaries, as given in Section 6 of the Charter, are here omitted, the City Council having redistricted the City into wards on January 16, 1900, by its Resolution No. 25828, passed pursuant CITY OF OAKLAND, CAL. II to the provisions of Section 25 of the Charter. The following are the boundaries as described in that resolution.] Sec. 6 The City of Oakland shall be divided into seven wards, the respective boundaries of which shall be as follows, to-wit: FIRST WARD. All that part of the City of Oakland, bounded on the north, on the east, and on the west by the present northern, eastern and western boundary lines, respectively, of the City of Oakland, and bounded on the south by the northern boundary line of the City of Oakland, as said northern boundary line existed immediately prior to the annexation of new territory to said city in 1897. SECOND WARD. All that part of the City of Oakland bounded on the north by the northern boundary line of the City of Oakland, as said northern bound¬ ary line existed immediately prior to the annexation of new territory to said City in 1897; bounded on the east by the center line of Broad¬ way street; bounded on the south by a line described as follows; Commencing at the point of intersection of the center line of Broad¬ way street with the center line of Walnut street; thence westerly along the center line of Walnut street, and the center line of Walnut street produced westerly, to the center line of Telegraph avenue; thence northerly along the center line of Telegraph avenue to the center line of Twenty-second (22d) street, produced easterly; thence westerly along the said easterly extension of the center line of said Twenty-second (22nd) street, and along the center line of said Twenty-second (22nd) street, and along the westerly extension of the center line of said Twenty-second (22nd) street to the western Charter line of the City of Oakland; and bounded on the west by the western Charter line of the City of Oakland. THIRD WARD. All that part of the City of Oakland, bounded on the north by a line described as follows: Commencing at the point of intersection of the western Charter line of the City of Oakland with the center line of Twenty-second (22nd) street produced westerly, as aforesaid, and along the center line of said Twenty-second (22nd) street, and the center line of Twenty-second (22nd) street produced westerly, to the center line of Telegraph avenue; thence southerly along the center line of Telegraph avenue to the center line of Walnut street produced westerly, and thence easterly along the center line of Walnut street produced westerly, as aforesaid, and the center line of Walnut street, and the center line of Walnut street to the center line of Broadway street; bounded on the east by the center line of Broadway street; 12 CHARTER OP THE bounded on the south by a line described as follows: Com¬ mencing- at the point of intersection of the center line of Broadway street with the center line of Sixteenth (16th) street produced easterly; thence westerly along the center line of Sixteenth (16th) street produced easterly, as aforesaid, and along the center line of said Sixteenth (16th) street to the center line of Jefferson street; thence southerly along the center line of Jefferson street to the center line of Fifteenth (15th) street; thence westerly along the center line of Fifteenth (15th) street, and the center line of Fifteenth (15th) street produced westerly to the center line of Market street; thence southerly along the center line of Market street to the center line of Twelfth (12th) street, and thence westerly along the center line of Twelfth street, and the center line of Twelfth street produced westerly to the center line of Kirkham street; thence southerly along the center line of Kirkham street to the center line of Twelfth street produced easterly; thence westerly along the center line of Twelfth street produced easterly, as aforesaid, and the center line of Twelfth street, and the center line of Tw r elfth street pro¬ duced westerly to the center line of Center street; thence northerly along the center line of Center street to the center line of Twelfth street produced easterly; thence -westerly along the center line of Twelfth street produced easterly, as aforsaid, and along the center line of Twelfth street, and the center line of Twelfth street produced westerly, to the western Charter line of the City of Oakland, and bounded on the west by the western Charter line of the City of Oak¬ land. FOURTH WARD. All that part of the City of Oakland, bounded on the north by a line described as follows: Commencing at the point of intersection of the western Charter line of the City of Oakland with the center line of Twelfth street produced westerly to said Charter line; thence easterly along the center line of said Twelfth (12th) street produced westerly, as aforesaid, and along the center line of said Twelfth street, and the center line of Twelfth street produced easterly to the center line of Center street; thence southerly along the center line of Center street to the center line of Twelfth street produced westerly; thence easterly along the center line of Twelfth (12th) street produced westerly, as aforesaid, and along the center line of Twelfth street and the center line of Twelfth (12th) street produced easterly, to the center line of Kirkham street; thence northerly along the center line of Kirkham street to the center line of Twelfth street, produced westerly; thence easterly along the center line of Twelfth street produced westerly, as aforesaid, and the center line of Twelfth street to the center line of Market street; thence northerly along the center line of Market street to the center line of Fifteenth (15th) street produced westerly; thence easterly along the center line of Fifteenth (15th) street produced westerly, as aforesaid, and the center line of Fifteenth (15th) street CITY OF OAKLAND, CAL. 13 to the center line of Jefferson street; bounded on the east by the center line of Jefferson street; bounded on the south by the center line of Seventh (7th) street, and the center line of Seventh street pro¬ duced westerly to the western Charter line of the City of Oakland, and bounded on the west by the western Charter line of the City of Oakland. FIFTH WARD. All that part of the City of Oakland, bounded on the north by the northern boundary line of the City of Oakland as said northern boundary line existed immediately prior to the annexation of new territory to said City in 1897; bounded on the east by the line dividing Oakland Township from Brooklyn Township; bounded on the south by the center line of Eighth (8th) street, and the center line of Eighth (8th) street produced easterly to the line dividing Oakland Township from Brooklyn Township; and bounded on the west by a line described as follows: Commencing at the point of intersection of the center line of Eighth street with the center line of Jefferson street; thence north¬ erly along the center line of J,efferson street to the center line of Six¬ teenth (16th) street; thence easterly along' the center line of Sixteenth (16th) street and the center line of Sixteenth (16th) street produced easterly, to the center line of Broadway street; thence northerly along the center line of Broadway street to the said northern boundary line of the City of Oakland as said northern boundary line existed imme¬ diately prior to the annexation of new territory to said City in 1897. SIXTH WARD. All that part of the City of Oakland, bounded on the north by a line described as follows: Commencing at the point of intersection of the western Charter line of the City of Oakland with the center line of Seventh (7th) street produced westerly to said Charter line; thence easterly along the center line of said Seventh (7th) street pro¬ duced westerly, a§ aforesaid, and along the centr line of said Seventh (7th) street to the center line of Jefferson street; thence northerly along the center line of Jefferson street to the center line of Eighth (8th) street; thence easterly along the center line of Eighth (8th) street, and its projection easterly, to the line dividing Oakland Township from Brooklyn Township; bounded on the east by the line dividing Oakland Township from Brooklyn Township; and bounded on the south and on the west by the Charter line of the City of Oakland. SEVENTH WARD. All that part of the City of Oakland, bounded on the north, on the east, and on the south by the Charter line of the City of Oakland, and on the West by the line dividing Oakland Township from Brooklyn Town¬ ship. 14 CHARTER OF THE ARTICLE II. Elections Sec. 7. General Municipal Elections shall be held biennially, on the second Monday in March, commencing with the second Mon¬ day in March next after the adoption of this amendment. At each such general municipal election there shall be elected a Mayor, who shall be ex-officio a Commissioner of Public Works, eleven members of the Council, eleven members of the Board of Education, an Auditor, who shall be ex-officio Assessor, a Treasurer, who shall be ex-officio Tax Collector, a City Attorney who shall be ex-officio a Commissioner of Public Works, and a City Engineer w T ho shall be ex-officio a Com¬ missioner of Public Works. [Note 1—This section, together w r ith sections 46, 63 and 72, was amended at an election held January 26, 1895, and such amendment was approved by the Legislature January 31, 1895. The original Sec¬ tion 7 was as follows: General municipal elections shall be held bien¬ nially on the second Monday in March, commencing with the second Monday in March next after the adoption of this Charter. At each general election there shall be elected a Mayor, eleven members of the Council, eleven members of the Board of Education, an Auditor, who shall be ex-officio Assessor, a Treasurer, who shall be ex-officio Tax Collector, a Police Judge and two Justices of the Peace.] [Note 2—Under this section, municipal elections are held in odd numbered years.] Sec. 8 The provisions of Title II., Part III., of the Political Code relating to elections, and all laws amendatory thereof and supple¬ mental thereto, and all rights, duties, liabilities and restrictions arising thereunder, not inconsistent with the provisions of this Charter, are hereby, so far as the same can be applied, made . applicable to all municipal elections; and the respective officers of the city shall have, possess and perform such powers and duties in all matters relating to municipal elections as are by law conferred or imposed upon county officers and officers of election in State and county elections, and to that end all rights, powers and duties so by law conferred or imposed upon the Board of Supervisors are hereby conferred upon the Council; and all rights, powers and duties so by law conferred or imposed upon the County Clerk are hereby conferred and imposed upon the City Clerk, except as in this Charter provided. [Note 1—Charter provisions prevail over general election law. See People vs. Hill, 125 Cal. p. 16.] [Note 2—The provision of the general law, referred to in this section are to be found in Secs. 1041 to 1365 of the Political Code.] CITY OF OAKLAND, CAL. 15 Sec. 9. In establishing election precincts the Council shall make them as geographically compact as possible, and so that no precinct shall have more than four hundred electors therein. [Note—See Fragley vs. Phelan, 126 Cal, page 397.] Sec. 10. Only such persons residing in the City, whose names appear upon the Great Register of Alameda county at the time of any municipal election, shall be entitled to vote at such election; and to this end and extent said Great Register is hereby adopted as the reg¬ ister of voters in and for the City. The Council shall cause authenti- cated copies of such Great Register to be made and used at and for all municipal elections. Sec. 11. The certificates of election issued by the City Clerk must be authenticated with the seal of the City. No other authentication shall be necessary. [Note 1—See statutes 1899, page 63, for law governing Charter amendment elections.] [Note 2—A City Charter framed and adopted under Sec. 8, Art. XI. of our Constitution, can be amended at intervals of not less than two years in the manner and by the vote provided in such Constitution. Such a Charter can be changed by amendment only, and not by the adoption of a new Charter. Blanchard vs. Hartwell, 131 Cal. 263.] ARTICLE III. Legislative Department. Sec. 12. The Legislative power of the City of Oakland shall be vested in a Council of eleven members, whose terms of office shall be two years. Sec. 13. One member of the Council shall be elected from each of the seven wards of the City, each of whom shall, at the time of his elec¬ tion, be a resident of the ward from which he is elected. Four mem¬ bers of the Council shall be elected from the city at large, but no two of the latter shall, at the time of election, be residents of the same ward. Sec. 14. The Council shall meet on the second Monday after the election of its members shall have been officially declared, and at such other times as may be designated by resolution or ordinance. Special meetings may be called by the Mayor, the President of the Council or five members of the Council. Seven members of the Council shall be a quorum, and the affirmative vote of six members shall be necessary ■to pass any measure, but a less number than seven may adjourn from i6 CHARTER OF THE day to day and compel the attendance of absent members in such manner and under such penalties as the Council may prescribe. Sec. 15. The Council shall annually elect a President from its own members, who may be removed by an affirmative vote of not less than nine members of the Council. > Sec. 16. The Council shall establish rules for its proceedings. It shall have the power to punish its members for disorderly conduct in its presence, and may expel any member for malfeasance in office by an affirmative vote of nine of its members. The Council shall also have the power to compel the attendance of witnesses, and the pro¬ duction of all papers relating to any business properly before that body. Sec. 17. The President of the Council and the Chairman of each committee thereof shall have the power to administer oaths and affir¬ mations relating to any business brought before the Council or under consideration by its committees. Sec. 18. No ordinance shall be amended by reference only to its. title; but when any ordinance is amended, the section or sections thereof shall be re-enacted at length, as amended. [Note—As to legal effect of amendments see Fletcher vs. Prather, 102 Cal. 413.] Sec. 19. Every ordinance shall embrace but one subject, which shall be clearly indicated in the title. In all cases where the subject is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title. [Note—It is enough if the title of the ordinance to be amended is recited; it is not necessary that the subject of the particular section amended shall be stated in the title of the amendatory ordinance. See People vs. Parvin, 74 cal. 549.] Sec. 20. When any bill is put upon its final passage and fails to pass, if a motion is made to reconsider, the vote upon such motion shall not be taken until the next meeting of the Council. No bill for the grant of any franchise shall be put on its final passage within thirty days after its introduction. Sec. 21. Every bill, after it has passed the Council, shall be signed by the President thereof, and every bill which shall have passed the Council, and have been thus authenticated, shall be presented to the Mayor for his approval. The Mayor shall return such bill to the Council within ten days after receiving it. If he shall sign the same, it shall then become an ordinance; but if he shall disapprove the bill, he shall state his objection thereto in writing. If the bill is not returned with such approval or disapprovel within the time specified, it shall take effect as if he had approved the same. [Note—See County of San Diego vs. Seifert, 97 Cal. 594.] Sec. 22. When a bill is returned without the approval of the Mayor, the Council shall, within thirty days thereafter, proceed to consider and vote on the same. If the bill is again passed by an CITY OP OAKLAND, CAL. 17 affirmative vote of not less than eight members, it shall take effect as if the Mayor had approved the same. If the bill shall fail, on being so considered, to receive eight affirmative votes, it shall then be finally lost. The vote shall be taken by ayes and noes, and the result shall be entered in the minutes of the Council. Sec. 23. The action of the Council shall be by ordinance or reso¬ lution. To constitute an ordinance a bill must, before final action thereon, be passed to print and published with the ayes and noes for ten days; and in case of any amendment being thereafter made, must in like manner be republished as amended for not less than five days. No action providing for any specific improvement or the granting of any privilege or involving the lease, appropriations or disposition of public property or the expenditure of public money (except sums of less than $500) or the levying of any tax assessment, or the imposing of any new duty or penalty shall be taken except by ordinance.. [Note—See County of San Diego vs. Seifert, 97 Cal. 559-600; also Stat. 1897, p. 190.] Sec. 24. No ordinance passed by the Council shall take effect until ten days after its passage and approval, unless otherwise pro¬ vided in the enactment. Sec. 25. The Council shall, in the year 1890, and every tenth year thereafter, redistrict the city into seven wards, making - the same as nearly equal in population and as geographically compact as possible, but the City shall not be redistricted within ninety days previous to any municipal election. [Note 1—This section was construed in ex rel Cuff vs. City of Oak¬ land, 123 Cal. page 598.] [Note 2—Under the provisions of this section, the Council redis¬ tricted the City January 15, 1900, by its Resolution No. 25828. See Sec. 6 of this Charter, ante, and notes connected therewith.] Sec. 26. The Council shall, during the first year after its organi¬ zation under this Charter, cause all ordinances then in force to be classified under appropriate heads, and shall provide for the publica¬ tion of the same in book form. Every officer of the City shall be entitled to one copy of such ordinances, without charge; and every citizen applying for a copy, shall be entitled to the same at cost of publication. The Council shall, every three years after the publica¬ tion, as herein provided, cause all the ordinances at that time in force to be compiled, and shall publish the same, subject to the terms and conditions herein expressed. Sec. 27. The enacting clause of all ordinances shall be in these words. “Be it ordained by the Council of the City of Oakland as fol¬ lows: ” Sec. 28. No contract for lighting streets, public buildings, places or offices shall be made for a longer period than one year; nor shall any contract be made to pay for gas, electric lights or any other illu- i8 CHARTER OF THE minating material at a higher rate than is charged to any other con¬ sumer. [Note—For general law as to lighting contracts in municipalities see Statutes 1897, p. 210. The action of the Council calling for bids may be by ordinance or resolution, but the award of contract must be by ordinance.] [Note—See also Secs. 4412-13, Political Code.] Sec. 29. No contract for the supplying of water for the use of the municipality in any of its departments shall be made, wherein the rates exceed those charged to other consumers. [Note—See also Secs. 4412-13, Political Code; also Sec. 31, sub. 41 post.] Sec. 30. All contracts must be in writing, executed in the name of the City, and by an officer authorized to make the same. The form and legality of all contracts shall be submitted to, and passed upon by the City Attorney. Every contract must be countersigned by the Auditor, numbered and registered in a book kept for that purpose. Sec. 31. The Council shall have power to pass ordinances: 1. To establish or alter the grades of and to open, lay out, close, straighten, widen or otherwise improve or _ regulate streets, alleys, lanes and sidewalks upon the same, determine the width of sidewalks and streets and the grade of the same, and to provide for acceptance of the streets when constructed and completed in accordance with such regulations as the Council may adopt. Also to open, lay out and construct, alter, repair and vacate walks, crosswalks, avenues and thoroughfares in or over any plaza, park or grounds belonging to or under the control of the City. 2. To regulate or prohibit traffic and sales in streets, highways and public places; to prevent encroachments upon or obstructions to the same, and to require their removal. 3. To regulate the laying of telegraph or telephone wires in or upon the public streets, erecting of gas and electric lights therein, the numbering of houses on the streets and avenues; the naming of the streets, avenues, public places and thoroughfares; the crossing of streets, avenues, sidewalks and gutters; the use of streets and sidewalks for signs, sign-posts, awnings, awning posts, horse-troughs, telegraph posts and other purposes; the exhibiting of banners, placards or flags in or across the street or from houses or other buildings; public cries, advertising or other noises, steam whistles and the ringing of bells in the streets; the use of the streets and public places for foot pas¬ sengers, animals, vehicles, cars and locomotives. [Note—Streets include sidewalks. 87 Cal., page 94.] 4. To regulate the building and repairing of sewers; and it shall establish, through the Board of 'Public Works, a general and compre¬ hensive system of sewers in the city. 5. To provide for and regulate street pavements, crosswalks, CITY OP OAKLAND, CAL. 19 curbstones, grades, gutters, sewers, lighting and watering of the streets, avenues and public places. [Note—See also note preceding Section 101 of this Charter post; also Sections 28 and 29 ante.] 6. To regulate dispensaries, hospitals, markets and other public institutions. 7. To provide for the construction and repair of bridges, wharves, docks, piers, slips, ferries and public places. 8. To fix, regulate and collect tolls, wharfage and dockage. 9. To regulate, under the superintendence of the Board of Public Works, the moving and anchoring of vessels within the waters of the city, and to prevent obstruction to the free navigation of the same. 10. To make regulations for preventing and extinguishing fires, establishing fire districts, preventing the erection or repairing of wooden buildings or any buildings composed of combustible material therein, and for restricting the height of buildings or structures. [Note—A fence erected wholly upon the land of one person is not a division fence within the meaning of the act of March 9th, 1895, limiting the height of division fences and partition walls in cities and towns, and an adjoining property cannot enjoin it as a nuisance merely because it obstructs the passage of light and air to his building. The English doctrine of “ancient lights” does not obtain in this country; and the Legislature cannot vest in an adjoining proprietor the right to prevent his neighbor from building upon his own land such structure as he may see fit, provided it is not a nuisance. Ingwersen vs. Barry, 118 Cal. 342.] 11. To declare what shall constitute a nuisance and abate the same. 12. To provide and maintain a morgue. 13. To prohibit or suppress all house of ill-fame, all occupations, houses, places of amusement, exhibitions and practices which are against good morals, and contrary to public order and decency, or dangerous to the public safety. 14. To regulate or prohibit the sale, storage and use of powder, fireworks, dynamite, nitro-glycerine and other explosives or com¬ bustible materials and substances, the places of their manufacture, storage and their transportation. 15. To regulate the maintenance of acid works, slaughter houses, wash-houses, laundries, tanneries, offensive trades, and all other manu¬ factories, works and business of every description, that may endanger the public safety, health or comfort, and to restrict the prosecution thereof to such fixed limits as may seem proper, or exclude such works and business from the city. 16. To prevent or regulate the running at large of any animals, to establish a pound, and to authorize the destruction or impounding of any animals running at large. 17. To provide for the public printing, and to provide suitable 20 CHARTER OF THE rooms and buildings for the Courts, Boards, and officers of the City, and such furniture, fuel, lights, and stationery, and other supplies of any kind as are necesseary for the convenient transaction of public business, all of which shall be provided by the Board of Public Works upon requisition of the Council, when the expenditure to be incurred may exceed $100. The Council shall annually, at its first regular meeting in May, make such requisition for whatever it shall judge necessary for the ensuing fiscal year, and shall make other requisitions from time to time as occasion may require. The requisitions shall state in clear and explicit terms the quantity and kind of supplies material or work needed, and how, when, and where to be delivered or performed. 18. To regulate the construction, repair and use of sewers, sinks, gutters, wells, cesspools, and vaults, and to compel the connecting, cleaning or emptying of the same, and to designate the time and man¬ ner in which the work shall be done. 19. To prevent throwing into any stream, creek, bay, or any body of water, from vessels, wharves or other places, any dirt, ballast, ashes, garbage, dead animals, or other materials that may obstruct the same or pollute the waters thereof. 20. To regulate or prohibit the use of steam boilers, the location of telegraph and telephone poles and wires, awnings, and the con¬ struction of entrances to cellars and basements from sidewalks. 21. To establish hack stands, and regulate the rates of charges of hacks and other licensed vehicles. 22. To regulate the entrance to and exit from theatres, lecture rooms, public halls and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, benches and other obstacles in the aisles of such buildings. 23. To maintain and regulate a fire alarm and police telegraph. 24. To regulate and control the business of pawnbrokers, junk dealers, intelligence offices, and prescribe the mode of conducting the same. 25. To fix and determine, annually, the rates of compensation to be collected by any person, company or corporation in the City, for the use of water supplied to the City or the inhabitants thereof, and to prescribe penalties for the violation of all ordinances passed in reference to matters contained in this sub-division. [Note—The Constitution, Art. XIV., Sec. 1, provides that water rates shall be fixed annually by the Council in the month of February, to take effect on the first day in July thereafter. Such rates are to be fixed "by ordinance or otherwise, in the manner that other ordinances or legislative acts or resolutions are passed by such body, and shall continue in force for one year and no longer.” As to annual state¬ ment required from Water Companies, see Stats. 1881, p. 54; see also S. V. W. W. vs. San Francisco, 82 Cal. 286, and San Diego W. Co. vs. San Diego, 118 Cal. 556.] CITY OF OAKLAND, CAL. 21 26. To regulate the quality, capacity and location of water and gaspipes, mains and fire-plugs, and to provide for and regulate the construction and repair of hydrants, fire-plugs, cisterns, pumps and such other appliances as may be requisite to utilize the distribution of water and gas in the streets, public places and public buildings. 27. To regulate the speed of railway engines, and to require rail¬ road companies either to station flagmen or place sufficient automatic warning signals and signal bells at street crossings. 28. To grant franchises permitting any company or corporation to lay and maintain tracks and to pass with steam railroads along, upon and across, or elevated above or placed below any streets of the City, provided, that the free use of the said streets shall not be un¬ necessarily obstructed thereby, and that, except in that portion of the City which is designated in the following subdivision of this Section, such franchise shall be granted only after notice published for two weeks and by ordinance passed by the votes of two-thirds of the mem¬ bers of the Council, and upon the previous petition in writing of the owners of two-thirds of the front feet of lands upon that part of the street to be used. Such grants shall be without prejudice to the rights of non-consenting owners to compensation for damages. [Note—See Civil Code, Sec. 470, City of South Pasadena vs. L. A. T. Ry. Co., 109 Cal. 315.] 29. It shall be the duty of the Council, and the Council is hereby required to grant to any railroad company or corporation applying therefor, a franchise to lay and maintain tracks along any line selected by the applicant and to pass with steam railroads along, upon and across or elevated above or placed below any street or streets within that portion of the City which lies west and south of a dividing line commencing at the point where the east line of Halleck street inter¬ sects the present Charter line of the City, and running thence south¬ wardly in a straight line to the northwesterly corner of Block No. 770; thence southwardly along the east side of Wood street to the north¬ easterly corner of Taylor and Wood streets; thence on a curve with a radius of three quarters of a mile to a point wffiere said curve inter¬ sects the south line of the right of way of the Western Pacific Rail¬ road Company, now occupied by the Southern Pacific Company, near the foot of Cypress street extended southwardly, and thence along the said line of said right of way of the Western Pacific Railroad Com¬ pany until the same intersects the present eastern Charter line of the City. And in case that the limits of the City be hereafter extended northwardly and eastwardly, the said dividing line shall be extended northwardly to the northern limit of the City, keeping parallel with and 300 feet east of the right of way of the Northern Railway Com- pany, and shall be extended eastwardly to the eastern limit of the City, keeping along the southerly line of said right of way of the Western Pacific Railroad Company. And the Council shall, upon said portion of the City, grant equal privileges, subject to the general laws of the State of California, to all 22 CHARTER OP THE railroad companies or corporations to enter the City and operate and maintain railroads for the convenience of the public to and upon the water front of the City; and shall grant to such companies or corpora- i tions, without discrimination between them, the right to construct and! maintain freight and passenger depots, engine houses, workshops* wharves, docks, slips, ferries, landing places and other terminal facil¬ ities; provided, that no franchise for right of way exceeding 50 feet in width, and no franchise for terminal faclities upon land exceeding 1000 feet of frontage on the water front shall be granted to any one com¬ pany or corporation, or to any companies or corporations under one management or control. 30. The Council shall, upon the portion of the City designated in the preceding subdivision of this section grant, subject to general laws, to all companies or corporations desiring to acquire or con¬ demn property for public uses, equal privileges to construct and main¬ tain wharves, docks, slips, landing places, ferries, warehouses and other property devoted to public uses, but not upon land exceeding 1000 feet of frontage upon the water front to any one company or corporation, or to any companies or corporations under one manage¬ ment or control. 31. The Council, as soon as practicable, shall cause to be pre¬ pared by the Board of Public Works a map of all that portion of the City which lies west and south of the dividing line aforesaid, upon which map it shall lay out a general and complete plan of harbor improvement and designate what lands are necessary for the public uses of avenues or highways to the water front, and for terminal facil¬ ities for railroads and for open slips, canals and docks for the accom¬ modation of vessels and for public wharves, landing places, warehouses and other public uses; and all franchises granted under subdivisions 29 and 30 of this section shall be made to conform to the said plan. 32. The grant of a franchise under subdivisions 28 to 30, inclus¬ ive, shall be a delegation of the right to condemn private property for public uses upon compensation being made therefor as provided by law. 33. To grant the right to construct and to regulate and control the construction thereof to railroad corporations, of pipes, tubes, con¬ duits, signal bells, warning signs, wires and other electric, telegraph and mechanical appliances in, along, over and across the streets; pro¬ vided, that said appliances be so constructed as not to interfere with the free use of the sidewalks and streets. • 34. To require every railroad company to keep the streets in repair between the tracks, and along and within the distance of two feet upon each side of the tracks occupied by the company. [Note—See also Sec. 498, Civil Code, as to restrictions to be re¬ quired in franchises for street railroads.] 35. To determine fines, forfeitures and penalties for the violation of any ordinance or any provisions of this Charter. 36. To make all needful rules to govern the official conduct and CITY OF OAKLAND, CAL. 23 duties of all officers of the City whose duties are not defined by this Charter, and to fix and regulate the charges and fees of all such officers, where the fees are not otherwise fixed, and to compel the payment of all such charges and fees into the City Treasury. 37. To grant franchises for the construction of street railroads on and along the streets of the City; provided, that when application is made for such franchise the Council shall by resolution cause a notice of such application to be published for twenty days, and shall in said notice specify the route along* which it is proposed to construct such road, and shall offer to grapt the franchise to the persons, com¬ pany or corporation that shall agree to pay at the expiration of five years after said railroad is completed, and thereafter semi-annually, the largest per centum of the gross receipts of such road, according to a verified statement of the same; and provided, further, that in all grants of franchises for street railroads it shall be made a condition that single fares on such roads shall not exceed 5 cents, and that only such rails shall be laid down as are of the most approved flat iron pattern for street railways operated by horses, mules, cables, or other motors than steam. The Council may reject all bids, and may refuse to grant a franchise for the proposed route; and, in case no bids are made, may, in their discretion, grant a franchise for such period as may be deemed most expedient. Franchises for street railroads to be operated by horses or mules shall not exceed twenty-five years. [Note 1—For the general laws as to the granting of such franchises, see Sec. 497, Civil Code; for statutory requirements of franchise, see Secs. 498 to 502, Civil Code; and as to municipal regulation of such railroads, see Secs. 503 to 511, Civil Code; see also Stat. 1893, pp. 44, 208, 288; Stat. 1895, p. 241; Stat. 1897, pp. 46, 135 and 191; see also People vs. Craycroft, 111 Cal. 544.] [Note 2—In the case of Santa Rosa City R. R. Co. vs. Central Street R. R. Co., the Supreme Court of the State decided (Decision January 6, 1895, 38 Pac. Rep. 986) that the provisions of Sec. 502, Civil Code, limiting the time within which street railroads must be com¬ pleted, do not of their own force produce a forfeiture “without further legislative or judicial action,” and that a grant of the same franchise to another party will not of itself effect a forfeiture; further, that in the absence of “express legislative declaration” by “apt and plain lang¬ uage to that effect;” “the franchise and right of way continues to exist until a judgment of forfeiture is obtained or the forfeiture is declared by legislative authority.” Same case on rehearing, 112 Cal. 436.] [Note 3—For act concerning fenders and brakes on street cars see Statutes 1899, page 183.] 38. To establish and regulate the issuing and granting of munici¬ pal licenses and the collection of license taxes. [Note—County of El Dorado vs. Meiss, 100 Cal. 268.] 39. To establish a City Hospital and to provide for its main¬ tenance. 24 CHARTER OF THE 40. To acquire land for public parks, and to improve and main¬ tain such lands for the benefit of all the inhabitants of the City; and also to acquire lands for public buildings and other public uses. [Note—For the general law as to issuance of bonds for parks and boulevards, see Stats. 1889, p. 361; for other municipal improvements, see Stats. 1889, p. 399; see also Stat. 1897, p. 45; see also Stats. 1901, p. 296, as to special tax.] 41. To provide water for the uses of the City and its inhabitants. [Note 1—It is competent for a City to purchase land outside its lim¬ its to supply itself with water—Section 1 of this Charter.] [Note 2—See also Subdivision 5 of this Section ante: also Section 29 of this Charter ante, and Secs, 4412-13 Political Code.] 42. To provide for the execution of all trusts confided to the City. 43. To offer rewards not exceeding five hundred dollars for the arrest and conviction of any person or persons who may have com¬ mitted a forgery in said City. 44. To provide an urgent necessity fund ,not exceeding five hun¬ dred dollars a year, to be expended under the direction of the Mayor. 45. To establish a house of correction and reformation for juven¬ ile offenders. 46. To grant to the Associated Charities of the City of Oakland a sum not to exceed one hundred and fifty dollars per month, to be expended in accordance with the articles of incorporation of that asso¬ ciation. 47. To regulate the custody, leasing and sale of all the property of the municipality, and such lost, stolen or unclaimed property as may be in possession of the police or other officers of the City. 48. To regulate all parades and processions, and to determine what parades or processions upon the streets shall not be lawful, and to declare the same a nuisance. 49. To make all rules and regulations necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Charter or by general laws in said City. 50. To make and enforce all such local, police, sanitary and other regulations as are not in conflict with general laws and the provisions of this Charter. [Note 1—See Constitution, Art. XI., Sec. 11, to same effect. An ordinance is not inconsistent with general law merely because it makes another and different regulation for the sale of a certain thing where there is no direct conflict. Ex. parte Houg Shen, 98 Cal. 681; se ex parte Lacy, 108 Cal. 326. Cases construing police power of Council: Sanitary, 105 Cal. 161, 104 Cal. 275, 98 Cal. 75; beating drums in street, 105 Cal. 558; liquors in dance halls, 98 Cal. 555; liquors where females employed, 96 Cal. . CITY OF OAKLAND, CAL. 25 360; lotteries, 108 Cal. 680; pool selling-, 91 Cal. 589; concealed weapons, 90 Cal. 617; laundries, 96 Cal. 354.] [Note 2—The Council cannot appropriate money from the City Treasury to pay the expenses of officers visiting other cities to secure information. James vs. The City of Seattle, 62 Pac. Rep. 847.] ARTICLE IV. Executive Department. [Of the Mayor.] Sec. 32. The Mayor shall be the chief executive officer of the City, and his term of office shall be two years. Sec. 33. He shall vigilantly observe the official conduct of all public officers, and take note of the fidelity and exactitude, or the want thereof, with which they execute their duties and obligations, especially in the collection, administration and disbursement of the pubic funds and property; and the books, records and official papers of all depart¬ ments, boards, officers and persons in the employ or service of the City shall at all times be open to his inspection and examination. He shall take special care to see that the books and records of the said depart¬ ments, boards, officers and persons are kept in legal and proper form; and any official defalcation or willful neglect of duty or official mis¬ conduct which he may discover, or which shall be reported to him, shall be laid by him before the Council, City Attorney or District Attorney, in order that the public interests shall be protected, and the person in default be proceded against according to law. He shall, from time to time, give the Council information in writing, relative to the state of the City, and shall recommend such measures as he may deem beneficial to its interests. He shall see that the laws of the State and the ordinances of the city are observed and enforced. He shall appoint a competent person or persons, expert in matters of book-keeping and accounts, to ex¬ amine the books, records, condition and affairs of every department, board or officer at least once in every year, and enforce such examina¬ tion. Any person refusing to submit to or to permit such examina¬ tion, or purposely delaying or impeding the same, may be suspended from office by the Mayor and removed for malfeasance in office. He shall have a general supervision over all the departments and public institutions of the City, and see that they are honestly, economically .and lawfully conducted. He shall take all proper measures for the 26 CHARTER OP THE preservation of public order and the suppression of all riots and tumults, for which purpose he is authorized and empowered to use and command the police force; and if such police force is insufficient, it shall be his duty to call upon the Governor for military aid, in the manner provided by law, in order that such riots or tumults may be properly and effectually suppressed. [Note—As to the powers of the Governor in cases of riots, etc., see Secs. 1916 and 2039, Political Code. As to posse comitatus, see Secs. 150 and 839, Penal Code.] Sec 34. He shall, at least once in three months, together with a majority of the Finance Committee of the Council, count the cash in the City Treasury and see that it corresponds with the books of the Treasurer and Auditor. Sec. 35. He shall see that all contracts and agreements with the City are faithfully kept and fully performed, and to that end shall cause legal proceedings to be commenced and prosecuted in the name of the City against all persons or corporations failing to fulfill their agree¬ ments or contracts, either in whole or in part. It shall be the duty of every officer and person in the employ or service of the City, when it shall come to his knowledge that, any contract or agreement with the City or with any officer or department thereof, or relating to the busi¬ ness of any office, has been or is about to be violated by the other contracting party, forthwith to report to the Mayor all facts and in¬ formation within his possession concerning such matter; and a willful failure so to do shall be cause for the removal of such officer or employe, as in case of malfeasance in office. [Note—For statutory proceedings to remove officers for miscon¬ duct see Secs. 758 to 772, Penal Code.] Sec. 36. The Mayor may call special meetings of the Council. The action of the Council at special meetings shall be confined to the matters specified in the notice. [Note—See also Section 14 of this Charter, ante, as to the calling of special meetings of the Council.] Sec. 37. When and so long as the Mayor is temporarily unable to perform his official duties, the President of the Council shall act as Mayor pro tempore. When a vacancy occurs in the office of Mayor, it shall be filled for the unexpired term by the Council, assembled for the purpose. A member of the Council during the term for which he shall have been elected or appointed shall be ineligible to fill such vacancy. Sec. 38. The Mayor may, when authorized by the Council so to do, appoint a Clerk, to be known as Mayor’s Clerk. The Mayor shall perform all such other duties as may be prescribed by law or ordinance. [City Clerk.] Sec. 39. The Council shall appoint a City Clerk, to hold office for the term of two years from the date of his appointment, unless sooner CITY OP OAKLAND, CAL. 27 removed by resolution. His duties shall be to keep the corporate seal and all books, records and other documents belonging' to the City, the custody of which is not in this Charter otherwise provided for; to attend all meetings of the Council and keep a journal of its proceed¬ ings, all its by-laws, ordinances and resolutions; and perform such other duties relating to his office as the Council shall direct. He shall have power to take affidavits and administer oaths in all matters relat¬ ing to the business of the city, and shall make no charge therefor. [Auditor and Assessor.] Sec. 40. The Auditor shall be ex-offiicio Assessor. As Assessor, he shall perform all the duties prescribed by this Charter or by law for assessing property in the City for purposes of taxation. As Auditor, he shall number and keep a record of all demands allowed by him, show¬ ing the date of approval, amount and name of original holder, the number, on what account and out of what fund payable. He shall be required to be constantly acquainted with the exact condition of the Treasury. He shall, on the first Monday of each month, or oftener if required, report to the Mayor the condition of each fund in the Treas- ery. He shall keep a complete set of books for the City, in which shall be set forth in a plain and business-like manner every money transaction of the City, so that he can at any time tell the exact con¬ dition of the City’s finances. He shall make an annual report showing the sources from which the City’s revenue was derived and how ex¬ pended. He shall issue all licenses and turn the same over to the Tax Collector for collection, and shall draw and sign all warrants upon the Treasury, except as otherwise in the Charter provided. Every demand must, before it can be paid, be presented to the Auditor to be approved, who shall satisfy himself whether the money is legally due and remains unpaid, and whether the payment thereof from the Treasury of the City is authorized by law and out of what fund. After such examination he shall approve or reject the claim in whole or in part, and indorse on such demand his approval or rejection over his signature, together with the date thereof. If it is approved, the fund out of which it is to be paid shall be designated. If the claim is rejected, or any part of it, unless the party presenting it is willing to take in full of the entire demand, the sum offered, the Auditor shall return it, with his reasons for rejecting it to the Council, Board or other body which originally authorized it; then, if it is allowed by a majority vote of all the members of the Council, or of the members of the Board or other body authorizing it, and approved by the Mayor, it can be audited in the same manner as if it had not been rejected; provided, the said Council, Board or other- body had the authority to make the expenditure out of which the claim arose. No demand upon the City Treasurer shall be considered, presented for action, or acted upon, allowed or approved, unless it specifies on its face each several item composing it, and the amount and date thereof. Every demand shall be numbered and acted upon by the Auditor in the order 28 CHARTER OF THE of its presentation to him; and when allowed, either in whole or in part, the warrant therefor shall be numbered and entitled to payment in the same order as allowed. No demand upon the Treasury shall be allowed by the Auditor in favor of any officer or other person, or any of their assigns, who is in any manner indebted to the City, without first deducting therefrom the amount of such indebtedness, nor in favor of any officer or other person, or his assigns, having the collec¬ tion, care, custody or control of public funds, unless the accounts of such officer or other person have been presented, passed, approved and allowed as is or may be required by law; nor in favor of any officer or other person, or his assigns, who has neglected to make any oath required by law or ordinance or other regulation cf the Council; nor in favor of any officer, or his assigns, who has failed, to the knowledge of the Auditor, to do any duty imposed on him by law jr ordinance or other regulation of the Council. The Auditor shall have authority to take affidavits and administer oaths necessary in the transaction of all City business. [Note 1—See Kelso vs, Teale, 106 Cal. 477 as to itemizing demand; see Colusa vs. Welch, 122 Cal. 428, as to itemizing demands.] [Note 2—The approval by the Council of a demand which is illegal on its face does not justify the Auditor in drawing a warrant in pay¬ ment thereof. Rooney vs. City of Oakland, 131 Cal. page 51.] [Treasurer.] Sec. 34. The Treasurer shall be ex-officio Tax Collector. as T ax Collector he shall perform the duties in this Charter and by the general laws of the State provided. As Treasurer he shall receive and pay out all moneys belonging to the City, and shall keep an account of all receipts and expenditures under such rules and regulations as may be prescribed by ordinance. He shall make a monthly statement to the Council of the receipts and expenditures of the preceding month, and shall do all things required of him by law or ordinance of said City. He shall not pay out any moneys belonging to the City except upon claims presented, allowed and audited in the manner pro¬ vided by law. As soon as suitable vaults and safes are provided, the Treasurer shall keep therein all moneys belonging to the City; and he shall not thereafter under any circumstances deposit with, or loan to any person, corporation or bank any of the moneys of the City, or allow the same (except in payment of demands against the City) to pass out of his custody. If he shall violate any of the provisions of this section, he shall forfeit his office and be forever disqualified from holding any position in the service of the City. As soon as possible after the adoption of this Charter, the Council shall provide suitable vaults and safes for the use of the Treasurer. [Note—Depositing city's money in banks, see Yarnell vs. Los Angeles, 87 Cal. 603.] CITY OF OAKLAND, CAL. 29 [Payments and Collections.] Sec. 42. All fees and other moneys received or collected by any officer, agent or employe of the City (excepting only such fees as the City Engineer may be authorized by ordinance to collect) shall be paid by such officer, agent or employee each month, or as much oftener as the Council may require, into the City Treasury for the use of the City; and no payment of salary shall be made to any officer, agent or employe who shall be in receipt of money payable to the City, until he shall have taken and filed with the Auditor an affidavit that he has paid into the City Treasury all fees or other moneys theretofore received by him or collected. [Oath.] Sec. 43. Every officer provided for in this Charter shall, before entering upon the duties of his office, take, subscribe and file with the City Clerk the following oath: “I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of [-] to the best of my ability.” [Salaries of Officers.] Sec. 44. The compensation of officers and employees of the City shall be per annum as follow's: Mayor, $3000; Treasurer and Tax Col¬ lector, $3000; Auditor and Assessor, $3000; City Attorney, $2400; City Clerk, $1500; City Superintendent of Schools, $2500; [See note below.] Superintendent of Streets, $1500; Chief of Police, $2100; Police Judge, $2400; Chief of Fire Department, $1800; City Engineer, $600; Policemen, $1200; Members of Board of Public Works, each $2400; [see note 2 below.] Members of the Council, each $480. Two policemen may be detailed as Captains of Police and two as detectives. Those so detailed shall be paid $300 per annum each in addition to their regular salary as policemen. [Note 1—By the provisions of Section 1793 of the Political Code, Stats. 1891, p. 164, City Boards of Education have “full power to fix the salary of all employes.” In June, 1902, the Board of Education of this City fixed the salary of City Superintedent of Schools at $3000 per annum. In Kennedy vs. Miller, 97 Cal. 431, it is held that school districts de¬ rive their authority from the Legislature through the general law, and that in reference to the public schools the general law controls Charter provisions. See also Mitchell vs. the Board of Education, decided by the California Supreme Court, Sept. 20th, 1902.] [Note 2—For salaries of the members of the Board of Public Works see Sec. 63 of this Charter.] [Official Bonds.] Sec. 45. Every officer provided for by law, shall, before entering upon the duties of his office, and within ten days after the mailing or 3° CHARTER OF THE delivery to him of his certificate of election or appointment [file] an official bond in such sum as the Council may by resolution, approved by the Mayor or passed over his veto, direct, payable to the City, which bond shall be subject to the law concerning - official bonds of officers. All official bonds shall be approved by the Mayor and City Attorney (except that of the Mayor, which shall be approved by the Treasurer and City Attorney, and also except that of the City Attorney, which shall be approved by the Mayor and Treasurer), the approval to be endorsed thereon; and said bonds shall be filed and kept in the office of the Auditor, and must also be recorded forthwith at the ex¬ pense of the party giving the same, in the office of the City Clerk, in a book kept for that purpose. The official bond of the Auditor, after recording, shall be kept on file in the office of the Mayor. The City Council may, at any time, require an additional amount or new sureties upon any official bond which it may determine insufficient; and must require an additional bond or new sureties whenever a surety thereon shall die or become insolvent or cease to be a resident of the State. If such additional bond or additional security be not given, the Council upon notification thereof by the Mayor, must declare the office vacant; and as soon as such declaration is made, the office becomes vacant. No official bonds shall be approved unless the sureties thereon shall justify in the manner provided for in the Political Code for the justi¬ fication of the official bonds of county officers; and all persons offered as sureties on official bonds must be personally examined on oath as to their qualification, by the officers whose duty it is to approve the bond. No officer or employe of the City or member of the Council shall be surety upon the official bond of any other officer of the City. [Note—For justification of sureties under Pol. Code, see Sec. 955 Pol. Code.] ARTICLE V. Judicial Department. [City Attonrey.] Sec. 46. The City Attorney shall be an attorney and counselor at law, duly admitted to practice by the Supreme Court of this State, and shall have been actually engaged in the practice of his profession for at least five years previous to his election. It shall be his duty to attend to all suits ind other matters in which the city may be legally interested; to give his advice or opinion in writing whenever required by the Mayor, Council, Board of Education, Board of Public Works, ♦ CITY OF OAKLAND, CAL. 31 Auditor, City Clerk or Treasurer; and to do and perform all such other things touching his office as may be required of him by the Mayor, ■Council, Board of Education or Board of Public Works. He shall draft and approve all official or other bonds required by this Charter, or by ordinance, resolution, motion or order of the Council, Board of Education, or Board of Public Works, save and except his own bond. His bond shall be drafted and approved by the Mayor. [Note—This Section together with Sections 7, 63 and 72, was amended at an election held January 26, 1895, and such amendment was approved by the Legislature, Jan. 31, 1895. The original Section 46 was as follows: The Mayor shall, by and vith the advice and con¬ sent of the Council, appoint an attorney for the City, who shall be known as the City Attorney. His term of office shall be two years. He shall be an attorney and counselor at law, duly admitted to prac¬ tice by the Supreme Court of this State, and shall have actually been •engaged in the practice of his profession for the period of at least five years before his appointment. It shall be his duty to prosecute, on behalf of the people, all criminal cases growing out of violations of city ordinances and resolutions, and to attend to all suits and other- matters in which the City may be legally interested; to give his advice or opinion in writing whenever required by the Mayor, Council, Board •of Education, or Board of Public works, and to do and perform all such other things touching his office as by the Council or Mayor may be required of him. The City Attorney shall draft and approve all official or other bonds required by this Charter, or by ordinance, resolu¬ tion, motion or order of the Council, except his own bond. His bond shall be drafted and approved by the Mayor.] [Note—Fees for extra services not allowed: See Buck vs. City of Eureka, 109 Cal. 504.] COURTS. Sec. 47. The judicial power of the City shall be vested in a Police -Court and in such Justices’ Courts as are or may be provided for by law. [Police Courts] [Note—The establishment, jurisdiction and regulation of the Police Court was attempted to be prescribed by Sections 48 to 57, inclusive, of the Charter, as adopted; but the Supreme Court of the State subse¬ quently decided (ex parte Ah You, 82 Cal. 339) that, such Court had “no legal existence,” but that the general law known as the “Whitney Act,” so called, which provided for a Police Court in cities of certain population, was in effect in this City. (See also the cases of ex-parte Henshaw, 76 Cal. 446, and The People vs. Frank Toal, 85 Cal. 333.) The sections of the Charter referred to, which are inoperative, are therefore omitted and the Whitney Act inserted. An Act to provide for police Courts in cities having thirty thous¬ and and under one hundred thousand inhabitants, and to provide for 32 CHARTER OF THE officers thereof. See Stats. 1885, p. 213; Stats. 1891, p. 292; Stats.. 1893, p. 41; Stat. 1895, p. 113; see also ex parte Giambonini, 117 Cal.. 573; ex parte Sparks, 52 Pac. Rep. 715, and People vs. Sands, 102 Cal. 12.] Sec. 58. The Police and Fire Commissioners shall designate a policeman who shall always attend on the Police Court and act as bailiff thereof. [Justices’ Court.] [Note—For the general law establishing the City Justices’ Courts, see Sec. 103, Code of Civil Procedure, held constitutional in 58 Cal- 572, 576. The City Justices are elected at the general election in No¬ vember of even numbered years. See 58 Cal. 558, 572. As to jurisdic¬ tion, salary, reports and payment of fees into Treasury, see Secs. 103, 112-115, C. C. P. As to salary warrants, see Stats. 1883, p 63.] Sec. 59. Two City Justices of the Peace shall be elected, whose terms of office shall be two years. Their Courts shall always be open, legal holidays excepted. Sec. 60. The Justices’ Courts and the Justices thereof shall have the powers and jurisdiction which are now or may be prescribed and conferred by law upon the City Justices of the Peace and City Jus¬ tices’ Courts, provided, however, that within the corporate limits of the city the City Justices of the Peace and City Justices’ Courts shall have exclusive jurisdiction and power over all matters, actions and things which are now or may be conferred by law upon Justices of the Peace; and provided, further, that they shall not have the power to try or decide any public offense whereof the Police Court of said city has jurisdiction. Sec. 61. Each Justice of the Peace shall pay to the Treasurer of said city, on the first Monday of each month, all fines by him collected, and all fees which are by law chargeable for services rendered by him. accompanied by a verified written report, showing the amount thereof, from whom and in what case such fines and fees were collected and paid. A copy of this report shall, at the same time, be filed with the Auditor. All such fines and fees shall go to the credit of the General Fund. Sec. 62. The Justices’ Courts herein provided for are intended to be the Justices’ Courts provided for by general law, and nothing herein contained shall be construed to authorize the election of more- than two Justices of the Peace for the city. V. CITY OF OAKLAND, CAL. 33 , ARTICLE VI. Department of Public Works. CHAPTER I. Sec. 63. There shall be a Department of Public Works, under the management of three Commissioners, who shall constitute the Board of Public Works. The Commissioners shall consist of the Mayor, City Attorney and City Engineer. The Mayor shall receive no com¬ pensation for services rendered as such Commissioner. The City Attorney and City Engineer shall receive, in addition to their res¬ pective salaries, a yearly salary of six hundred dollars each as com¬ pensation for their services as members of the Board of Public Works. [Note—This section, together with Sections 7, 46 and 72, was amended at an election held January 26, 1895, and such amendment was approved by the Legislature January 31, 1895. The original Section 63 was as follows: There shall be a department of Public Works, under the management of three Commissioners, who shall constitute the Board of Public Works. The Commissioners shall be appointed by the Mayor from among the qualified electors of the city. Their terms of office shall be four years, and not more than two shall belong to the same political party. The Commissioners first appointed shall at their first meeting so classify themselves by lot that one of them shall go out of office in two years, one in three years, and one in four years.] Sec. 64. Immediately upon their appointment and qualification, the Commissioners shall organize as a Board and elect one of their number President, who shall hold his office for the term of one year; and they shall elect a secretary, who shall not be a member of the Board. The Board shall establish rules and regulations governing its proceedings, and for the regulation and conduct of its officers, clerks and employes; and may require bonds from any of its subordinates for the faithful performance of their duties. Sec. 65. The Board shall hold a regular meeting once in each week, and special meetings at such other times as it may appoint, or of which the President may give notice. The regular meetings shall be held on a day and at an hour fixed by resolution entered upon its records, and which shall not be changed except by similar resolution, of which notice shall be posted for two weeks. The meetings of the Board shall be public. Two members shall constitute a quorum, and the affirmative votes of two members shall be necessary to pass any order or resolution. No business shall be transacted at a special or adjourned meeting of the Board, except such as may have been made the special order of business for such meeting, or such, as may have 34 CHARTER OF THE been under consideration at the meeting from which the adjournment was had, or such as may have been specified in the notice of the meeting. Sec. 66. The Board shall cause to have kept a record of its pro¬ ceedings; and shall keep all maps, plans, specifications, estimates, con¬ tracts, certificates, receipts, surveys, field notes, and profiles belonging to the city and all papers pertaining to the transactions of the Board. It may, when it shall deem it expedient, and shall, when requested by the Council or the Board of Education or the Mayor, furnish such data or information as may be requested. Sec. 67. The Secretary of the Board shall keep a record of its transactions, specifying therein the names of the Commissioners pres¬ ent at the meetings, and giving the ayes and noes upon all votes. Every order or resolution shall be recorded at length, and the record shall be approved by the Board. The Secretary shall cause the publi¬ cation of all notices herein authorized to be published, or which the Board shall order to be published, and shall perform such other duties as the Board may from time to time prescribe. Sec. 68. The Board may appoint such employees as are herein provided for, or as may be authorized by the Council. The salaries of all officers clerks and employes of the Board, except so far as the same are designated in this Charter, shall be fixed from time to time by the Council in its discretion, on recommenda¬ tions by the Board. Sec. 69. The Board shall, immediately after its organization, take possession and have the custody and control of all maps, surveys, field notes, records, plans, specifications, contracts, models, machinery, tools, appliances, contract rights, privileges, books, documents, papers, archives, and property belonging to said city, heretofore kept by or in the offices of the City Engineer, the City Marshal and the Wharfinger. Sec. 70. The Board shall have charge and superintendence of all public work of every kind, not otherwise controlled by general laws, to be done for the city or for the Board of Education or any other department, and also of the furnishing of all material and supplies for public use, or for the use of the Board of Education or for any other department, except as otherwise provided in this Charter. It shall be the duty of the Board vigilantly to inspect all parts of the city and to recommend from time to time to the Council such work as it shall deem necessary or proper. Sec. 71. The Board shall have special charge, superintendence and control, subject to such ordinances as the Council may from time to time adopt, of the harbor and water front, and of all streets, sidewalks, highways, roads, bridges, wharves, parks, and public places belonging to the city, or dedicated to public use, and of the improvement and repair thereof; of all sewers, drains and cesspools, and the work per¬ taining thereto, or to the drainage of the city; of the cleaning of streets and of all repairs upon accepted streets; of the construction and repair CITY OF OAKLAND, CAL. 35 of all public building's, and the making of all public improvements for the city, or under its authority, and of the repairs of such improve¬ ments; of all lamps and lights for the lighting of streets, parks, public places and public buildings of the city, and of the erection of all posts for such lamps and lights, and of all public works and improvements hereafter to be done by the city. The Board shall have exclusive authority to prescribe rules and grant permits in conformity with the ordinances of the city for the moving of buildings through the streets thereof, and the building or placing of cellars or vaults under the streets or sidewalks and the con¬ struction of entrances thereto; the construction of steps or other ap¬ proaches to buildings upon the sidewalks, and of railings and fences inclosing areas upon the sidewalks; the putting up of signs and awnings; the location of steam boilers; the laying down and construction of railroad tracks in the streets; the erection of telegraph and telephone poles, and poles for electric lighting or other electrical purposes, and the laying of telegraph or telephone wires, and wires for electric light¬ ing or other electrical purposes; the construction of drains and sewers; the laying down and taking up of gas, steam and water pipes, pneu¬ matic or other tubes or pipes and sewers and drains, and determining the location thereof; the use of the street or any portion thereof for the deposit of building material in front of a building during its construc¬ tion or repair, or for any purpose other than such as ordinarily and properly belongs to the public from the dedication thereof to public use. The Board shall have full power to regulate and control, subject to the ordinances of the city, the anchorage of vessels in San An¬ tonio creek or elsewhere within the limits of the city; the manner of using the streets, sidewalks, wharves, harbor, parks and public places, and to prevent and remove obstructions therefrom, and to cause the prompt repair of the streets, sidewalks and public places when the same may be taken up or altered. The Board is authorized to collect, by suit or otherwise, in the name of the city, the expense of such repairs from the person or persons by whom such street or sidew r alk was injured or torn up. The Board shall regulate, subject to the require¬ ments of the Board of Health and the ordinances of the Council, the construction of sinks, gutters, w T ells, cesspools and privy vaults, and compel the cleaning or emptying of the same, and regulate the time and manner in which the work shall be done. Sec. 72. The City Engineer shall perform all civil engineering and surveying required in the prosecution of the public works and improvements done under the direction of the Board of Public Works, and shall certify to the progress and completion of the same, and do such other work pertaining to his profession as he may be directed to do by the Board of Public Works or the City Council or by any gen¬ eral law of the State of California. He shall possess the same power in the city in making surveys, plats and certificates as is or may be 3* CHARTER OF THE from time to time given by law to the County Surveyor, and his official acts, and all plats, surveys and certificates made by him, shall have the same validity and be of the same force and effect as are and may be given by law to those of the County Surveyor. With the con¬ sent and approval of the Board of Public Works, the City Engineer may appoint such deputies as the duties of his office may require, the number of such deputies, however, not to exceed the number that may be fixed from time to time by the Council. [Note—This section, together ' with Sections 7, 46 and 63, was amended at an election held January 26, 1895, and such amendment was approved by the Legislature January 31, 1895. The original Sec¬ tion 72 was as follows: The Board shall appoint a civil engineer, who shall have had at least ten years’ practical experience as such, who shall be designated City Engineer. He shall perform all civil engineering and surveying required in the prosecution of the public works and improvements done under the direction of the Board, and shall certify to the progress and completion of the same, and do such other work pertaining to •his profession as he may be directed to do by the Board or by the Council or by the general law of the State of California. He shall possess the same power in the city in making surveys, plats and certifi¬ cates as is or may be from time to time given by law to the County Surveyor; and his official acts, and all plats, surveys and certificates made by him shall have the same validity and be of the same force and effect as are or may be given by law to those of County Sur¬ veyor. With the consent and approval of the Board, the City Engineer may appoint such deputies, not exceeding the number that may be fixed by the Council, as the duties of his office may require.] Sec. 73. The Board shall appoint a Superintendent of Streets, whose duty shall be to see that the laws, ordinances, orders and regu¬ lations relating to the public streets and highways be fully carried into execution, and that the penalties thereof are rigidly enforced. He shall superintend and direct the cleaning of all sewers, and keep him¬ self informed of the condition of all the public streets and highways, and also of all public buildings, parks, lots and grounds of the city, and report the same to the Board, and shall perform such other ^duties as are hereinafter specified, or as the Board may require of him, and he shall have the power and shall perform the duties required of the Superintendent of Streets by the Act of the Legislature of the State of California entitled “An Act to Provide for Work Upon Streets, Lanes, Alleys, Courts, Places and Sidewalks, and for the Construction of Sewers Within Municipalities,” approved March 18, 1885, or by any Acts amendatory thereof, supplementary thereto, or substituted therefor. He shall keep a public office in some convenient place within the city, and shall keep therein the records of his office and a register of all streets accepted by the city, with an index for easy ^reference. He shall, before entering upon the duties of his office, give CITY OP OAKLAND, CAL. 37 bonds to the city, with such sureties and for such sum as may be required by the Council; and should he fail to see the laws, ordinances and regulations relating to the public streets and highways carried into execution after notice from any citizen of a violation thereof, he and his sureties shall be liable upon his official bond to any person injured in person or property in consequence of said official neglect. Sec. 74. The Board may, whenever it shall deem it advisable, ap¬ point an architect, who, under the direction and control of the Board, shall prepare plans and specifications of the work to be done, make necessary drawings and estimates of cost for the same, judge of and determine the quality and durability of the materials that may be furn¬ ished for the construction or repair of any public building, and approve of or reject the same, and take special care that all work be done in a good, substantial and workmanlike manner, and in accordance with the drawings, plans and specifications. Sec. 75. The Board may, also, whenever it shall deem the same advisable, appoint a Superintendent of Public Works, who shall be a master builder, and who shall, when any public building is in the ■course of construction or of repair, or when any materials to be used in its construction or in its repair are being furnished, be in attend¬ ance at said building and see that the work is done in a good, sub¬ stantial and workmanlike manner, and that the materials used or fur¬ nished are of the description, quality and quantity called for by the •specification and contract. All work upon public buildings under the control of said Board shall be done under the immediate supervision of said Superintendent, and all materials used in the construction or repair thereof shall be furnished under his immediate supervision. Sec. 76. All officers, employes and agents appointed by the Board shall hold office during the pleasure of the Board. [Note—Compare Sec. 206 post.] Sec. 77. The Board of Public Works shall, within the time speci¬ fied in the requisition made upon it by the Council or by the Board of Education or other department of the city thereunto authorized, procure and cause to be done such construction, improvement, addition or repairs and printing and other work of any kind as may be required ■of it. Sec. 78. All public work authorized by the Council to be done under the supervision of the Board and not within the provisions of the general law of the State of California operating thereon and all work for which the Board of Education shall make requisition upon the Board of Public Works, shall be done under written contract, except in case of urgent necessity as hereinafter provided. Before awarding any contract for doing work authorized by this chapter, the Board shall cause notice inviting sealed proposals for the contemplated work to be posted conspicuously in its office and published for not less than five days; and in case that the estimated cost of the work exceed CHARTER OF THE ;8 $5000, to be so posted and published for not less than twenty daysr except that when any repair or improvement not exceeding an esti¬ mated cost of two hundred dollars, shall be deemed of urgent neces¬ sity by the Board, such repair or improvement may be made by the Board under written contract or otherwise, without advertising for sealed proposals. Sec. 79. Said advertisement and notice shall invite sealed pro¬ posals, to be delivered at a certain day and hour at the office of the Board, for furnishing the materials for the proposed work, or for doing said work, or for both, as may be deemed best by the Board, and shall contain a general description of the work to be done, the mater¬ ials to be furnished, the time within which the work is to be com¬ menced, and when to be completed, and the amount of bonds to be given for the faithful performance of the contract, and shall refer to plans and specifications on file in the office of the Board for full de¬ tails and description of said work and materials. Sec. 80. All proposals shall be made upon printed forms, to be prepared by the Board and furnished gratuitously upon application,, with a form for the affidavit hereinafter provided for, printed thereon. Each bid shall have thereof the affidavit of the bidder that his bid is genuine, and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person or corporation to refrain from bid¬ ding, and that the bidder has not in any manner sought by collusion to secure to himself an advantage over other bidders. Any bid made without such a ffidavit or in violation thereof shall be absolutely void, and also any contract let thereunder. If at any time discovery shall be made that a contract has been let to a bidder who has violated or evaded this oath, the contract shall be cancelled and no recovery shall be had thereon, and the Board shall at once proceed as before to award a new contract. All bids shall be clearly and distinctly written, with¬ out any erasure or interlineation, and if any bid shall have an erasure or interlineation, it shall not be received or considered by the Board. All proposals offered shall be accompanied by a check, certified by a responsible bank, payable to the order of the Clerk of the Council,, for an amount not less than ten per cent of all the aggregate of the pro¬ posal; and no proposal shall be considered unless accompanied by such check. No person, corporation or firm shall be allowed to make, file or be interested in more than one bid for the same work. If on the opening of said bids more than one bid appear in which the same person, corpor¬ ation or firm is interested, all such bids shall be rejected. Sec. 81. On the day and at the hour specified in said notice invit¬ ing sealed proposals, the Board shall assemble and remain in session for at least one hour thereafter, and all bids shall be delivered to the CITY OF OAKLAND, CAL. 39 Board by the bidder or his agent while it is so in session and within the hour named in the advertisement. No bid not so delivered to the Board shall be considered. Each bid, as it shall be received, shall be numbered and marked “Filed” by the President and authenticated by his signature. At the expiration of the hour stated in the advertise¬ ment within which the bids will be received, the Board shall, in open session, open, examine and publicly declare the same, and an abstract of each bid shall be recorded in the minutes of the Board by the Sec¬ retary. Before adjourning, the Board shall compare the bids with the record made by the Secretary, and shall, thereupon, at said time, or at some other time, not exceeding twenty days thereafter, as the Board may adjourn to, award the contract to the lowest bidder, except as otherwise herein provided. Notice of such award shall forthwith be posted for five days by the Secretary of the Board in some conspicuous place in the office of the Board. . The Board maj^ reject any and all bids, and must reject the bid of any party who has been delinquent or unfaithful in any former con¬ tract With the city, and all bids other than the lowest regular bid; and on accepting said lowest bid, shall thereupon return to the proper parties the checks corresponding to the bids so rejected. If all the bids are rejected, the Board shall return all the checks to the proper parties, and again invite sealed proposals, as in the first instance. [Note—It is not necessary for the Board in making a record of its action in rejecting a bid to state the reasons for such rejection. Rice vs. Board, 107 Cal. page 398.] The check accompanying the accepted bid shall be held by the Secretary of the Board until the contract for doing said work, as here¬ inafter provided, has been entered into, whereupon said certified check shall be returned to said bidder. If said bidder fails or refuses to enter into the contract to do said work as hereinafter provided, then the certified check accompanying his bid, and the amount therein mentioned, shall be forfeited to the city and shall be collected and paid into the Street Department Fund. Neither the Board of Public Works nor the Council nor the Board of Education shall have power to relieve from or remit such forfeiture. [Note—Where a party is awarded a contract under a bid made by said party, and it appears that by reason of the mistake of the bidder, the bid was so low as to render the enforcement of such contract by tfyp city unconscionable, a suit in equity on behalf of the bidder will lie to relieve him from said bid and to enjoin the city from enforcing it. Moffett vs. City of Rochester et al., 82 Fed. Rep. 255.] Sec. 82. If at any time it shall be found that the person to whom a contract has been awarded has, in presenting any bid or bids, col¬ luded with any other party or parties, for the purpose of preventing any other bid being made, then the contract so awarded shall be null and void, and no recovery shall be had thereon, and the Board shall advertise for a new contract for said work. 40 CHARTER OF THE Sec. 83. All contracts shall be drawn under the supervision of the City Attorney, and shall contain detailed specifications of the work to be done, the manner in which it shall be executed, and the quality of the materials to be used. No change or modifications in the plans or specifications shall be made after proposals for doing the work have been called for. Every contract entered into by the Board shall be signed by at least two of the members therof, and by the other contracting party. All contracts shall be signed in triplicate, one of which, with the speci¬ fications and drawings, if any, of the work to be done, and the mater¬ ials to be furnished, shall be filed with the Board of Education, where the work is done upon requisition of that Board, and in other cases with the City Clerk; one thereof, with said specifications and drawings, shall be kept in the office of the Board, and the other, with said speci¬ fications and drawings, shall be delivered to the contractor. At the same time with the execution of the contract, said con¬ tractor shall execute to said city, and deliver to the Secretary of the Board, a bond in the sum named in the notice for proposals, with two or more sufficient sureties to be approved by the Board; or shall deposit with the Secretary a certified check upon some solvent bank for said amount, for the failtful performance of said contract. No surety on any bond shall be taken unless he be a resident and house¬ holder or freeholder within the State, and worth the sum specified in the bond, over and above all his just debts and liabilities, exclusive of property exempt from execution; and each surety shall justify and make and sign an affidavit to that effect, of which affidavit a form shall be printed upon the bond. But when the amount specified in the bond exceeds $3000, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed‘in the bond, if the whole amount be equivalent of two sufficient sureties. The contract shall specify the time within which the work shall be commenced, and when to be completed, as was specified in the notice inviting proposals therefor. Upon the recommendation of the Board the Council may extend the time; but in no event shall the time for the performance of said contract be extended by the Council more than ninety days beyond the time ariginally fixed for its com¬ pletion. In the case of failure on the part of the contractor to complete his contract within the time fixed in the contract, or within such exten¬ sion of said time as is herein provided, his contract shall be void, and the Council shall not pay or allow to him any compensation for any work done by him under said contract. Sec. 84. The Board of Public Works shall, within the time speci¬ fied in the requisitions made upon it by the Council or by the Board of Education or other department of the city thereunto authorized, procure and furnish such material and supplies as may be required of it. The Board of Public Works shall invite sealed proposals for furnishing the material and supplies so required by notices to be CITY OF OAKLAND, CAL. 4 r posted conspicuously in its office and published for five days, and in case the estimated cost exceed $5000, to be posted and published for ten days, and shall award contracts therefor to the lowest bidder upon his giving security satisfactory to the Board. Sec. 85. The notices inviting proposals for work to be done and materials and supplies to be furnished as provided for in this chapter shall specify for what department the requisition is made and shall require the work done and the materials and supplies furnished to be subject to the approval of such department; and all contracts must contain a provision to that effect, and also to the effect that the work done and material and supplies furnished must be in accordance with the specifications and to the satisfaction of the Board of Public Works. When said work shall have been completed or material and supplies furnished to the satisfaction of the Board of Public Works, it shall so declare by resolution and shall deliver to the contractor a certificate to that effect. Sec. 86 . The Commissioners shall not, nor shall either of them, or any person employed in said Department, be interested, directly or indirectly, in any contract for work, labor or material entered into by the Board; nor shall either of such Commissioners, efficers or employes be allowed to receive any gratuity or advantage from and contractor, laborer or person furnishing labor or material for the same. Any contract made in violation of any of the provisions of this section shall be void; and the receipt of any such gratuity shall be cause for the im¬ mediate removal from office, or from employment, of the person so re¬ ceiving it, and he shall be forever disqualified from holding any position in the service of the city. [Note—As to summary proceedings for removal of officers, see Secs. 758 to 772, Penal Code.] * CHAPTER II. OPENING OF STREETS. [Note—In the case of Byrne vs. Srain, 127 Cal. page 663, it was held that the opening and widening of streets are “municipal affairs,” within the meaning of the Constitution, and that provisions of a city Charter on the subject of Street Opening were relieved from the control of the general street opening act by the amendment of 1896 to Section 6 of Article XI. of the Constitution.] Sec. 87. The Council is empowered to open, straighten, extend and widen streets, and to modify the boundaries and change the grades thereof and to determine the property benefited thereby, and to assess the expenses of such improvement upon the property benefited. Sec. 88 . All proceedings under this Charter shall be commenced by petition, signed by five or more residents and freeholders within the 42.)] 4. To provide for the School Department all necessary supplies, and incur such other incidental expenses as may be necessary for the welfare of the department. 5. To build, rent and provide schoolhouses, and to furnish them with proper school furniture, apparatus and appliances. 6. To purchase, sell or exchange school lots, and to take charge of any and all real estate and personal property that may have been acquired, or may hereafter be acquired, for the use and benefit of the public schools of the city; and to make, in the name of the city, con¬ veyances of property belonging to the city and sold by the Board of Education; provided, that no real estate shall be bought, sold, or ex¬ changed without the consent of the Council, evidenced by ordinance; and provided, further, that the proceeds of any such sale or exchange of real estate shall be exclusively applied to the purchase of other lots, or the erection of schoolhouses for the use of this department. 7. To appoint School Census Marshals on or before the first day of May of Each year, whose duties shall be as prescribed by general law, and to notify the County Superintendent of Schools of such appoint¬ ments. [Note—For the general law as to Census Marshals, see Secs. 1634 to 1640, Political Code.] 8. To sue in the name of the city for any and all property acquired or claimed for the use and benefit of the School Department, and to presecute and defend all actions at law or in equity, necessary to re¬ cover and maintain the full enjoyment and possession of said property, and to require the services of the City Attorney in all such actions. 9. To estimate annually the amount of money required for the sup¬ port of the public schools, and for carrying into effect all the provisions of law in reference thereto; and in pursuance of this provision the Board shall, on or before the last Monday of July of each year, submit in writing to the Auditor a statement verified by at least a majority of the Board, containing a careful estimate of the whole amount of money to be received from the State and county, and the amount required from the city for the above purposes. The Auditor shall transmit the same to the Council as in this Charter provided, and the Council shall, in each year, after receiving such estimate, fix, in its discretion, by ordi¬ nance the percentage of taxes to be levied and collected for school pur¬ poses; provided, that the amount thus levied for school purposes shall not exceed thirty cents on each one hundred dollars valuation upon the CITY OP OAKLAND, CAL. 51 assessment roll, but may be increased to forty cents by the consent of two-thirds of the Council; and that when collected it shall be immedi¬ ately paid into the school fund, to be drawn out only upon the order of the Board of Education. [Note—Estimate by Board, Board of Education vs. Trustees, 96 Cal. 42, and Board of Education vs. Trustees, 129 Cal. 599.] 10. To establish regulations for the just and equitable disburse¬ ment of all moneys belonging to the Public School Fund. 11. To examine every demand payable out of the School Fund, and for good cause to reject any such demand, or to allow the same in whole or in part; and to compel the attendance of witnesses before the Board or any committee thereof in any matter under investigation. 12. To discharge all legal incumbrances now existing, or which may hereafter exist, upon any school property. 13. To prohibit any child under six years of age from attending the public schools, and to suspend or expel pupils for misconduct. 14. To dispose of and sell at public auction such personal property as shall no longer be required by the department. All moneys realized from such sales shall be paid into the Treasury to the credit of the School Fund. [Note—See Sec. 185 post.] 15. To receive and manage property or money acquired by device, bequest or donation in trust for the benefit of any school, educational purpose, or school property. 16. To exclude from the schools and school libraries all books,, publications or papers of sectarian, partisan or denominational char¬ acter. 17. To furnish books for the children of parents unable to furnish them. The books so furnished shall belong to the city, and shall be kept in the libraries of the schools when not in use. 18. To keep a register at each school, open to the inspection of the public, of all children applying for and entitled to admission in the schools, and to notify the parents or guardians of- such children -when vacancies occur, and to receive such children in the schools in the order in which they Eire registered. 19. To make an annual report on or before the first day of July in each year to the County Superintendent of Schools in the manner and form and on the blanks prescribed by the State Superintendent of Pub¬ lic Instruction. 20. To make a report whenever required, directly to the State Superintendent of Public Instruction, of the text-books used in the city schools. 21. Each member of the Board shall visit every school in the city at least once in each term, and examine carefully into its management,, condition and wants. 52 CHARTER OF THE 22. It shall be the duty of the Board to prescribe a course of study that will fit and prepare the students therein to enter any of the de¬ partments of the University of the State of California. Such course shall be known as the High School Course. [Note—The general law governing High Schools in municipalities is to be found in Sections 1669, 1670 of the Political Code. See also Sec¬ tions 112, 128 of this Charter, and notes thereto.] 23. The Board may provide departments for the training of pupils in the industrial and mechanic arts, and shall have power to furnish such departments with necessary tools, apparatus and appliances. 24. And generally to do and perform such other acts as may be required by general law applicable to the city, and as may be necessary and proper to carry into force and effect the powers conferred on said Board, and to increase the efficiency oft he public schools in the city. Sec. 115. The City School Superintendent and each member of the Board shall have power to administer oaths and affirmations in all mat¬ ters connected with the department. Sec. 116. For all supplies, books, stationery, fuel, printing, goods, merchandise and all other materials and supplies for the public schools, or any of them, when the expenditure to be incurred on account of such matter may exceed one hundred dollars, the Board of Education shall make a requisition upon the Board of Public Works. Such requi¬ sition shall state in clear and explicit terms the quantity and kind of all articles needed and how, when and where to be delivered. Sec. 117. The Board of Education shall annually, at its first regular meeting in May, make such requisition for all supplies estimated to be required by the School Department for the ensuing fiscal year. Sec. 118. It shall be the duty of the Board to furnish annually in writing such information concerning the public schools of the city as may be required from it by law, or the State Superintendent of Public Instruction or the Council. Sec. 119. The Board of Education, at any time when deemed neces¬ sary may, by resolution passed at a regular meeting, make a requisition upon the Board of Public Works for plans and specifications and esti¬ mates for a new school house, specifying the location thereof, and number of class rooms needed, the date on which it should be com¬ pleted, the amount of money in the School Fund available for the purpose, and such other information as will enable the Board of Pub¬ lic Works to prepare the necessary plans, specifications and estimates of the cost of such school house. Sec. 120. The Board of Public Works shall, within thirty days after the receipt of such requisition, submit in duplicate to the Board of Education, such plans, specifications and estimates, wTiich the Board of Education may approve, reject or recommit it to the Board of Pub¬ lic Works. When approved, the date of approval shall be indorsed on CITY OF OAKLAND, CAL. 53 'each duplicate by the President and Secretary of the Board of Edu¬ cation; and thereupon one of said duplicates shall be filed with the archives of the Board of Education, and the other shall be returned to the Board of Public Works, which shall proceed without delay with the erection of such new school house in accordance therewith. Sec. 121. The Board of Public Works shall notify the Board of Education of the completion of such new school house. The Board of Education shall thereupon examine the same, and if built in accordance with the plans and specifications, and within the estimated cost thereof, shall accept, pay for and take possession thereof. Sec. 122. When any school house, building, fence, grounds or sidewalk under control of the Board of Education needs repairing, altering, improving or additions, said Board shall notify the Board of Public Works, specifying in general terms the work to be done. If the cost of such repairing, altering, improving and additions shall not exceed two hundred dollars, the last named Board shall cause the same to be done forthwith, and report the completion thereof with an item¬ ized account of the cost to the Board of Education. If the cost of such repairing, altering, improving and additions shall exceed said sum, the same proceedings shall be had as provided for the erection of a new school house. Sec. 123. Any School Director, officer, or other person officially connected with the School Department, or drawing a salary from the Board of Education, who shall, while an officer so connected or draw¬ ing salary, be interested either directly or indirectly in, or who shall gain any advantage or benefit from any contract, payments under which are to be made, in whole or in part, out of the moneys derived from the School Fund, or raised by taxation or otherwise for the support of the public schools, or who shall gain or attempt to gain by reason of any official act or the promise of any official act, any consideration, advantage, or benefit from any teacher or any employe of the depart¬ ment, or from any applicant for a position in the department, shall forfeit his office and be forever disqualified from holding any position in the service of the city; and this provision shall not be construed to relieve such person from any other penalty, but shall be deemed cumu¬ lative to other penalties and disabilities for such acts and offenses. Sec. 124. The Board of Education shall, between the first and tenth day of June of each year, fix a schedule of salaries for teachers and employees of the School Department, to take effect on the first day of July following, and to remain in force during the fiscal year. Sec. 125. There shall be a City Board of Examination, which shall have the authority and shall be constituted, governed and compen¬ sated as provided in Article XVII., Chapter III., Title III., Part III., of the Political Code and all acts amedatory thereof and supplemental thereto and the holders of the certificates, granted by the Board of Ex¬ amination, shall be entitled to the same protection and subject to the same rule and regulations as are provided in said Article XVII. 54 CHARTER OF THE [Note 1—The portion of the 'Political Code herein referred to is to be found in Sections 1787 to 1794, inclusive.] [Note 2—The Superior Court of this county has decided that the Constitution, Art. IX., Sec. 7,’ does not require the holding of a county certificate to render a teacher eligible to employment by the City Board of Education. See the case of “Campbell vs. Campbell,” No. 4635, decided Oct. 6, 1887; Hamilton, Judge.] Sec. 126. It shall be the duty of the Board of Education immed¬ iately after its organization, to elect a City School Superintendent, who shall be an experienced teacher, and whose term of office shall be four years. The City School Superintendent may appoint an assistant, who shall also be an experienced teacher, and whose salary shall be fixed by the Board. Sec. 127 The City School Superintendant shall act as Secretary and book-keeper of the Board of Education, and perform the clerical duties required by such Board. In the absence of the Superintendent and his assistant, the Board of Education may appoint one of their own number to act as Secretary. It shall be the duty of the Superin¬ tendent, for good and sufficient cause, to provisionally suspend any teacher employed in the schools of the city until the next meeting of the Board. It shall be his duty to report to the Board of Education an¬ nually, and at such other times as it may require, all matters pertaining to the expenditures, income and condition and progress of the public schools of said city during the preceding year, with such recommenda¬ tions as he may deem proper, to visit each school at least once a month,, to observe and cause to be observed such general rules for the regu¬ lation, government and instruction of the schools as may be established by the Board; to recommend to the Board for good cause the dis¬ missal of teachers and the cancellation of their certificates, stating the reason therefor; to attend all sessions of the Board, and inform them at each session of the condition of the public schools, school houses, School Fund and other matters connected therewith, and recommend such measures as he may deem necessary for the advancement of edu¬ cation in the city; to acquaint himself with all the laws, rules and regu¬ lations governing the public schools in the city, and the judicial decis¬ ions thereon, and give advice connected with the public schools, gratui¬ tously, to officers, teachers, pupils and their parents and guardians. Sec. 128. The School Fund shall consist of all moneys received from the State and County School Fund; of all moneys arising from taxes, which shall be levied annually by the Council for school pur¬ poses; of all moneys arising from the sale, rent or exchange of any of the school property, and of such other moneys as may, from any source whatever, be paid into the School Fund, which fund shall be separate and distinct from all other moneys, and shall only be used for school purposes under the provisions of this Charter. If, at the end of any fiscal year, any surplus remains in the School Fund, such surplus shall be carried forward to the School Fund of the next fiscal year, and shall. CITY OF OAKLAND, CAL. 55 not be for any purpose whatever diverted or withdrawn from said fund, except under the provisions of this Charter. [Note—By the general iaw, (Sec 1617, Political Code,) which supersedes all conflicting Charter provisions, each incorporated city constitutes a school district under our common school system, and the Board of Education is required “to pay all moneys collected by them from any source whatever for school purposes into the County Treasury,” to be placed to the credit of the School Fund of the city. The County Superintendent of Schools is required to apportion to such fund, for the city as such school district, its proportion of the school moneys of the county (Sec. 1543, Pol. Code). On the order of the Board of Education, it is the duty of the County Superintendent “to draw his requisition upon the County Auditor for all necessary expenses against the School Fund of any city,” and “upon receipt of such requisition, the (County) Auditor shall draw his warrant upon the County Treasurer in favor of the parties, and for the amounts stated in such requisition.” (Sec. 1543, Pol. Code.) See Kennedy vs. Miller, 97 Cal. 429. An attempt was made, by amendment of Sec. 1543, Sub. 3, Political Code, in 1893, Stats. 1893, p. 240, to provide for the drawing out of the County Treasury in a lump sum of all school moneys apportioned to any city therein, but this amendment was declared unconstitutional in the case of Bruch vs. Colombet, 104 Cal. 347. Provision for the maintenance of the High School is made by Sec. 1670 of the Political Code, Stats, 1893, p. 268, as amended, Stat. 1895, p. 293, and Stat. 1897, p. 79, under which a special city tax levy is made, the money so raised to be paid into the City Treasury to the credit of the High School Fund, and to be paid out upon warrant of the Board. As to High Schools, see also Section 112 of this Charter, ante, and also Section 114, Subd. 22, ante.] Sec. 129. The School Fund shall be used and applied by the Board of Education for the following purposes, to-wit: 1. For the payment of the salaries or wages of the Superintendent, Assistant Superintendent, teachers, janitors, School Census Marshals, and other persons who may be employed by said Board. 2. For the erection, alteration, repairs, rent and furnishing of school houses. 3. For the purchase money or rent of any real or personal prop¬ erty purchased by or leased to said Board. 4. For the discharge of all legal incumbrances on any school property. 5. For lighting and heating the schoolrooms and the offices and rooms of the Superintendent and Board of Education. 6. For supplying the schools with fuel, water, apparatus, blanks, blanks books and necessary school appliance, together with books for indigent children. 56 CHARTER OF THE \ 7. For supplying - books, printing and stationery for the use of the Superintendent, Board of Education and Board of Examination and for the incidental expenses of the department. 8. For grading and improving school lots, and for grading, sewer¬ ing, planking or paving and repairing streets, and constructing and repairing sidewalks in front thereof. Sec. 130. All claims payable out of the School Fund shall be filed with the Secretary of the Board, and after they shall have been ap¬ proved by a majority of all the members elected to said Board, upon a call of the ayes and noes, which shall be recorded, they shall be signed by the President of the Board and by the City School Superintendent. Every demand shall have indorsed upon it a certificate of its approval. All demands for salaries shall be paid monthly, and all claims payable out of the School Fund shall be by warrant, signed by the President and Secretary of the Board. Sec. 131. All demands authorized by this article shall be paid by the Treasurer from the School Fund, when, the same shall be pre¬ sented to him, approved by the Board and duly audited by the Auditor; provided that no demand shall be pal 4 except upon such a warrant as aforesaid, duly indorsed by the payee named therein; and provided, further, that the said Board shall not have power to contract any debts or liabilities, in any form whatsoever, against the city in contraven¬ tion of this article or exceeding in any year the income and revenue provided for the School Fund for such year. [Note—See note to Section 128 ante; Scetion 131 construed in re Wetmore, 93 Cal. 148.] Sec. 132. In case of disaster from fire, riot, earthquake or public enemy, the Board of Education may, with the approval of the Mayor and Council, incur extraordinary expenditures in excess of the annual limit provided by law and in this Charter for the repair, construction and furnishing of school houses; and the Council may by ordinance cause to be transefrred to the School Fund from moneys in any other fund not otherwise appropriated sufficient moneys to liquidate such extraordinary expenditure. [Public Libraries.] Sec. 133. There shall be maintained in the City of Oakland free public libraries and reading rooms, as provided for by the Act of the Legislature of this State entitled “An Act to Establish Free Public Libraries and Reading Rooms,” approved April 26, 1880, and such other Acts of the Legislature as may be hereafter enacted, amendatory thereof and supplemental thereto. [Note 1—The adoption of this Act by reference, has the same effect as if the provisions of the Act were incorporated into Charter sections; and a repeal of this Act by the Legislature would not subvert its effect¬ ive operation as a Charter provision. See Ramish vs. Hartwell 126 Cal 443.] CITY OF OAKLAND, CAL. 57 [Note 2—The Act of the Legislature referred to in the foregoing section of the Charter (Stats. 1880, State Ed. p. 231, Banc. Ed. p 524.) is as follows: An Act to establish free public libraries and reading rooms. The People of the State of California, represented in Senate and Assembly, do enact as follows: Section 1. For the purposes of this Act, cities of this State are classified as follows: 1. Cities of less than one hundred thousand population. 2. Cities of more than one hundred thousand population. Sec. 2. The municipal authorities of any incorporated city of this State are authorized and empowered by resolution duly passed for that purpose to levy and collect, as in other cases, annually a tax not to exceed one mill on the dollar for the purpose of establishing and maintaining in such city free public libraries and reading rooms, and purchasing such books, journals and other publications, purchasing and leasing such real and personal property and erecting such buildings as may be necessary therefor. Sec. 3. All money and revenue paid, collected or received bs> authority of anything herein contained, whether by taxation, gift, devise, bequest or otherwise, shall belong to and be known and designated as the “Library Fund,” and shall be paid into the proper city treasury and there kept separate and apart from other funds, and be drawn therefrom as hereinafter provided, but only to be used and applied to the purposes herein authorized. Sec. 4. All property, real and personal, acquired by purchase, gift, devise, bequest or otherwise, under the provisions of, or for any pur¬ pose authorized by, this Act, shall vest, be and remain in the proper city, and may be protected, defended and sued for by action at law or otherwise in the name of the city, as in other cases. Sec. 5. In a city of less than one hundred thousand population, five Trustees shall be elected at the same time and in the same man¬ ner as the other town officers are elected. They shall hold office the same length of time to carry into effect the provisions of this Act. Sec. 6. In a city of more than one hundred thousand population, the Mayor or other chief executive officer, during his continuance in office, and eleven citizens thereof, to be appointed by the Governor of this State, shall constitute the first Board of Trustees of any library or reading room established or acquired in such city under this Act. Sec. 7. The office of the Trustee shall be honorary, without salary or other compensation, and shall continue during good behavior; but for good cause a Trustee may be removed from office by proceedings in the Superior Court in behalf of the proper city in manner provided for the removal from office of other city officers. Sec. 8. The Trustees of any library or reading room established 53 CHARTER OF THE or acquired by authority of this Act shall take charge of the same and of all real and personal property thereunto belonging, or that may be acquired by loan, purchase, gift, devise or otherwise. They shall meet for business purposes on the first Tuesday of each month, and at all such other times as they may appoint, at a place to be provided for the purpose, and a majority of all their number may constitute a quorum for business. They may appoint one of their number to act as Presi¬ dent of their Board, and may elect a Librarian. They shall also elect a Secretary, who shall keep a full statement and account of all the property, money, receipts and expenditures, and a record and full minutes in writing’ of all their proceedings. The Secretary may certify to such proceedings, or any part or portion thereof under his hand, verified by an official seal adopted and provided by the Trustees for that purpose. Sec. 9. Such Trustees, by a majority vote of all their members, to be recorded in the minutes with the ayes and noes at length, shall have power: First—To make and enforce all rules, regulations and by-laws necessary for the administration, government and protection of such library and reading room, and all property belonging thereto, or that may be loaned, devised, bequeathed, or donated to the same. Second.—To exercise and administer any trust declared or created for such library or reading room, and to provide memorial tablets and niches to perpetuate the memories of those persons who may make valuable donations thereto. Third—To remove any Trustee who may neglect to attend the meetings of the Board of Trustees, or who may absent himself from such meetings, or without the consent of the Board from the State for three consecutive months; and to fill vacancies that may from any cause occur in the Board. Fourth—To define the powers and describe the duties of any and all officers, determine the number, and elect all necessary subordinate officers and assistants, and at their pleasure remove any officer and assistant. ♦ Fifth—To purchase any necessary books, journals, publications, and other personal property. Sixth—To order the drawing and payment, upon properly authen¬ ticated vouchers, duly certified by the President and Secretary, of money from out the Library Fund for and liability or expenditure herein authorized; and generally to do all that may be necessary to fully carry into effect the provisions of this Act. Seventh To fix the salary of the Librarian, Secretary and other subordinate officers and assistants, and by and with the consent and ap¬ proval of the legislative or other proper authority of the proper city, expressed by resolution duly passed, to purchase said real estate, erect CITY OF OAKLAND, CAL. 59 and equip such buildings as may be necessary for such library and reading room. [Note—Every person who wilfully detains a book, etc., from the library after receiving written notice to return the same, is guilty of a misdemeanor. Sec. 623%, Penal Code.] Sec. 10. The orders and demands of the Trustees of any such library or reading room of any city, then duly made and authenticated as above provided, shall be verified and audited by the auditing officer and paid by the Treasurer of said city out of the Library Fund prop¬ erly belonging thereto, of which full entry and record shall be kept as in other cases. Sec. 11. The Trustees of such library or reading room, on or before the first Monday of July of each year, shall make an annual report to the municipal authorities of their city, giving the condition of their trust, with full statements of all property and money received, whence derived, how used and expended; the number of books, journals and other publications on hand, the number added by purchase, gift or otherwise during each year, the number lost or missing, the number and character of those loaned, and such other statistics, information and suggestions as may be of general interest. A financial report showing all receipts and disbursements of money shall be made by the Secretary of the Board of Trustees, duly verified by his oath. Sec. 12. The proper municipal authorities of any city wherein a public library or reading room may be established shall have power to pass ordinances for the protection of the same and all property thereto belonging, and for imposing penalties for the punishment of persons committing injury to such library or reading room, or the property or books thereof, or for failure to return any book or other property be¬ longing thereto. They shall also have power, by a resolution duly passed for such purpose; to grant, donate, authorize the use of either, in whole or in part, any land, square or real estate belonging to such city or town, or dedicated to public use therein, for the purpose of erecting and maintaining a building to be used only for a public library and reading room as herein authorized. [Note—See ordinance No. 2028 at page-hereof, granting certain lands for library purposes.] Sec. 13. The words “city” or “cities,” wherever used in this Act, are intended to and shall include all incorporated cities and towns, and cities and counties with consolidated government, and shall be construed accordingly. Sec. 14. An Act entitled “An Act to Establish and Maintain Free Public Libraries and Reading Rooms,” approved March the eighteenth, eighteen hundred and seventy-eight, is hereby repealed. All libraries and reading rooms heretofore established by authority of the last men¬ tioned Act in any city or town, or city and county, and all property, real or personal, thereto belonging, shall be turned over to the charge, 6o CHARTER OF THE custody and administration of such Trustees as may be continued or appointed therein respectively under the provisions of this Act, with like powers and liabilities, as if such library had been established under this Act. Sec. 15. This Act shall take effect on the first day' of May, A. D. eighteen hundred and eighty.] ARTICLE VIII. Revenue and Taxation. Sec. 134. On or before the last Monday of August in each year the Auditor shall prepare and transmit to the Council, accompanied with the estimates and reports of each department, which he shall require to be delivered to him, an estimate of the probable necessities of the city for the current fiscal year, giving the amount required to meet the interest and sinking funds for any and all outstanding funded debts, together with the amount needed for salaries and probable wants of all the departments of the municipal government in detail, and show¬ ing the necessities of each of the several funds to be provided for in the Treasury. The estimate shall also show, as nearly as may be, what amount of income and revenue is likely to accrue to the Treasury, and be collected from fines, licenses and all other sources of revenue, exclusive of tax upon property; and shall give an estimate of what amount will be required to be levied and raised by tax upon all property in the city, in order to meet the necessities of such fiscal year. [Note-—As to extension of time, see Sec. 140 of this Charter, post.] Sec. 135. The Council shall, before fixing the rate of the annual city tax, establish, by ordinance, separate funds, representing the sev¬ eral funded obligations of the city, if any, and the several departments requiring municipal expenditures, including a General Fund; and the percentage of said levy shall be named for each fund, and the whole amount of taxes and revenue of the city apportioned accordingly; and no transfer shall be made except of balances in excess, or from the General Fund to meet deficiencies, or to provide for the redemption of city bonds. [Note—Excess of money, raised by bonds, go into the General Fund. Stat. 1899, p. 105.] Sec. 136. The Council shall, on or before the first Monday of October in each year, by ordinance, fix the rate of taxes to be lexied. CITY OF OAKLAND, CAL 6 i and levy the taxes upon all property, both real and personal, in the city, necessary to raise sufficient revenue to carry on the various de¬ partments of the municipal government for the current fiscal year; provided, that the rate of taxes so levied shall not exceed, in any year, one dollar for each one hundred dollars upon the assessment roll, except for the payment of the principal and interest of the bonded debt of the city. • \ . [Note—Compare with Sec. 3714, Political Code as to County levy.] Sec. 137. Except as in this article otherwise provided, the assess¬ ment of property taxable in the city for municipal purposes, the equal¬ ization of assessements and collection of taxes, and the sale of property for unpaid taxes and the redemption of property sold for taxes, shall be made and had at the same time and manner, and with like effect, as now or .may be hereafter provided by law for the assessment of property, equalization of assessments, levy and collection of taxes and sale of property for unpaid taxes for State and county purposes, and redemption thereof; and all provisions of law applicable to such assess¬ ment, equalization, levy, collection and sale for State and county pur¬ poses, are hereby applied to and shall be the law governing such assessment, equalization, levy, collection and sale for municipal pur¬ poses; and the respective officers of the city shall have, possess and perform the same powers and duties in all matters concerning revenue and taxation for municipal purposes as are by law conferred or im¬ posed up county officers in matters concerning revenue and taxation for Sate and county purposes; and to that end: 1st—All powers and duties so by law conferred or imposed upon the County Assessor are hereby conferred and imposed upon the City Assessor. 2d—All powers and duties so by law conferred or imposed upon the Board of Supervisors are hereby conferred and imposed upon the Council. 3d—All powers and duties so by law conferred or imposed upon the District Attorney are hereby conferred and imposed upon the City Attorney. m 4th—All powers and duties so by law conferred or imposed upon the County Tax Collector are hereby conferred and imposed upon the City Tax Collector. 5th—All powers and duties so by law conferred or imposed upon the County Treasurer are hereby conferred and imposed upon the City Treasurer. 6th—All powers and duties so by law conferred or imposed upon the County Clerk or County Auditor are hereby conferred and im¬ posed upon the City Clerk and City Auditor. The Assessor need not require from any person any statemnt as to any property not taxable in the city, nor transmit or send to any officer other than the officers of the city any statement or report 62 CHARTER OF THE whatsoever, nor make any record or entry as to equalization by the State Board of Equalization, or as to school, road or other districts. [Note—It has several times been decided by the Superior Court of Alameda County, that Section 3819 of the Political Code does not apply to taxes levied by the City of Oakland.] Sec. 138. On or before the last Monday in July in each year the Assessor shall complete his list, or assessment roll, and shall atttach his certificate thereto, and deliver it, and the books, and any maps he may have accompanying the same, and all the original lists of prop¬ erty given to him, to the City Clerk, and the Clerk shall .thereupon notify the Board of Equalization and the taxpayers of the fact by post¬ ing three notices specifying the time of the meeting of said Board for the purpose of equalizing the taxes. Said roll shall be kept open in his office for public inspection. [Note 1—In the engrossed copy of the joint resolution approving the Charter, the word “last” at the beginning of this section was re¬ placed by the word “first” (Stats. 1889, p. 559), although the resolu¬ tion was correct as introduced, the chdnge first appearing by erasure in Senate Journal No. 1, p. 22.] [Note 2—As to extension of time, see Sec. 140, post.] [Note 3.—In Buswell vs. Board of Supervisors, 110 Cal. 351, the Supreme Court in construing Sec. 3672 of the Political Code, held the provisions of said section, as to time, directory only.] Sec. 139. The Assessor must make the abstract provided for in Section three thousand six hundred and seventy-eight of the Political Code. Should any such abstract or list be found to contain any instru¬ ment relating to lands situated partly within and partly without the city, it shall be the duty of the Assessor to determine the proportion of valuation of such instrument to be assesed in the city and assess the same accordingly. Sec. 140. The Council may, by an order entered upon its journal extend for not exceeding thirty days the time fixed in this article for the performance of any act. Sec. 141. The Tax Collector must, at least once in each month, and oftener, if required by the Council, settle with the Auditor and pay into the Treasury the full amount of money received by him for the city. Sec. 142. All fines and forfeitures arising under the revenue and taxation laws, as applied to the city, may, in civil cases, be recovered in the name of the city, and, together with all other moneys collected or received by any officer of the city under said laws, shall be for the use of the city. When real estate is offered for sale for city taxes due thereon, the same shall be struck off and sold to the city in like case and in like manner and with like effect as it may be struck off or sold to the State when offered for sale for State or county taxes, and the Council shall have the same powers and duties in relation to such CITY OF OAKLAND, CAL. 63 property as is by law given to the State Board of Equalization in case of a sale to the State; and no certificate or receipt need be delivered to the State Controller. Sec. 143. The Council shall have and exercise the powers and duties conferred and imposed upon the State Board of Equalization by Section three thousand eight hundred and twelve, and three thousand eight hundred and fourteen of the Political Code, or by any Acts -amendatory thereof or supplemental thereto. Sec. 144. No city officer shall be required to send or transmit any statement or report to any State officer or Board. Sec. 145. All papers and instruments required to be filed or re¬ corded with or by the County Recorder by the revenue and taxation laws shall, under said laws as applied to the city, be in like manner and with like effect filed with and recorded by the County Recorder of Alameda County. Sec. 146. The Assessor shall be governed, as to the amount of taxes to be by him collected on personal property, by the city tax rate of the previous year. Sec.147. The assessment of property within the city, made by the County Assessor of Alameda county and the State Board of Equaliza¬ tion, shall be the basis of taxation for the city, as provided for by Section 3671 of the Political Code; provided, that if any property in the city shall not be assessed by the County Assessor, the City Assessor shall assess and enter the same in the “Subsequent Assessments,” pro¬ vided for in the next section. [Note—The Superior Court of Alameda County, in an oral opinion, has construed this section to mean, that the City Assessor must take the valuation as made by the County Assessor, except as to railroads oper¬ ated in more than one county, in which case the valuation is fixed by the State Board of Equalization; and that the tax rate fixed by the Council must be applied to the valuations thus obtained and without any changes in the valuation by the City Assessor.] Sec. 148. It shall be the duty of the Assesor, at any time subse¬ quent to the first Monday in July and prior to the fourth Monday in August of each year, to assess any property which shall not be on the regular list, and he shall enter such assessment in a separate portion of the tax list or assessment roll, under the head of “Subsequent Assess¬ ments,” and shall deliver the same, certified by him, or a true copy thereof, to the City Clerk, to be by him compared with the entries on the assessment roll. Sec. 149. Whenever the Council shall determine that the public interest requires the construction or acquisition or completion of any permanent municipal building work, sewer, property, water rights, bridges or improvements, the cost of which, in addition to the other •expenditures of the city, will exceed the income and revenue provided 6 4 CHARTER OF THE for in any one year; they may by ordinance submit a proposition to incur a debt for such purpose and proceed therein as provided in Sec¬ tion 18 of Article XI. of the Constitution of this State and general law; .provided, that such indebtedness shall not bear more than 5 per¬ cent. interest per annum, and that no bond issued therefor shall be sold for less than par value and to the highest bidder, after advertising for sealed proposals therefor. Nor shall any such bonds be issued or sold during any one year in excess of the actual expenditure incurred in that year. [Note—For the general law as to issuance of bonds for parks and boulevards, see Stats. 1889, p. 361; for other municipal improvements, see Stats. 1889, p. 299, as amended; see also Sub. 40, of Sec. 31 of this Charter, ante.] ARTICLE IX. Police and Fire Department. Sec. 150. The Police and Fire Departments shall be under the- management of a Board of three Commissioners. The members of the Board of Public Works shall be ex-officio the Board of Commissioners of the Police and Fire Departments. ' Sec. 151. Immediately after their appointment and qualification as Commissioners of the Board of Public Works, they shall organize as a Board of Commissioners of the Police and Fire Departments, and elect one of their number President, who shall hold his office for the term of one year. The Secretary of the Board of Public Works shall act as the Secretary of the Board of Police and Fire Commissioners. The Board shall establish rules and regulations governing its proceedings, and for the regulation and conduct of its officers, clerks and employes, and may require bonds from any of its subordinates for the faithful per¬ formance of their duties. Sec. 152. The Board shall hold a regular meeting at least once a week, and special meetings at such other times as it may appoint, or of which the President may give notice. The regular meetings shall be held on the day and at the hour fixed by resolution, entered upon its rec¬ ords, and which shall not be changed except by similar resolution, of which notice shall be posted for two weeks. The meetings of the Board shall be public; two members shall constitute a quorum, and the votes of two members shall be sufficient to pass any order or resolution; pro¬ vided, however, that executive sessions may be held in special cases by . » I CITY OF OAKLAND, CAL. 65 unanimous vote. No business shall be transacted at a special or ad¬ journed meeting - of the Board, except such as may have been made the special order of business for such meeting, or such as may have been under consideration at the meeting from which the adjournment was had, or such as may have been specified in the notice of the meeting. The Board shall cause to be kept a record of its proceedings. It may when it shall deem it expedient, and shall, when required by the Coun¬ cil or the Mayor, furnish such data or information as may be required.. Sec. 153. The Secretary of the Board shall keep a record of its transactions, specifying therein the names of the Commissioners pres¬ ent at the meetings, and giving the ayes and noes upon all the votes. Every order or resolution shall be recorded at length, and the record shall be approved by the Board. The Secretary shall perform such other duties as the Board shall prescribe or direct. Sec. 154. The officers, members and employes of said Police and Fire Department shall be appointed by said Board, but no appoint¬ ments or removals shall be made for political reason, nor shall any re¬ movals be made except for cause established to the satisfaction of the Board. Sec. 155. Said Board shall have the power: 1. To prescribe the qualifications, duties, badges of office and uni¬ forms of the officers, members and employes of said departments. 2. To prescribe rules and regulations for the government and disci¬ pline of the same, and prescribe and enforce penalties for their viola¬ tion. 3. To hear and summarily determine all complaints of misconduct, inefficiency or violation of the rules, or other charge against any officer, member or employe of said departments, and to take such action thereon as shall be most conducive to the maintenance, discipline and efficiency of such departments. To appoint, in their discretion, special policemen, who shall be under the supervision and control of the Chief of Police, and to re¬ move the same at pleasure; provided, however, that the compensation of said special policemen shall in no event be chargeable to the city, unless appointed by authority of the Council. 5. To make all necessary rules and regulations to carry into exe¬ cution the foregoing powers and all other powers vested in said Board by this Charter, or by any ordinance of the Council passed pursuant thereto, or by the Constitution and laws of this State; and, in general, to manage and control said departments. Sec. 156. The Board shall have the custody and control of the houses, engines, hose carts, trucks, ladders, horses, telegraph lines, stables, and all other property and equipments now or hereafter used or belonging to the Police or Fire Departments. Sec. 157. The Board shall annually, on or before the last Monday 66 CHARTER OF THE of July, report to the Auditor an estimate of the amount of money that will be required to pay salaries and expenses of the Police Depart¬ ment and the Fire Department and of the Fire Alarm and Police Tele¬ graph for the ensuing year, specifying in detail Jhe proper items for which the same will be required. Sec. 158. Each claim against the Police Department or Fire De¬ partment shall be approved by the Board in open session, which ap¬ proval shall be entered in the minutes of the Board. No such claim shall be allowed or ordered paid by the Council until the same has been so approved hy said Board, and has indorsed thereon such approval, authenticated by the signatures of the President and Secretary of the Board. Sec. 159. The Board shall determine and report to the Council as to the necessity of constructing cisterns and erecting hydrants in par¬ ticular localities, the necessity for additional apparatus, materials, sup¬ plies, engines, horses, hooks and ladders; and also as to alterations and repairs required, and as to materials and supplies required for the efficient working of the Fire Alarm and Police Telegraph hereinafter provided for; but the action of the Board with respect to the necessity of these matters shall be only advisory to the Council, and none of the matters and things in this section enumerated shall be done or pro¬ vided until the same shall have been authorized by the Council. All contracts let and work ordered for said Police and Fire Departments, and said Fire Alarm and Police Telegraph, shall be let and ordered by the Board of Public Works; and the Board of Public Works shall see that the same are faithfully carried out and performed; provided, how¬ ever, that the Board of Police and Fire Commissioners shall have power to make repairs upon engines and other property in their cus¬ tody and under their control, when the necessity for such repairs is urgent, and the cost thereof does not exceed the sum of fifty dollars. Sec. 160. The Council shall maintain a Fire Alarm and Police Telegraph, which shall be in charge of the Board of Police and Fire Commissioners, who shall manage and control the same and appoint the Superintendent thereof in like manner with other employes of the Police and Fire Departments. Sec. 161. The police Department shall consist of a Chief of Police and such Captains, detectives and other policemen, not exceeding in the aggregate forty, as the Board may determine to be necessary. The Fire Department shall consist of a Chief Engineer and as many drivers, hosemen and other employes, not exceeding in the aggregate seventy, as the Board may determine to be necessary. The Board may, with the consent of the Council, evidenced by ordinance, add to the above numbers from time to time, should the increase of population and public interest so require. Sec. 162. Any officer or member of the Police or Fire Depart¬ ments or of the Fire Alarm and Police Telegraph, other than the 67 CITY OP OAKLAND, CAL Police and Fire Commissioners, guilty of any legal offense or neglect of duty, violation of rules, or neglect or disobedience of orders, or absence without leave, or conduct injurious to the public peace and wel¬ fare, or detrimental to the efficiency of the department of which he may be an officer or member, or breach of discipline or efficiency, or (in case of a police officer) of conduct unbecoming an officer, shall be liable to be punished by reprimand, forfeit of pay for a specified time, suspension or dismissal from the department of which he may be an officer or member; but not more than thirty days’ pay shall be for¬ feited for any one offense. All moneys so forfeited shall be paid into a fund, to be established and maintained, under such regulations as the Board may adopt, for the benefit of the sick and disabled members and the families of deceased members of the department of which the accused may be an officer or member. The Board shall annually render to the Council a verified, itemized account in writing of all moneys so received and disbursed during the preceding years. Sec. 163. In all investigations or trials conducted by said Board, the President thereof shall have the power to issue subpoenas for the attendance of witnesses and production of papers before it. Such subpoenas shall be served by any policeman. Any member of the Board may administer oaths and affirmations in the conduct of said in¬ vestigations. ARTICLE X. Health Department. Sec. 164. There shall be a Health Department under the manage¬ ment of the Board of Health, to consist of five members, who shall be appointed by the Mayor, and whose terms of office shall be two years. The members of said Board must be residents of the City of Oakland, physicians in good standing and graduates of some medical college. Sec. 165. The members first appointed shall, immediately after their appointment and qualification, so classify themselves by lot, that two of them shall go out of office at the end of one year, and three of them at the end of two years, after their appointment. They shall elect one of their members as President of the Board, who shall hold office for one year. Any member failing to qualify within ten days after his appointment shall be deemed to have declined the office, and a new appointment shall be made. Three members shall constitute a quorum for the transaction of business. No measure shall be passed 68 CHARTER OF THE without the concurrence of a majority of the whole Board. The mem¬ bers of said Board shall receive no compensation. Sec. 166. The Board of Health shall be provided by the Council with a suitable office, which shall be known as the Health Office, in which they shall hold their official meetings at least once a month, and also whenever requested in writing by three members of the Board, or by the President thereof. [Note—See Sec. 196, post.] Sec. 167. The Board of Health, subject to the ordinances of the Council, shall have general supervision of all matters appertaining to the sanitary condition of the city, including the sewers, jails, hos- . > i i pitals and all public city institutions. Sec. 168. The Board shall, on or before the first Monday of July, make an annual report of the affairs of the Health Department to the Council and shall include therein the annual report of the Health Officer; and shall at the same time furnish the Auditor a detailed statement of the amount of money that will be required for the Health Department during the ensuing fiscal year; and the Council may pro¬ vide for the raising of such amount, or so much thereof as in their judg¬ ment may be necessary. All expenditures of the Board shall be subject to allowance by the Council in the same manner as the expenditures of other branches of the municipal government. Sec. 169. The Board shall appoint and may remove at pleasure a Health Officer, who shall also act as a City Physician, and whose com¬ pensation shall be fixed by the Council. He must be at least thirty years of age, a graduate of a regular medical college and a resident for three years in the city. He must reside within the city limits, and must execute an official bond in such sum as the Council may direct. The Board may appoint and remove at pleasure a Secretary, who shall keep a record of the proceedings of the Board, and perform such other duties as may be prescribed by the Board, and whose compen¬ sation shall be fixed by the Council. Sec. 170. The Health Officer shall be the executive officer of the Board, and shall see that all laws and ordinances relating to the public health, and the rules and regulations of the Board of Health are en¬ forced. He must make the Board an annual report of the affairs of his office, including mortuary and other statistics, with such general observations as in his judgment might benefit the sanitary condition of the city. He shall in person visit once in each quarter all the public schools and other public institutions in the city. During such visits he shall examine the buildings in regard to the manner in which they are lighted, ventilated, heated, and particularly in regard to their sani¬ tary condition. In the months of January, April, July and October, he shall report to the Board the result of his examinations. Sec. 171. Whenever it shall be certified to the Board of Health by the Health Offiicer that any building or part thereof is unfit for CITY OF OAKLAND, CAL. 69 -human habitation by reason of its being- so infected with disease, or from other causes, as to be likely to cause sickness amongst its occu¬ pants, said Board may issue an orded, and cause the same to be affixed conspicuously on the building, or front thereof, and to be personally served upon the owner, agent or lessee, if the same can be found, re¬ quiring all persons therein to vacate such building for the reasons to be stated therein as aforesaid. Such building or part thereof, shall within ten days thereafter, be vacated, or within such shorter time, not less than twenty-four hours, as in said notice may be specified; but said Board, if it should become satisfied that the danger from the building or part thereof has ceased to exist, may revoke said order. [Note—See Ordinance No. 1532.] Sec. 172. Every physician in the city shall immediately report to the Health Office, in writing, every patient he shall have sick of typhus, ship or yellow fever, Asiatic cholera or smallpox, and shall report to the Health Office every death from such disease, immed¬ iately after it shall have occurred. Also, every householder in said city shall forthwith report in Writing to the Health Office the name of every inmate of his or her house, whom he or she shall have reason to believe sick of typhus, ship or yellow fever, cholera or smallpox, and any deaths occurring at his or her house from such diseases. [Note-—See ordinance No. 1293.] Sec. 173. The Health Officer shall immediately report to the City School Superintendent the names and residences of every person sick of typhus, ship or yellow fever, Asiatic cholera or smallpox, or any other contagious disease he may deem dangerous to public health; and it shall be the duty of the City School Superintendent, when so notified of the residence of any person, sick of any of the diseases enumerated, to refuse admittance to the public schools to any member of a household, one or more of whose inmates are sick of any of the aforesaid diseases; provided, that the parties excluded shall be read¬ mitted upon presenting a certificate from the Health Officer that there is no longer any danger from contagion. Sec. 174. Whenever a case of smallpox or Asiatic cholera, or yellow fever is reported to the Health Officer, he shall immediately visit the premises where the person is; and the said Health Officer, upon personal inspection, shall, in case of smallpox, Asiatic cholera or yellow fever, immediately cause to be displayed a quarantine flag in a conspicuous place on said premises, and put upon the doorway of houses infected with such diseases, a placard setting forth the fact, the same to remain during the continuance of the disease on said premises. r Sec. 175. The Board may locate, establish and maintain Pest- houses, and discontinue and remove the same when and where such location, establishment and maintenance or discontinuance and re¬ moval may be necessary to the preservation of public health. They may appoint and remove at pleasure such physicians and nurses (whose 70 CHARTER OF THE compensation shall be fixed by the Council) for said Pesthouses as- may be necessary to maintain the efficiency of the same and comfort of the inmates; and may cause to be removed thereto and kept, any person affected within the limits of the city, with smallpox, Asiatic cholera or yellow fever; provided, that no person, unjess he is unable or refuses to maintain such quarantine as may be prescribed by reso¬ lution of the Board, shall be so removed to any Pesthouse. The Board may make all rules and regulations regarding the conduct of said Pesthouses as may be needful. No person shall remove a patient affected with such disease from any house or place within the limits of the city to any other house or place, without the permission of the Health Officer. Sec. 176. The Board may proclaim such quarantines and establish and declare such quarantine districts and grounds and the boundaries thereof as may, in their judgment, be necessary for the preservation of public health; and may, when deemed necessary, require all vessels, railroad cars or other public conveyances, before the same shall land or stop at any landing, depot or stopping place in the city, to stop or touch at any or either of the districts, grounds or boundaries so se¬ lected and established for quarantaine purposes, and leave all such per¬ sons with their stores and baggage, as in the opinion of the Health Offiicer or physician stationed at such quarantine sites, places or bound¬ aries, shall be deemed proper on account of the existence or general report of Asiatic cholera, smallpox or yellow fever. [Note—See Ordinance No. 1456.] Sec. 177. The said Board shall make such rules and regulations for the government of the quarantine or the health of the city, as from time to time they shall deem necessary, and the physicians or Health Officers in charge of any quarantine station or place, shall have power to make and enforce such regulations as may be necessary for the proper management thereof; and it shall be the duty of all persons in quarantine, and all agents, officers, policemen or others employed by the- city in and about said quarantine stations or places, to carry out and obey the same. Sec. 178. The Board of Health shall cause to be kept a record of all births and deaths occurring in said city: such records must be kept in the Health Office, and shall be open for inspection of any per¬ son during office hours. All physicians and midwives in the city shall report to the Health Office, on or before the fifth of each month, all births occurring in his or her practice during the previous month. [Note—See Ordinance No. 1348. As to death certificates, see Or¬ dinance No. 1331.] Sec. 179. No person shall deposit in any cemetery the body of any human being who has died in the city, or remove the same from within the limits of the city, without having first obtained and filed at the Health Office a certificate, signed by a physician or Coroner, setting: CITY OF OAKLAND, CAL. 71 forth as nearly as possible the name, age, sex, color, place of birth, occupation, date, locality and cause of death of deceased, and obtained from the Health Officer a permit in writing therefor, for burial or other purposes. Physicians, when deaths occur in their practice, must give the certificate herein mentioned, unless the physician believes the death to be a proper case for investigation by the Coroner. [Note—See Ordinance No. 1331 .] 1 No body of a human being who has died without the limits of the city, and no body or remains of a deceased person exhumed or taken from any grave, vault or other place of burial or deposit, within or without the city, shall be transported in or through the streets or highways of the city, unless the person or persons transporting such body or remains shall first obtain from the Health Officer a permit in writing therefor, which shall accompany the body or remains. [Note—See Ordinance No .1331; also Ordinance No. 1360.] Sec. 180. The permits in the last section may be granted, in the discretion of the Board of Health, under such general restrictions and conditions as the Board may prescribe. The Health Officer shall prepare a book of blank permits, in proper form and consecutively numbered, containing stubs on which, as well is in the permit, shall be entered a record, giving the name, age, sex, nativity, place of burial, and destination of remains to be transported or removed. Sec. 181. The Board of Health must exercise a general supervision over the death records of the city, and may adopt such forms and regu¬ lations, not inconsistent with the law and the ordinances of the Council, for the use and government of physicians, undertakers and superintend¬ ents of cemeteries^, as in their judgment may be best calculated to secure reliable statistics of mortality in the city and prevent the spread of disease. Sec. 182. The Council must, by ordinance or otherwise, provide for the enforcing of such orders and regulations as the Board of Health may adopt and the Council approve. All expenses, which in the opinion of the Council are necessarily incurred in carrying out the provisions of this Article must be provided for by the Council. Sec. 183. In addition to the powers and duties in this Article enumerated, the Board shall have such other powers and perform such other duties as may be prescribed by ordinance of the Council or by gen¬ eral laws. Sec. 184. Any member of the Board of Health or the Health Officer may administer oaths on business connected with the Health Department. 72 CHARTER OF THE ARTICLE XI. Miscellaneous Provisions. Sec. 185. Unless otherwise provided in this Charter, all contracts for work or supplies of any kind for more than one hundred dollars shall be let to the lowest bidder, after notice given by posting the same for ten days and by publishing the same for five days; and all sales or leases of property belonging to the city shall be by public auction to the highest bidder, upon such terms and conditions as the Council may by ordinance direct, and after like notice given. Sec. 186. No grant of any franchise by the Council shall have any validity or effect unless the person of persons to whom the same is made shall, within six months thereafter, actually and in good faith, and not colorg.bly, commence the exercise or enjoyment of the same, there being* no legal impediment thereto; provided, that condemnation proceedings commenced and diligently prosecuted shall be deemed the exercise of a franchise, granted under subdivisions 28, 29, 30 and 31, Section 31, Arti¬ cle III., of this Charter. Whenever any franchise shall have been in disuse, in whole or in part, for the period of one year, there being no legal impediment to the use thereof, it shall be deemed abandoned and forfeited to the extent of such disuse, and the said franchise or that part thereof so in disuse shall no longer be exercised or enjoyed; pro¬ vided, that the disuse of any portion of the franchise, unless permission be before obtained of the Council, shall be deemed a forfeiture of the whole. * [Note—For the general law as to time of commencement and com¬ pletion, see Sec. 502, Civil Code. See also Sec. 20 and Subs. 28 to 33, and Sub. 37 of Sec. 31 of this Charter, ante, and notes to said Sub. 37. As to franchises antedating the Charter, see Sec. 205, post.] Sec. 187. Whenever, within the corporate limits of the city, two or more railroads, operated by steam power, cross each other on the same grade or level, the corporations operating the roads shall, within four months after the adoption of this Charter, or in case of roads now being or hereafter to be constructed, within four months after com¬ pletion of crossings as above described, cause the erection and opera¬ tion of a complete inter-locking safety switch and signal system, which said signal system shall be so constructed as to prevent collisions at such crossings between cars or trains of cars or locomotive engines running on the different roads. Failure, neglect or refusal to conform to the requirements of this section shall subject each corporation to a penalty of fifty dollars for each and every day during which said failure, neglect or refusal shall continue. Sec. 188. Any person holding a salaried office under this city. CITY OP OAKLAND, CAL. 73 whether by election or appointment, who shall, during his term of office, hold or retain any other civil office of profit or emolument under the government of the United States or of this State, or who shall hold any other office connected with the government of the city, or who shall become a member of the Legislature, shall be deemed thereby to have vacated the office held by him under the city government. Sec. 189. No member of the Council and no office of or em¬ ploye of the city shall be or bcome, directly or indirectly interested in or with the performance of any contract, work or business, or in the sale of any article, the expense, price or consideration of which is payable from the City Treasury, or in the purchase or lease of any real estate or property belonging to or taken by the city, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of the city. Any member of the Council, officer or employe of this city, violating the provisions of this section, or who shall be directly or indirectly interested in any franchise, right or privilege granted by the city, while he is such member, officer or employe, unless the same shall devolve upon him by law, shall forfeit his office and be forever disqualified from holding any position in the service of the city; and all contracts made, or right or franchise granted, in violation of this section shall be absolutely void. Sec. 190. No officer or employe of the city shall give or promise to give to any other person any portion of his compensation, or any money or thing of value, or any position, in consideration of having been or of being nominated, appointed, voted for or elected to any office or employment under the city. Any person violating the provisions of this section shall forfeit his office and employment under the city, and be forever disqualified from holding any position in the service of the city. Sec. 191. Any officer of the city who shall, while in office, accept any donation or gratuity in money, or anything of value, either directly or indirectly, from any subordinate or employe, or from any candidate or applicant for any position under him, shall forfeit his office and be forever disqualified from holding any position in the service of the city. Sec. 192. All books and records of every office and department shall be open to the inspection of any citizen at any time during business hours. Copies or extracts from such books and records, duly certified, shall be given, by the officer having the same in custody, to any person de¬ manding the same, upon paying or tendering ten cents per folio of one hundred words. Sec. 193. Except as otherwise provided for by law or this Charter all public offices shall be kept open for business every day (except legal holidays) from half past eight o’clock in the forenoon until five o’clock in the afternoon; and in addition thereto, for two weeks before taxes become delinquent in each year, the office of the Tax Collector shall be kept open until nine o’clock in the evening. 74 CHARTER OF THE Sec. 194. Whenever the Council shall adjudge it necessary for the city to take or damage private property for public uses, the Council may direct proceedings to be taken by the City Attorney under Title 7, part 3, of the Code of Civil Procedure, to condemn the same. [Note—For the general law as to condemnation proceedings, see Secs. 1237 to 1263, Code of Civil Proceedure.] Sec. 195. No office shall be created, nor shall any person be em¬ ployed in any capacity, nor shall any officer, clerk or employe receive any salary or compensation for any service of any kind unless the same is specially authorized by law or this Charter; provided, however, that when any officer or Board shall require additional employes, application shall be made to the council to authorize the appointment of such ad¬ ditional employes; and thereupon the Council may, in its discretion, authorize such appointment and provide for the compensation of such appointees. Sec. 196. Whenever power is given in this Charter to call special meetings of the Council, Board of Education, or any Board, the notice thereof shall be in writing, and shall specify the object of the meeting. The notice shall be served on each member personally or by mail, ad¬ dressed to his place of residence; if by mail, the notice shall be de- cleposited in the Postoffice of the city at least twenty-four hours before the time of meeting. At such special meeting no subject shall be con¬ sidered except that specified in the notice. Sec. 197. Whenever this Charter provides for the posting of notices, such notices shall be posted at the front door of the City Hall, the United States Postoffice, and at the office of the body authorizing the notice. Sec. 198. Whenever a provision is made in this Charter wherein publication is required, such publication shall be made in a newspaper of general circulation, printed and published in the City of Oakland, except as otherwise provided. Sec. 199. Every officer shall hold his office until the expiration of the term for which he was elected or appointed, and until his suc¬ cessor is elected or appointed and qualified; and where no other period is prescribed, the term of such officer shall not exceed two years. An officer shall be deemed to have qualified when he has taken the oath of office and filed the same, together with his official bond, if a bond is required, as herein provided. Sec. 200. The Mayor, members of the Council, Auditor, Treasurer, City Attorney, Police Judge, Commissioners of Public Works, School Directors, members of Board of Health and Health Officer must each, at the time of their election or appointment, have been a citizen of the United States and a resident and qualified elector of the city for three years next preceding their election or appointment. [Note—In the case of Selfridge vs. Beckwith, No. 11410, Superior Court, it was held by Ogden, Judge, that a citizen may be a “qualified elector” within the meaning of this section, although his name may not be on the great register.] CITY OF OAKLAND, CAL. 75 Sec. 201. All officers, deputies, clerks, assistants and other em¬ ployes of the city, and of the several departments thereof, must be citizens of the United States and, during their respective terms of office or employment, must, with the exception of teachers in the public schools, reside in the city and have been residents of the city one year next preceding their appointment. They and each of them shall per¬ form such duties as may be required of them respectively by law, ordi¬ nance or this Charter, and shall only receive such compensation as may have been previously provided, and such compensation shall not be in¬ creased during the term of their respective offices or employment. Sec. 202. If any officer of the city shall remove from the fcity or absent himself therefrom for more than thitry days consecutively with¬ out permission of the Council, or shall fail to qualify by taking the oath of office and filing his official bond, whenever such official bond is re¬ quired within ten days from the time his certificate of election or appointment is mailed or delivered to him, or shall resign or be con¬ victed of felony, or adjudged insane, his office shall be vacant and the vacancy filled as herein provided. The Mayor shall have power to appoint suitable persons to fill vacancies in any office, except as in this Charter provided. The appointee shall hold for the unexpired term and until the election and qualification of his successor. Sec. 203. Unless otherwise provided by law or this Charter, any officer, board or department authorized to appoint any deputy, clerk, assistant or employee shall have the right to remove any person so appointed. Sec. 204. All appointments of officers, deputies and clerks, to be made under any provision of this Charter, must be made in writing and in duplicate, authenticated by the person or persons, board or officer making the same. One of said duplicates must be filed with the City Clerk and the other with the Auditor. Sec. 205. All franchises and privileges heretofore granted by the city which are not in actual use or enjoyment, or which the grantees thereof have not in good faith commenced to exercise, are hereby declared forfeited and of no validity, unless said grantees or their assigns shall, within six months after this Charter takes effect, in good faith commence the exercise and enjoyment of such privilege or franchise. Sec. 206. Competent and experienced employes in the several de¬ partments shall not be unnecessarily removed. Sec. 207. All ordinances and resolutions of the city in force at the time this Charter takes effect, and not inconsistent therewith, shall continue in force until amended or repealed; and all officers of the city in office when this Charter takes effect shall continue to hold and exercise their office under and in accordance with the terms and pro¬ visions of this Charter, until the election or appointment and qualifica¬ tion of their successors, provided for herein. Sec. 208. The City Council of the present City of Oakland shall provide for th holding of the first election of officers under this Charter, and shall canvass the votes and declare the result. \ .... * ■ ' -mmm - ■ - > . ■ ■ / • V. . ■ ‘ i’ t ✓ ' . ' : tii \ GENERAL Municipal Ordinances —OF THE— City of Oakland, Cal, IN EFFECT OCTOBER 1st, 1903. COMPILED AND ANNOTATED BY AUTHORITY OF THE CITY COUNCIL UNDER THE SUPERVISION OF A. L. FRICK, ATTORNEY AT LAW. ' "g Mfc . , i! M ■ V ’ V . '' v . I . * ' • • I •» ■ . , \ . . **, • k ■ \ ■ ' • V 4 GENERAL Municipal Ordinances CHAPTER I. ORDINANCES RELATING TO MUNICIPAL OFFICERS. ORDINANCE NO. 1336. AN ORDINANCE DEFINING THE SEAT OF GOVERNMENT OF THE CITY OF OAKLAND, AND LOCATING THE OFFICES OF THE CITY OFFICERS THEREOF. Re it ordained by the Council of the City of Oakland, as follows: Section 1. The seat of government of the City of Oakland is hereby declared to be, and is hereby established, at the City Hall and adjacent buildings located at the junction of San Pablo avenue and Fourteenth street, and being upon a portion of Block 253 in said city. Sestion 2. The offices of all officers of the city, except the City Wharfinger and Poundmaster, are hereby located and established at said City Hall and adjacent buildings; and all books, records, papers and documents belonging and appertaining to the several offices of the city, except as above provided, shall be kept in such offices as above located, and in no other place, except by permission of the Council. Section 3. An ordinance entitled “An Ordinance Defining the Seat of the City Government of the City of Oakland and Locating the Several 82 CHARTER OF THE Offices Constituting 1 the Same,” approved March 23, 1871, is hereby re¬ pealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891, Vol. 3, p. 704.) I ORDINANCE No. 1995. AN ORDINANCE FIXING THE SALARIES OF CERTAIN EMPLOYES OF THE CITY OF OAKLAND AND REPEALING ORDINANCE No. 1982. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The salary of the Deputy Assessor is hereby fixed at $125 per month. Section 2. The salary of the Deputy Auditor is hereby fixed at $125 per month. Section 3. The salary of the Temporary Clerk for the Assessor is hereby fixed at $100 per month. Section 4. The salary of the Secretary of the Board of Public Works is hereby fixed at $125 per month. Section 5. The salary of the Deputy City Clerk is hereby fixed at $125 per month. Section 6. The salary of the Assistant City Clerk is hereby fixed at $50 per month. Section 7. The salary of the Deputy City Engineer is hereby fixed at $125 per month. Section 8. The salary of the Night Watchman of the City Hall is hereby fixed at $85 per month. Section 9. The salary of the Janitor of the City Hall is hereby fixed at $90 per month. Section 10. The salary of the Health Officer is hereby fixed at $150 per month. Section 11. The salary of the Sanitary Inspector is hereby fixed at $125 per month. Section 12. The salaries of the Assistant Sanitary Inspectors are hereby fixed at $100 per month each. CITY OF OAKLAND, CAL. S3 Section 13. The salary of the Secretary of the Board of Health is hereby fixed at $125 per month. Section 14. The salary of the Inspector of Market, Meat and Milk and Veterinary Surgeon is hereby fixed at $100 per month. Section 15. The salary of the Bacteriologist of the Health Depart¬ ment is hereby fixed at $50 per month. Section 16. The salary of the Chemist of the Health Department is hereby fixed at $50 per month. (Amendment approved August 20, 1899. Vol. 5, p. 424.) Section 17. The salary of the Assistant City Attorney is hereby fixed at $125 per month. Section 18. The salary of the First Deputy Treasurer and Ex- Officio Tax Collector is hereby fixed at $125 per month. Section 19. The salary of the Second Deputy Treasurer and Ex- Officio Tax Collector is hereby fixed at $125 per month. Section 20. The salary of the Third Deputy Treasurer and Tax Collector is hereby fixed at $125 per month. (Amendment approved Oc¬ tober 21, 1902. Vol. 5, p. 711.) Section 21. The salary of the License Inspector is hereby fixed at $100 per month. Section 22. The salary of the Chinese Interpreter is hereby fixed at $35 per month. Section 23. The salary of the City Wharfinger is hereby fixed at $100 per month. Section 24. The salary of the Deputy Superintendent of Streets is hereby fixed at $125 per month. Section 25. The salary of the Superintendent of Streets is hereby fixed at $125 per month. Section 26. The salary of the Assistant Clerk of the Superintend¬ ent of Streets is hereby fixed at $75 per month. Section 27. The salary of the Engineer of the Steam Roller is here¬ by fixed at $100 per month. (Amendment approved October 23, 1902. p. 712.) Section 28. The salary of each and every Keeper of a public park or square is hereby fixed at $70 per month. (Amendment approved Au¬ gust 15, 1902. Vol. 5, p. 702.) Section 29. The salary of each and every Patrol Wagon Driver is fiereby fixed at $80 per month. Section 30. The salary of the Superintendent of the Fire and Po¬ lice Alarm Telegraph is hereby fixed at $150 per month. Section 31. The salary of Lineman of the Fire and Police Alarm Telegraph is hereby fixed at $100 per month. Section 32. The salary of Batteryman of the Fire and Police Alarm Telegraph is hereby fixed at $2.25 per day. 8 4 CHARTER OF THE Section 33. The salary of the First Assistant Chief Engineer of the Fire Department is hereby fixed at $150 per month. (Amendment in effect January 8, 1903. Vol. 6, p. 36.) Section 34. The salary of each and every Foreman of the Fire De¬ partment, except the Foreman of a Chemical Engine Company, is hereby fixed at $40 per month. (Amendment in effect January 8, 1903. Vol. 6, p 36.) Section 35. The salary of each and every Engineer of the Fire De¬ partment is hereby fixed at $120 per month. (Amendment in effect January 8, 1903. Vol. 6, p. 36.) Section 36. The salary of each and every stoker of the Fire De¬ partment is hereby fixed at $90 per month. (Amendment in effect January 8, 1903. Vol. 6, p. 36.) Section 37. The salary of each and every Driver of the Fire De¬ partment is hereby fixed at $90 per month. (Amendment in effect January 8, 1903. Vol, 6, p. 36.) Section 38. The salary of each and every Extraman of the Fire De¬ partment is hereby fixed at $30 per month. (Amendment in effect January 8, 1903. Vol. 6, p. 36.) Section 39. The salary of the Foreman of a Chemical Engine Com¬ pany is hereby fixed at $90 per month. (Amendment in effect January 8, 1903. Vol. 6, p. 36.) Section 40. The salary of a Steward of the Fire Department is hereby fixed at $90 per month. (Amendment in effect January 8, 1903- Vol. 6, p. 36.) Section 41. The salary of a Tillerman in the Fire Department is hereby fixed at $90 per month. (Amendment in effect January 8, 1903. Vol. 6, p. 36.) Section 42. Ordinance No. 1982, fixing the salary of certain em¬ ployes of the City of Oakland, approved April 29, 1899, is hereby re¬ pealed. Section 43. This ordinance shall take effect on and after August 1st, 1899. (Approved August 1, 1899, Vol. 5, p. 395.) (Approved April 29, 1899.) ORDINANCE No. 1113. AN ORDINANCE RE-ESTABLISHING THE OFFICE OF LICENSE INSPECTOR, DEFINING HIS DUTIES AND FIXING HIS SAL¬ ARY. CITY OF OAKLAND, CAL. 35 Be it ordained by the Council of the City of Oakland as follows: Section 1. The office of License Inspector of the City of Oakland is hereby re-established with the powers and duties hereinafter pro¬ vided. Section 2. The Mayor of the City of Oakland shall appoint a suit¬ able person to the office of License Inspector. Section 3. The License Inspector shall act under the direction and be subject at all times to the instruction of the Tax Collector. Section 4. The License Inspector shall have, and exercise, the same powers in the performance of his official duties as a police officer has and exercises in making' arrests. He shall enter any place of business for which a license is required and provided free of charge and at his pleasure, and demand the exhibition of any license for the current term from any person, firm or corporation engaged or employed in the trans¬ action of any business for which a license is required; and on failure or refusal of such person, firm or corporation to exhibit such license, such person, firm or corporation shall be liable to arrest and subject to the penalty or penalties which are now provided for conducting business without a license to sell intoxicating liquors. It shall be the duty of the License Inspector to arrest any person, firm or corporation failing or re¬ fusing to exhibit such license when so demanded, and proceed against the same for conducting a business without a license. He shall be clothed with all the powers and duties which are now or which may he hereafter conferred by ordinance or otherwise upon police or license officers. [Note—See Ordinance No. 1995, p. 82 hereof, fixing salary.] Section 6. The License Inspector shall furnish a bond in the penal sum of $5000, with two sureties, that he will faithfully perform the duties of his office. Section 7. All ordinances or parts of ordinances in conflict with this ordinance is hereby repealed. Section 8. This ordinance shall take effect and be in full force from and after its approval. (Approved December 16, 1889. Vol. 3. p. 403.) ORDINANCE No. 1959. AN ORDINANCE CREATING THE OFFICE OF “CHEMIST OF THE CITY OF OAKLAND,” PROVIDING FOR HIS DUTIES AND FIXING HIS COMPENSATION. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The office of “Chemist of the City of Oakland” is hereby ■created, said office to be filled by appointment by the Board of Health 86 C H A R T E R O F T H E of said city on the joint recommendation of the heads of the Depart¬ ments of Chemistry and Agriculture of the State University. The duties of said officer shall be such as said Board of Health may pre¬ scribe. and he shall hold his office during the pleasure of said Board. Section 2. The compensation of such officer shall be Twenty-five ($25.00) dollars per month, payable monthly. [Note—The salary fixed by this section has been raised to $50 per month. See Sec. 16, of Ordinance 1995, as amended.] Section 3. This ordinance shall take effect from its approval. (Approved Jan. 28, 1899. Vol. 5, p. 343.) ORDINANCE No. 1960. AN ORDINANCE CREATING THE OFFICE OF “BACTERIOLOGIST OF THE CITY OF OAKLAND,” PROVIDING FOR HIS DUTIES AND FIXING HIS COMPENSATION. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The office of “Bacteriologist of the City of Oakland,” is hereby created, said office to be filled by appointment by the Board of Health of said City. The duties of said officer shall be such as the Board of Health shall prescribe and he shall hold his office during the pleasure of the Board of Health. Section 2. (Repealed by Ordinance No. 1982, April 29, 1899. The salary is now fixed by Ordinance No. 2182, approved Jan. 1, 1903, at $75.00 per month.) Section 3. This ordinance shall take effect from its approval. (Approved Jan. 28, 1899. Vol. 5, p. 344.) ORDINANCE No. 1259. ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO APPOINT FOUR EXTRA MEN AND ONE FOREMAN FOR TRUCK COMPANY NO. 2, AND ONE DRIVER FOR HOSE COMPANY NO. 2, AND FOUR MEN FOR TWO CHEMICAL ENGINE COMPANIES, AND FIXING THE SAL¬ ARIES OF THE SAME. I CITY OF OAKLAND, CA *7 Be it ordained by the Council of the City of Oakland, as follows: Section 1. The Board of Police and Fire Commissioners is hereby authorized and empowered to appoint four extra men and one fore¬ man for Truck Comptny No 2, and one driver for a Hose Company to be designated and known as Hose Company No. 2, both companies being stationed at Bast Oakland, and two men for each Chemical Engine Company, namely: That Chemical Engine Company to be stationed at North Oakland, and that Chemical Engine Company to be stationed at East Oakland. Section 2. (Salaries fixed by Ordinance No. 1995.) Section 3. This ordinance shall go into full force and effect imme¬ diately after its approval. (Approved March 23, 1891. Vol. 3, p. 592.) ORDINANCE No. 2008. AN ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO INCREASE THE EMPLOYEES OF THE FIRE DEPARTMENT BY THE EMPLOYMENT OF FOUR ADDITIONAL PERMANENT MEN. Be it ordained by the Council of the City of Oakland, as follows: Section 1. Whereas, By that certain Act of the Legislature of the State oi California, which became a law, under constitutional provis¬ ions, March 4, 1899, a monthly and yearly vacation is granted to each permanent man of the Fire Department; and Whereas, It is necessary to increase the said Department by four men in order to meet the requirements of said act, it is therefore here¬ by ordained that the Board of Police and Fire Commissioners be and it is hereby authorized to employ three additional permanent men to act as Drivers, Tillermen or Stokers, and one additional man to act as Engineer. The salary of said additional employes to be such as may be established by ordinance for the positions held by them. Section 2. This ordinance shall take effect immediately. (Approved Aug. 21, 1899. Vol. 5, p. 416.) 88 CHARTER OF THE ORDINANCE No. 1606. AN ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO APPOINT ONE DRIVER, ONE TILLERMAN. ONE FOREMAN AND SEVEN EXTRAMEN FOR TRUCK COMPANY NO. 3, ONE ENGINEER, ONE DRIVER, ONE STOKER. ONE FOREMAN AND FIVE EXTRAMEN FOR EN¬ GINE COMPANY NO. 6 AND ONE DRIVER, ONE FOREMAN AND FOUR EXTRAMEN FOR HOSE COMPANY NO. 3, AND FIXING THE LOCATION THEREOF AND THE SALARIES OF THE SAME. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The Board of Police and Fire Commissioners is hereby authorized and empowered to appoint one driver, one tillerman, one foreman and seven extramen for Truck Company No. 3, to be situated at West Oakland; one engineer, one driver, one stoker, one foreman and five extramen for Engine Company No. 6, to be situated at East Oakland, and one driver, one foreman and four extramen for Hose Company No. 3, to be situated at the Fourth Ward. Section 2. (Salaries fixed by Ordinance 1995, page 82 hereof.) Section 3. This ordinance shall take effect on and after July 1st, 1894. (Approved April 23. 1894. Vol. 4, p. 554.) ORDINANCE No. 1622. AN ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO APPOINT A STEWARD FOR HOSE COMPANY NO. 3. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The Board of Police and Fire Commissioners is hereby authorized and empowered to appoint a Steward for Hose Com¬ pany No. 3. Section 2. (Salaries fixed by Ordinance 1995, page 82 hereof.) Section 3. This ordinance shall take effect and be in full force from and after the 1st day of July, 1894. (Approved August 15, 1894. Vol. 4, p. 589.) CITY OF OAKLAND, CAL. 89 ORDINANCE No. 602. AN ORDINANCE CREATING THE OFFICE OF CITY PHYSICIAN AND PRESCRIBING THE DUTIES AND COMPENSATION THEREOF. The Council of the City of Oakland do ordain: Section 1. The office of City Physican is hereby created and the Health Officer shall be ex-officio City Physician. (Amendment ap¬ proved November 17, 1891. Vol. 3, p. 736.) Section 2. The City Physician shall be the medical attendant of all persons confined in the City Prison, and he shall render to them such medical and surgical attendance as may be necessary, whenever requested by the Chief of Police. He shall inspect said City Prison at least once a week, and oftener if necessary, and shall make such rules for the regime of the prisoners as he may deem necessary. He shall keep a record of the number of sick persons in said prison and shall collect and preserve such other statistics as may be usual in such cases. He shall from time to time examine all supplies furnished for the feeding of the city prisoners, and see that the same is wholesome and sufficient. He shall also perform such other duties in the line of his profession and for the benefit of the city as may be required from time to time, by the Board of Health. (Amendment approved Novem¬ ber 17, 1891. Vol. 3, p. 736.) Section 3. (Repealed by Ordinance No. 1995, fixing salary; page 82 hereof.) Section 4. This ordinance shall take place immediately. (Approved June 30, 1874. Vol. 2, p. 351.) ORDINANCE No. 2049. AN ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO INCREASE THE NUMBER OF EMPLOYES OF THE FIRE DEPARTMENT BY THE APPOINT¬ MENT AND EMPLOYMENT OF ADDITIONAL MEN. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The Board of Police and Fire Commissioners is hereby authorized to employ additional men to serve in the Fire Department as follows: 90 GENERAL MUNICIPAL ORDINANCES Two (2) engineers; three (3) drivers; two (2) stokers; two (2) foremen, and ten (10) extramen. Section 2. This ordinance shall take effect immediately. (Approved July 7, 1900. Vol. 5, p. 478.) ORDINANCE No. 2176. AN ORDINANCE CREATING THE OFFICE OF DEPUTY LICENSE INSPECTOR AND FIXING THE SALARY OF THE DEPUTY LICENSE INSPECTOR AT $100.00 PER MONTH. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The office of Deputy License Inspector is hereby created and the salary of the Deputy License Inspector shall be the sum of $100.00 per month. The Deputy License Inspector to be appointed under the authority of this ordinance snail be so appointed by the Mayor of the City of Oakland, and shall hold his office at the pleasure of said Mayor. Section 2. This ordinance shall take effect and be in full force from ana after the date of its passage and approval. (("Approved December 18, 1902.) ORDINANCE No. 1341. AN ORDINANCE CREATING THE OFFICE OF SANITARY IN¬ SPECTOR AND DEFINING HIS DUTIES. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The office of Sanitary Inspector is hereby created, and the office so created shall be filled by appointment by the Board of Health. Section 2. He shall be prompt and active in enforcing all lawful orders of the Board of Health and Health officer, and shall be active and vigilant in detecting and causing the removal of all causes of disease; and if at any time it shall come to his knowledge that any street, building or place is in a condition offensive to the public health he shall immediately report the same to the Health officer. He shall see that all violations of sanitary ordinances and regulations are vig¬ orously prosecuted, and for this purpose shall be vested with all the OF THE CITY OF OAKLAND, CAL. 91 powers of a police officer. He shall then perform such other duties as may be required of him by the Board of Health. Section 3. Before entering- upon the duties of his office he shall give a bond in the sum of two thousand five hundred dollars. Section 4. The salary of the Sanitary Inspector is hereby fixed at the sum of one hundred and twenty-five dollars per month, the same to cover expense of horse and buggy to be furnished by him for his use. [Note—See Ordinance No. 1995, page 82 hereof.] Section 5: An ordinance entitled “An Ordinance Creating and Establishing the Office of Sanitary Inspector, etc.,” approved Mar. 24, 1884, is hereby repealed. Section 6. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 709.) ORDINANCE No. 1242. AN ORDINANCE CREATING THE OFFICE OF ASSISTANT SANI¬ TARY INSPECTOR OF THE BOARD OF HEALTH AND FIXING THE SALARY THEREOF. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The office of Assistant Sanitary Inspector of the Board of Health of the City of Oakland is hereby established, the same to be filled by appointment by the Board of Health. Section 2. There shall be two (2) such Assistant Sanitary Inspect¬ ors, and the salary of each is hereby fixed at the sum of $100 per month. (As amended August 6, 1898. Vol. 5, p. 292.) Section 3. This ordinance shall take effect immediately upon its approval. (Approved December 8, 1890. Vol. 3, p. 548.) ORDINANCE No. 1901. AN ORDINANCE FIXING THE FEES OF THE CITY ENGINEER OF THE CITY OF OAKLAND. Be it ordained by the Council of the City of Oakland, as follows: 92 GENERAL MUNICIPAL ORDINANCES Section 1. The official fees of the City Engineer of the City of Oakland shall be as follows: (a) . Eor the survey of any lot lying above high water of 25 feet or less frontage, eight (8) dollars, including four stakes, with 50 cents for every additional stake and 5 cents for every additional foot of frontage. For an entire vacant block, four stakes, twenty (20) dollars. The word survey includes diagram thereof. (b) . For giving official line and grade of curb or sidewalk in front of any lot not already surveyed, eight (8) dollars for two stakes, one dollar for each additional stake; for lot already surveyed, five (5) dol¬ lars for two stakes, one dollar for each additional stake. (c) . For grade and line of private sewer authorized by the Coun¬ cil, six (6) dollars for every 100 feet or less, with five cents for every additional foot of sewer. (d) . Upon street work under the general street law of the State of California the following shall be the fees, to-wit: Preliminary engineering work for filing quantities with the City Clerk for the estimating of bids: On grading or re-grading by the cubic yard, 5 cents per lineal foot of street along center line. On grading or re-grading by square foot one cent per lineal foot of street along center line. On macadamizing or re-macadamizing by square foot, iy 2 cents per lineal foot of street along center line. On paving or re-paving by square foot, iy 2 cent per lineal foot of street along center line. On sidewalking or re-sidewalking, 1 cent per lineal foot of side¬ walk, including exceptions. On curbing or re-curbing, y 2 cent per lineal foot of curbing, in¬ cluding exceptions. On crosswalks, y 2 cent per lineal foot of crosswalk. On culverts y 2 cent per lineal foot of culvert. On sewering or re-sewering, 1 cent per lineal foot of sewer. For each plan accompanying above, five (5) dollars. For special specifications, % of 1 per cent of cost of construction, as shown by contractor’s bid. (Engineering work upon construction:) (e). For setting stakes once upon: Sewering or re-sewering, 5 cents per lineal foot of sewer. Catch basins, five (5) dollars each. Grading or re-grading, 5 cents per lineal foot of street, measured along the center line. Grading and curbing or re-grading and re-curbing, 6 cents per lineal foot of street, measured along center line. Curbing or re-curbing with wood, 2 y 2 cents per lineal foot of curbing. Curbing or re-curbing with granite or artificial stone, 5 cents per lineal foot of curbing. OF THE CITY OF OAKLAND, CAL. 93 On sidewalking- or re-sidewalking, 5 cents per lineal foot of side¬ walk. On culverts, 5 cents per lineal foot of culvert. On crosswalks, 5 cents per lineal foot of crosswalks. On grading, curbing with wood and macadamizing (class B and C) 10 cents per lineal foot of street, measured along the center line of the street. On re-grading, re-curbing with wood and re-macadamizing (class B and C) 10 cents per lineal foot of street, measured along the center line of the street. On macadamizing or re-macadamizing only (class B and C), 5 cents per lineal foot of street, measured on the center line of the street. On re-macadamizing by re-dressing the surface of the roadway, no fee shall be charged unless stakes are set, in which case the fee as above for re-macadamizing shall be charged. On macadamizing or re-macadamizing (class B and C) and wooden curbing, 7 cents per lineal foot of street, measured on the center line of the street. On grading, curbing and macadamizing or re-grading, re-curbing and re-macadamizing (class A), 5 cents per lineal foot of each line of stakes, measured lengthwise of the street. On paving or re-paving with asphalt, bituminous rock or wooden blocks, 5 cents per lineal foot of each line of stakes, measured length¬ wise of the street. For setting grade for gutters six (6) dollars for 100 feet or less, with 5 cents for every additional foot of gutter. For masonry work, 5 per cent on the cost of construction, as shown by the contractor’s bid. (f) . Re-setting stakes shall be at the expense of the contractor at the above rates. (g) . For assessment diagram and final certificate, $5.00. (Said fee shall not be construed to include field work or the gathering of data for the preparation of said diagram.) Section 2. Upon work ordered by the Council, the expense of which shall be paid by district assessment, the fee shall be 5 per cent of the cost of construction. Section 3. The fees in this ordinance shall not be construed to apply to work ordered by the Council the expense of which shall be paid by bonding the City of Oakland. Section 4. Upon all engineering work ordered by the Council or by the Board of Public Works, the expense of which is to be paid out of the General Fund of the City Treasury, it shall be lawful for the City Engineer to charge the actual expense of said work. The City Engineer shall file with the City Clerk or with the Board of Public Works itemized demands upon the City of Oakland for all assistants’ services in this section provided. Section 5. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. 94 GENERAL MUNICIPAL ORDINANCES Section 6. This ordinance shall take effect and be in force on and after its approval. (Approved May 4, 1898. Vol. 5, p. 269.) ORDINANCE No. 1381. AN ORDINANCE DEFINING THE DUTIES OF THE CITY ENGINEER. Be it ordained by the Council of the City of Oakland, as follows: Section 1. It shall be the duty of the City Engineer to give the corners, lines of survey of lots and the proper grade of the sidewalks in front of all buildings, blocks or lots, with certificate of same, when applied to for that purpose; and for such service the person requiring work done shall pay all lawful charges. When required by the Council, Board of Public Works or any contractor for city work, he shall furnish the lines, grades, measurements and calculations for any street or other city work. When ordered by the Council, he shall place monuments as initial points for measurements or grades at such places as the Council may direct, and he shall do and perform such other duties as may be required by the Charter and as usually per¬ tain to that office. Section 2. The City Engineer shall enter in a book or books kept for that purpose in his office a record of all surveys and measure¬ ments made under the provisions of this ordinance. All records of surveys and all calculation books pertaining to streets, plazas or other city work, with all maps, plans and profiles in which the city can in any manner be interested, shall be and remain the property of the city, and shall be kept in the City Engineer’s office, and shall be open for public inspection during office hours. All such books, maps, plans and profiles shall be carefully preserved by the City Engineer and transmitted to his successor in office. Section 3. If it sh’all be necessary for any person to remove any street monument, notice shall be given to the City Engineer, who shall remove such monument, and shall replace the same in its proper position as soon as the object has been attained for which the removal shall have been made; provided, however, that the fee for such re¬ moval and replacement shall not exceed ten dollars. Section 4. An ordinance entitled “An Ordinance Defining the Duties and Fixing the Compensation of the City Surveyor and En¬ gineer, etc.,’’ approved November 6, 1868, is hereby repealed. Section 5. This ordinance shall take effect immediately upon its approval. (Approved November 23, 1891. Vol. 4, p. 1.) OF THE CITY OF OAKLAND', CAL. 95 ORDINANCE No. 1366. AN ORDINANCE TO PREVENT THE OBSTRUCTION OF LAWFUL ORDERS OF THE BOARD OF PUBLIC WORKS AND BOARD OF COMMISSIONERS OF THE POLICE AND FIRE DEPART¬ MENTS. Be it ordained by the Council of the City of Oakland, as follows: Section 1. No person shall resist, obstruct, defeat, or attempt to defeat the enforcement or execution of any lawful order of the Board of Public Works or of the Board of Commissioners of the Police and Fire Departments, or of any person lawfully acting- under their au¬ thority. Section 2. Every person violating any provision of this ordinance is guilty of misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved November 17, 1891. Vol. 3, p. 738.) ORDINANCE No. 1110. AN ORDINANCE AUTHORIZING THE BOARD OF PUBLIC WORKS TO CONTRACT FOR SUPPLIES FOR THE VARIOUS DEPART¬ MENTS OF THE CITY OF OAKLAND. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The Board of Public Works is hereby authorized to contract for supplies for the various departments of the City of Oak¬ land, to-wit: All supplies consisting of meat, vegetables, groceries and all other supplies necessary for the subsistence of prisoners confined in the City Prison; all books, blanks, printing and stationery required by the various municipal departments of the City of Oakland, the cost of which will not be in excess of $100. Section 2. This ordinance shall take effect and be in full force on and after its approval. (Approved December 12, 1889. Vol. 3, p. 400.) 9 6 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1178. AN ORDINANCE ENABLING KEEPERS OF PUBLIC PARKS IN THE CITY OF OAKLAND TO PERFORM THE DUTIES OF SPECIAL POLICE OFFICERS. Be it ordained by the Council of the City of Oakland, as follows: Section 1. Every person employed as the keeper of a public park in the City of.Oakland shall, during - the term of his service as such, be vested with all the powers and be amenable to all the res¬ ponsibilities and liabilities of a special police officer, and he shall be required to perform the duties of a special police officer in addition to his other duties, for the better protection of the public property in his charge; but he shall not be entitled to, nor shall he receive any com¬ pensation other than his salary as park keeper, for any services which he may be required to render under the provisions of this or- . dinance. Section 2. This ordinance shall be in full force and effect imme¬ diately after its approval. (Approved July 9, 1890. Vol. 3, p. 486.) ORDINANCE No. 1179. AN ORDINANCE PROVIDING FOR THE SALE OF REFUSE OR CONDEMNED MATERIAL. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The Board of Public Works may, when it is deemed the public interest requires, sell at public aution to the highest bidder any refuse or condemned material, stock, goods or property within the control of the various departments of the City of Oakland. Section 2. Before such sale is held a notice shall be given by posting the same for ten days and publishing the same for five days, stating the time and place of sale and a general description of the property offered for sale. Section 3. The proceeds of such sale shall be payable into the fund from which the department of which the property is sold draws its revenue. Section 4. This ordinance shall take effect and be in full force on and after its approval. (Approved July 9, 1890. Vol. 3, p. 487.) V * OF THE CITY OF OAKLAND, CAL. 97 ORDINANCE No. 1216. AN ORDINANCE CREATING THE OFFICE OF CHINESE INTER¬ PRETER OF THE POLICE COURT—DEFINING THE DUTIES AND FIXING THE SALARIES OF THE INCUMBENT. Be rt ordained by the Council of the City of Oakland, as follows: Section 1. The office of Chinese Interpreter of the Police Court is hereby established, the same to be filled by appointment by the Police Judge. Section 2. It shall be the duty of such Chinese Interpreter to be in attendance upon said Court, and to interpret from the Chinese lan¬ guage into English, and vice versa, whenever required. Section 3. The salary of such Chinese Interpreter is hereby fixed at the sum of $35 per month. [Note—See Ordinance 1995, p. 82 hereof.] Section 4. An ordinance entitled “An Ordinance Fixing the Salary of the Chinese Interpreter of the City Justice’s Court,” approved Nov. 10, 1887, is hereby repealed. Section 5 This ordinance shall take effect immediaely upon its approval. (Approved October 30, 1890. Vol. 3, p. 529.) ORDINANCE No. 1694. AN ORDINANCE CREATING THE OFFICE OF “NIGHT WATCH¬ MAN OF THE CITY HALL” AND DEFINING THE POWERS AND DUTIES AND FIXING THE SALARY THEREOF AND PROVIDING FOR THE APPOINTMENT TO FILL SAID OFFICE. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The office of “Night Watchman of the City Hall” is hereby created and the powers and duties of which shall be as in this ordinance hereafter defined. Section 2. The “Night Watchman of the City Hall” shall be ap¬ pointed by the City Council of the City of Oakland by resolution of said Council, and shall hold office at the pleasure of the said Council. Section 3. The salary of the “Night Watchman of the City Hall” is hereby fixed at $85.00 per month. [Note—See Ordinance 1995, p. 82 hereof.] 98 GENERAL MUNICIPAL ORDINANCES Section 4. The powers and duties of the “Night Watchman of the City Hall” are hereby defined as follows: He shall be under the direction of the City Council, have the im¬ mediate charge of the City Hall of the City of Oakland and the fur¬ niture and other property therein contained in the night time and shall be at the said City Hall every night between the hours of 7 o’clock p. m. and 7 o’clock a. m. He shall keep vigilant watch over the rooms and halls of said City Hall, and the furniture and other property con¬ tained therein, during the hours of the night and protect the same and give immediate alarm in case of fire or other danger, and perform such other duties relating to his employment as the City Council may, by resolution, from time to time require. Section 5. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 6. This ordinance shall take effect and be in full force immediately upon its passage and approval. (Passed over veto July 18, 1895. Vol. 4, p. 702.) ORDINANCE No. 1695. AN ORDINANCE CREATING THE OFFICE OF “JANITOR OF THE CITY HALL” AND DEFINING THE POWERS AND DUTIES AND FIXING THE SALARY THEREOF AND PROVIDING FOR THE APPOINTMENT TO FILL SAID OFFICE Be it ordained by the Council of the City of Oakland, as follows: Section 1. The office of “Janitor of the City Hall” is hereby created, and the powers and duties of which shall be as in this ordin¬ ance hereafter defined. Section 2. The “Janitor of the City Hall” shall be appointed by the City Council of the City of Oakland, by resolution of said Council, and shall hold office during the pleasure of the said Council. Section 3. The salary of the “Janitor of the City Hall” is hereby fixed at ninety dollars per month. [Note—See Ordinance 1995, p. 82 hereof.] Section 4. The powers and duties of the “Janitor of the City Hall” are hereby defined as follows: He shall be in attendance at the City Hall of the City of Oakland daily between the hours of 7 o’clock a. m. and 7 o’clock p. m., and at such other times as the City Council may require. He shall keep the rooms and halls of the City Hall building clean and in order and have general charge and care of 'the furniture and other property be¬ longing to the City of Oakland, contained in the said building, and OF THE CITY OF OAKLAND, CAL 99 shall perfom such other duties pertaining to the care of the City Hall as the City Council, by resolution, may from time to time require. Section 6. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 6. This ordinance shall take effect and be in full force immediately upon its passage and approval. (Passed over veto July 18, 1895. Vol. 4, p. 704.) ORDINANCE No. 1727. AN ORDINANCE CREATING THE OFFICE OF FIRST ASSISTANT ENGINEER OF THE FIRE DEPARTMENT OF THE CITY OF OAKLAND, PRESCRIBING THE DUTIES, FIXING THE SAL¬ ARY AND REPEALING ANY ORDINANCE OR PART OF AN ORDINANCE IN CONFLICT THEREWITH. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The office of First Assistant Engineer of the Fire De¬ partment of the City of Oakland is hereby created and in addition to his duties as Assistant Engineer, shall hereafter be ex-officio Fire Warden and exercise the duties of that office. Section 2. The duties appertaining to the office of Fire Warden shall be to assist in the enforcement of the Fire Ordinances of the City of Oakland; and for this purpose the Fire Warden shall examine all buildings in process of construction or repairs, and shall examine flues and chimneys when applied to for that purpose by any citizen, and if found in a dangerous condition shall cause the same to be re¬ paired or removed by the owner of the building or premises; he shall visit yards and inclosures in the rear of buildings, and the basements of buildings where he has reason to believe that dangerous or inflam- able material is kept or stored and shall cause the same to be removed if dangerous at the expense of the owner or occupant of the premises. He shall investigate such matters as may be referred to him by the City Council, making report to that body the result of such in¬ vestigations. He shall institute prosecutions by complaint against all persons who shall violate any ordinance of the City of Oakland in re¬ lation to the prevention of fires, and shall perform such other duties as the City Council may hereafter impose. [Note—See ordinance 1995 page 82 hereof fixing salary.] Section 4. Any ordinance or part of an ordinance in conflict here¬ with is hereby repealed. IOO GENERAL MUNICIPAL ORDINANCES Section 5. This ordinance shall take effect immediately upon its passage and approval. (Approved January 31, 1896. Vol. 5, p. 26.) ORDINANCE No. 1668. AN ORDINANCE PROVIDING FOR THE PURCHASE OF FURNI¬ TURE, FUEL, BOOKS, STATIONERY AND OTHER SUPPLIES FOR THE CITY OF OAKLAND UPON REQUISITIONS AND REPEALING ORDINANCE NO. 1553, APPROVED JUNE 19, 1893. Be it ordained by the Council of the City of Oakland, as follows: Section 1. Whenever any court, board or officer of the City of Oakland shall require furniture, fuel, books or stationery or other supplies of any kind necessary for the transaction of public business, or for the maintenance of the department of the City Government, said courts, board or officer of the city shall make written requisition therefor upon a printed form furnished by the Auditor. Said requi¬ sition shall state in clear and explicit terms the quantity and kind of supplies needed, the estimated cost thereof, how, when and where to be delivered, and if contract exists, the name of the person, firm or corporation under contract with the city to furnish the same. Section 2. Whenever the cost of any furniture, fuel, books, stat¬ ionery or other supplies shall exceed $100.00, the requisition provided for in Section 1 of this ordinance shall be approved by the City Council. Whenever the cost of any furniture, fuel, books, stationery or other supplies shall not exceed $100.00 the requisition therefor shall be ap¬ proved by at least two of the following named persons, viz.: The Chairman of the Auditing and Finance Committee, or President of the Council and Mayor of the City. (Amendment approved April 29, 1898. Vol. 5, p. 264.) Section 3. All claims against the City of Oakland for furniture, fuel, books, stationery or other supplies presented for payment shall have an approved requisition attached thereto, and said requisition shall agree with the stub of the same kept in the office of the court, board or office where the requisition originated and said claim shall not antedate the requisition authorizing it. Section 4. Ordinance No. 1533, passed June 13, 1893, and approved June 19, 1893, is hereby repealed. Section 5. This ordinance shall take effect upon its passage and approval. (Approved February 23, 1895. Vol. 4, p. 665.) OF THE CITY OF OAKLAND, CAL. IOI ORDINANCE No. 1824. AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A CORPORATION YARD. , '* - ~ Be it ordained by the Council of the City of Oakland, as follows: Section 1. It shall be the duty of the Board of Public Works to provide a suitable place at a rental not to exceed Twenty dollars per month, for the storage and repair of all movable materials and appar¬ atus not in use, belonging to the City of Oakland, and for the safe keeping of vehicles, harness, horses, implements and such other mov¬ able property in use by the several departments of the City Govern¬ ment, as may need a place of shelter or storage outside of the prem¬ ises regularly occupied by such departments. Section 2. The place of storage thus provided by the Board of Public Works shall be designated and known as “The Corporation Yard of the City of Oakland.” Section 3. Ordinance No. 1240, entitled “An Ordinance Providing for the Establishment of a Corporation Yard,” approved December 8th, 1890, is hereby repealed. Section 4. This ordinance shall go into effect immediately after its approval. (Approved August 27, 1897. Book 5, p. 167.) I X 102 GENERAL MUNICIPAL ORDINANCES CHAPTER II. ORDINANCES RELATING TO MUNICIPAL LICENSES. [Note 1—An ordinance imposing “an annual ground rental” upon telegraph and telephone poles will be found in Chapter III., post, relat¬ ing to public streets.] [Note 2—No State or City has a right to lay a tax on interstate commerce in any form. 107 Cal. 528.] ORDINANCE No. 551. AN ORDINANCE PROVIDING FOR THE REGISTRATION AND LICENSING OF DOGS IN THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section 1. No dog or dogs shall be permitted to run at large in public street, place or grounds within the City of Oakland unless the same shall be duly registered as hereinafter specified, and the tax: thereon fixed by this ordinance duly paid. Section 2. The tax on every dog in said City shall be One Dollar and Fifty Cents ($1.50) per annum to be paid to the Treasurer of the City of Oakland. (Amendment approved August 27, 1897. Vol. 5, p. 164.) Section 3. The Tax Collector shall procure each year, or from time to time as may be necessary, and at the expense of the City, a sufficient number of metallic plates or tags, not to exceed in expense the sum of twenty-five cents each, numbered consecutively and indi¬ cating in plain figures the year for which the same are to be issued and upon the payment of any such tax, he shall enter in a book to be kept for that purpose the name of the owner and a description of the dog so registered. (Amendment approved September 30, 1891. Vol. 3, p. 707.) Section 4. Every registered dog shall be provided by the owner or possessor thereof with a suitable collar at least three-fourths of an. OF THE CITY OF OAKLAND, CAL. 103 inch wide, and have attached thereto the metallic plate or tag pro¬ vided for in Section 3 of this ordinance; and every dog not registered found running or being at large in any public street, place or grounds in said city shall be seized by the Poundmaster or his deputies and taken to the public pound, where they may be redeemed by the owner or possessor thereof within three days on the payment to the said pound-keeper of the sum of three dollars, but if not so redeemed, to be then killed by said pound-keeper; and for all dogs redeemed as afore¬ said the said pound-keeper shall feed the same one pound of meat per day at his own expense; and all dogs impounded and not redeemed, and killed by said pound-keeper as aforesaid, he shall feed one pound of meat per day at the expense of the city at an expense not to exceed five cents per day for each dog. Section 5. If any unregistered dog while running or being at large in any public street, lane, alley, public ground or place in said city, bite any person, it shall be the duty of the Captain of Police to have such dog immediately killed. Section 6. All ordinances and parts of ordinances in conflict with this ordinance, so far as they conflict with the same, are hereby re¬ pealed. Section 7. This ordinance shall take effect and be in full force on and after its approval. (Approved July 10, 1873. Vol. 2, p. 289.) ORDINANCE No. 1009. AN ORDINANCE ESTABLISHING AND REGULATING MUNICIPAL LICENSES. The Council of the City of Oakland do ordain as follows: Section 1. Every person, firm or corporation engaged in, carrying on, pursuing or conducting, within the limits of the City of Oakland, any business, trade, profession or employment hereinafter specified; and any person, firm or corporation keeping, using or employing any article or thing for the keeping, using or employment of which a license charge is hereinafter provided, shall pay therefor, the license herein¬ after named. (Amendment approved July 7, 1902. Vol. 5, p. 665.) [Penalty for Violating this Ordinance.] Section 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day io4 GENERAL MUNICIPAL ORDINANCES for every two dollars of the fine so imposed. (Amendment approved No¬ vember 18, 1891. Vol. 3, p. 745.) Section 3. (Repealed by Charter, Secs. 40 and 41, and by Ordin¬ ance No. 1370. Vol. 3, p. 745.) [Auditor to Furnish Blank Licenses.] Section 4. The Auditor shall prepare and have printed blank licenses of all classes and denominations, dog tags, vehicle and boat and basket numbers, for terms to correspond with the provisions of this or any subsequent ordinance. He shall have all licenses and tags numbered, and after having signed the licenses shall from time to time deliver them to the Tax Collector in such quantities as may be re¬ quired, taking his receipt therefor and charging him therewith, giving in the entry the numbers, classes and amounts therefor. He must keep in his office a ledger in which he shall keep the Tax Collector’s account of all licenses delivered to him, sold or returned unsold to him. He shall at the close of each month demand and receive from the Tax Collector all such licenses, blanks, dog tags, vehicle, boat and basket numbers or plates, not issued and paid for, and immediately credit him therewith. He shall at the same time credit the Tax Col¬ lector with all licenses, blanks, dog tags, vehicle, boat and basket numbers or plates issued and paid for during the month, specifying their numbers, classes and values, and cancel the account in such a manner as to show a monthly settlement with said Tax Collector. He shall, on or before the 5th day of each month, require and receive from the Tax Collector a sworn monthly report, showing the number and class of each license, the number of dog tags, boat, vehicle and basket numbers or plates on hand and received during the month, with total number of each class issued during the month next pre¬ ceding, and the amount paid over to the City Treasurer. This report, if found correct, he shall immediately file with the City Council, (Amendment approved November 18, 1891. Vol. 3, p. 745.) [Tax Collector to Keep a Record of Licenses Issued.] . Section 5. The Tax Collector shall furnish the report mentioned in the preceding section (4), and shall keep a record of all licenses, dog tags, vehicle and boat numbers sold. He shall also keep such other books as may in his judgment, be necessary, or as may be required by the City Council. (Amendment approved November 18, 1891. Vol. 3, p. 745.) [Licenses to be Paid in Advance.] Section 6. All licenses shall be paid for in advance in the legal currency of the United States and at the office of the Tax Collector, and not otherwise. No license shall be issued by the Tax Collector on any other blank than that received from the Auditor. No greater or less amounts of money shall be charged or received for licenses so issued than is provided in this ordinance, and no license OF THE CITY OF OAKLAND, CAL. 105 shall be sold or issued for any period of time other than is provided in this ordinance. No person required to be licensed shall receive from the Tax Col¬ lector, his clerk or assistants, any license, dog' tax, vehicle or boat number for a longer or shorter period, or pay therefor any greater or less amount of money than is provided in this ordinance. (Amend¬ ment approved November 18, 1891. Vol. 3, p. 745.) [License to Be Exhibited.] Section 7. Every person having a license under the provisions of this ordinance shall place and exhibit the same at all times, while in force, in some conspicuous part of his or her place of business, and shall produce or exhibit the same when applying for a renewal or when requested to do so by any police officer or officer of the Li- •cense Department. [Peddlers to Exhibit When Requested.] Section 8. Every peddler while engaged in peddling shall carry his license and exhibit it when required by any license or police officer. [License not Assignable.] Section 9. No license granted or issued under any of the pro¬ visions of this ordinance shall be assignable or transferable without the permission of the Tax Collector indorsed thereon; said assign¬ ment or transfer must be recorded upon a registry kept for that pur¬ pose. (Amendment approved November 18, 1891. Vol. 3, p. 745.) [Dates of Licenses] Section 10. All dog licenses and vehicle licenses shall date from the first of January or the first day of July of each year. All other licenses, whether monthly, quarterly, semi-rannually or annual, required by the provisions of this ordinance shall date from the first day of the month in which the person, firm or corporation procuring the same commences the business, trade, profession or employment required to be licensed, or from the time of the expiration of the license next pre¬ ceding, unless provided otherwise by this ordinance. [Money to Be Paid to the City Treasurer.] Section 11. All money collected by the Tax Collector for licenses shall be paid by him at or before the close of every month, or at such other times as the Council may direct, to the City Treasurer, and re¬ ceipt taken therefor. (Amendment approved November 18, 1891. Vol. 3, p. 745.) ■ , « [When Must Be Produced.] Section 12. A license must be procured from the Tax Collector immediately before the commencement of any business, trade or pro¬ fession or employment required by this ordinance to be licensed, and a separate license must be obtained for each branch establishment or separate place of business, which license authorizes the party obtain- io6 GENERAL MUNICIPAL ORDINANCES ing it to carry on, pursue or conduct only that business, trade, pro¬ fession or employment described in such license, and only at the loca¬ tion or place of business which is indicated thereby. (Amendment approved November 18, 1891. Vol. 3, p. 745.) [Powers and Duties of License Officers.] Section 13. All License Officers, in the discharge and performance of their official duties, and all regular police officers shall have and exercise the power: First—To make arrests for the violation of any of the provisions of this ordinance. Second—To enter free of charge, at any time, any place of busi¬ ness for which a license is required and provided, and to demand the exhibition of such license for the current term from any person, firm or corporation engaged or employed in the transaction of such busi¬ ness; and if such person, firm or corporation shall then and there fail to exhibit such license, such person, firm or corporation shall be liable to the same penalty as provided for in Section 2 of this ordinance. It is hereby made the duty of the License Inspector to cause com¬ plaints to be filed against all persons, firms or corporations violating any of the provisions of this ordinance. (Amendment approved No¬ vember 18, 1891. Vol. 3, p. 745.) [Sworn Statements of Receipts to Be Made to Tax Collector.] Section 14. In all cases where the amount of license to be paid by any person, firm or corporation is based upon the amount of receipts of sales effected or business transacted, such person, firm or corpor- tion shall render a sworn statement in writing to the Tax Collector, made before some officer authorized to administer oaths, of the total amount of receipts, sales made or business done by said person, firm or corporation respectively during the three months next preceding the expiration of the last license, which statement shall determine the amount for which such license shall be issued or renewed. (Amend¬ ment approved November 18, 1891. Vol. 3, p 745.) Section 15. If any person shall furnish evidence satisfactory to the Auditor that such person, by reason of physical infirmity, un¬ avoidable misfortune or unavoidable poverty, merits exemption from the operation of this ordinance, said Auditor may issue to such person a free license, upon having first obtained the consent in writing of the Tax Collector and Mayor therefor. In each case it shall be the duty of the Auditor to investigate the merits thereof and grant free license only in meritorious cases. Whenever the Auditor is satisfied that the receipts for any exhi¬ bition, concert, lecture or other entertainment is to be or will be appropriated to any church, school, or religious or benevolent pur¬ pose, within the City of Oakland, he may grant, as of course, a free license for the same to the person or persons about to conduct the same. (Amendment approved June 6, 1889. Vol. 3, p. 339.) OP THE CITY OF OAKLAND, CAL. 107 [Evidence of Not 'Procuring License.] Section 16. Upon the trial of any criminal action brought under or arising from any provision or provisions of this ordinance, the defendant shall be deemed not to have procured the required license unless he or she either produces it or proves having paid for it to the proper officer. [Evidence of Liability to Pay License.] Section 17. In any action brought under or arising out of any of the provisions of this ordinance, the fact that a party represented himself or herself as engaged in any business or employment for the transaction of which a license is by this ordinince required, or that such party exhibited a sign indicating such business or employment, shall be prima facia evidence of the liability of sucn party to pay a license. [Conviction Not to Exempt from License.] Section 18. The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction. [Police Officers to Act as Assistant Inspectors of Licenses—Their Duties.] Section 19. All Police Officers are hereby appointed Assistant Inspectors of Licenses, and in addition to their several duties as Police Officers are hereby required to examine all places of business and persons on their respective beats liable to pay license, and to see that such licenses are taken out and that no other business than the one described in the license is carried on or transacted. Said Assistant Inspectors of licenses shall make out once in every month a list of persons, firms, corporations having no license, with their places of business, and deliver such list, carefully and legibly written, to the proper License officer or Inspector, and also report to said License Officer or Inspector the names of all such doing business without a license immediately upon the fact coming to their knowledge. Any Police Officer failing or neglecting for more than thirty days to report any person, firm or corporation who or which is engaged in trans¬ acting business without having paid the required license, shall be guilty of neglect of duty and be either suspended from duty or dis¬ missed from the police force. The Captain of Police is hereby directed to carry into effect the provisions of this section. [Tax Collector to Number Vehicles and Boats.] Section 20. The Tax Collector shall assign a separate number to each and every vehicle or boat for which he issues a license, and shall furnish a tin or plate in duplicate with each number thereon, for which he shall charge the sum of one dollar; provided, that no two vehicles of the same class or two boats shall have the same number. io8 GENERAL xMUNICIPAL ORDINANCES Such number shall be permanent, without regard to the ownership of such vehicle or boat, and shall be affixed to such vehicle or boat by the party obtaining the license, in the manner and place designated by the Tax Collector; and no person shall use or drive, or per¬ mit to be used or driven, any vehicle or boat belonging to him or under his control without having such number affixed thereto, and such number shall not be inverted, covered, mutilated or otherwise rendered obscure or illegible. (Amendment approved November 18, 1891. Vol. 3, p. 745.) Section 21. Any person driving or having control of any vehicles on which a number is required to be placed shall give the number of his vehicle on the inquiry of any person. Every proprietor and every driver of any hackney carriage, and every runner and soliciting agent, shall, when soliciting patronage or employment for, or driving any hackney carriage, wear conspicuously exposed upon the outside lapel of his coat a badge, showing in plain Roman letters and Arabic num¬ erals, of such size, form and color as may be designated by the Tax Collector, the number of the hackney carriage of which he is the driver or for which he is soliciting patronage or employment. The Tax Collector shall furnish the badges in the section pro¬ vided for, and shall charge and collect for each badge the sum of one dollar. (Amendment approved November 18, 1891. Vol. 3, p. 745.) [Who Are Peddlers.] Section 22. The term peddler shall include every person who sells or offers for sale goods, wares or merchandise on any street, lane, alley, sidewalk or public square, or which carries from place to place in either a pack, vehicle, basket or other conveyance, contrivance or in any manner whatsoever, and offers to or does sell, barter or ex¬ change any goods, wares or merchandise except religious publica¬ tions, newspapers, periodicals; provided that persons furnishing to retail dealers having an established place of business in the City of Oakland, to become a part of said retailer’s stock in trade in such a place of business, and a producer who directly furnishes and de¬ livers any fish, meat, poultry, fruit, vegetables, being the produce of his garden, farm or dairy to any person in the City of Oakland, shall not be deemed a peddler within the meaning of this ordinance. Every person who collects, purchases .or barters for old junk or second hand articles shall be deemed as peddlers. No peddler, producer or growler of meats, poultry, fish, produce, fruits or vegetables or other article of merchandise shall sell or offer for sale, barter or exchange any of said articles or merchandise in or upon any of the public streets or highways of the City of Oakland described as follows: Bounded on the north by the north line of Fourteenth street, on the south by the south line of Sixth street, on the east by the east line of Webster street and on the west by the west line of Clay street. (Amendment approved December 11, 1897. Vol. 5, p. 212.) OF THE CITY OF OAKLAND, CAL, I09 [Who Are Solicitors or Order Agents.] Section 23. The term solicitor or order agent shall include all persons who solicit or take orders in the City of Oakland, from any person, firm or corporation, for the sale or purchase of any article or commodity; provided, that those soliciting or taking orders from retail dealers (and dentists) having established places of business in the City of Oakland for the sale or purchase of any article or com¬ modity to become a part of the said retail dealers, or dentists, stock in trade in such places of business, and established retail dealers solicit¬ ing or taking orders from their regular customers, shall not be deemed solicitors or order agent within the meaning of this ordinance. (Amend¬ ment approved December 11, 1897. Vol. 5, p. 214.) [Who Are Runners or Soliciting Agents.] Section 24. The term “runners” and “soliciting agents” shall include all persons engaged in soliciting or endeavoring to influence or secure passengers or freight for any boat, vessel or steamboat; or in endeavoring to influence or secure boarders, lodgers or custom for any hotel, tavern, boarding house, or lodging house; or in endeavor¬ ing to influence or secure patronage or custom for any livery stable, or for any hackney carriage, or any other vehicle other than the one driven by such runner or soliciting agent. [Runners to Wear Badges.] Section 25. Every runner or soliciting agent for a hotel, lodging- house, boarding house, tavern or restaurant shall, while engaged in his calling, wear conspicuously exposed upon the outside lapel of his coat a badge showing by proper designation in plain Roman letters of such size and color as to be readily seen and read, the particular establishment for which he shall be employed. Section 26. (Repealed by Ordinance No. 1370, Vol. 3, p.745, and by Charter, Section 44.) Section 27. The rates for licenses shall be according to the rates named in the following sections hereof, and all licenses shall be issued for the same lengths of time as those for w T hich the rates are therein given, unless otherwise in this ordinance provided. (Amendment ap¬ proved July 7, 1902. Vol 5, p. 665.) Section 28. The term “quarter” whenever used in this ordinance with reference to time, shall be construed and is hereby declared to mean one quarter of a year. [Advertising Agent.] Section 29. For every person, firm or corporation engaged in the business of street or steam railroad car advertising the license shall be ten (10) dollars per quarter. For every person, firm or corporation engaged in the business of advertising by means of fences and bill boards or other structures, used in whole or in part for advertising purposes, the license shall be one- IIO GENERAL MUNICIPAL ORDINANCES half of one mill per quarter in advance of each square foot of surface to be maintained or used for advertising - purposes during such quarter, The applicant shall deposit with the Tax Collector before the issuance of such license an affidavit setting forth the location of each fence, bill board or other structure, to be used for advertising purposes dur¬ ing the quarter for which the license is sought. [Assayers, etc.] Section 30. For Every person, firm or corporation engaged in the business of assaying ores and precious metals, or of melting and refin¬ ing precious metals, the license shall be for those whose receipts are not less than $1500 per quarter, $10 per quarter; for those whose gross receipts are less than $1500 per quarter, $5 per quarter. [Auctioneers.] Section 31. For auctioneers and all other persons who sell any goods, wares or merchandise or real estate at public auction on com¬ mission or otherwise, the license shall be $50 per annum. [Bankers’ License.] Section 32. For every person, firm or corporation engaged in the business of banking or loaning money at interest, receiving deposits or buying and selling gold and silver coin, currency notes or bills of ex¬ change, or gold or silver bullion, the license shall be for those whose total amount of gross income or revenue from all sources is more than $100,000 per quarter, $60 per quarter; for those whose total amount is not more than $100,000, and more than $50,000 per quarter, $40 per quarter; for those whose total amount is not more than $50,000 and more than $35,000 per quarter, $25 per quarter; for those whose total amount is $35,000 or less per quarter, $20 per quarter. [Billiard and Pool Tables.] Section 33. For every person, firm or corporation engaged in the business of keeping or conducting billiard, bagatelle or pool tables, for each billiard, bagatelle or pool table not for private use, the license shall be $4 per quarter. [Bowling Alleys.] Section 34. For each person, firm or corporation engaged in the business of keeping or conducting bowling alleys, for each alley or bed the license shall be $4 per quarter. [Brokers’ License.] Section 35. For every person, firm or corporation engaged in the business of buying or selling stocks, bonds, State, County, City stocks, or stocks of incorporated companies, or evidences of indebtedness of private persons or of incorporated companies, on commission or other¬ wise, the license shall be for those whose aggregate amount of pur¬ chases and sales is more than $150,000 per quarter, $25 per quarter; for those whose aggregate amount of purchases and sales is not more OF THE CITY OF OAKLAND, CAL. III that $150,000 per quarter, but more than $75,000 per quarter, $15 per quarter; for those whose aggregate amount of purchases and sales is not more than $75,000 per quarter, but more than $20,000 per quarter, $10 per quarter; for those whose aggregate amount of purchases and sales is $20,000 or less per quarter, $5 per quarter. [Circus, etc.] Section 36. For exhibition for pay, of a menagerie or circus, the license shall be $200 per day. [Dance House, etc.] Section 37. For every person, firm or corporation who owns, keeps or conducts any public dance house or public ball room, for each public dance house or public ball room the license shall be $10 per day, or $75 per quarter. [Dogs.] Section 38. For every dog the license shall be $1.50 per annum. [Dyers.] Section 39. For every person, firm or corporation who owns or keeps or solicits for any dying establishment or carries on the busi¬ ness of dying, the license shall be for those whose gross receipts ex¬ ceed $5000 per quarter, $10 per quarter; for tfiose whose gross re¬ ceipts do not exceed $5000 and exceed $3000 per quarter, $7 per quarter; for those whose gross receipts are $3000 or less per quarter, $4 per quarter. [Express Companies.] Section 40. For every person, firm or corporation engaged in the business of common carriers in expressing, transmitting or conveying gold dust, bars, bullion, coin, furniture or general merchandise from or to any place outside of the City of Oakland, the license shall be for those whose gross receipts are $10,000 or more per quarter, $30 per quarter; for those whose gross receipts are less than $10,000 and not less than $5000 per quarter, $20 per quarter; for those whose gross receipts are less than $5000 and not less than $3000 per quarter, $10 per quarter; for those whose gross receipts are less than $3000 per quarter and not less than $1500 per quarter, $7.50 per quarter; for those whose gross receipts are less than $1500 per quarter, $5 per quarter. [Fortune tellers, etc.] Section 41. For every astrologer, seer, fortune teller, palmist, clair- , voyant, who demands a fee for his or her services, or gives an exhi¬ bition at any place where an admission fee is charged, the license shall be $5 a week, $15 a month, or $30 per quarter. (Amendment ap¬ proved Aug. 29, 1902. Vol. 5, p. 684.) [Light Companies.] Section 42. For every person, firm or corporation engaged in furnishing or supplying to the residents of the City ofOakland or to 11 2 GENERAL MUNICIPAL ORDINANCES the City of Oakland gas or electricity for illuminating or heating pur¬ poses, the license shall be for those whose gross receipts are more than $50,00 per quarter, $150 per quarter; for those whose gross recipts are not more than $50,000 and more than $30,000 per quarter, $100 per quarter; for those whose gross receipts are not more than $30,000 and more than $20,000 per quarter, $75 per quarter; for those whose gross receipts are not more than $20,000 and more than $10,000 per quarter, $50 per quarter; for .those whose gross receipts are $10,000 or less per quarter, $40 per quarter. [Intelligence Offices.] Section 43. For every person, firm or corporation engaged in the business of keeping intelligence offices, for each intelligence office the license shall be $10 per year. [Jacks, etc.] Section 44. For every person, firm or corporation who keeps a jack, ram of bull for the purpose of propagation, for hire or profit, the license shall be $10 per annum. [Laundries.] Section 45. For owners or keepers of laundries, or solicitors for laundry work or orders, whose receipts are over $200.00 per quarter, the license shall be $l(f per quarter. [Livery Stables] Section 46. For every person, firm or corporation engaged in the business of keeping or conducting livery or boarding stables, the license shall be for each livery or boarding stable whose gross receipts amount to more than $3000 per quarter, $8 per quarter; for those whose gross receipts amount to not more than $3000 per quarter and more than $1500 per quarter, $6 per quarter; for those whose gross receipts amount to $1500 or less per quarter, $4 per quarter. [Messenger and Telegraph Companies.] Section 47. For every person, firm or corporation engaged in sup¬ plying or furnishing messengers for the purpose of errand boys or en¬ gaged in the business of renting signal boxes, telephones, telegraph in¬ struments or telegraph lines, the license shall be for those whose gross receipts are more than $10,000 per quarter, $50 per quarter; for those whose gross receipts are not more than $10,000 and more than $5,000 per quarter, $30. per quarter; for those whose gross receipts are not more than $500 and more than $2500 per quarter, $25 per quarter; for those w r hose gross receipts are $2500 or less per quarter, $15 per quarter. Provided, that separate licenses shall not be required for each branch office of any telegraph company or company supplying or furn¬ ishing messengers transacting business in the City of Oakland. [Parks, etc.] Section 48. For every person, firm or corporation who owns or / OF THE CITY OF OAKLAND, CAL. 1 13 keeps any public garden or park where an admission fee is charged to such garden or park, the license shall be $5 per day, or $25 per quarter. [Pawn Brokers.] Section 49. For every person, firm or corporation engaged in the business of pawn-broking, the license shall be for those whose total amount of business transacted is over $2000 per quarter, $75 per quarter; for those whose total amount of business is $2000 or less per quarter, $50 per quarter. [Peddlers.] Section 50., For peddlers the license shall be for each peddler engaged in purchasing or bartering for old junk or second hand arti¬ cles, $2.50 per quarter; for each peddler of candy, confectionery, flow¬ ers, icecream or hokey-pokey, $5 per quarter; for each peddler of meat, fish, vegetables, fruits nuts, game, poultry, groceries, produce or dairy products from vehicles or baskets, $15 per quarter; for each peddler of any other articles or commodity, $15 per quarter where a vehicle drawn by animal power is used, and in other cases $10 per quarter. Provided, that each peddler shall have securely fastened or at¬ tached to his vehicle, basket or pack a metallic plate or tag which shall specify the quarter for which said license sl^all have been issued; provided, that the Tax Collector shall designate the style and pattern fastened to said vehicle, basket or pack, said tags or plates shall be furnished to the Tax Collector by the Auditor, and shall be the only license issued to such peddlers, and shall date from the first day of the month in which the license is issued, and the Tax Collector shall keep a register in which shall be recorded opposite each number of the license sold the name of the person to whom the licnse is issued, his address and the months of the quarter for which the license is sold. All license and police officers are hereby authorized and directed to re¬ move from any vehicle, basket or pack any tag or plate representing' a license for an expired quarter, and destroy the same. [Pile Drivers.] Section 51. For every person, firm or corporation engaged in the business of driving piles, the license shall be for those whose gross receipts from such business are more than $2500 per quarter, $20 per quarter; for those whose gross receipts are not more than $2500 and more than $1500 per quarter, $15 per quarter; for those whose gross receipts are $1500 or less per quarter, $10 per quarter. [Powder Magazines.] Section 52. For every person, firm or corporation who owns or keeps any gunpowder, blasting powder or giant powder magazine, the license shall be $30 per quarter. Those selling any gunpowder, blast¬ ing powder or giant powder shall pay an additional license for selling the same, of $2.50 per quarter. GENERAL MUNICIPAL ORDINANCES 114 [Race Courses.] Section 53. For every person, firm or corporation who owns, keeps or conducts any race course, for each race course the license shall be $5 per day or $25 per quarter. [Runners, etc.] * Section 54. For every runner or soliciting agent the license shall be $10 per quarter. [Shooting Galleries.] Section 55. For every person, firm or corporation who owns or keeps any shooting gallery, for each shooting gallery the license shall be $5 per quarter. [Skating Rink.] Section. 56. For every person, firm or corporation engaged in the business of keeping or conducting shating rinks, for each skating rink the license shall be $5 per quarter. [Solicitors, etc.] Section 57. For every solicitor or order agent soliciting or taking orders in the City of Oakland for the sale or purchase of books, maps, charts or periodicals, with or without samples, the license shall be $10 per quarter; and for every one soliciting or taking orders for the sale or purchase of any other article or commodity, with or without sample, the license shall be for those whose total amount of sales or business transacted is $1500 or more per quarter, $150 per quarter; for every one whose total amount of sales or business transacted is less than $1500 per quarter, $100 per quarter. [Stallions.] Section 58. For every person, firm or corporation who keeps a stallion and who permits the same to be used for the purpose of pro¬ pagation, for hire or profit, the license shall be $20 per annum. [Street Cars.] Section 59. For every steam railroad passenger car, drawn or propelled by a steam locomotive engine, the license shall be $20 per annum; provided, that no car that runs and is drawn or propelled by steam which is operated exclusively upon the main or through lines shall be construed to be within the provisions of this ordinance; and provided further, that cars propelled by steam passing through the limits of the City of Oakland upon a railway line having a terminus in some other incorporated city, shall be excluded from the provisions hereof. And for every street railroad passenger cqr which is propelled by means of a wire rope or cable attached to steam engines, or by one or more horses or mules, or by electric motors, the license shall be $10 per annum. OF THE CITY OF OAKLAND, CAL. 115 Said license to be paid quarterly 011 the first days of January, April, July and October of each year and to date from the commence¬ ment of running of each and every car so used; provided that in case a car duly licensed shall be withdrawn for repairs, the owner or owners may substitute another car in its place, and shall receive a notice from the License Inspector, to be posted in such substitute car, stating such fact, and such notice shall contain the number of each car. [Street Musicians.] Section 60. For every street musician the license shall be $10 per quarter or $1 per day. [Telephone Companies, etc.] Section 61. For every person, firm or corporation engaged in the business of telegraphing, telephoning or receiving messages by tele¬ graph or telephone, the license shall be for those whose gross receipts are more than $10,000 per quarter, $50 per quarter; for those whose gross receipts are not more than $10,00 per quarter and more than $5000 per quarter, $35 per quarter; for those whose gross receipts are $5000 or less per quarter, $25 per quarter. [Theatres, etc.] Section 62. For theatres, concert halls and other places of enter¬ tainment, except those specified hereafter, the license shall be for those seating or accommodating five hundred or more persons, $5 per day, $10 per month or $25 per quarter; for those accommodating less than five hundred persons, $3 per day, $8 per month or $20 per quarter. [Vehicles.] • Section 63 (Sub. A.) For every person, firm or corporation who owns or keeps any hackney carriage, stage, omnibus or other vehicle for conveyance of passengers, the license shall be, for each vehicle drawn by more than one animal and having seats for more than four persons, $8.00 per annum; for said vehicles having seats for four per¬ sons or less, $5.00 per annum; for said vehicles drawn by only one ani¬ mal, $3.00 per annum. (Sub. B.) For every wagon or cart drawn by two or more animals used in the hauling or carrying of rock, macadam, dirt, manure, sand, ashes, loam, gravel, $6.00 per annum; for said wagons or carts drawn by one animal, $4.00 per annum. (Sub. C.) For every truck, dray, express wagon, brewery wagon, or bottle beer wagon drawn by two or more animals, $8.00 per annum, or $5.00 per half year. For said vehicles drawn by one animal, $5.00 per annum or $3.00 per half year. (Sub. D.) Carriages for private use and hackney carriages and other vehicles for hire, kept in and rented from licensed livery stables only as part of the regular livery of such stables, shall be exempt from the provisions of this section. Every hackney carriage used at funerals or for which custom is n6 GENERAL MUNICIPAL ORDINANCES solicited, or which occupies any place as a stand, or is kept in any place on the streets for hire shall be duly licensed and shall be in¬ cluded within the provisions of this section. (Sub. E.) Provided, that each vehicle for which a license is re¬ quired shall have securely fastened or attached to it a metallic plate or tag-, which shall specify the particular term for which said license shall be issued; Provided, that the Tax Collector shall designate the style or pattern of said tag or plate and the place at which it shall be attached or fastened to said vehicle; said tags or plates shall be furnished to the Tax Collector by the Auditor and shall be the only license issued to said vehicles and shall date from the first day of Jan¬ uary or July of the year in which the license is issued. And the Tax Collector shall keep a register in which shall be recorded opposite each number of the license sold, the name of the person to whom the license is issued, his address and the particular term for which the license is- sold. All license and police officers are hereby authorized and directed to remove from any vehicle any tag or plate representeing. the license- for an expired term and destroy the same. (Amendment approved Sept. 11th, 1903. Vol. 6, p. 109.) [Warehouses.] Section 64. For every person, firm, or corporation who owns or keeps any warehouse used for the storage of any merchandise or goods, the license shall for those whose gross receipts are more than $1500 per quarter, $15 per quarter; for those whose gross receipts are $1500 or less per quarter, $10 per quarter. [Water Companies] Section 65. For any person, firm or corporation engaged in sup¬ plying or furnishing water to the City of Oakland, or to the residents thereof, the license shall be for those whose total receipts are more than $50,000 per quarter, $100 per quarter; for those whose total re¬ ceipts are not more than $50,000 and more than $30,000 per quarter, $85 per quarter; for those whose total receipts are not more than $30,000 and more than $10,000 per quarter, $60 per quarter; for those whose- total receipts are not more than $10,000 and more than $5000 per quarter, $45 per quarter; for those whose total receipts are $5000 and less per quarter, $5 per quarter. [Term “Quarter” Defined.] Section 66. The term “Quarter” whenever used in this Ordinance- with reference to time shall be construed and is hereby declared to- mean one quarter of a year. Section 67. An ordinance entitled “An Ordinance Establishing and Regulating Municipal Licenses,” passed over the veto of his Honor, the Mayor, June 30th, 1879, and all amendments thereto and all ordi¬ nances and parts of ordinances in conflict herewith, are hereby re¬ pealed. Section 68. This Ordinance shall take effect and be in force from* and after its approval. OF THE CITY OF OAKLAND, CAL. 1 17 [Note—Sections 29 to 68 inclusive (excepting Section 41) amend¬ ments approved July 7, 1902. Vol. 5, p. 665.] (Original ordinance approved May 20, 1887. Vol. 3, p. 248.) ORDINANCE No. 2069. AN ORDINANCE ESTABLISHING AND REGULATING A MUNI¬ CIPAL LICENSE UPON THE BUSINESS OF ADVERTISING BY MEANS OF FENCES, BILL-BOARDS OR OTHER STRUC¬ TURES. Be it ordained by the Council of the City of Oakland, as follows: Section 1. No person shall engage in the business of advertising by means of fences or bill-boards or other structures, used in whole or in part for advertising purposes, without having paid into the City Treasury a license tax of one-half of one mill per quarter, in ad¬ vance, for each square foot of surface to be maintained or used by him for advertising purposes during such quarter. Section 2. Each applicant for such license shall deposit with the Tax Collector before the issuance of such license an affidavit setting forth the location and area of each fence, bill-board or other structure to be used for advertising purposes during the quarter for which the license is sought. Section 3. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred ($100.00) dollars, and in case such fine is not paid, then by the imprisonment in the City Prison at the rate of one (1) day for every two (2) dollars of the fine so imposed and remaining unpaid. (Approved October 18, 1900. Vol. 5, p. 508.) ORDINANCE No. 2203. -AN ORDINANCE ESTABLISHING AND REGULATING THE TRAF¬ FIC, VENDING AND DISPOSING OF SPIRIT OUS, MALT, AND FERMENTED LIQUORS OR WINES, OR ANY ADMIX¬ TURE THEREOF AND PROVIDING FOR LICENSING THE SAME AND PROVIDING PENALTY FOR VIOLATIONS OF PROVISIONS OF SAID ORDINANCE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. 118 GENERAL MUNICIPAL ORDINANCES Be it ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to he unlawful for any person, firm or corporation to establish, open, keep, maintain or carry on within the City of Oakland any saloon, bar, store, dram shop, tippling place, stand, or any place where spirituous, malt or fermented liquors or wines, or any admixture thereof, are sold or given away; or for any person, firm or corporation (except as hereinafter provided) to sell within the limits of the City of Oakland any spirituous, malt or fer¬ mented liquors or wines, or any admixture thereof, without having the permission and license therefor as in this ordinance provided. Section 2. Every person, firm or corporation receiving a license under this ordinance shall place the same so that it shall at all times be conspicuous and easy to read in his chief place of making sales, and no license shall permit sales by any person, firm or corporation who shall neglect this requirement. Section 3. No license issued under any of the provisions of this ordinance shall be assignable or transferable without the consent of the Auditor indorsed thereon, and only to such person, firm or cor¬ poration as have obtained from the City Council the permission here¬ inafter required, and having filed a bond as hereinafter provided, and complied in all other respects with the preliminary requirements of this ordinance. Section 4. No person, firm or corporation shall have issued to him or them the license required by this ordinance unless such person, firm or corporation be of good moral character, and first obtain per¬ mission as provided herein, by making application in writing to the City Council at a regular meeting thereof for permission to obtain the license herein required, and shall file with said application a written recommendation signed by not less than five citizens of the City of Oakland occupying or owning real estate within one block from the front entrance of the place where the applicant or applicants propose to carry on the said business. The application shall set forth: First—The name and residence of the applicant or applicants, and how long he or they have there resided. Second—The particular place for which a license is desired. Third—The name of the owner of the premises. Fourth—That the applicant or applicants are the only person or persons in any manner interested in the business asked to be licensed, and that no other person shall be in any manner interested therein during the continuance of the permission. Fifth—Whether or not the applicant or applicants have had a permission or license for the sale of liquors in this city during any time preceding his or their present application, revoked. The recommendation shall set forth: That the applicant or applicants are of good moral char- OF THE CITY OF OAKLAND, CAL. 119 ' acter, and suitable to conduct such a place. This petition must be verified by affidavit of applicant or applicants made before the City Clerk or some authorized Notary Public. Provided, however, that when there are not five citizens, occupying- or owning real estate within a distance not exceeding one block, as provided for in this section, the Council may, upon recommendation of three of its members, grant such permission. The term “block” in this ordinance shall be construed as follows: (a) A block shall not exceed 300 feet in its greatest length. (b) When an establishment to be licensed occupies an entire- square or block bounded by four streets, a block shall constitute that frontage of each of the four blocks next adjacent immediately facing the block occupied by the applicant or applicants for such permission. (c) Where the establishment to be licensed occupies a corner of the block or square on which it is located, then the term “block” shall constitute each of the two frontages of the square or block thus occupied, and of which the property on which the applicant or appli¬ cants for permission is located constitutes a part. (d) Where the establishment to be licensed occupies a part of either frontage in a block or square, then the term “block” shall con¬ stitute the frontage of which the premises thus occupied constitute a part, and the frontage facing the same in the block or square next adjacent and on the opposite side of the street. Section 5. No permission shall be granted under the provisions of this ordinance to any person, firm or corporation to sell such liquors in any room or place where groceries, drugs or merchandise, other than tobacco and cigars, are sold at wholesale or retail, or in any room or place having any opening into or door connection with premises where groceries, drugs or merchandise, other than tobacco and cigars, are sold at wholesale or retail. Section 6. Such applicant or applicants shall, at the time of making application for permission to obtain a license, file with the City Clerk a bond in the penal sum of one thousand ($1000) dollars, with two or more sureties, who shall each be a resident of the City of Oakland, and shall each qualifiy in double the amount of the penal sum of the bond; said bond to be approved by the City Council and conditioned that the said applicants shall conduct the business for which the license is sought in a quiet, orderly and reputable manner, and will not permit any breech of the peace, or disturbance of the public order or decorum, by any tumultuous, riotous or disorderly conduct upon the premises, and shall not sell, give or furnish any intoxicating liquor, spirituous, malt or fermented liquor or wine, or any admixture thereof, to any person in a state of intoxication, or to any person under the age of 18 years; and that said applicant or appli¬ cants shall obey and abide by all laws and ordinances now in force and which may be hereafter enacted, regulating the time of closing saloons and places of business where spirituous, malt or fermented 120 GENERAL MUNICIPAL ORDINANCES liquors or wines, or any admixture thereof, are sold. Said applica¬ tion and recommendation, after the approval of said bond, shall be immediately referred to the Municipal License Committee for investi¬ gation, who shall report the result thereof to the Council at the next regular meeting following. If said report be in favor of granting the permission of said applicant or applicants, the Council may, by reso¬ lution, grant the permission applied for, which permission shall re¬ main in force not more than one year from the date of the same, and be good only for the person, Arm or corporation and place named therein, and shall be filed with the Tax Collector. Section 7. The City Council shall hear petitions from residents of the ward in which an applicant or applicants are desirous of con¬ ducting such business, in addition to that of the applicant or appli¬ cants, in favor of or remonstrating against the granting of such per¬ mission, and in all cases shall decide impartially as to the necessity or needlessness of such permission, for the accommodation, peace or order of the public, according to the number, character and showing of the petitioners for and remonstrants against such permission. Upon sufficient cause being shown or proof furnished to the said Council that any person, firm or corporation holding a license has violated any ordinance of the city relating to the sale of liquors, the City Council shall, upon notice being given to the person, firm or corporation so licensed, revoke such permission, cancel the license and declare the bond forfeited. Section 8. All licenses shall be paid for quarterly in advance in lawful money of the United States, and at the office of the Tax Col¬ lector of the City of Oakland, who is hereby authorized, empowered and required to collect all license taxes provided for by this ordinance; and he shall not issue the license herein provided for, except to such person, firm or corporation as shall have presented him the permis¬ sion of the City Council to issue such license, and for such place named in the resolution granting the permission, and for this pur¬ pose the City Clerk shall furnish to such person, firm or corporation to whom permission may be granted, a certified copy of the resolution granting such permission, and such permission must be in force and unrevoked at the time of issuing such license. Section 9. The keeping of a disorderly or disreputable house or place, or the selling or giving of any spirituous, malt or fermented liquor, or wine, or any admixture thereof, to any intoxicated person, or to any minor under the age of 18 years, or the violation of any of the provisions of this ordinance by any person, firm or corporation hereby licensed, shall be deemed a misdemeanor, and on conviction thereof said conviction shall work a revocation and forfeiture of the license and permission obtained, as well as a forfeiture of the bond given under the said provisions, and no license shall thereafter be granted to such person, firm or corporation. The Council may at any time for such cause ts they or a majority of them upon investiga¬ tion deem sufficient, revoke any permission granted under this ordin- OP THE CITY OF OAKLAND, CAL. 121 an.ce, and it is especially ordained and declared that all such permis¬ sions, though granted for the nominal term of one year, are held at the pleasure of the Council. Section 10. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine not exceeding one hundred ($100) dollars, and in case such fine be not paid, such person may be im¬ prisoned at the rate of one day for every two dollars of the fine so imposed. Section 11. All License Officers in the discharge of their official duties, and all regular Police Officers, shall have and exercise the fol¬ lowing powers: First—To make arrests for the violation of any of the provisions of this ordinance. Second—To enter free of charge at any time any place of business for which a license is required and provided, and to demand the ex¬ hibition of such license for the current quarter from any person, firm or corporation engaged or employed in the transaction of such busi¬ ness; and if such person, firm or corporation shall then and there fail to exhibit such license, such person, firm or corporation shall be liable to the penalty provided for in section 10 of this ordinance; and it is hereby made the duty of all Police and License Officers to cause com¬ plaints to be filed against all persons, firms or corporations violating any of the provisions of this ordinance. Section 12. It shall be the duty of the Chief of Police to make returns and file the same with the City Clerk on the first Monday in each month, under oath, of all places in the city where vinous, spirit¬ uous, malt or fermented likuors or wines, or any admixture thereof, are kept for sale, or are sold, stating which of said places are licensed and which are unlicensed under this ordinance; and any failure to comply with this provision shall subject the Chief of Police to sus- pension or removal from office, and the Council may direct the Board of Police and File .Commissioners to make such suspension or re¬ moval. Section 13. It shall be the duty of the Board of Police and Fire Commissioners to cause all places in the city where said liquors are sold to be visited at least once each month by the police, to ascertain if any of the provisions of this or any other city ordinance relating to the sale of liquors has been violated, and whenever an officer shall learn of any violation it shall be his duty to make written returns of the same to the Board of Police and Fire Commissioners, with the names of the witnesses, and to do whatever shall be in his power to bring the offender or offenders to justice, and upon any neglect or refusal of such Police Officer to perform the aforesaid duty the Board of Police and Fire Commissioners shall immediately remove from the police force said officer, and said removal shall forever disqualify said officer from holding any position under the government of the City of Oakland. 122 GENERAL MUNICIPAL ORDINANCES Section 14. The license tax under this ordinance shall be as fol¬ lows: For every person, firm or corporation engaged in the business of selling or giving away, or in any manner furnishing, in any saloon, bar, stand or other place of business, or in any public place in the City of Oakland; and for every person, firm or corporation who sells, or offers to sell, or keeps for the purpose of sale, in the City of Oak¬ land, any spirituous, malt or fermented liquors or wines, or any ad¬ mixture therof, One Hundred ($100) dollars per quarter (three months) or portion thereof, in advance. Provided, that druggists and apothecaries on the payment of Fif¬ teen ($15.00) dollars per quarter (three months,) or portion thereof, in advance, shall have the right to furnish liquors upon the written prescription of a regularly licensed and registered physician, such liquor in no case to be used or drank upon the premises, and to supply alcohol or preparations containing the same for scientific, mechanical, medical or medicinal purposes. Provided, further, that no spirituous, vinous or malt liquors shall be sold or furnished more than once on any one prescription of a physician, and that no physician shall pre¬ scribe any intoxicating liquors as a beverage to a person of known intemperate habits. Section 15. An ordinance, No. 1093, entitled “An Ordinance Establishing and Regulating the Traffic, Vending and Disposing of Spir¬ ituous, Malt and Fermented Liquors or Wines, or Any Admixture Thereof, in the City of Oakland,’’ approved Sept. 4, 1889, Ordinance No. 1545 amending Section 6 of Ordinance No. 1093. Ordinance No. 2064 amending Sections 6 and 9 of Ordinance No. 1093, and all ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 16. This ordinance shall take effect and be in force from and after its passage. (Approved, June 18, 1903. Vol. 6, p. 82.) ORDINANCE No. 1369. AN ORDINANCE CONCERNING THE NUMBERING AND LIGHT¬ ING OF VEHICLES AND BOATS. Be it ordained by the Council of the City of Oakland, as follows: Section 1. Every vehicle or boat, which by the provisions of any ordinance of the City of Oakland is required to be licensed, shall have a number. Such number shall be designated by the Tax Collector and fur¬ nished to him by the Auditor, and shall be permanent without regard to the ownership of the vehicle or boat. OF THE CITY OF OAKLAND, CAL. 123 No two vehicles of the same class shall have the same number. The Tax Collector, upon' designating- the number of a vehicle or boat shall furnish the owner thereof with two metal plates with such numbers printed or embossed thereon in plain Arabic figures, not less than one inch and a half in height and of proportionate width. Any number of a vehicle or boat for which a license remains unpaid on the books of the office of the Tax Collector for the space of twelve months may be deemed void by the Tax Collector and a new number designated, for which one dollar shall be paid in addition to the license. Section 2. It shall be unlawful for any driver of a hackney carriage to use, or attempt to use or drive said hackney carriage on any public street of the City of Oakland at night without first pro¬ viding said carriage with lamps, and said lamps must be kept lighted at all times when said carriage is in use. Section 3. The number designated for any vehicle or boat shall be placed thereon in two places, either by tacking thereupon the metal plates furnished by the Tax Collector, or by painting such number upon the vehicle or boat in plain Arabic figures, not less than one inch and a half in height and of proportionate width, and of such a color as to be readily seen and distinguished. The numbers of vehicles shall be placed as follows: On each end of the driver’s seat of each omnibus, of each truck, of each wagon with a body. On both sides of each dray, on the side rail forward of the wheel, or on the shaft, between one and four inches forward of the platform. On both sides of each wagon without a body, on each end of the rear side of the bolster of the hind axle, as near the wheels as practi¬ cable. On both sides of each cart, near the forward end and not on the side board. Every vehicle which, by this ordinance, is required to carry lamps, shall have its number in plain figures, at least two inches in length, painted with black paint upon each of said lamps, in such a manner that the same can be distinctly seen and known when such vehicle may be standing or in motion. The number of each boat shall be placed on both sides thereof, within two feet of the bow, on the outside immediately below the gun- wale. Provided, when numbers are painted on vehicles and boats as provided in this section, that both the metalic numbers furnished by the Tax collector must be fastened and secured to some part of the vehicle or boat, and must be shown to any person or persons on demand. (See Ordinance No. 935, Cec. 8, post.) Section 4. No person shall use or drive, or permit to be used cr driven, any vehicle or boat belonging to him or under his control, which, by any of the provisions of this ordinance, is required to be numbered, without having the appropriate number thereof, and no other, placed thereupon in the manner and place provided in Section 3 1 - 124 GENERAL MUNICIPAL ORDINANCES of this ordinance, nor with such number inverted, covered, mutilaled, obliterated or obscurely painted or illegible. Section 5. Any person driving' or having control of any vehicle on which the number is required to be placed, shall give the number of his vehicle or boat on demand of any person. Section 6. Every driver of a hackney carriage shall at all times keep conspicuously posted within the carriage of which he may have charge, in such position as to be easily read, the number of such carriage. Section 7. At the time of designating and furnishing the number of a vehicle or boat, the Tax Collector shall collect from the owner thereof, in addition to the license required, the sum of one ($1.00) dollar for each number. No person shall use any other number on any vehicle boat than the one assigned to him from the office of the Tax Collector. ' Transfer of any number shall not be made without the consent of the Tax Collector, who shall make a record of said transfer on the books in his office. Section 8. Every person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars, and in case the fine be not paid, then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for each two dollars of the fine imposed. Section 9. All ordinances and parts of ordinances, in conflict with this ordinance are hereby repealed. Section 10. This ordinance shall take effect and be in full force on and after its approval. (Approved November 17, 1891. Vol. 3, p. 741.) ORDINANCE No. 1480. AN ORDINANCE ESTABLISHING AND REGULATING A MUNI¬ CIPAL LICENSE FOR THE BUSINESS OF CONDUCTING WHARVES AND COLLECTING WHARFAGE AND DOCKAGE AT ANY WHARF IN THE CITY OF OAKLAND. Be it ordained by the Council of the City of Oakland, as follows: Section 1. Every person, firm or corporation engaged in the City of Oakland in the business of conducting a wharf or of collecting- wharfage or dockage at any wharf in said city, shall pay a license ther.efor at the office of the License Collector at the City Hall in said .OF THE CITY OF OAKLAND,- CAL. •125 city, quarterly in advance, on the 1st day of January, April, July and October of each year, the sum of twenty-five ($25) dollars in lawful money of the United States. Section 2. Any person who shall violate any provision of this ordinance shall.be deemed guilty of a misdemeanor, and, upon convic¬ tion thereof, shall pay a fine in a sum not to exceed one hundred dollars, and in case said fine be not paid, then the person or persons so fined may be imprisoned in the City Prison of the City of Oakland, at the rate of one day for each two dollars of the fine imposed. Section 3. This ordinance shall take effect and be in full force on and after its approval. (Approved December 16, 1892. Vol. 4, p. 337.) ORDINANCE No. 2105. AN ORDINANCE ESTABLISHING AND REGULATING MUNI¬ CIPAL LICENSES FOR THE ERECTION, EXHIBITING, USE OR MAINTENANCE OF BUSINESS SIGNS WITHIN THE COR¬ PORATE LIMITS OF THE CITY OF OAKLAND. Be it ordained by the Council of the City of Oakland, as follows: Section 1. Every person, firm or corporation engaged in the pur¬ suit of or conducting any business, trade, profession or employment of whatever kind or nature, who shall erect, letter, paint, post, maintain, exhibit or other wise use any sign or signs, posted, painted, printed, or attached to or upon any building or buildings, or upon any door or window of any building or buildings within the corporate limits of said City of Oakland, shall pay therefor, in advance, a license fee of three (3) dollars per annum to said City of Oakland. Section 2. Any person, firm or corporation who shall place or maintain upon any sidewalk in said City of Oakland, any sign, bulletin board, or any structure whatever for advertising purposes, shall pay therefor, in advance, a license fee of five (5) dollars perannum to said City of Oakland. Provided, that in case any sign, structure or bulletin board so placed shall belong to and be used by any person, firm or corporation occupying the building, or any part thereof, in front of which said sign or advertising structure may be placed, and using any sign or advertising structure in or upon said building or buildings, upon ■which a license fee has been paid, as provided in Section 1 of this ordinance, then there shall be paid only the sum of two (2) dollars for said sidewalk sign license fee. Section 3. All street signs or bulletin boards shall be placed on the roadway side of the sidewalk not more than twelve (12) inches from 126 - GENERAL MUNICIPAL ORDINANCES the curb, or outer edge of the sidewalk; and said signs or bulletin boards shall not occupy a space on the sidewalk of more than two (2) feet square for each sign. Section 4. No license fee granted under the provisions of this ordinance shall be issued for a less period than one year. Section 5. This ordinance shall in no wise be construed to con¬ flict with or effect any ordinance now in force licensing or regulating bill posting or bill posters. Section 6. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not less than ten nor more than twenty dollars, and in case said fine be not paid, said person or persons so fined shall be imprisoned in the City Prison of the said City of Oakland, at the rate of one day for every two dollars of the fine so imposed. Section 7. This ordinance shall be in full force and effect from and after the date of its approval. (Approved Sept. 23, 1901. A r ol. 5, p. 583.) OF THE CITY OF OAKLAND, CAL. 127 CHAPTER III. ORDINANCES RELATING TO PUBLIC STREETS. ORDINANCE No. 837. AN ORDINANCE ADOPTING A GENERAL PLAN OF STREETS! Be it ordained by the Council of the City of Oakland, as follows: Section 1. That the plan of streets herewith presented, prepared by W. F. Boardman, City Engineer, be and is hereby adopted as the general plan of streets for the City of Oakland. Section 2. The City Engineer is hereby directed to prepare a map of the same upon a scale of two hundred feet to one inch, upon which said map shall be plainly indicated the name and width of each street, the number and size of each block, the position of all homesteads and location of all plazas and public grounds, together with the location of all grounds that have been dedicated for street or other public uses and position of all public buildings, and report the same at the earliest moment to the Council for ratification and adoption as the official map of the City of Oakland. (Approved November 20, 1868. Vol. 1, p. 342.) (For prior ordinances see Vol. 1, pp. 134 and 168.) ORDINANCE No. 1890. AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE NO. 1786, ENTITLED “AN ORDINANCE CHANGING THE NAME OF CERTAIN STREETS AND PORTIONS OF STREETS IN THE CITY OF OAKLAND,” APPROVED FEBRUARY 9th, 1897. Be it ordained by the Council of the City of Oakland, as follows: Section 1. That Section 1 of Ordinance No. 1786, entitled “An Ordinance Changing the Names of Certain Streets and Portions of 128 GENERAL MUNICIPAL ORDINANCES Streets in the City of Oakland,” approved February 9, 1897, be amended to read as follows: Section 1. The names of the following several streets and portions of streets within the City of Oakland are re¬ spectively changed as follows: Summit street between Hawley street and Walsworth avenue, changed to Yosemite street. Pearl street between Bay place and Ruby street, changed to Val¬ dez street. Webster street. from Broadway to northerly city line, changed to Piedmont avenue. Lake avenue between Perry street and Cottage street, changed to Pleasant Valley avenue. Commerce street throughout, changed to Fourteenth avenue. Laurel street between Telegraph avenue and Broadway, changed to Twenty-fifth street. Jones street between San Pablo and Telegraph avenues, and Wal¬ nut street between Telegraph avenue and Lake Merritt, changed to Twenty-first street. Knox place between Grove street and Telegraph avenue, changed to Tw T enty-seventh street. Albion street and Merrimac place between Webster and Grove streets, changed to Twenty-eighth street. Caledonia and Prospect avenues between Grove street and Wals¬ worth avenue, changed to Twenty-ninth street. Bernie street between Telegraph avenue and Franklin street changed to Seventeenth street. Oak street between Peralta and Excelsior avenues, changed to East Oak street. Pine street between Peralta and Excelsior avenue changed to Capell street. Mound street between Thirteenth avenue and Clinton street, changed to Hopkins street. Excelsior street between Fourth and Clinton avenues, changed to Clinton street. Silver avenue between Fourth and Ninth avenues, changed to East Twenty-eighth street. Lincoln street between Thirteenth avenue and east City line, changed to East Lincoln street. Lake street between Brooklyn and Prospect avenues, changed to East Lake street. Central avenue between East Twenty-fourth street and Silver avenue, changed to Eighth avenue. Columbia street between Fourth and Ninth avenues, changed to East Twenty-fifth street. Valdez street between Livingston and Ford streets, changed to East Valdez street. William street between Peralta and Bay streets, changed to Fifth street. OF THE CITY OF OAKLAND. CAL. 129 Elm street between San Pablo and Oakland avenues, changed to Twenty-fourth street. Plymouth avenue east of Telegraph avenue, changed to Thirty- fourth street. Bay place between Telegraph avenue and Broadway, changed to Twenty-sixth street. Wallace street between San Pablo avenue and Grove street, changed to Twenty-eighth street. Campbell street between San Pablo avenue and Grove street, changed to Thirtieth street. Nolan street between San Pablo and Telegraph avenues, changed to Thirty-third street. Charter street throughout, changed to Twenty-second street. Alden street between San Pablo avenue and Grove street, changed to Twenty-ninth street. Delger street between San Pablo avenue and Lake Merritt, changed to Twentieth street. Brown street between San Pablo and Telegraph avenues, changed to Thirty-fourth street. Durant street east of Telegraph avenue, changed to Nineteenth street. Walton street between San Pablo and Telegraph avenues, changed to Thirty-fifth street. Park street between San Pablo avenue and Grove street, changed to Twenty-seventh street. Locust street or Simpson avenue between San Pablo avenue and Telegraph avenue, to be known'as Twenty-third street. Logan street between Market street and Telegraph avenue, changed to Thirty-sixth street. Summit street west of Union street, East Oakland, changed to East Summit street. Frederick street from San Pablo to Telegraph avenues, changed to Nineteenth street. Lee street between the junction of Vernon street and Bay place, changed to Vernon street. Oakland avenue between Orange street and Adam's street, changed to Perkins street. Curve street between Grove street and San Pablo avenue, changed to Nineteenth street. That the extension of Fairmount avenue between Moss avenue and the northerly city line be chanbed to Fairmount avenue. That Fairmount avenue between Prospect avenue and Summit Street produced westerly to an intersection therewith, be changed to Hawley street. Santa Clara avenue between Vernon street and the northern city line, changed to Moss avenue. Moss avenue between Fairmount avenue and Lake avenue, changed to Santa Clara avenue. 1 130 GENERAL MUNICIPAL ORDINANCES Morrison place between Oakland avenue and Orange street, changed to Pearl street. Grand avenue between Webster street and Lake Merritt, changed to Boulevard Terrace. Section 2. This ordinance shall take effect from its approval. (Approved March 23, 1898. Vol. 5, p. 254.) ORDINANCE No. 1997. AN ORDINANCE CHANGING THE NAMES OF CERTAIN STREETS IN THAT PORTION OF THE CITY OF OAKLAND ANNEXED THERETO PURSUANT TO AN ELECTION HELD JUNE 10, 1897; ALSO CERTAIN STREETS IN EAST OAKLAND. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The names of certain streets and portions of streets, hereinafter mentioned, situated within that portion of the City of Oak¬ land annexed thereto pursuant to an election held June 10, 1897; also certain streets in East Oakland; are hereby changed as follows: Grant street, between Telegraph avenue and Gold street, changed to Thirty-seventh street. Moss avenue between Telegraph avenue and Cemetery creek, changed to West Moss avenue, and east of Cemetery Creek changed to East Moss avenue. Weston avenue, between Telegraph avenue and Broadway, changed to Thirty-eighth street. Amethyst street between Broadway and Piedmont avenue, changed to Fortieth street. Booth street between Broadway and Piedmont avenue, changed to Forty-first street. Erie street from Telegraph avenue easterly throughout, changed to Forty-second street. Minna street from Telegraph avenue easterly throughout, changed to Forty-third street. Cleveland street from Telegraph avenue easterly throughout, changed to Forty-fourth street. Linden street between Telegraph avenue and Broadway changed to Forty-fifth street. Temescal street, between Telegraph avenue and Liberty street, changed to Forty-eighth street. Columbus avenue or Birch street between Telegraph avenue and Broadway, changed to Forty-ninth street. OF THE CITY OF OAKLAND. CAI 131 Vernon sti’eet between Broadway and Second street,' changed to Fifty-first street. Ventura street between West street and Telegraph avenue, changed to Fifty-first street. Vernon avenue, between Telegraph avenue and Maple street, changed to Fifty-first street. Alpine street between Linden street and Grove street, changed to Fifty-second street. Morgan street between Telegraph avenue and Grove street, changed to Fifty-second street. Plumas street between Adeline street and Shattuck avenue, changed to Fifty-third street. Mattie avenue between Adeline street and San Pablo avenue, changed to Fifty-third street. Sonoma street between Adeline street and Shattuck avenue, changed to Fifty-fourth street. Central avenue between Adeline street and San Pablo avenue, changed to Fifty-fourth street. Shasta street between Adeline street and Shattuck avenue, changed to Fifty-fifth street. Hancock street, between Vincent street and Shattuck avenue, changed to Fifty-fifth street. Parsons street, between Adeline street and San Pablo avenue, changed to Fifty-fifth street. Villa street between City Limits and San Pablo avenue, changed to Fifty-fifth street. Sutter street between San Pablo avenue and Shattuck avenue, changed to Fifty-sixth street. Garfield street between Telegraph avenue and Shattuck avenue, changed to Fifty-sixth street. Sutter street between Telegraph avenue and Claremont avenue, changed to Fifty-sixth street. Menlo street between San Pablo avenue and Dover street, changed to Fifty-seventh street. Mono avenue between Telegraph avenue and Dover street, changed to Fifty-seventh street. Merced avenue between Telegraph avenue and Dover street, changed to Fifty-eighth street. Stanley street between Adeline street and Dover street, changed to Fifty-eighth street. Neil street, between San Pablo avenue and Park street, changed to Fifty-eighth street. Buena Vista avenue from Park street easterly throughout, changed to Fifty-eighth street. Maple street between Telegraph avenue and Hermann street, changed to Fifty-eighth street. Cherry street between Telegraph avenue and Spring street, changed to Fifty-ninth street. 132 GENERAL MUNICIPAL ORDINANCES Mariposa avenue between Racine street and Dover street, changed to Fifty-ninth street. Mariposa street between Stanford avenue and Dover street changed to Fifty-ninth street. Klinkner avenue between San Pablo avenue and Stanford avenue, changed to Fifty-ninth street. Folsom street between San Pablo avenue and City Limits, changed to Fifty-ninth street. Hersey street, between Moulton street and Spring street, changed to Sixtieth street. Thorn street, between Racine street and Spring street, changed to Sixtieth street. Benton street, between Shattuck avenue and Stanford avenue, changed to Sixtieth street. Butler avenue between San Pablo avenue and Stanford avenue, changed to Sixtieth street. Thompson street between Moulton street and Colby street, changed to Sixty-first street. Lily street between Racine street and Colby street, changed to .Sixty-first street. McKee street from Dover street produced westerly throughout, changed to Sixty-first street. Golden Gate avenue from San Pablo avenue easterly throughout, changed to Sixty-first street. Doyle avenue, between San Pablo avenue and the City Limits, changed to Sixty-first street. Morris street between Colby street and College avenue, changed to Sixty-second street. Colusa street between Colby street and Racine street, changed to Sixty-second street. Todd street from Baker street easterly to City Limits, changed to Sixty-second street. Crawford street between Baker street and San Pablo avenue, changed to Sixty-second street. Snyder avenue from San Pablo avenue westerly to City Limits, changed to Sixty-second street. Bonton avenue from San Pablo avenue westerly to City Limits, changed to Sixty-third street. Felton street from San Pablo avenue easterly to City Limits, changed to Sixty-third street. Felton street between Shattuck avenue and Racine street, changed to Sixty-third street. Joy street, between Colby street and Racine street, changed to Sixty-third street. Sharon street, from Colby street easterly to City Limits, changed to Sixty-third street. Landregan avenue from San Pablo avenue westerly to City Limits, changed to Sixty-fourth street. Dalton avenue throughout changed to Sixty-fifth street. OF THE CITY OF OAKLAND, CAL. 133 Handy street from Adeline street easterly to City Limits, changed to Sixty-fifth street. Harmon street ‘from Dana street easterly to City Limits, changed to Sixty-fifth street. ' Fair view street throughout changed to Sixty-sixth street. Hallett avenue from San Pablo avenue westerly to City Limits, changed to Sixty-sixth street. Blackstone street from San Pablo avenue easterly to City Limits, changed to Sixty-sixth street. Union avenue from San Pablo avenue westerly to City Limits, changed to Sixty-seventh street. Elizabeth street from San Pablo avenue easterly to City Limits, changed to Sixty-seventh street. Tenth street between Villa street and Dalton avenue, changed to Vallejo street. Eleventh street between Villa street and Snyder avenue, changed to Fremont street. Twelfth street from Villa street northerly throughout, changed to Marshall street. Old County Roarcl or Sherman street from Twenty-third avenue easterly, changed to Talcott avenue. Summit street, between John street and Mather street, changed to View street. Diamond street from Columbus avenue, or Birch street northerly I throughout, changed to Desmond street. First avenue, between Summer street and College avenue, changed to Miles avenue. .. Vernon avenue between Maple street and Summer street*, changed to Miles avenue. Second avenue between Vernon street and College avenue, changed to Shatter avenue. Third avenue between Vernon street and College avenue, changed to Lawton avenue. Fourth avenue, between Vernon street and College avenue, changed to Manila avenue. Liberty street between Linden street and Vernon street, changed to Lawton avenue. Beckwith street between Linden street and Vernon street, changed to Manila avenue. Second street between Temescal street and Vernon street, changed to Shatter avenue. Spring street between Perry street and Van Buren avenue, changed to Van Buren avenue. Winter street between Perry street and Santa Clara avenue, changed to Van Buren avenue. Vernon avenue from Claremont avenue easterly throughout, •changed to Fifty-ninth street. Oak avenue between Piedmont avenue and Glen avenue, changed to Eleth avenue. 134 GENERAL MUNICIPAL ORDINANCES Clinton avenue from Fourth avenue northeasterly throughout, changed to Alma avenue. Lincoln avenue between Fourth avenue and Howard street, changed to McKinley avenue. Union street between Commerce street and Hopkins street, changed to Spring street. Lewis street between Hopkins street and White street, changed to Lowell street. Prospect street between Thirteenth avenue and Fourth avenue, changed to Cambridge street. Section 2. All ordinances and parts of ordinances conflicting here¬ with are hereby repealed. . Section 3. This ordinance shall take effect immediately. (Approved August 1, 1899. Vol. 5, p. 401.) ORDINANCE No. 1508. AN ORDINANCE ACCEPTING THE DEDICATIONS, AND OFFERS DEDICATION, HERETOFORE MADE OF LAND FOR PUB¬ LIC STREET PURPOSES, NOW WITHIN THE CITY OF OAKLAND; DECLARING THE NECESSITY OF THE SAME FOR THE PUBLIC TRAVEL AND USE, AND DIRECTING THE REMOVAL OF ALL OBSTRUCTIONS THEREFROM. Be it ordained by the Council of the City of Oakland, as follows: Section 1. All dedications, and all offers of dedication, hereto¬ fore made of land for public street purposes, now within the City of Oakland, are hereby accepted, and the lands to which reference is made in such dedications, and in such offers of dedication, are hereby declared to be public streets, and necessary for the public travel and use. The Board of Public Works is hereby authorized and directed to cause the removal of all obstructions from the lands to which the foregoing acceptance refers. Section 2. This ordinance shall take effect from and after its pas¬ sage and approval. (Approved June 2, 1898. Vol. 5, p. 278.) [Note—An ordinance such as the foregoing should be frequently adopted by the City. See 83 Cal. 623, and 120 Cal. 54.] OF THE CITY OF OAKLAND, CAL. 13S ORDINANCE No. 1975. AN ORDINANCE RESCINDING A PORTION OF AN ORDINANCE ENTITLED “AN ORDINANCE DECLARING THE STREETS IN THE TOWN OF OAKLAND, PUBLIC HIGHWAYS,” PASSED AUGUST 27, 1853, AND ABANDONING A PORTION OF CERTAIN STREETS AS DESCRIBED AND DESIGNATED ON A CERTAIN MAP KNOWN AND DESIGNATED AS “KELLERS- BERGER'S MAP OF OAKLAND.” Be it ordained by the Council of the City of Oakland, as follows: Section 1. That so much of the Ordinance of the Town of Oak¬ land entitled “An Ordinance Declaring the Streets in the Town of Oak¬ land Public Highways,” passed and adopted August 27, 1853, as pur¬ ports or attempts to declare and define streets laid out and delineated and designated upon “Kellersberger’s Map of Oakland,” and lying within the following territory, and lots and blocks as laid down and delineated by “Boardman’s Map of Oakland and Vicinity,” to-wit: Beginning at the point of intersection of the western line of Filbert street and the southern line of First street, running thence northerly along said line of Filbert street to the southerly line of Seventh street; thence easterly along said line of Seventh street to the westerly line of Market street; thence southerly along said line of Market street to the southerly line of First street; thence westerly along said line of first street to the place of beginning, be and the same is hereby re¬ scinded, and all streets shown upon said Kellersberger’s map within- the above described territory are hereby relinquished and abandoned forever as streets and public highways. Section 2. This ordinance shall take effect from its approval. (Approved March 23, 1899. Vol. 5, p. 364.) ORDINANCE No. 1961. AN ORDINANCE RESCINDING A PORTION OF AN ORDINANCE ENTITLED “AN ORDINANCE DECLARING THE STREETS IN THE TOWN OF OAKLAND PUBLIC HIGHWAYS,” PASSED ANGUST 27, 1853, AND ABANDONING A PORTION OF FIRST STREET AS DESCRIBED AND DESIGNATED ON A CERTAIN MAP KNOWN AND DESIGNATED AS “KELLERSBERGER’S MAP OF THE CITY OF OAKLAND.” i 3 6 GENERAL MUNICIPAL ORDINANCES Be it ordained by the Council of the City of Oakland, as follows: Section 1. That so much of the Ordinance of the Town of Oak¬ land, entitled “An Ordinance Declaring the Streets in the Town of Oakland Public Highways,” passed and adopted August 27, 1853, as purports and attempts to declare the portion of First street lying south of Block 103, as lai^. down and described on “Kellersberger’s Map of Oakland,” and within what is now known and designated as Block 441, as laid down and designated in “Boardman’s Map of Oakland and Vicinity,” be and the same is hereby rescinded, and so much of said First street as the same is shown and delineated on said “Kellers¬ berger’s Map of the City of Oakland,” as lying within what is now known and designated as Block 441, as shown and designated on said “Boardman’s Map of the City of Oakland and Vicinity,” be and the same hereby is declared never to have been opened or used as a public- street and the same is now forever abandoned and relinquished as a. public street and highway. Section 2. This ordinance shall take effect from its approval. (Approved January 31, 1899. Vol. 5, p. 345.) ORDINANCE No. 367. AN ORDINANCE ESTABLISHING STREET LINES WITHIN THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section 1. The lines of streets within the City of Oakland, and situated easterly of Market street and southerly of and including Fourteenth street, are hereby established in accordance with the fol- 1 owing table. The first column gives the names of the streets; the second and third the distance in feet and inches to be measured east or west, north or south, as the case may be, from the line of monu¬ ments to the line of the street; and the fourth column gives -width in feet and inches of the street as hereby established. OF THE CITY OF OAKLAND, CAL. 137 Names of Streets Meas¬ ured West. Ft.In. Meas¬ ured East. Ft.In. Wi’dth. 1 Names of Streets. Meas¬ ured South. Ft.In. Meas¬ ured North. Ft.In. Wi’dth West . 40 37 77 South Front.. .. 150 Brush. 43 37 6 80 6 Water. 80 Castro. 42 6 38 80 6 First . 40 39 79 Grove. 42 38 6 80 6 Second . 41 39 6 80 6 Jefferson. 41 6 39 80 6 Third. 40 6 40 80 6 Clay. 41 39 6 80 6 Fourth. • 1 40 40 80 Washington .. 40 6 40 80 6 Fifth. 40 40 80 Broadway. 55 55 110 Sixth. 40 40 80 Franklin . 40 40 6 80 6 Seventh . 40 40 9 80 9 Webster. 39 6 40 1 80 6 Eighth . 39 3 41 80 3 Harrison. 39 41 8 80 8 Ninth . 39 | 38 77 Alice. 38 4 42 8 81 Tenth. 42 38 9 80 9 -Jackson. 37 4 43 6 80 10 • Eleventh. 41 3 39 80 3 Julia. 36 6 43 8 80 2 Twelfth. 41 39 80 Oak. 36 4 43 10 80 2 Thirteenth . . .. 41 39 80 Fallon. 36 2 43 10 80 Fourteenth ... l"' 39 80 Sec. 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Sec. 3. This ordinance shall take effect and be in full force on and after its approval. (Approved February 7, 1870. Vol. 1, p. 394.) ORDINANCE No. 2028. AN ORDINANCE AUTHORIZING THE USE OF CERTAIN LAND FOR THE PURPOSE OF ERECTING AND MAINTAINING THERON A BUILDING OR BUILDINGS FOR THE OAKLAND FREE PUBLIC LIBRARY AND READING ROOMS; AND ALSO AU¬ THORIZING AND DIRECTING* THE BOARD OF LIBRARY TRUSTEES OF SAID LIBRARY TO ERECT, EQUIP AND MAIN¬ TAIN THEREON SUCH BUILDINGS AS MAY BE NECESSARY FOR SUCH LIBRARY AND READING ROOMS, THE COST THEREOF TO BE PAYABLE FROM THE “LIBRARY FUND.” 133 GENERAL MUNICIPAL ORDINANCES Be it ordained by the Council of the City of Oakland, as follows: Section 1. The use of the whole of that certain land belonging - to* the City, situate at the southwesterly corner of Grove and Fourteenth streets, is hereby authorized for the purpose of erecting and main¬ taining thereon a building or buildings for a free public library, and for reading rooms. Sec. 2. The Board of Library Trustees of the Oakland Free Pub¬ lic Library is hereby authorized and directed to erect, equip and maintain upon said land such building or buildings as may be neces¬ sary for such library and reading rooms, and the consent and approval made necessary by the law in that connection is hereby given. Sec. 3. All moneys expended by virtue of the authority granted by this ordinance’ shall be payable from the “Library Fund” of the proper fiscal year. Sec. 4. This ordinance shall take effect immediately. (Approved March 6, 1900. Vol. 5, p. 443.) % ORDINANCE No. 403. AN ORDINANCE PROHIBITING CERTAIN ENCROACHMENTS ON STREETS. The Council of the City of Oakland do ordain as follows: \ Section 1. No person shall maintain or construct or place, or cause to be constructed, or placed, on premises belonging to him, or in his possession, or under his control, any building or fence which shall extend over the line of the street; provided, that windows of the first story, porches, columns, posts and doorsteps may extend over the line of the street not more than one foot, and the bay windows of the second story may extend over the line of the street not more than three feet. [Note—See Section 20 of Ordinance No. 450.] Sec. 2. Every person violating any provision of this ordinance . is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. (Amendment approved October 1, 1891. Vol. 3, p. 722.) (Approved November 18, 1870. Vol. 1, p. 449.) (See also Ordinance No. 450, Sec. 20, post.) OF THE CITY OF OAKLAND, CAL. 139 ORDINANCE No. 450. AN ORDINANCE TO REGULATE STREETS, SIDEWALKS AND PUBLIC GROUNDS IN THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section 1. No person shall throw or deposit, or permit to be thrown or deposited, any dirt, paper, filth, sweepings of any store, house, shop, or office, or any ashes, shavings, filthy water, offal, straw, wood, stones, earth, manure, refuse matter, or rubbish of any kind whatever, into any street, lane, alley or public ground or places used as street, lane, alley or public ground. The person or persons hav¬ ing control of premises from which any of the aforesaid articles shall be or may have been thrown or deposited in any street, lane, alley or public ground, or places used as such aforesaid, shall remove the same therefrom within four hours after receiving knowledge thereof. • Sec. 2. (Repealed by Ordinance No. 1220. Approved October 30, 1890. Vol. 3, p. 532.) (Sections 3, 4 and 5, Repealed by Ordinance No. 1375. Approved November 23, 1891. Vol. 3, p. 762.) Sec. 6. No person shall suffer any carriage, wagon, or cart without horses or other beasts of burden attached to remain or stand in any street, lane, alley or public ground for more than one hour. Sec. 7. (Repealed by Ordinance No. 1375. Approved November 23, 1891. Vol. 3. p. 762.) Sec. 8. (Repealed by Ordinance No. 1051. Approved September 8 , 1888. Vol. 3, p. 301.) Sec. 9. No person shall drive any horse or carriage or vehicle of any kind through any civic, military or funeral procession. Sec.. 10. When any street or public place is crowded with teams, wagons, street cars or other vehicles through which any civic, military or funeral procession is passing every person having charge of any horse, team, wagon, street car or other vehicle shall obey all orders for the removal of the same which may be given by the Chief of Police or any policeman. (Amendment approved November 23, 1891. Vol. 3, p 762.) Sec. 11. (Repealed by Ordinance No. 1051. Approved September 8 . 1888. Vol. 3, p. 301.) Sec. 12. No person shall clean, scale or wash any fish, meat, clothes, carriage, buggy or other thing tending to create a nuisance on any of the streets, lanes, alleys or public grounds of said city. Sec. 13. Whenever any person or persons, whether contractor or proprietor, shall engage in the erection or repairing of any building, or other structure whatever, within said city, and shall cause or per- 140 GENERAL MUNICIPAL ORDINANCES mit any building material, rubbish, or other thing to be placed on any public street, lane, alley or sidewalk, or other place in said city, where persons pass or repass; and whenever any person or persons, who shall be engaged in constructing any sewer, or laying any gas, water or other pipe, or conducting in or through any of the streets, lanes, alleys, highways, sidewalks or other places in said city, where persons pass and repass, whether by appointment of the city or its agents, or as contractor, it shall be the duty of all such persons to protect with a sufficient number of lights the materials, rubbish, goods, wares and merchandise, heaps, piles, excavations or other thing so caused or per¬ mitted by them to be or remain in or at any of the places above men¬ tioned and in such manner as to enable the same to be distinctly seen by all passers by, and to continue such lights from dusk until daylight during every night which any obstruction of the above men¬ tioned description are allowed to remain in or at such places; and every person who shall neglect the duty imposed by this section shall, in addition to the penalty imposed by this ordinance, be liable for all damages to persons and property growing out of such neglect. Sec. 14. No person driving, or having charge of a cab, cart, coach, dray, wagon, street car, or other vehicle, or riding or leading a horse, or other animal, shall stop or stand on any crosswalk so as to obstruct the passage of the same. Sec. 15. No person shall fly a kite, or play any game of ball on any street, lane or alley of said city. Sec. 16. No person shall pile, deposit or place, or cause or permit to be deposited, piled or placed, any rubbish, wood coal, merchandise, dirt or any impediment or obstruction of any kind upon or over any sidewalk, nor so occupy or obstruct any sidewalk as to interfere with the convenient use of the same by all passengers. Sec. 17. (Repealed by Ordinance No. 1047. Approved July 10, 1888. Vol. 3, p. 292.) Sec. 18. (Repealed by Ordinance No. 1375. Approved November 23, 1891. Vol. 3, p. 762.) Sec. 19. No person shall push, draw, back or drive any horse, cart, wagon or other vehicle over, upon or along any sidewalk, unless it be to go into or out of a yard or lot. Sec. 20. No person shall build or suffer to remain any bow or other window projecting into the sidewalk more than fifteen inches; nor any porch, stoop, steps area or platform projecting into the side¬ walk more than four feet, or any cellar door projecting more than five feet into any sidewalk; and no person shall erect any balcony, bow or other window, nor any porch, stoop, steps, area, platform or cellar door projecting into the sidewalk, except by permission of the City Council; nor shall such permission be so construed as to give such person any ownership in the sidewalk so occupied. Sec. 21. Every person shall keep around every area between the building and sidewalk, and on both sides of every flight of stairs de- OP THE CITY OP OAKLAND, CAL. r4i scending from the sidewalk to the basemest owned or occupied by him a fence or railing at least three feet high. Sec. 22. Any person violating any of the provisions of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, and, in case the fine be not paid, the person so fined shall be impris¬ oned in the City Prison until said fine is satisfied at the rate of one day’s imprisonment for every two dollars of the fine imposed. (Amend¬ ment approved June 17, 1878. Vol. 2, p. 646.) Sec. 23. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Sec. 24. This ordinance shall take effect and be in full force on and after its approval. (Approved March 15, 1872. Vol. 2, p. 4.) ORDINANCE No. 655. AN ORDINANCE TO PREVENT THE OBSTRUCTION OP STREETS AND SIDEWALKS IN THE CITY OP OAKLAND. The Council of the City of Oakland do ordain as follows: Section 1. Whenever the free passage of any street or sidewalk shall be obstructed by a crowd (except on occasion of public meet¬ ings) the persons composing such crowd shall disperse or move on when directed to do so by a Police Officer. Any persons who refuse to disperse or move on when directed so to do by a Police Officer, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding one hundred dollars, and in case the fine be not paid, the person fined shall be imprisoned in the City Prison at the rate of one day for every two dollars of the fine imposed. Sec. 2. This ordinance shall take effect and be in full force on and after its passage. (Approved January 6, 1876. Vol. 2, p. 444.) ORDINANCE No. 715. AN ORDINANCE TO PREVENT THE OBSTRUCTION OF SIDE¬ WALKS IN THE CITY OP OAKLAND. The Council of the City of Oakland do ordain as follows: Section 1. It is hereby declared unlawful for any person to place 142 GENERAL MUNICIPAL ORDINANCES or set out for exhibition or maintain or allow any goods, wares or merchandise on the sidewalk in front of his place of business, between the outer edge of the sidewalk and a line eighteen (18) inches from and in front of the building in which said business is carried on. And no goods, wares or merchandise shall be placed or allowed to remain on the sidewalk between the gutter or outer edge of the sidewalk and a line eighteen inches from the front of the store or building in front of which said goods are placed; provided, however that any person, while receiving or delivering goods, wares or merchandise may permit the same to remain on the sidewalk for the period of one hour, be¬ tween the gutter and a line drawn parallel therewith, four feet from the gutter in front of his store or building; and further provided, that nothing in this ordinance contained shall apply to the temporary exhi¬ bition of merchandise, placed and removed each day, upon any street other than Broadway, in front of any licensed place of business where the sidewalk is kept continuously clean and free from all obstructions for a space in the center, at least eight feet wide, and running the entire length of such sidewalk. (Amendment passed over Mayor’s veto, Aug. 16, 1886. Vol. 3, p. 210.) Sec. 2. It is hereby declared unlawful for any person to place or set out for exhibition any goods, wares or merchandise on the sidewalk in front of a bay window which extends or projects eighteen inches from the front of the building over or upon the sidewalk; and no goods, wares or merchandise shall be placed or allowed to remain on the sidewalk in front of a bay window which extends over or into the sidewalk eighteen inches from the building in which said bay win- do is constructed. Sec. 3. Any person violating any of the provisions of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding the sum of one hundred ($100) dol¬ lars, and in case the fine be not paid, the person so fined shall be im¬ prisoned in the City Prison at the rate of one day for every two dollars of the fine imposed. Sec. 4. All ordinances or parts of ordinances so far as they con¬ flict with this ordinance are hereby repealed. Sec. 5. This ordinance shall take effect and be in force from and after its approval. (Approved March 10, 1877. Vol 2, p. 529.) ORDINANCE No. 730. AN ORDINANCE TO PREVENT THE DRIVING OF CATTLE THROUGH THE STREETS, AND TO PREVENT GOATS FROM RUNNING AT LARGE IN ANY STREET OR UNINCLOSED LOT WITHIN THE LIMITS OF THE CITY OF OAKLAND. OP THE CITY OF OAKLAND, CAL. 143 The Council of the City of Oakland do ordain as follows: Section 1. It is hereby declared unlawful for any person to allow any goat to run at large in any street or upon any uninclosed lot within the limits of the City of Oakland; and any goat staked or tied by any person upon any uninclosed lot within said limits shall be tied •or staked and securely fastened with a chain. Sec. 2. It is hereby declared unlawful for any person, firm or •corporation to drive or cause to be driven any cattle through any street of the City of Oakland, at any time, without the written consent of the Mayor. The Mayor, upon application, shall grant in writing a permit, stating name of applicant, time of day and name of street or streets over which applicant may drive or cause to be driven any -cattle. (Amendment approved December 11, 1897. Vol. 5, p. 215.) Sec. 3. This ordinance is not intended to change the provisions •of an ordinance entitled “An ordinance to Create the Office of Pound- master, to Define His Duties, and to Prevent Certain Animals from Running at Large within the City of Oakland,” approved November 23, 1874. Sec. 4. Any person violating any of the provisions of this ordi¬ nance shall be deemed guilty of a misdemenaor, and upon conviction thereof, shall be fined not exceeding one hundred dollars, and in case the fine be not paid, the person so fined shall be imprisoned in the City Prison until the fine is satisfied at the rate of one day for every two dollars of the fine imposed. Sec. 5. This ordinance shall take effect immediately. (Approved June 11, 1877. Vol. 2, p. 551.) ORDINANCE No. 935. AN ORDINANCE REGULATING THEI USE AND STANDING OF VEHICLES ON THE PUBLIC STREETS IN THE CITY OF OAK¬ LAND. The Council of the City of Oakland do ordain as follows: Section 1. Every vehicle drawn by horse power and attended by the owner thereof, or by a driver furnished by such owner, which said vehicle shall be used in this city for the conveyance of persons by land, from place to place, shall be deemed a hackney carriage within the meaning of this ordinance. Sec. 2. Whenever several hackney carriages attend at any place for or with passengers, the Captain of Police, or any person or per- 144 GENERAL MUNICIPAL ORDINANCES sons by him authorized, may give directions respecting the standing of such carriages, while waiting for, taking up or putting down their passengers, and the route they shall go when leaving any place of entertainment, and if the owner, driver or other person having the care of such carriage shall refuse to obey any such order or direction of the Captain of Police, or any person or persons by him authorized, such re¬ fusal shall be deemed a violation of these provisions of this section. Sec. 3. Hackney carriages may stand while waiting for employ¬ ment, at all times, at the stands designated in Section 4 of this ordi¬ nance, and at such other place or places as the Mayor may from time to time designate; provided, however, that such carriages shall not stand at any place or places other than those specified in Section 4 hereof, if objected to by the owner or occupant of the building or property in front of which they may desire to stand. Sec. 4. The following shall be the stands for hackney carriages, to-wit: Around any of of the public squares. Around the City Hall block. At the railroad station at the corner of Market and First streets. Sec. 5. No person having charge of a hackney carriage shall allow the same to stand within ten (10) feet of any street crossing, nor at a greater distance than tw T o feet from the outer edge of any sidewalk. Sec. 6. It is hereby declared unlawful for any person having charge or control of a hackney carriage, to stand the same, while waiting for business, upon any portion of Seventh street, between the westerly line of Washington street and the westerly line of Broadway street in the City of Oakland, or to solicit business for such hackney carriage while the same is on said Seventh street between said points. Sec. 7. It is hereby declared unlawful for any hackney carriage or job wagon to be driven along Seventh street, between the westerly line of Washington street and the westerly line of Broadway in the City of Oakland, when the steam cars are approaching the railroad de¬ pot, between said Washington and Broadway streets, and are within one block of said depot, or while the train is stopping at said depot for passengers to get on or off the cars. Sec. 8. Every hackney carriage or 'other vehicle drawn by a horse or horses, and used or to be used for the transportation of pas¬ sengers, shall have on each side of the driver’s seat a lamp with a glass front and side, which lamp shall be properly lighted at all times when such vehicle is in use after dark. At all times when such vehicle is in use it shall have plainly painted on the outside glass of each of its lamps, in figures not less than 1 V 2 inches in height, its respective number, furnished by the Tax Collector. (Amendment approved No¬ vember 23, 1891. Vol. 3, p. 763.) (See also Ordinance No. 1369, Sec, 3, ante.) Sec. 9. Any driver of a hackney carriage who shall be thrice OF THE CITY OF OAKLAND, CAL. T 45 convicted of a breach of any of the provisions of this ordinance shall be deprived of his license and may be debarred from obtaining an¬ other. Sec. 10. Every vehicle which shall be used for the conveyance of goods, packages or freight from place to place in this city for hire, except hand-carts, and except also the vehicles used by merchants, dealers and manufacturers evclusively for the delivery of their wares to customers, shall be deemed a job wagon within the meaning of this ordinance. Sec. 11. No person having the charge or control of a job wagon shall be allowed under any circumstances to occupy as a stand for the same any portion of Seventh street between the westerly line of Washington street and the westerly line of Broadway street in the City of Oakland, and such person shall not be allowed to occupy as a stand for such job wagon any portion of any street in front of any building in the City of Oakland when the owner or occupant of such building shall object thereto. Sec. 12. It shall be unlawful for the owner or driver, or any person having control of any omnibus or railroad car, or of any hack,, cart or any vehicle whatsoever, or of any horse or animal what¬ soever, to allow, permit or suffer the said omnibus or said car, hack or vehicle, or said horse or animal, to be or remain in such a manner as to obstruct the crossing of any public street from one sidewalk to another in the City of Oakland for any period of time whatever. Sec. 13. Any person violating any of the provisions of this ordi¬ nance shall be deemed guilty or a misdemeanor, and upon conviction thereof shall be fined not exceeding one hundred dollars, and in case the fine be not paid, then the person or persons so fined may be im¬ prisoned at the rate of one day for every two dollars of the fine im¬ posed. Sec. 14. An ordinance entitled “An Ordinance Regulating the Use of Vehicles on the Public Streets,” which said ordinance was approved October 7, 1872, and an ordinance entitled “An Ordinance Supplemental to an Ordinance entitled ‘An Ordinance Regulating the Use of Vehicles on the Public Streets,’ approved October 7, 1872, ap¬ proved June 9, 1875,” and all ordinances and parts of ordinances in con¬ flict with this ordinance are hereby repealed. Sec. 15. This ordinance shall take effect immediately. (Approved September 22, 1883. Vol. 3, p. 122.) ORDINANCE No. 952. AN ORDINANCE PROHIBITING THE STANDING OF VEHICLES ON THE PUBLIC STREETS OR SIDEWALKS OF THE CITY OF OAKLAND. / 146 GENERAL MUNICIPAL ORDINANCES The Council of the City of Oakland do ordain as follows: Section 1. No person having the charge or control of a cart, wagon or any vehicle used for the vending of goods, wares, mer¬ chandise, meats, fruits or vegetables therefrom, commonly known as peddler’s carts or wagons, shall occupy or be allowed to occupy as a stand for such cart, wagon, or vehicle any portion of any street, lane, alley or sidewalk in the City of Oakland. Sec. 2. (Repealed by Ordinance No. 1339. Approved September 30, 1891. Vol. 3, p. 708.) Sec. 3. Any person violating any of the provisions of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding the sum of fifty dollars, and in case the fine be not paid, then the person or persons so fined may be im¬ prisoned at the rate of one day for every two dollars of the fine im¬ posed. Sec. 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed. This ordinance shall take effect imme¬ diately upon its approval by the Mayor. (Approved August 6, 1884. Vol. 3, p. 147.) ORDINANCE No. 968. AN ORDINANCE REGULATING AND ENFORCING THE REPAIR¬ ING OF STREETS, LANES, ALLEYS, COURTS, PLACES AND SIDEWALKS IN THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section 1. Whenever any portion of any street, lane, alley, court, or place in the City of Oakland, improved, or any sidewalk con¬ structed thereon, according to law, shall be out of repair and in con¬ dition to endanger persons or property passing thereon, or in con¬ dition to interfere with the public convenience in the use thereof, it shall be the duty of the Superintendent of Streets of said city to require, by notice in writing, to be delivered to them personally, or left on the premises, the owners or occupants of lots or portions of lots, fronting on said portion of said street, lane, alley, court or place, or of said portion of said walk so out of repair as aforesaid, to repair * forthwith said portion of said street, lane, alley, court, or place to the center thereof, or said sidewalk in front of the property of which he is the owner, or tenant, or occupant, specifying in said notice what repairs are required to be made. Sec. 2. It shall be unlawful for said owner, or tenant, or occu- OF THE CITY OF OAKLAND, CAL. 147 pant of said lots, or portion of said lots, to neglect or refuse, for the period of three days from the date of the service of the aforesaid notice, to make said repairs, and diligently and without interruption to prose¬ cute the same to completion. Sec. 3. Every person who shall violate any of the provisions of this ordinance shall be guilty of a misdemenaor, and upon convic¬ tion shall pay a fine not exceeding one hundred dollars; and in case the fine be not paid, such person or persons may be imprisoned at the rate of one day for every two dollars of the fine imposed. Sec. 4. This ordinance shall take effect and be in full force imme¬ diately after its approval. (Approved July 10, 1885. Vol. 3, p. 168.) * ) ORDINANCE No. 1024. AN ORDINANCE PROVIDING FOR THE REPAIRS OF SIDEWALKS BY THE SUPERINTENDENT OF STREETS. The Council of the City of Oakland do ordain as follows: Section 1. Upon refusal or neglect of any property owner to repair sidewalks in front of his or her property in the City of Oakland, after due notice given by the Superintendent of Streets, as provided in an Act of the Legislature of the State of California, entitled “An Act to Provide for the Improvement of Streets, Lanes, Alleys, Courts, Places and Sidewalks, and the Construction of Sewers Within Municipalities,” approved March 18, 1885, then the Superintendent of Streets is hereby authorized and empowered and directed, as a penalty for such neglect¬ ing and refusing to repair such sidewalk or sidewalks, to contract for the construction of artificial stone pavement sidewalks in front of the property of such persons so refusing as above set forth, of not less than six feet in width, and at the expense of such owner or owners of said property; and upon the completion of such work of repairs the Su¬ perintendent of Streets shall make and deliver to the contractor of the work a certificate, as provided in Section 17 of the Act of the Legisla¬ ture above referred to, and the cost of the prosecution of such property- owners for the collection of the cost of such work shall be paid out of the Street Fund of the City of Oakland. Section 2. This ordinance shall take effect and be in full force from and after its approval. (Approved November 10, 1887. Vol. 3, p. 262.) [Note—In the case of L. F. Shepard vs. Mary Kelley, No. 8860, the Superior Court of the County of Alameda decided, on demurrer 148 GENERAL MUNICIPAL ORDINANCES to the complaint, that under the provisions of this ordinance and the statute therein referred to, as amended (see Stats. 1889, p. 169), the Superintendent cannot cause a wooden sidewalk, although out of repair to be replaced by one of a different and more expensive material, such as artificial stone, at the expense of the owner.] ORDINANCE No. 1084. AN ORDINANCE TO REGULATE THE USE OF PUBLIC STREETS BY CERTAIN ANIMALS. Be it ordained by the Council of the City of Oakland as follows: Section 1. No person shall herd, drive, tie, stake out or otherwise allow, or cause any cow, bull, steer, or goat belonging to him or being under his care or control to be in, or upon, any of the public streets of the City of Oakland, except for the purpose of conducting such animals from place to place in good faith and with reasonable speed. Sec. 2. Any person violating this ordinance shal 1 be deemed guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine not exceeding $100; or in case such fine be not paid, then by imprisonment in the City Prison at the rate of one day for each dollar of said fine remaining unpaid. Sec. 3. All ordinances and resolutions, and parts of ordinances and resolutions, in conflict herewith are hereby repealed and rescinded.- Sec. 4. This ordinance shall have effect and be in force from and after its approval. (Approved July 9, 1889. Vol. 3, p. 352.) ORDINANCE No. 1114. AN ORDINANCE PROVIDING SPECIFICATIONS FOR THE CON¬ STRUCTIONS OF SIDEWALKS OF BITUMINOUS ROCK. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The regulation governing the width and grading of cement sidewalks shall prevail in the construction of sidewalks made with bituminous rock. Sec. 2. All sidewalks constructed of bituminous rock shall have- OF THE CITY OF OAKLAND, CAL. 149 a foundation of broken rock at least three inches in thickness, the same to be thoroughly rolled or tamped. Sec. 3. The top dressing of the sidewalk shall consist of a layer of bituminous rock equal to the best Santa Cruz or San Luis Obispo bituminous rock, and at least one inch in thickness. Sec. 4. Bidders muct accompany their bids with samples of all materials intended to be used in the work. Any material not accept¬ able will be cause for rejecting the bid. Sec. 5. All material furnished must be up to the standard of the sample, and all work must be done to the satisfaction of the Board of Public Works, City Engineer and Superintendent of Streets. Contractors will be required to give a satisfactory bond guaran¬ teeing the work for one (1) year after completion and acceptance. The amount of said bond to be fixed and the same approved by the City •Council. Sec. 6. Bids and measurements. All proposals shall specify the rate per square foot of walk laid, and the measurements shall be done upon the basis of square feet actually laid and completed. Sec. 7. This ordinance shall take effect and be in force on and after its approval. (Approved January 3, 1890. Vol. 3, p. 404.) ORDINANCE No. 1148. AN ORDINANCE -TO PREVENT THE BURNING OF RUBBISH IN THE PUBLIC STREETS WITHIN THE FIRE LIMITS. Be it ordained by the Council of the City of Oakland, as follows: Section 1. No person shall set fire or burn, or cause to be set fire to or burned, any rags, paper, wood, or any rubbish, on any public street or gorunds within the Fire Limits of the City of Oakland, or upon any street or sidewalk paved with or constructed of bituminous rock or any other combustible material, without first obtaining a writ¬ ten permit from the Board of Public Works. Sec. 2. An ordinance entitled “An Ordinance to prevent the Burning of Rubbish in the Streets or Public Grounds of the City of Oakland,” approved August 5, 1885, and all ordinances amendatory thereof, are hereby repealed. \ Sec. 3. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine not to exceed one hundred dollars; and in case said fine be not paid, by imprisonment at the rate of one day for every two dollars of the fine so imposed. GENERAL MUNICIPAL ORDINANCES 150 Sec. 4. This ordinance shall take effect immediately upon its approval. (Approved May 15, 1890. Vol. 3, p. 447.) ORDINANCE No. 1188. AN ORDINANCE FOR THE: PREVENTION OF INJURY TO SIDE¬ WALKS. Be it ordained by the Council of the City of Oakland, as follows: Section 1. No person shall cut, carve, hack, hew or otherwise in¬ jure or deface any bituminous or other sidewalk on any public street in the City of Oakland. Sec. 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine of not less than ten dollars nor more than one hundred dollars, and m case such fine be not paid then by imprisonment at the rate of one day for every dollar of the fine so imposed. Sec. 3. One half of each fine collected, under the provisions of the preceding section, shall be paid by the Clerk of the Police Court, upon the order of the Judge thereof, to the person procuring the arrest and conviction of the person so fined. Sec. 4. This ordinance shall take effect immediately upon its ap¬ proval. Approved August 22, 1890. Vol. 3, p. 495.) ORDINANCE No. 1220. AN ORDINANCE TO REGULATE THE DIGGING OR REMOVAL OF PORTIONS OF THE ROADWAY OR SIDEWALK OF PUB¬ LIC STREETS AND PLACES. Be it ordained by the Council of the City of Oakland, as follows: Section 1. No person shall dig or remove any portion of the road¬ way or sidewalk of any public street or place without first obtaining a permit therefor from the Board of Public Works; provided, how¬ ever, that the foregoing provisions of this ordinance shall not apply to the laying of water or gas mains, or to the doing of work on public OF THE CITY OF OAKLAND, CAL. *5* sewers or streets under contract as provided by law, or to the doing of any act authorized by general law or franchise of this Council. Sec. 2. Before the issuance of any permit to dig up the road¬ way of any public street for the purpose of laying any sewer, gas or other pipes, the person to whom it is to be issued shall deposit with said Board the sum of at least $20. Said deposit shall be’ returned upon the prompt replacement of such street to the satisfaction of the Board; otherwise to be forfeited to the City and used by said Board or as much thereof as may be necessary for the putting of such street in a proper condition; and such deposit shall be returned only after said Board has caused said work to be examined and has found the said street to be replaced as required by this ordinance. Sec. 3. Every person, corporation or association digging up or re¬ moving any portion of any roadway or sidewalk shall, with diligence, do such digging and removal, and the acts for which such digging or removal are necessary, and replace such roadway or sidewalk in good condition, shall wet and tamp the soil whenever necessary, shall leave no ridges or depressions, shall keep in good repair for a period of six months such portion of the public street so dug up or removed. Sec. 4. Every person digging up any sidewalk for the pur¬ pose of constructing a cellar under the same shall with diligence carry on such work, and by means of a temporary walk or otherwise, promptly put such sidewalk in safe condition for use by pedestrians, for at least the one-half its width adjacent to the roadway. Sec. 5. Every person doing any of the work hereinbefore men¬ tioned shall do the same in good, workmanlike manner, under the di¬ rection and to the satisfaction and approval of the Board of Public Works, and shall obey all such lawful orders of said Board as may be made for the carrying into effect of the foregoing provisions of this ordinance. Sec. 6. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Sec. 7. This ordinance shall take effect immediately upon its approval. (Approved October 30, 1890. Vol. 3, p. 532.) ORDINANCE No. 1702. AN ORDINANCE TO REGULATE THE DIGGING OR REMOVAL OF PORTIONS OF THE ROADWAY OR SIDEWALK OF PUB¬ LIC STREETS AND PLACES. 152 GENERAL. MUNICIPAL ORDINANCES Be it ordained by the Council of the City of Oakland, as follows: Section 1. No person, firm or corporation shall, in the City of Oakland, tear up or loosen or remove any part of the macadam or other surface dressing of any public street or public thoroughfare without first giVing written notice thereof, together with a plan, show¬ ing the exact location of the proposed work to the Board of Public Works of the said City, and at the same time depositing with said Board of Public Works $10.00 for each thirty square feet of surface or portion thereof to be torn up or loosened, which said sum shall be retained by said Board of Public Works for the space of one year after the completion of the work and the filing of the certificate of the Superintendent of Streets, as provided in Section IV of this ordi¬ nance, as security for any damage or expense that may be caused there¬ by, and that the street may be left in as good condition as it was be¬ fore being torn up, loosened or disturbed, and be left without depression or ridges, and at the expiration of one year after the completion of said work and the filing of said certificate, said sum shall be returned to the person, firm or corporation making such deposit, except as pro¬ vided in Section VI of this ordinance. Sec. 2. All such work shall be done to the satisfaction of the Superintendent of Streets of said City, and all materials taken up or removed shall be replaced, excepting where pipes of six inches or larger in diameter, are laid, due allowance shall be made for the neces¬ sary displacement of earth, and when pipes are laid the filling of trenches shall be thoroughly tamped and wet down, and the surface dressing shall be thoroughly rolled or tamped so as to conform with the original surface of the street. The person, firm or corporation so opening, loosening or removing the surface dressing, shall at any time within one year after replacing the same, on demand of the Superintendent of Streets or Board of Public Works, repeat the work of refilling the macadam or bitumen or surface dressing and do all filling that may be necessary to raise any sunken part of the street above said pipe to the proper grade or original surface of the said street. Sec. 3. Every person, firm or corporation digging up or re¬ removing any portion of any roadway or sidewalk or public thorough¬ fare, shall, with due dilligence do such digging or removal, and the acts for which such digging or removal are necessary, and shall im¬ mediately replace said materials removed as specified in Section 2 of this ordinance. Sec. 4. Upon the completion of any of the work above men¬ tioned, the Superintendent of Streets shall inspect the same upon due notification from the person, firm or corporation so doing said work. And if the street is found to be in good condition he shall so certify upon notice of said person, firm or corporation, to the Board of Public Works. Sec. 5. In lieu of said cash deposit, a bond in double the OF THE CITY OF OAKLAND, CAL. 153 amount required for said deposit, or a general bond in the sum of $5000, with two good and sufficient sureties, approved by the Chair¬ man of the Board of Public Works, shall be filed with the Board of Public Works, said bond to be conditioned that said roadway be left and maintained as herein provided, in as good condition as the same existed before being torn up or disturbed, and that all materials shall be replaced according to the provision of this ordinance, and that the person, firm or corporation doing the said work shall at any time within said one year after the notice to the Superintendent of Streets of the completion of said work, forthwith repeat said work of filling, grading or refilling the macadam, bitumen or portion thereof, upon notice as herein provided from the Superintendent of Streets or the Board of Public Works that the same is necessary. Sec. 6. Any such person, firm or corporation failing to well and truly do all acts required by Sections 1, 2 and 3, of this ordinance, shall be notified by the Superintendent of Streets or Board of Public Works to fully comply with the requirements of said section within five days after service upon such person, firm or corporation of a written notice to that effect, and which said notice may be given at any time within one year after the completion of said work, and upon such person, firm or corporation failing to do so within five days after the giving and making of such demand, the Superintendent of Streets under direction of the Board of Public Works, shall repair said street or public thoroughfare, and the Board of Public Works shall pay the cost therefor out of the money deposited as heretofore re¬ quired by Section 1 hereof, in case money has been deposited as herein provided, and the remainder of said money so deposited, if any, shall thereupon be paid to such person, firm or corporation, or in case no such deposit has been made, but in lieu of said deposit, a bond shall have been filed as provided in Section 5 hereof, an action at law shall be commenced and prosecuted upon said bond for the recovery of such damages, costs and expenses as may have accrued to the said City or Board of Public Works by reason of the failure to fulfill the con¬ ditions thereof. Sec. 7. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Sec. 8. Every person violating any requirement of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Sec. 9. This ordinance shall take effect immediately upon its ap¬ proval. (Approved September 11, 1895. Vol. 4, p. 716.) 154 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1252. AN ORDINANCE DECLARING AND DETERMINING THE SPECI¬ FICATIONS FOR THE CONSTRUCTION OF SIDEWALKS AND ARTIFICIAL STONE CURBS IN THE CITY OF OAKLAND. Be it ordained by the Council of the City of Oakland, as follows: Section 1. The specifications for the construction of sidewalks and artificial stone curbs in the City of Oakland are hereby declared and determined to be as follows: Sec. 2. Sidewalks must be constructed of cement or of bituminous- sand rock, width of walk six feet, unless otherwise provided by resolu¬ tion of the Council. Sec. 3. Rise of sidewalk from curb shall be at uniform rate of one-third (1-3) of an inch to the foot, except upon streets where the- intersecting streets have different widths of sidewalks, in which case the slopes shall be averaged at the corners. Sec. 4. The grade for the cement curb shall be two (2) inches- above the wooden curb grade. All sidewalks must be constructed to the official lines and grades, as given by the City Engineer. All materials used and work done must be under the supervision and to the satisfaction of the Superintendent of Streets of said City. Cement Walks. Sec. 5. Foundation—The excavation for the foundation must ex¬ tend at least six (6) inches outside of the lines of walk on each side. Where the ground is adobe the same must be excavated to a depth of ten (10) inches below the sub-grade of the cement work. If the adobe is less than ten (10) inches thick, the same must be wholly removed. The cavity thus formed is to be filled with broken rock, gravel, sand or earth, other than the adobe, thoroughly rammed to sub-grade of ce¬ ment work, smooth and even on surface, all to be thoroughly sprinkled with water. Where there is no adobe the ground is to be made solid and smooth to sub-grade by tamping; all roots and perishable material to be removed. Cement work—The first or lower layer of cement work to be not less than two and one-quarter (2%) inches thick, and up to within three-quarters (%) inch of grade after thorough tamping. It shall be formed of best quality of fresh Portland cement of a brand ap¬ proved by the Board of Public Works and mixed with clean gravel entirely free from dirt or clay, in the proportion of one barrel of ce¬ ment to seven barrels of gravel. The cement and gravel to be first thoroughly mixed dry and there¬ after w r ater added by sprinkling, the mixture to be continued until OF THE CITY OF OAKLAND, CAL. 155 every particle of gravel is coated with cement, and the mass to be just wet enough so that in ramming or tamping the water will not splash. The concrete shall be made up in batches only so fast as it can be laid in place and tamped before the cement has set. The top layer, three-quarters (%) of an inch thick, to be com¬ posed of one barrel of cement to one barrel of fine, screened, clean gravel, the mortar to be first mixed dry and then sprinkled with water. All mixing for top layers must be done in mortar boxes. Immediately before laying the top layer, the first or lower layer shall be covered with a grout composed of one barrel cement to one barrel of screened gravel. The top layer to be troweled to smooth and even surface and line in blocks not exceeding four square feet. The gravel for the top layer must be colored with dry lamp black in the proportion of one pound lamp black to one barrel of gravel, thoroughly mixed before adding cement. The work shall be properly protected from sun and frost. By a barrel of cement is meant an unbroken original package or barrel of fresh A 1 Portland cement of full standard weight, tensile strength and measure. The barrel for measuring the gravel must be of same size as cement barrel. Bituminous Sand Rock Sidewalks. Section 6. (a) All sidewalks constructed of bituminous sand- rock shall have a foundation of hard, broken, seamless rock (of size to pass through a two-inch ring) at least three (3) inches in thickness, the same to be thoroughly rolled or tamped and having the interstices filled with hard rock screenings or gravel. (b) The top dressing of the sidew T alk shall consist of a layer of bituminous sand rock equal to the best Santa Cruz or San Luis Obispo bituminous rock, and at least one inch in thickness, laid hot, and well rolled and ironed. (c) Bitumen to be so laid that neither horses nor vehicles touch the foundation after the same has been rolled. (d) The edges of the w T alk to be retained by 2x4-inch redwood strips spiked to 2x3 inch redwood stakes 15 inches long, driven every 6 feet apart, all flush with the surface of the walk. Artificial Stone Curbs. Section 7. Artificial stone or concrete curbs to be 8 inches wide by 16 inches deep. The molds to be banked up with earth so as not to move with tamping. Concrete to be filled in and thoroughly tamped to within three-quarters of an inch of grade, final layer of mortar of one'to one cement and gravel, to be then filled in and smoothed with a trowel. After setting for twelve hours it shall then be covered with earth 6 inches deep and kept covered for three weeks. Sec. 8. Whenever the sidewalk is to be constructed by public contract upder the general street law of the State of California, each bidder therefor must use the blank forms of proposals furnished by the 156 GENERAL MUNICIPAL ORDINANCES City Clerk, and must file with the City Clerk and also with the Super¬ intendent of Streets of said City, at least once before filing- his pro¬ posals, samples of material to be used. The materials furnished must be up to the standard of the samples upon any work which may there¬ after be awarded to said bidder. Sec. 9. Upon the completion of the work, and before the issuance of the assessment warrant, the contractor shall file with the Superin¬ tendent of Streets a bond in the sum to be determined by the Mayor of the City of Oakland, guaranteeing the work for one year from injury by ordinary use. Said bond shall be approved as to sufficiency by the President of the Board of Public Works, and shall be upon the blanks furnished by the Superintendent of Streets. Sec. 10. All ordinances or parts of ordinances in conflict here¬ with are hereby repealed. Section 11. This ordinance shall take effect and be in force on and after its approval. (Approved March 4, 1891. Vol. 3, p. 567.) ORDINANCE No. 1253. AN ORDINANCE CONCERNING THE CONSTRUCTION OF SIDE¬ WALKS AND CURBS IN THE CITY OF OAKLAND. Be it ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any person to construct or cause to be constructed in the City of Oakland any side¬ walk or curb without first obtaining from the Board of Public Works of said City a permit in writing so to do, unless the construction of said sidewalk or curb shall have been ordered by the Council. Sec. 2. Said permit shall be issued by said Board to the per¬ son applying therefor upon the payment of fifteen ($15) dollars as deposit, which deposit sum shall be retained by said Board until the completion of the sidewalk or curb in the permit described and the removal of all debris caused by said construction. Said debris shall be removed within five (5) days after notice from the Superintendent of Streets, and if not so removed, the Board of Public Works are hereby authorized to have the same done at the expense of the con¬ tractor, and the deposit of $15 to be applied in payment therefor. When sidewalk and curb are fully constructed and debris removed to the satisfaction of said Board and Superintendent of Streets, then the deposit shall be refunded by said Board to the depositor upon surrender and cancellation of said permit; provided, however, that in no case shall such permit be granted to construct sidewalk or curb OF THE CITY OF OAKLAND, CAL. 157 where the Council has passed Resolution of Intention to construct such sidewalk or curb. Sec. 3. Said permit shall be upon blank forms provided by the Board of Public Works, and shall specify the name and resi¬ dence of the applicant, the location of the property in front of which the proposed sidewalk or curb is to be constructed, the length and width of said walk or curb and the material to be used in its con¬ struction. Said permit shall also contain a true printed copy of the provisions of the ordinance or ordinances setting forth the specifica¬ tions adopted by the Council of the City of Oakland for the construc¬ tion of curbs and of cement or bituminous sand-rock sidewalks. Sec. 4. No sidewalks shall hereafter be constructed in the City of Oakland other than of cement or bituminous sand-rock unless special permission therefor be first obtained from the Council of said City by the owner of the property in front of which the walk is to be laid. Sec. 5. Within the fire limits of said city, as declared by its ordi¬ nances, only granite curbing shall be constructed. Sec. 6. All sidewalks and curbs hereafter laid must be constructed in every particular in accordance with the permit therefor issued and the specifications therein recited, and must be completed within thirty days from date of permit, unless an extension of time thereon be granted by the Council. Sec. 7. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, and in case said fine be not paid, then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for every dollar of the fine so imposed. Sec. 8. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. Sec. 9. This ordinance shall take effect immediately upon its ap¬ proval. (Approved March 4, 1891. Vol. 3, p. 572.) ORDNANCE No. 1262. AN ORDINANCE DECLARING THE SPECIFICATIONS FOR THE LAYING OF STRADAMANT ASPHALTUM PAVEMENTS AND CROSSWALKS UPON THE STREETS, AVENUES, ALLEYS, PUBLIC PLACES AND HIGHWAYS OF THE CITY OF OAK¬ LAND. 158 GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: The specifications for the laying of stradamant asphaltum pave¬ ments and crosswalks upon the streets, avenues, alleys, public places and highways of the City of Oakland shall be and are as follows: Section 1. There shall be four classes of stradamant asphaltum pavement and crosswalks, to-wit: Class A—Top layer one inch thick of stradamant; asphaltic sur¬ facing laid upon a foundation of stradamant; asphaltic concrete five (5) inches thick. Class B—Top layer (1%) one and one-half inches thick of stra¬ damant; asphaltic surfacing laid upon a foundation of stradamant; asphaltic concrete (4%) four and one-half inches thick. Class C—Top layer one inch thick of stradamant; asphaltic surfac¬ ing laid upon a foundation of stradamant; asphaltic concrete (3) three inches thick. Class D—Top layer (V 2 ) one-half inch thick of stradamant; sur¬ facing laid upon a foundation of stradamant; asphaltic concrete (2 y 2 ) two and one-half inches thick. All measurements for thickness to be taken after final compression. The concrete and pavement to be well rolled and tamped. General Provisions. (a) All Resolutions of Intention shall declare the class of pav¬ ing. (b) All work shall be to the official line and grade as set by the City Engineer of said City. (c) All work shall be done to the satisfaction of the Superintend¬ ent of Streets of said City. (d) The crown of roadways not exceeding 32 feet in width shall be two inches above the curb, and of roadways of greater width, four inches, unless otherwise provided in the order of work. (e) All work shall conform to the general or special plan posted with the Notice to Contractors. (f) Roadbed to be brought to a true and even arc, and thor¬ oughly compacted by rolling with a roller of at least ten (10) tons weight before laying concrete for street pavements. Sub-grade for crosswalks shall be thoroughly compacted by tamping. (g) Road-bed must be clear of all refuse, slush and sponge earth before rolling. (h) Trenches caused by sewer, gas or water pipes must be settled by water and tamped solid. (i) Upon the completion of the work the contractor must re¬ move all surplus material from the street. (j) The City Engineer or the Superintendent of Streets of said city, each in his respective capacity, shall have the authority to order the employes of any contractor to stop the construction of any work OF THE CITY OF OAKLAND, CAL. 159 whenever in the judgment of either of said officials the same is not be¬ ing done in accordance with the specifications. The contractor shall instruct his employes to obey forthwith any such orders from either of said officials. (k) All work must be so prosecuted as not to blockade the street unnecessarily. (l) Upon the completion of the work and before the issuance of the assessment warrant therefor, the contractor must file with the Superintendent of Streets a bond in the sum to be determined by the Mayor of said City, guaranteeing the work for five (5) years from injury by ordinary use. Said bond shall be approved as to sufficiency by the President of the Board of Public Works of said City, and shall be upon the blanks furnished by said Superintendent of Streets. Proposals, How Made. All proposals to be upon blanks furnished by the City Clerk. Each bidder for paving shall file with the City Clerk, and also with the Superintendent of Streets of said City, at least once before filing his proposals, block samples of each class of pavement. The mater¬ ials furnished and the pavement laid must be up to the standard of such samples upon any work which may thereafter be awarded to said bidder. Sec. 2. This ordinance shall take effect upon its approval. (Approved March 28, 1891. Vol. 3, p. 595.) ORDINANCE No. 1267. AN ORDINANCE TO PROHIBIT THE ERECTION OR MAINTE¬ NANCE OF WOODEN AWNINGS OVER OR UPON THE SIDE¬ WALKS OF CERTAIN STREETS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall erect or maintain any wooden awn¬ ing, over or upon any sidewalk of Broadway or Washington streets, between the center lines of Seventh and Fourteenth streets in the City of Oakland. Sec. 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine of not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every dollar of the fine so imposed. Sec. 3. This ordinance shall take effect nintey days from and after its approval. (Approved May 8, 1891. Vol. 3, p. 606. i6o GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1955. AN ORDINANCE TO PROHIBIT THE ERECTION OR MAINTE¬ NANCE OF WOODEN AWNINGS OVER OR UPON THE SIDE¬ WALKS OF SAN PABLO AVENUE, BETWEEN FOURTEENTH AND SEVENTEENTH STREETS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall erect or maintain any wooden awning: over or upon any sidewalk of San Pablo avenue between Fourteenth and Seventeenth streets in the City of Oakland. Sec. 2. Every person violating- any provision of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be pun¬ ished by a fine of not to exceed one hundred ($100) dollars; and in case such fine be not paid then by imprisonment at the rate of one day for every two dollars of the fine so imposed and remaining unpaid. Sec. 3. This ordinance shall take effect thirty days from and after its approval. (Passed by the Council over Mayor’s veto on January 24, 1899. VoL 5, p. 337.) ORDINANCE No. 1283. AN ORDINANCE DECLARING CERTAIN TREES GROWING IN THE PUBLIC STREETS, UNDER CERTAIN CONDITIONS, NUI¬ SANCES AND PROVIDING FOR THEIR ABATEMENT. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Any pine, poplar, cottonwood or eucalyptus tree grow¬ ing in any public street or sidewalk which is endangering or which may in any way endanger the security or usefulness of any public sewer or sidewalk is hereby declared a public nuisance. Sec. 2. Whenever it may appear to the satisfaction of the Super¬ intendent of Streets that public necessity requires the removal of any tree coming under operation of the provisions of Section 1, of this ordinance, it shall be the duty of said Superintendent of Streets to report the same to the Council, and the Council may by resolution order the same removed, and the said Superintendent of Streets, after the adoption of such resolution, shall have authority to remove the same forthwith. Sec. 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Sec. 4. This ordinance shall go into full force and effect imme¬ diately after its approval. (Approved June 3, 1891. Vol. 3, p. 635.) OF THE CITY OF OAKLAND, CAL. l6l ORDINANCE No. 1298. AN ORDINANCE REGULATING TRAFFIC AND SALES IN THE STREETS AND HIGHWAYS OF THE CITY OF OAKLAND, PREVENTING SUCH TRAFFIC AND SALES FROM ENDANGER¬ ING THE PUBLIC COMFORT AND SAFETY. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby determined and ordained that it is neces¬ sary to regulate traffic and sales in the streets and highways of the City of Oakland, and that in order to properly regulate the same, to secure the public safety and comfort, it is necessary that such trade and traffic in streets and highways be regulated in accordance with the terms and provisions contained in this ordinance. Sec. 2. It is hereby declared to be unlawful for any person at any place in any of the streets or highways of the City of Oakland and included in the territory described in this section, to traffic in, vend or sell, or to attempt or offer to traffic in, vend or sell any goods, wares, merchandise, meats, vegetables, fruits, berries, produce, or any article of household, family or domestic supplies; and every such act at any such place, w 7 hether of so trafficking vending or selling, or of attempting or offering to so traffic, vend or sell such property, or any thereof, is hereby declared to be unlawful, but the sale, vending or trafficking, or the offer to sell, vend or traffic in any of said personal property by a person at his fixed place of business, conducted in a building or store lawfully occupied by him and fronting or abut¬ ting upon any street or highway within said territory, is not and shall not be construed to be unlawful hereunder. The territory above referred to in this section is bounded and particularly described as follows: Commencing at a point formed by the intersection of the north¬ erly projection of the eastern line of Clay street, with the northern line of Fourteenth street in said City of Oakland, and running thence easterly along the northern line of Fourteenth street to its intersection with the eastern line of Franklin street; thence southerly along the eastern line of Franklin street to its intersection with the northern line of Sixth street; thence westerly along the northern line of Sixth street to its intersection with the eastern line of Clay street, and thence northerly along the eastern line of Clay street and its north¬ erly projection to the intersection thereof with the northern line of Fourteenth street. Sec. 3. Nothing herein contained shall be construed as pre¬ venting or making unlawful the prompt delivery in good faith of any of said personal property to or at any such fixed place of business (so situated and conducted in such building or store within said terri¬ tory) in any case where such personal property, so being delivered,. GENERAL MUNICIPAL ORDINANCES >162 is actually and in good faith consigned goods, or has actually and in good faith been theretofore purchased at a place outside of said terri¬ tory by such lawful occupant of such fixed place of business, actually doing business therein, and said property is in either such case then being delivered to him thereat. Sec. 4. The word “person” as used in this ordinance shall in¬ clude partnerships, associations, firms, companies and corporations as well as natural persons. Sec. 5. Every person who shall violate any of the provisions of this ordinance shall be guilty of a misdemanor, and upon conviction thereof shall be subjected to and shall pay a fine not exceeding one hundred dollars, and in case the fine imposed be not paid, such person shall be imprisoned in the City Prison of the City of Oakland at the rate of one dollar per day until the fine so imposed be satisfied. Sec. 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Sec. 7. This ordinance shall take effect from and after its ap¬ proval. (Approved July 11, 1891. Vol. 3, p. 654.) ORDINANCE No. 1354. -AN ORDINANCE REGULATING THE CONSTRUCTION OF PRI¬ VATE SEWERS. Be it Ordained by the Council of the City of Oakland, as Follows: Section 1. No person shall tap any public sewer or construct any (private or side sewer connected with any public sewer in any public street of the City of Oakland without first obtaining the permit hereinafter mentioned, or without constructing in said sewer a suf¬ ficient trap for the prevention of any gas, effluvia or nauseous smell from escaping through the same into any room, building, premises, street, lane or alley. Sec. 2. Any person desiring to tap any public sew'er or con¬ struct any private or side sewer connecting with any public sewer shall apply to the Board of Public Works, who, upon deposit of the sum of $20, shall issue a permit therefor, specifying the place where such private sewer is to be constructed or connection made, and also the time within which said work is to be completed. No such permit shall be granted to any person who, in performing any similar work under a former permit, has been derelict in the performance of any •duty incumbent upon him. In place of the said deposit of $20, a OF THE CITY OF OAKLAND, CAL. 163 L»ond must be given with two sureties, payable to the City of Oak¬ land, for the sum of five hundred dollars, conditioned that all work done and material furnished by the maker of said bond shall be to the satisfaction and approval of the Superintendent of Streets. Said ■bond shall be approved by the City Attorney and Superintendent of -Streets. (Amendment approved March 21, 1895. Vol. 4, p. 674.) Sec. 3. All such sewers shall be constructed of materials of good quality, shall be laid and cemented in a good and workmanlike manner; and all connections with public or other sewers, and also the replacement of all soil, macadam or other material removed, shall -also be made and done in a good and workmanlike manner, with dili¬ gence, within the time allowed, and to the satisfaction and approval -of the Board of Public Works. Sec. 4. Upon the proper completion of such work within the time specified, or such reasonable additional time as the Board of Public Works may in their discretion grant, and upon their approval of the same, they shall return the deposit hereinbefore referred to; otherwise the same shall be at once forfeited and paid to the City Treasurer, and the Board of Public Works shall proceed forthwith to put in good condition at the expense of the City, the portion of the street which has been dug up. Sec. 5. Every person violating any provision of this ordi¬ nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Sec. 6. An ordinance entitled “An Ordinance Regulating Private Sewers in the City of Oakland,” approved July 13, 1870, is hereby repealed. Sec. 7. This ordinance shall take effect immediately upon its ap¬ proval. (Approved October 2, 1891. Vol. 3, p. 722.) ORDINANCE No. 2003. AN ORDINANCEl REGULATING THE MANNER IN WHICH SEW¬ ERS SHALL BE CONNECTED IN THE PUBLIC STREETS. "Be it ordained by the Council of the City of Oakland, as follows:: Section 1. No connection with any sewer less than eight inches in diameter in a public street shall be made by cutting into such sewer, 164 GENERAL MUNICIPAL ORDINANCES but such connection shall be made by taking out a section of the- sewer with which connection is to be made and replacing the same- with a section having a Y branch attached thereto. Sec. 2. Every person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed One Hundred ($100.00) Dollars, and in case such fine be not paid, then by imprisonment in the City Prison at the rate of one (1) day for every Two ($2.00) Dollars of the fine so imposed and remaining unpaid. Sec. 3. This ordinance shall take effect immediately. (Approved Aug. 12th, 1899. Vol. 5, p. 411.) ORDINANCE No. 1355. AN ORDINANCE TO REGULATE THE PLACING OF BUILDING MATERIAL AND OTHER OBSTRUCTIONS UPON PUBLIC STREETS. Be it ordained by the Council of the City of Oakland, as follows: Section 1. No person shall place or cause to be placed on any street, sidewalk or public place in the City of Oakland, any material, machinery or apparatus for building, paving or other purposes and allow the same to there remain for over 24 hours without a permit from the Board of Public Works. Such permit shall specify the por¬ tion of the street or sidewalk to be used and the period of such use, which period shall not be larger than may be reasonably necessary,, and may be extended only in case of necessity. Sec. 2. Every person having control of any such material, machinery or apparatus shall obey every lawful direction of the Board of Public Works as to such building material, whether contained in said permit or made after issuance thereof. Section 3. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine of not to exceed one hundred dollars, and in case such fine be not paid then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Sec. 4. Section 5 of an ordinance entitled “An Ordinance to Reg¬ ulate Streets, Sidewalks and Public Grounds, etc.,’’ approved March 15, 1872, is hereby repealed. Sec. 5. This ordinance shall take effect immediately upon its ap¬ proval. (Approved October 2, 1891. Vol. 3, p. 725.) OF THE CITY OF OAKLAND, CAL. 165 ORDINANCE No. 1362. AN ORDINANCE ESTABLISHING AND DEFINING THE LINES OF TWELFTH STREET, BETWEEN FALLON STREET AND FIRST AVENUE, IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Twelfth streeet, between Fallon street and First avenue, is hereby declared to be a public street within the following described dines: Beginning at a point on the southerly line of Twelfth street, dis¬ tant three hundred and seventy-five and 25-100 feet (375.25) easterly from the southeastery corner of Oak and Twelfth streets, said point being forty and 5-100 (40.05) feet southerly from the brass pin in the concrete monument situated in the center of said Twelfth street and distant three hundred and seventy-three and 15-100 (373.15) feet east¬ erly from the east line of Oak street; thence running easterly from said point of beginning on a line deflecting seven degrees and thirty-eight and one-half (7 deg. 38 y 2 min.) minutes to the left, or northerly from the southern line of said last named Twelfth street( being the pro¬ posed southerly line of Twelfth street) a distance of twelve hundred and seventy-four (1274) and 95-100 feet to the intersection of the pro¬ posed southerly line of Twelfth street with the northwesterly line of First avenue; thence northeasterly eighty-one (81) 3-10 feet to the intersection of the northwesterly line of First avenue with the pro¬ posed northerly line of Twelfth street, which is eighty (80) feet north¬ erly of and parallel with the proposed southerly line of Twelfth street; thence westerly and parallel with said proposed southerly line of Twelfth street to a point opposite the point of beginning, and eighty feet distant northerly therefrom; thence southerly at right angles •eighty (80) feet to the point of beginning. Section 2. All ordinances and parts of ordinances in conflict are hereby repealed. Section 3. This ordinance shall take effect and be in full force on and after its approval. (Approved November 16, 1891. Vol. 3, p. 733.) See also Ordinance No. 1116, “Establishing Twelfth street across the Dam.” Vol. 3, p. 406; and No. 2142, declaring it a public boulevard. Vol. 5, p. 662. GENERAL MUNICIPAL ORDINANCES 166 ORDINANCE No. 1367. AN ORDINANCE TO PREVENT FAST AND RECKLESS DRIVING- Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall ride or drive any horse or other animal upon any public street or place in the City of Oakland in such a manner as to endanger or unreasonably incommode any person or at a rate of speed exceeding nine miles an hour. Section 2. Every person violating any provision of this ordinance- is guilty of a misdemeanor, and, upon conviction thereof, shall be pun¬ ished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its. approval. (Approved November 17, 1891. Vol. 3, p. 739.) ORDINANCE No. 1386. AN ORDINANCE TO REGULATE THE IMPROVEMENT OF THE ROADWAY OF PUBLIC STREETS BY PRIVATE CONTRACT- Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall cause or allow the construction by private contract of any macadam, stone, bituminous sand rock or sim¬ ilar roadway in any public street of the City of Oakland, in front of property owned by him, or under his charge or control, unless per¬ mission therefor shall have been first obtained from the City Council. Sec. 2. No person having charge of, or causing any such work to be done, shall cause or allow the same to be done otherwise- than in conformity to the official grade and lines, and in accordance with the specifications prescribed by the respective ordinances in force and relating to the same class of work. Sec. 3. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine not to exceed one hundred dollars, and in case said fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. (Approved December 23, 1891. Vol. 4, p. 14.) OF THE CITY OF OAKLAND, CAL. 167 ORDINANCE No. 1422. AN ORDINANCE DECLARING AND DETERMINING THE GEN¬ ERAL SPECIFICATIONS FOR REPAIRING, IMPROVING AND' PAVING THE STREETS, AVENUES, ALLEYS AND HIGHWAYS OF THE CITY OF OAKLAND. Be it Ordained by the Councii of the City of Oakland, as follows: Section 1. The general specifications for the repairing, improv¬ ing and paving of the streets, avenues, alleys and highways of the City of Oakland, which shall include the grading, curbing, forming gutters, cross-walks, culverts, macadamizing and paving with bituminous sand rock of said streets, avenues, alleys and highways of the City of Oak¬ land shall be and are hereby determined to be and fixed as, and declared to be as set forth herein, and the same shall be the specifications for, and all work of repairing, improving or paving said streets, avenues, alleys and highways in the City of Oakland shall be done under and in accordance with such specifications, unless otherwise ordered and' officially determined by law. Grading. Sec. 2. All streets shall first be brought to the proper sub-grade, as shown by the levels and lines of the City Engineer, and the road¬ way be given an even surface. The roadway to be brought by filling and rolling to a true arc from gutter to gutter, and thoroughly rolled with a roller weighing not less than ten tons, keeping surface up to said arc by filling more earth where depressed by rolling. In excavation, not over two blocks of street to be broken up at one time, and such blocks must be completed to grade before ground is broken for additional blocks, unless otherwise requested by a major¬ ity of owners of property fronting on street to be graded. In removing trees the roots must be taken out. At the cross streets and at end of work the bank must be cut to a slope accessible to vehicles, said slope to be three horizontal to one vertical, and to be estimated in the work. In billing streets, no perishable or unwholesome material to be- used, such as rubbish, brush, straw, manure, wood, or anything of¬ fensive. Cesspools, old drains or wells in the streets to be cleared of any impure matter and filled by the contractor. In filling a street during the dry season, on which macadamizing or paving is to follow the grading in the same season, the earth filled must be put in layers of one foot deep and each layer rolled with a roller of at least ten tons weight. Contractors must during the progress of the work, mark any place GENERAL MUNICIPAL ORDINANCES 168 liable to be dangerous to travel, by night with lanterns, and in the ■daytime with conspicuous poles, stakes or red flags. Slopes into lots to be not less than 1 y 2 horizontal to 1 vertical, except where the lots are filled by the contractor at the time of grad¬ ing the streets, in which case there will be no slope estimated. All cavities formed by removal of old culverts and crosswalks must be cleared of wet and springy earth, and where street is to be paved with bitumen, the cavities must be filled to sub-grade of foundation with broken rock, which is to be tamped and rolled. Amout of filling to be estimated in cubic yards of space actually .filled. Curbing. Sec. 3. Article 1—Wooden Curbs—Wooden curbs are to be of sound 3x12 redwood plank, free from sap, warp, wind or splits, securely nailed with fifty-penny nails to 4x4 redwood stakes 2 y 2 feet long, unless in the order of work a different length of staks is sepcified. Joints of curb to be at middle of stake, outer face of curbs made flush by sizing curb next to stake. Stakes to be not over ten feet apart. Article 2—Granite or Sandstone—Granite or sandstone curbs are to be six inches wide on top, and to average 16 inches in depth, but not less than 14 inches in depth. If of sandstone, the outer edge must be round, iy 2 inch radius. Front face to full depth of gutter to be dressed even, top dressed square and true, back face dressed 2 inches in depth. Lengths not less than four feet. Joints true and square. Circular curbs to be of radius given in plans on file in City Clerk’s office. Granite or sandstone curbs to be firmly bedded upon not less than 4 inches of sand or gravel. Earth either side to be tamped solid. Cement. Article 3. Cement curbs which are found to be in perfect condition of full depth, well seasoned and unimpaired or unbroken, may remain and be excepted from the work, provided they are on the official line and grade. New cement curbs are to be constructed as follows: Size—Width 8 inches, depth 16 inches, outer edge % round, 1 inch radius. Interior of curb to be of concrete composed as follows: One part best Portland cement, two parts of clean, sharp sand, four and a half parts broken or crushed hard rock free from clay, slate, dirt or dust. The top finish to be composed of one part Portland cement to one part clean, sharp sand, this finish to be 3-4 of an inch thick. The outer face of finish to be of same proportion as top, and not to be less than % of an inch thick for a depth of nine inches. For mixing concrete, parts to be measured in bulk, cement and OF THE CITY OF OAKLAND, CAL. 169 sand to be mixed dry by turning at least twice, so as to be thoroughly mixed, then thoroughly mixed with the broken stone, sprinkled with clean water, while mixing, so as to form a plastic mass and not to run, and so that the concrete may be tamped in moulds without splashing. Place mould boards on each side full depth of curb, firmly braced in position. As concrete is put in moulds work in concrete next to moulds with straight spade. Tamp concrete thoroughly to within 3-4 of an inch of grade. The top finish to be evenly finished to grade and line. In mixing concrete care must be taken not to mix more than can be put in place before it sets. After cement work is set firm, cover the same with earth 6 inches deep and keep covered for three weeks; during hot weather earth to be kept damp. Gutters. Sec. 4, Article 1—Broken Rock—All gutters to be as herein desig¬ nated, to-wit: Broken rock gutters to be of trap or basalt rock, of a size to make not more than four pieces to one square foot of sur¬ face of gutter. Depth of rock not less than 6 inches. No openings or joints over 1 inch wide. Rock to be paved on a bed of sand, fine gravel or cinders, of not less than 6 inches in depth. Rock to have flat surfaces on top, and well rammed to an even surface and grade. Gutters to be grouted so as to fill all joints with Portland cement, grout in proportion of one part cement to two parts of coarse sand or fine gravel mixed with clean, fresh water, sufficient to pour in joints, joints being left open to receive grout and not otherwise filled. Article 2—Basalt or Belgian Blocks—Basalt or Belgian block gut¬ ters to be laid with blocks w^hich are as nearly rectangular as possible; no wedge-shaped blocks allowed. Length of blocks not less than 8 inches, depth not less than 6 inches; to be laid in concrete at least 4 inches thick, composed of 1 part Portland cement to 4 parts fine gravel. Blocks in parallel rows lengthwise of gutter. Joints not over 1 inch wide. Top surface laid to grade. Gutters to be grouted so as to fill all joints with liquid grout, one part Portland cement to two parts of sand mixed with clean, fresh w r ater sufficient to pour in and fill joints, the joints being left open to receive grout and not otherwise filled. Article 3—The form of all gutters to be as per section plan filed in office of City Clerk. Article 4—Bituminous—Bituminous gutters to be on same founda¬ tion as bituminous paving. Culverts of Class “A’ Sec. 4, Article 1—Ironstone—Culverts of Class “A” are to be con- GENERAL MUNICIPAL ORDINANCES 170 structed of well-glazed vitrified ironstone pipe, with sockets free from warps, cracks and other imperfections. The pipe must be straight, and not vary from a true cylinder more that 1-12 of an inch for each three inches diameter of pipe. The trench for the pipe must be two feet wide, graded true, bottom uniformly solid and level. Joints to be thoroughly cemented with one to two cement mortar and cleaned on inside with swab or disk. Pipe to be laid upon the bottom of the trench, the earth tamped under pipe to two inches above bottom of pipe, and the trench to be then filled with concrete, well packed and tamped under the lower quarters of the pipe, and covered with 6 inches thickness of concrete on both sides and top, except at the crosswalks, where the top covering shall be at least 3 inches thick. After the concrete is finished and has set for 12 hours, it must be covered with earth to a depth of at least six inches, and remain so covered for one week. “Y” branches with conduit pipes to be laid and concreted in same manner as culverts, as shown on plan posted with Proposals for Street W ork. Culverts of Class “B” Article 2. (Cast-iron Culverts, with or without cast-iron bottoms) —The material to be of the best cast-iron, coated inside and out with a double coat of paraffine paint. They shall conform in every particu¬ lar to the section plan posted with Proposals for Street Work. Culverts with cast-iron bottoms shall be bedded upon and in cement mortar two inches thick. The proportion of this mortar shall be one barrel of cement to six barrels clean gravel. Culverts with concrete bottoms shall rest upon a concrete founda¬ tion six inches thick, inside finish one-half inch thick, troweled smooth. The top and sides of culvert shall be covered with concrete, all as per section plan posted with Proposals for Street Work. The concrete must be rammed to place before setting. Article 3—Culverts of Class “C”—(Wooden and iron culverts com¬ bined)—The wooden bridge across the gutters must be of good, sound fir plank three inches thick and twelve inches wide, free from sap, large or loose knots. Width of bridge, six feet. These planks must be spiked with 50-penny spikes to a four by six redwood sill at the outer end, and to the curb at the inner end, except the center plank, which must be fastened to the curb and sill with four-inch Spikes, with their heads set into the planks so as to come flush with the surface of the same. Where the curbing is concrete or stone, the bridge plank must be spiked to a four by six redwood sill, and laid in concrete against the curbing. The pipe to be used must be of the form show T n on the plan posted with the Proposals for Street Work. The culvert must extend between the paved gutters under the OF THE CITY OF OAKLAND, CAL. 171 wooden bridges, and must be laid on a solid foundation, the joints to be securely cemented or leaded. For further details and dimensions reference is hereby made to said plan posted with Proposals for Street Work. Crosswalks—Class “A.” Sec. 5, Article 1. All crosswalks to be of either class A, B, or C, the requirements of which respectively are as follows: Class A to be of bituminous sand-rock, not less than two inches thick, laid upon six inches of concrete; bitumen to be laid on hot and rolled with hot rollers. Edge of bitumen to be turned under at sides, the macadam lapping over flush with surface of bitumen. After the concrete is finished and has set for twelve hours, it must be covered with earth at least six inches in depth, and remain so covered at least one week before the bitumen is laid. The earth covering must be en¬ tirely removed anu the concrete swept clean before laying bitumen. Class “B Article 2. Class B to be of bitumenous sand-rock, not less than two inches thick, laid upon six inches of crushed rock of same class of mac¬ adam as used on the street, and that will pass through two and one-half inch ring. Rock to be bonded with screenings and rolled with roller of at least ten tons weight. Bitumen to be laid in same manner as in class A. Article 3. The crosswalks of classes A and B shall extend from curb to curb, unless in the order of work wooden bridges over gutters are required. These bridges must be as in Section 4 provided. Class “C ” Article 4. Class C to be of same material as macadam used on street, but raised three inches above surface of macadam, of width of 6 feet, to have wooden bridges same as culverts of Class C. (As amended June 5, 1901. Vol. 5, p. 546.) Macadam. Sec. 6, Article 1. All macadamizing shall be done only with hard rock of igneous character known as hard blue trap rock or hard gray trap rock, or basalt rock, and shall be such rock only as shall come within the requirements of either first class rock or second class rock, the requirements of which classes are as follows, to-wit: 1st class rock shall be rock of igneous character and formation, trap or basalt, of irregular cleavage, and such as shall not lose by ero¬ sion and fracture, upon testing same in the “rattler,” belonging to the City of Oakland for purposes of testing rock, revolving at the rate of not less than 28 revolutions per minute for three hours, more than fif¬ teen per cent of its original weight. 172 GENERAL MUNICIPAL ORDINANCES 2d class rock shall be trap or basalt rock such as shall not lose by erosion and fracture upon testing the same in the said “rattler/’ re¬ volving at the rate of not less than 28 revolutions per minute for three hours, more than 28 per cent of its original weight. Article 2. All rock submitted or which shall be used in the mac¬ adamizing of a street shall be of the character and size and of the class as herein designated and as called for by the Resolution of In¬ tention each respectively, and shall be subjected to a test of three hours in said “ rattler,” revolving at the rate of not less than 28 revo¬ lutions per minute, by the City Engineer, or Street Committee, or both, and no rock that after such test does not retain at least the mini¬ mum weight required by the requirements of the class called for in the Resolution of Intention and Proposals for Street Work, in each case respectively, shall be used upon the streets, nor accepted by the City officials. Article 3. The w r ork of macadamizing a street shall be of three grades or classes, designated as Class A, Class B and Class C. The requirements of each respectively shall be as follows: Class A. After the grading and rolling of the street to the proper subgrade as prescribed hereinbefore, a layer of first-class rock, as above designated, or a uniform depth of nine inches before rolling, composed of rock of a size to pass through a 3 inch ring, shall be placed on the subgrade, and then thoroughly rolled with a ten-ton roller, and so that a uniform surface is presented and so that the crown of the street shall be preserved as per cross section for such street filed in the office of the City Clerk. The top surface to be well covered so as to thoroughly fill all the interstices with fine screenings of said first-class rock, which screenings shall not be of a size less than % of an inch in any direction, such top covering in no event to be less than 1 inch or more than 1 % Inches in depth. The whole then to be well watered and thoroughly rolled with a roller of not less than ten tons in weight. Class B. After the grading and rolling of the street to the proper subgrade as prescribed hereinbefore, a layer of said first-class rock of a uniform depth of seven inches before rolling, composed of rock of a size to pass through a three-inch ring, shall be placed on the sub¬ grade, and then be thoroughly rolled with a ten-ton riller, and so that a uniform surface is presented, and so that the crown of the street shall be preserved as per cross section for such street filed in the office of the City Clerk. The top surface to be well covered so as to thoroughly fill all the interctices with fine screenings of said first-class rock, which screenings shall not be of a size less than % of an inch in any direction, such top covering in no case to be less than 1 inch or more than 1 y 2 inches in depth. The whole then to be well watered and thoroughly rolled with a roller of not less than ten tons weight. Class C. After the grading and rolling of the street to the proper subgrade as prescribed hereinbefore, a layer of second-class rock, as above designated, of a uniform depth of six inches before rolling, com- OF THE CITY OF OAKLAND, CAL. 173 posed of rock of a size to pass through a three-inch ring, shall be placed on the subgrade, and then thoroughly rolled with a ten-ton roller, and so that uniform surface is presented, and so that the crown of the street shall be preserved, as per cross section for such street filed in the office of the City Clerk. The top surface to be well covered so as to thoroughly fill all the interstices with fine screenings of said sec¬ ond-class rock, which screenings shall not be of a size less than % of an inch in any direction, such top covering in no event to be less than one inch or more than iy 2 inches in depth. The whole then to be well watered and thoroughly rolled with a roller of not less than ten tons in weight. (As amended Sept. 23, 1898. Vol. 5, p. 318.) Bituminous Paving. Sec. 7, Article 1. All bituminous paving to be of one of the classes as follows: First Class. For the first class, the bituminous sand rock shall be 2 y 2 inches thick, laid on a 6-inch concrete foundation. Concrete to be in place and rammed before setting. Concrete to be Avet twice a day for seven days, and be kept clean before being covered with the bituminous sand rock. Second Class. Article 2. For the second class the bituminous sand rock shall be 2 inches thick, laid upon a foundation of 6 inches of said second-class rock. The size of the rock and the method of laying and compacting the same to be as in this ordinance provided for macadamizing. The roadbed to be graded and rolled to sub-grade of rock with a roller not less than ten tons weight. Third Class. Article 3. For the third class, the bituminous sand rock to be 1 y 2 inches thick, laid on the old macadam, provided the macadam is not less than 6 inches thick, and the top surface at sub-grade of bitumen. Otherwise it shall be laid on a layer of 6 inches of said second-class rock, upon the same method of laying the rock as provided for mac¬ adam. The roadbed to be graded and rolled to sub-grade of rock, with a roller not less than ten tons weight. General Provisions. Article 4. All bituminous sand rock shall be laid hot, raked, smoothed and rolled with hot irons and rollers to a true and even surface, and then finally rolled with a ten-ton roller. Measurement for thickness of bitumen must be made after this final rolling of same. The bitumen shall be conveyed to the Avork in such manner that 174 GENERAL MUNICIPAL ORDINANCES neither horses nor vehicles touch the concrete or rock foundation after it has been rolled. All soft and spongy earth to be removed in grading for bituminizing and any holes below sub-grade filled with rock or grav¬ el and thoroughly tamped or rolled to sub-grade of rock. Concrete. Sec. 8, Article 1. When concrete is used in any work herein pro¬ vided for, the following provisions shall govern: Proportions for concrete, for bituminous cross-walks, for laying cast-iron culverts with concrete bottoms, and for first-class bituminous sand rock paving, shall be: One (1) barrel cement, three (3) barrels clean, sharp sand, six (6) barrels clean, hard, seamless, second-class rock crushed to about the size of two-inch cubes. Proportions for concrete for laying iron-stone pipe culverts shall be: One (1) barrel cement to six (6) barrels of gravel. Inside finish of the concrete bot¬ toms for cast-iron culverts shall be one to one Portland cement mortar. Article 2. Concrete shall be mixed either by the most approved machine mixers or by hand. If the latter process, then in the fol¬ lowing manner: The rock must be spread upon a level flooring, so as to make a pile uniform 8- inch thickness, rectangular in shape. The cement and sand to be thoroughly mixed dry in mortar boxes apart from the rock. The mixture is to be then spread evenly upon the broken rock. The whole mass thus obtained to be then first mixed dry, so that the sand and cement shall be thoroughly incorporated with the rock, and then finally mixed by shoveling it over while being ■N sprinkled with water. There must be no loose water in the heap or on the flooring. The rock must be clean and well washed immediately be¬ fore being spread upon the flooring as above described. The concrete must be mixed in batches or quantities each not exceeding what can be laid and rammed before the cement has set. Sec. 9. Whenever the word cement is used in this ordinance the best quality of fresh Portland "cement, subject to approval of City Engineer and Board of Public Works, is intended. Lumpy cement must be rejected. By a barrel of Portland cement is meant an unbroken original package or barrel, of full standard weight and measure. The barrel for measuring the sand and rock must be of the same size as the cement barrel. General Provisions. Sec. 10, Article. 1. All resolutions of intention shall declare the class of the paving, macadam, culverts or cross-walks, as herein specified. Article 2. In macadamizing or paving streets the roadbed shall be cleared of all rubbish, refuse, slush and spongy earth. Article 3. Trenches caused by sewer, gas, or water pipe to be settled by water and tamped solid. Article 4. Roadbed to be brought to a true and even arc, and N* { OF'THE CITY OF OAKLAND, CAL. 175 thoroughly compacted by rolling with a roller of at least ten tons weight before laying any rock, and of at least ten tons weight before laying concrete for bituminous paving. Article 5. All work shall be to the official line and grade, as set by the City Engineer, and shall conform to the general or special plan, posted with the Proposals for Street Work. Article 6. All work must be so prosecuted as not to blockade the street unnecessarily. Lanterns must be set by the contractor at night to mark piles of material and obstructions. Article 7. Upon completion of the work the contractor shall re¬ move all surplus material from the street. No street having loose rock upon its surface will be considered finished and acceptable. Article 8. All work shall be done to the satisfaction of the Super¬ intendent of Streets. Article 9. Each bidder for street work shall file with the City Clerk and with the Superintendent of Streets, at least once before filing his proposals, and whenever requested, samples of material to be used. The materials furnished must be up to the standard of the sam¬ ples upon any work which may thereafter be awarded to said bidder. Proposals—How Made. Sec. 11, Article 1. All proposals to be upon blanks furnished by the City Clerk. Article 2. All ordinances or parts of ordinances in conflict here¬ with are hereby repealed. Article 3. This ordinance shall take effect and be in force on and after its approval. ^ (Amendment approved May 29, 1893. Vol. 4, p. 427.) (Approved May 12, 1892. Vol. 4, p. 188.) [Note—The specifications might provide, if desirable, that the City steam roller must be used. See 97 Cal. 108.] _ f ORDINANCE No. 1437. AN ORDINANCE PROVIDING REGULATIONS CONCERNING AC¬ CEPTANCES OF IMPROVED PUBLIC STREETS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. In addition to the requirements and conditions re¬ quired by the general law concerning the acceptance of public streets. I 176 GENERAL MUNICIPAL ORDINANCES after the same have been fully constructed, the following regulations are hereby adopted as the regulations to be followed and complied with before acceptance of any street by the City Council. No street, or portion of street, less than the entire width of the roadway, including the curb, and at least one block in length, or one entire crossing - , shall be accepted. No street, or a portion of a street, shall be accepted until after the same shall have been fully constructed to the satisfaction of the Super¬ intendent of Streets ,of the City Engineer and of the City Council, and shall be in good condition throughout, and shall have been constructed under and in conformity with the following requirements, to-wit: Such street, or portion of street, including curbing, shall be graded to the official grade throughout its entire width, and curbed in accord¬ ance with specifications contained in Ordinance No. 1422, or such other specifications as hereafter may be be adopted, and macadamized or re¬ macadamized with first-class rock, in accordance with the specifications of said Ordinance No. 1422, or such other specifications as hereafter may be adopted, or in lieu of such macadamizing shall have been paved with bituminous sand rock in accordance with the provisions of said ordinance, or paved with Belgian blocks or compressed asphaltum or bituminous sand rock blocks, or stradamant pavement, in accordance with specifications therefor adopted by ordinance of said City Council. There must be also in such street a good and sufficient sewer, con¬ structed in accordance with the specifications for sewers and sewer work now adopted, or that may hereafter be adopted, for such work by said Council; and there must also be gas and water pipe mains laid in such street in a good and workmanlike manner and of suffi¬ cient size. Sec. 2. No street or portion of street shall be accepted until the Superintendent of Streets and the City Engineer certify to the City Council that such street has been fully constructed as provided by law and this ordinance, and to the satisfaction of said Superintend¬ ent of Streets and of said City Engineer, which certificate shall recite the nature of the improvements made, and the materials of which any existing roadway or curb is constructed; and it shall be the duty of Said Superintendent of Streets and of said City Engineer, whenever any street or portion of a street is entitled to acceptance, as provided by law and this ordinance, to file such certificate thereof with the City Clerk. Sec. 3. An ordinance entitled “An Ordinance Regulating the Ac¬ ceptance of Improved Public Streets in the City of Oakland.” numbered 1211, and approved October 3rd, 1890, is hereby repealed. Sec. 4. This ordinance takes effect immediately upon its passage and approval. (Approved Aug. 8, 1892. Vol. 4, p. 245.) OF THE CITY OF OAKLAND, CAL. 177 ORDINANCE No. 2088. AN ORDINANCE REGULATING THE GRANTING OF PERMISSION TO DO STREET WORK BY PRIVATE CONTRACT AND PRO¬ VIDING THE MANNER IN WHICH THE SAME SHALL BE DONE. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No permission to perform street work by private con¬ tract shall be granted, or if granted shall be valid unless the person applying for the same shall have (1) filed with the City Clerk plans and specifications for the work, prepared by the City Engineer and with the signature of the City Engineer endorsed thereon; (2) filed with the Superintendent of Streets a certified copy of said plans and specifica¬ tions and of the contract entered into between the contractor and the property owners; which said contract shall provide for the comple¬ tion of the work within a specified time, (which time may be extended by the City Council) and for the construction, in conformity with the plans prepared by the City Engineer and the specifications adopted by the City Council for street work of the character contracted for, and for the completion of the work to the satisfaction and acceptance of the Superintendent of Streets. Sec. 2. All street work done by private contract shall be in ac¬ cordance with the plans and specifications, to the line and grade estab¬ lished by the City Engineer, and shall be to the satisfaction and accept¬ ance of the Superintendent of Streets. Sec. 3. Upon completion of the work specified in the contract the contractor shall secure (1) from the City Efigineer, the engineer’s certi¬ ficate, which shall state the work has been done to the established line and grade; (2) from the Superintendent of Streets, the Street Super¬ intendent’s certificate, which shall state that the work has been done in conformity with the plans and specifications and to the satisfaction and acceptance of the Superintendent of Streets. Sec. 4. The City Engineer shall receive for the services performed by him, in connection with private contracts, granted pursuant to the terms of this ordinance, the same fees as are now allowed or shall be hereafter allowed by ordinance for engineering work in connection with public contracts. Sec. 5. The Street Superintendent shall have the same power to appoint a suitable person to superintend construction as is or may be vested in the Street Superintendent by the general law of the State of California in the case of public contracts and the compensation of such person shall be the same as for special superintendents employed under public contracts. Sec. 6. The Street Superintendent shall collect all fees due for 178 GENERAL MUNICIPAL ORDINANCES printing’, engineer’s fees and special superintendent's compensation, and shall not issue to the contractor the Street Superintendent’s cer¬ tificate hereinbefore provided for, until the fees above mentioned are paid. Sec. 7. Any person, firm or corporation who shall collect money or attempt to collect money for work done under any private contract granted pursuant to the terms of this ordinance, until the certificates of the City Engineer and Street Superintendent shall have been issued, as hereinbefore provided for, or who shall violate or attempt to violate any of the provisions of this ordinance, shall be denied the privilege of thereafter doing any kind of street work in the City of Oakland. Sec. 8. Ordinance No. 1923 of the City of Oakland, approved Au¬ gust 27th, 1898, and Ordinance No. 2007 of the City of Oakland, approved August 12th, 1899, and all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Sec. 9. This ordinance shall take effect immediately. (Approved, June 15th, 1901. Vol. 5, p. 548.) ORDINANCE No. 1460. AN ORDINANCE REGULATING THE REMOVAL OF BUILDINGS ON, OVER OR THROUGH PUBLIC STREETS AND HIGH¬ WAYS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person, firm or corporation shall remove or cause to be moved any building in the City of Oakland, on, over or through any public street or highway therein, except having first complied with the provisions hereof. Sec. 2. Any person, firm or corporation desiring to remove or cause to be removed any building shall first obtain the written assent to such removal from persons owning a majority of front feet of lots in the same block on the same street in which it is proposed to locate such building to be removed, and also of persons owning a majority of front feet opposite the proposed location and within 150 feet of the same; provided, how r ever, that the foregoing provisions shall not apply to any person removing a building upon his own premises and not going upon the premises of any other person, or upon any street, alley, or other public place in making such removal; and provided, further, that in case the consent hereinbefore provided for cannot be obtained, then such removal may be made after consent obtained from the Council. (Amendment approved October 2, 1894. Vol. 4, p. 611.) OF THE CITY OF OAKLAND, CAL. 179 Sec. 3. No. person, firm or corporation shall move, or cause to be moved, on, over or through any public street or highway in said city any building without first obtaining from the Board of Public Works a permit in writing so to do. Such permit shall be issued only upon presentation of the written assent to the removal of such build¬ ing as provided for in Section 2 of this ordinance, and shall not be issued until after the person, firm or corporation so applying therefor shall have first delivered to the Tax Collector a bond, running to the City of Oakland, in the sum of $500, with at least two good and suf¬ ficient sureties, approved by the Mayor and City Attorney, which bond shall be conditioned that the party so desiring to move buildings in said City will strictly comply with all the conditions and requirements of this ordinance and of any ordinance hereafter passed regulating house moving, and of any order, rule or regulation concerning house mov¬ ing that may hereafter be passed by the Board of Public Works, and that said party will pay any and all damages which may result by reason of any house moving in the City of Oakland by said party, his agents, employees or workmen, to any fence, tree, pavement, streets, sidewalk, horse car, cable, electric or steam railroad line, or to any telegraph pole or wire belonging to the City of Oakland, or belong¬ ing to any telegraph or telephone company having a franchise in said city, and conditioned further that said party, said principal, will save, indemnify and keep harmless the City of Oakland against all liabil¬ ities, judgments, costs and expenses which may in any wise accrue against said city in consequence of the granting of such permit, and will in all things strictly comply with the conditions of such permit. Any such bond filed by any person, firm or corporation shall operate as a bond for the purposes required by this ordinance for the term of one year from the date of filing thereof, in so far that no other or additional bond need be given by such party for the removal of houses in said city during the said period of one year, and at the expiration of said year a new bond shall be required to be filed by such party before the issuance to such party of any permits hereunder. Such permit shall specify the character of the building to be moved, the place from which and to which said building is to be moved, and the streets on, over or through which such removal may be made; and said building shall not be moved on, over or through any other streets, except those named in said permit. Said permit shall not be issued until after payment of the sum of ten dollars therefor to the Secretary of the Board of Public Works. (Amendment approved April 29, 1903. Vol. 6, p. 68.) Sec. 4. All removals made under such permits shall be done in a careful manner, and shall be prosecuted with dilligence, and shall be under the superintendence and control, and to the satisfaction and approval of the Board of Public Works. Sec. 5. No person, firm or corporation owning or having charge of the removal of any building through the public streets, shall permit said building to be or stand on any street, lane, alley or public grounds i8o GENERAL MUNICIPAL ORDINANCES within the limits of one block for a longer period than twenty-four hours. Sec. 6. No person, firm or corporation owning or having charge of the removal of any buliding through the public streets, shall allow or cause the injury of any street, sidewalk, curb, tree, fence or private or public property by reason of such removal. Sec. 7. No person, firm or corporation owning or having charge of the removal of any building shall bermit the same to obstruct any horse car, cable road or electric road in operation, nor the line of any steam railroad, except between the hours of 1 a. m. and 5 a. m. Sec. 8. When the cutting or temporary removal of any pole or poles or of any public or private telepgraph, telephone, electric light wire, or any other wire passing along or over any street, lane or alley, becomes necessary for the removal of any building, the person in charge of such removal, at least six hours in advance of reaching the same, shall notify the person having charge of and control over such wire or wires, and the person so notified shall cause such wires to be promptly cut or removed and replaced. Provided, however, that in every case in which the cutting of the wires of the City of Oakland many be necessary the City Electrician shall be notified, and he shall have the wires cut and replaced, the person or persons having charge of the removal of the buildings paying the entire cost and expense of the cutting, removal and replacing of the same. Sec. 9. Every person violating any provision of this ordinance is guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not to exceed one hundred dollars; and in case such fine be not paid then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Sec. 10. The City Council may, at any time, for such cause as they, or a majority of them, upon investigation, may deem sufficient, revoke any permission or license granted under this ordinance; and it is specially ordained and declared that all such permits and licenses granted in accordance with the provisions of this ordinance, although granted for the nominal term of one year, are held at the pleasure of said City Council. Sec. 11. An ordinance entitled “An Ordinance Regulating the Re¬ moval of Buildings in Public Streets and Places,” approved November 18, 1891, is hereby repealed. Sec. 12. This ordinance shall take effect immediately upon its ap¬ proval. (Approved September 30, 1892. Vol. 4, p. 288.) OF THE CITY OF OAKLAND, CAL. 181 ORDINANCE No. 1221. AN ORDINANCE TO REGULATE THE ISSUANCE OF PERMITS BY THE BOARD OF PUBLIC WORKS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All permits granted by the Board of Public Works shall be in writing, and shall be issued by the Secretary of said Board. (Amendment approved August 25, 1892.) Sec. 2. All permits issued by said Board shall specify the date of issuance, name of person to whom issued, the act or acts to do which permission is granted, the place where and the time within which such act or acts are to be done, and may also contain such particular di¬ rections as to the manner of doing such work as the Board in its dis¬ cretion may prescribe. Sec. 3. (Repealed by Ordinance No. 2163.) Sec. 4. A classified record and alphabetical index of all permits shall be kept by said Board in proper books prepared for the purpose. 'Sec. 5. This ordinance shall take effect immediately upon its ■approval. (Approved October 30, 1890. Vol. 3, p. 532.) ORDINANCE No. 1869. AN ORDINANCE REGULATING THE HEIGHT OF AWNINGS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person to erect or maintain or to cause or permit to be erected or maintained, upon or over any sidewalk within the City of Oakland, any awning the height of which above such sidewalk, shall be less than seven (7) feet. Sec. 2. Every person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punshed by a fine of not to exceed one hundred ($100.00) dollars, and in case such fine be not paid, then by imprisonment in the City Prison at the rate of one (1) day for each two ($2.00) dollars of the fine so imposed and remaining unpaid. Sec. 3. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. Sec. 4. This ordinance shall take effect immediately upon its ap¬ proval. (Approved Feb. 1, 1898. Vol. 5, p. 228. 182 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1482. AN ORDINANCE TO PROHIBIT THE ERECTION OR MAINTE¬ NANCE OP WOODEN AWNINGS OVER OR UPON THE SIDE¬ WALKS OF A CERTAIN STREET IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall erect or maintain any wooden awning over or upon any sidewalk of such portion of that public street or thoroughfare situated in the City of Oakland and officially designated and known by the name of “Broadway,” as lies between the center line of Seventh street and a point on said “Broadway” two hundred feet south of the southerly line of First street. Sec. 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every dollar of the fine so imposed. Sec. 3. This ordinance shall take effect sixty days from and after its approval. (Approved Dec. 16, 1892. Vol 4, p. 340.) ORDINANCE No. 1602. AN ORDINANCE DECLARING AND DETERMINING THE GEN¬ ERAL SPECIFICATIONS FOR THE CONSTRUCTION OF PIPE SEWERS, MANHOLES, LAMPHOLES, CATCHBASINS AND FLUSH TANKS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. The general specifications for the construction of pipe sewers, manholes, lamp holes, catch basins and flush tanks shall be, and are hereby, determined to be as follows: Excavation. Article 2. The width of trench from top to bottom shall be eight no tunneling to be allowed except by special permission of the proper official. Article 2. The width of trench from top to bottm shall be,eight inches wider on each side than the exterior diameter of the pipe. OP THE CITY OF OAKLAND, CAL. 183 Article 3. The sides of trench shall parallel to, and at an equal distance on each side of the center line of sewer as surveyed by the City Engineer or his deputy. Article 4. The bottom of trench shall be graded to the exact grade, which shall be obtained by measuring with a rod from a fine string drawn tightly, parallel with the grade, to the bottom grade for the outside of pipe; said string to be stretched between grade planks, which shall be at least two inches thick; said planks to be laid level and at right angles across trench from grade stakes set by the City Engineer. Article 5. Crosscuts deep enough to receive the sockets of pipes shall be cut in the bottom of trench so the pipe will not rest on the sockets or collars. Article 6. The sides of trench shall be supported with suitable planking and bracing whenever necessary. Article 7. Where the trench is in rock the excavation must be six inches below grade; and the bottom brought to grade with earth well rammed. Article 8. Whenever the bottom of the trench comes in mud or quicksand, the bottom must be made solid by replacing the mud or quicksand with earth or sand, or by plank or timber, sufficient to en¬ sure a firm foundation. Article 9. Where there is macadam on the line of excavation the rock shall be kept in separate piles from the earth, and in refilling the macadam must be handled with a close-tined fork, separating the fine rock from the coarse rock. The coarse rock shall be replaced first and the fine rock placed on top. The rock must then be rolled with a roller of at least four tons weight. Pipe. Article 10. The pipes shall be designated by their interior diameter. They shall be of the best quality of vitrified iron-stone, with sockets thoroughly burned and free from cracks or other defects. Article 11. The pipe shall be thoroughly glazed on exterior and interior surfaces. Article 12. The pipe shall not vary from a true cylinder more than one-twelftli (1-12) of an inch for each three (3) inches of diameter of pipe. Article 13. The thickness of pipe shall be no less than the fol¬ lowing: For six inches diameter % of an inch. For eight inches diameter % of an inch. For ten inches diameter % of an inch. For twelve inches diameter % of an inch. For fourteen inches diameter one inch. For sixteen inches diameter 1% inches. For eighteen inches diameter iy± inches. 184 GENERAL MUNICIPAL ORDINANCES For twenty inches diameter 1% inches. For twenty-two inches diameter 1% inches. For twenty-four inches diameter 1% inches. Article 14. All pipe before being laid shall be examined by the Superintendent of Construction. The pipe must be of proper dimensions, must be straight, must be free from cracks, must be thoroughly glazed, as required by Article 11. All lumps and scales must be scraped off from the inner surface with a trowel or other in¬ strument by the contractor before the pipe is brought near the trench. (Laying Pipe.) Article 15. The pipe must be sounded for cracks, which will not be allowed in the work. All pipes must be fitted together and matched before being lowered into the trench, so as to secure the truest line possible on the bottom of the interior of the pipes. They must be marked when in this position and laid in the trench as marked. Article 16. Each pipe must lie on the grade of trench and the spigot end be bedded in the cement mortar in the socket of the pipe previously laid; said cement mortar to extend auound the inside of said socket on the lower half of the circle. Care must be taken that the lower inside surfaces of the pipes are flush or even. Article 17. The outsides of sockets must be bedded also in mortar laid in the crosscuts previously cut in the trench. Article 18. The pipe must be pressed along into the socket so that the spigot end will be at most one-fourth inch from the shoulder of the socket. After the pipe is properly on grade and line the socket of the preceding pipe must be filled all around with cement mortar and pressed in with the hand-filling mortar flush with outside of socket and one inch on body of entering pipe. Article 19. As soon as the pipe is laid and cemented, fine earth, gravel or sand must be pressed under the sides of the pipe and half way up the sides of the pipe before the next pipe is laid. Article 20. After the pipe is in place the joint inside must be scraped with a circular disc or swab to remove any surplus cement and to smooth the joint inside or a sack filled with straw, to fit the pipe closely and with a rope attached to pull the sack through each joint as it is laid, may be used. Article 21. Any pipe which has been disturbed after the cement has set must be taken up, the joints cleaned and relaid with new ce¬ ment mortar. Article 22. No part of the sewer shall be laid in water, nor any water allowed in or around the pipe until the cement has set and the pipe is covered with at least one foot of earth. The contractor must provide a pump or other means of keeping water from the work. (Cement Mortar.) Article 23. The cement mortar shall be composed of the best quality of fresh Portland cement mixed dry with clean, sharp sand in OF THE CITY OF OAKLAND, CAL. 185 the proportion of one part of cement to two parts of sand; after being thoroughly mixed, water enough to be added to admit of stirring. No mortar which has been standing over one hour to be used. Article 24. No lime or lime mortar allowed in or about the work. (Refilling.) Article 25. After the pipes have been properly laid the space above the center of pipe and between them and the sides shall be filled with fine earth or sand, both sides being filled at the same time and carefully tamped with small iron tampers so as not to jar or dis¬ turb the pipe. But no filling shall be done until the work has been in¬ spected and approved by the proper officer whose duty it is to in¬ spect and approve the same. After the filling is made as above to a height of eighteen (18) inches above the top of pipe the trench may be filled and settled with water. If water cannot be obtained, the filling shall be filled in layers of earth and sand of not more than one (1) foot in thickness, spread evenly and tamped thoroughly on each layer. (Y Branches.) Article 26. Y branches only shall be used for the side connect¬ ions which shall be constructed at such places as may be called for in the Order of Work. The openings in the Y branches shall be closed with terra cotta covers where they are not used before filling the sewer, said Y branches to be laid and cemented in the same manner as the main pipes; the covers in branches to have the joints puttied with cement mortar on the outside only. Each Y branch shall have .a stake immediately over it in the ditch, the stake to be driven in the side of the ditch near the surface, the stake to be three inch by four inch redwood, by two feet long. (Manholes.) Article 27. Manholes shall be constructed along the line of the sewers at such places as may be designated in the Order of Work. They shall be constructed of hard bricks laid in cement mortar. No bats or ill-shaped bricks to be allowed. The bottom shall be of brick or concrete. The thickness of the wall shall be eight inches. The bottom shall be elliptical in form, three by four feet in the •clear, drawing to a circle at the top of the brick work. Particular care must be taken in forming the bottom of manholes to make the •curves of tributary sewers as easy as possible. The top shall be cov¬ ered with perforated cast-iron cover with dust pan underneath. The manhole shall conform in all respects to the detail drawing filed with plans. If the brick ventilating form be used it shall conform to the plan now on file in the office of the City Clerk, and the flue shall be filled with charcoal of the proper quality and size and cover cemented on. Article 28. Whenever the ground is too soft for the foundation, the manhole is to be laid on a two (2) inch redwood floor, full size ‘Of manhole outside. i86 GENERAL, MUNICIPAL ORDINANCES Article 29. Walls of manholes to be such that a vertical section will show a straight line from the bottom to the top of the interior sur¬ face. Article 30. All brick shall be thoroughly sprinkled with water immediately before laying and shall be laid in cement mortar com¬ posed of one part cement to three parts clean, sharp sand. Article 31. The surfaces of manholes shall be plastered with cement mortar one-half inch thick, composed of one part cement to one part clean, sharp sand. The surface of the walls to be brushed clean and smooth after applying the cement plaster. Article 32. Whenever the manhole is above the surface, as in the case of a street which is below the official grade, the outside of man¬ hole above the surface, to be plastered same as the inside. (Lamp Holes.) Article 33. Lamp holes shall be constructed by placing an 8-inch T branch vertically in the sewer and bringing it up near to the street surface, by adding pipes of the same diameter, the pipes to be connected and laid with the same care as in the sewer. The top shall be protected by a suitable cover and the lamp hole constructed in all respects to conform to the detailed drawing furnished w T ith plans. If the iron ventilating form be used, it shall conform in all respects to the plan on file in the office of the City Clerk and shall be constructed with the same care and attention to detail as the rest of the work. The flue shall be filled with charcoal of the proper qual¬ ity and size, and the cover cemented in. (Flush Tanks.) Article 34. Flush tanks shall be constructed of hard-burned brick carefully laid in cement mortar, so as to be water tight. For kind, form, size and details, see drawings furnished with plan of work. The water supply pipe within the flush tank and extending through the wall and one foot outside, together with suitable brass stop-cocks for regulating the water supply, shall be furnished by the contractor. The flush tanks shall be constructed in the positions designated on the plan of work. (Catch Basins.) Article 35. Catch-basins shall be constructed in all respects in conformity with the detailed drawings accompanying the plan of work and built in the position designated on plan. Brick work to be of the same character as that for manholes. If the ventilating form be used they shall be constructed to conform in all respects with the plan on file in the office of the City Clerk and the supplemental flue shall be filled with charcoal of proper size and quality, in the same manner as for ventilating manholes. OF THE CITY OF OAKLAND, CAL. 187 (General Provisions.) Article 36. Whenever the word cement is used in these specifi¬ cations the best quality of fresh Portland cement is to be understood, subject to the approval of the City Engineer and the Superintendent of Streets. Lumpy cement must be rejected. Article 37. All lumber that may be used in securing a founda¬ tion, shall be black heart redwood. Article 38. All rejected material must be at once removed from the street. Article 39. All water and gas pipes to be properly supported where crossing or lying along the trench. Article 40. All work done and material furnished to be under the direction of and satisfactory to the Superintendent of Streets and the City Engineer of the City of Oakland, in their respective capacities as provided by law. Article 41. All work is to be done in a skillful and workmanlike manner, and in strict accordance with the true intent and meaning of the specifications; and such additional specifications as may be neces¬ sary to cover special matters and unusual cases, shall be included in the Order of Work whenever demanded. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved Apr. 14, 1894. Vol. 4, p. 543.) ORDINANCE No. 1609. AN ORDINANCE IMPOSING A GROUND RENTAL OF $2.50 PER ANNUM FOR EACH TELEGRAPH OR TELEPHONE POLE ERECTED OR USED BY TELEGRAPH, TELEPHONE OR RAIL¬ ROAD COMPANIES IN THE STREETS, ALLEYS OR PUBLIC PLACES OF THE CITY OF OAKLAND, AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF; AND RE¬ QUIRING ALL SUCH COMPANIES USING POLES IN THE STREETS, ALLEYS OR PUBLIC PLACES OF SAID CITY TO KEEP $50 ON DEPOSIT WITH THE CITY TREASURER, SUB¬ JECT TO THE ORDER OF THE BOARD OF PUBLIC WORKS, TO PAY FOR CERTAIN REPAIRS TO SAID STREETS, ALLEYS OR PUBLIC PLACES, AND PROVIDING FOR THE ENFORCE¬ MENT THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. From and after the first day of July, 1894, every telegraph, telephone or railroad company doing business in the City x88 GENERAL MUNICIPAL ORDINANCES of Oakland shall pay to said city for the privilege of using the streets, alleys and public places thereof, the sum of $2.50 per annum for each and every telegraph or telephone pole erected or used by it in the streets, alleys or public places of said city. Section 2. Every such telegraph, telephone, or railroad company shall deposit with the City Auditor on the first day of June of each year, a verified statement showing the number of poles erected or used by it in the streets, alleys or public places of said city since the first day of July next prior thereto. Section 3. The Auditor shall copy and record said statement in a book kept by him for that purpose and shall then file the same with the City Clerk. It shall be the duty of the Auditor to ascertain the correctness of said statement, or if none be deposited with him, he shall ascertain the facts desired from such a statement. If the state¬ ment be correct, the Auditor shall furnish a memorandum of its con¬ tents to the City Treasurer. If it be incorrect, or if no statement shall have been deposited with the Auditor as herein provided, the mem¬ orandum shall be in conformity to the facts as ascertained by him. Section 4. If any telegraph, telephone or railroad company shall fail to deposit the statement as required by Section 2 hereof, or shall report therein a less number of poles than is required by said Section 2, the Auditor shall set forth such facts in the said memorandum, and the Treasurer shall collect from such company, at the same time with the payment provided for in Section 1 hereof, the sum of fifty cents additional for each pole of such company failing to report, or if re¬ porting, omitted from its statement. Section 5. The payments provided for in Sections 1 and 4 hereof, shall be made to the City Treasurer between the tenth day and the twentieth day of June of each year, and shall be placed by him in the General Fund and shall correspond in amount with the memorandum furnished by the Auditor. Section 6. In case default is made in any payment as provided by this ordinance, the Treasurer shall at once notify the City Attorney of that fact, who shall immediately commence and conduct necessary proceedings in the proper court in behalf of the city for the collection of the amount remaining unpaid. Section 7. Every such telegraph, telephone or railroad company shall keep on deposit with the City Treasurer the sum of $50.00, sub¬ ject to the order of the Board of Public Works, to be used by said Board in restoring any sidewalk, gutter, street, alley or public place injured or displaced in the erection, alteration, repair or removal of any pole of such company, when such company refuses or fails to make such restoration to the satisfaction of the Superintendent of Streets. Any company failing to make such deposit within thirty days after the approval of this ordinance, or within five days after com¬ mencing business, if a new company, or which shall fail to make good the amount when any portion of it has been expended as herein pro¬ vide^ within five days after notice to such company by the said Super- OF THE CITY OF OAKLAND, CAL. 189 intendent, shall be prohibited from erecting-, altering, repairing or removing any pole in any street, alley or public place until such deposit has been made as provided herein. Section 8. Any person, firm or corporation, or any employee or officer of any firm or corporation, who shall erect, alter, repair or remove, or who shall attempt to erect, alter, repair or remove any pole in any street, alley or public place in this city in violation of the provisions of Section 7 of this ordinance, shall be guilty of a mis¬ demeanor, and upon conviction thereof shall be fined a sum not ex¬ ceeding $250.00, and in case said fine be not paid, then by imprisonment in the City Prison at the rate of one day for each two dollars so im¬ posed and remaining unpaid. Section 9. This ordinance shall take efteect from and after its passage and approval. Section 10. All ordinance and. parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. (Approved June 19, 1894. Vol. 4, p. 559.) ORDINANCE No. 1617. AN ORDINANCE PROHIBITING THE USE WITHIN THE LIMITS OF THE CITY OF OAKLAND OF ANY CART, WAGON OR OTHER VEHICLE FOR THE PURPOSE OF CARRYING SAND, EARTH OR ROCK ON OR OVER THE PUBLIC STREETS OF THE SAID CITY UNLESS THE SAME IS TIGHT AND SO CONSTRUCTED AS TO PREVENT THE DEPOSIT OF SUCH SAND, EARTH OR ROCK, IN WHOLE OR IN PART, IN OR UPON THE PUBLIC STREETS THROUGH WHICH SAID CART, WAGON OR VEHICLE MAY BE DRIVEN. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any person to use within the limits of the City of Oakland any cart, wagon or other vehicle for the purpose of carrying sand, earth or rock on or over the public streets of the said city, unless the same is tight and so constructed as to prevent the deposit of such sand, earth or rock, in whole or in part, in or upon the public street through which said cart, wagon or vehicle may be driven. Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not to exceed one hundred dollars, and 190 GENERAL MUNICIPAL ORDINANCES in case said fine be not paid, then the person so fined may be im¬ prisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved July 3, 1894. Vol. 4, p. 572.) ORDINANCE No. 1626. AN ORDINANCE TO PREVENT THE OBSTRUCTION OF SIDE¬ WALKS BY WEEDS. GRASS AND OTHER VEGETABLE GROWTHS. Be it ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any person having the control, possession or ownership of any lot of land within the limits of the City of Oakland, to permit or allow the sidewalk in front of said lot of land to become obstructed by weeds, grass or other vegetable growth in such manner as to deface the sidewalk, impede travel or menace the public safety in the matter of fire. Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one hundred dollars; and in case said fine be not paid, then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in full force, from and after its passage and approval. (Approved September 8, 1894. Vol. 4, p. 598.) ORDINANCE No. 1683. AN ORDINANCE REQUIRING EVERY PERSON, COMPANY OR CORPORATION OWNING, CONTROLLING OR USING TELE¬ GRAPH OR TELEPHONE POLES LOCATED IN ANY PUBLIC ALLEY, STREET OR PLACE WITHIN THE LIMITS OP THE CITY OF OAKLAND, TO NUMBER SUCH POLES AND TO HAVE THE NAME OF THE OWNER OR OWNERS THEREOF PAINT¬ ED ON SAID POLES AND PROVIDING A PENALTY FOR VIO¬ LATION OF THE PROVISIONS THEREOF. OF THE CITY OF OAKLAND, CAL. 191 Be it Ordained by the Council of the City of Oakland, as follows: Section 1. From and after the first day of June, 1895, every per¬ son, company or corporation owning, controlling or using telegraph or telephone poles located in any public alley, street or place within, the limits of the City of Oakland, shall number in consecutive numbers, beginning with the number one, with colored paint, in numericals not less than three and one half inches long, each and every such pole owned, used or controlled by such person, company or corporation, and shall paint on each one of said poles in colored paint in letters not less than one and one half inches in length, the name of the owner or owners of such pole. The said numbers and names shall be painted not less than three nor more than seven feet above the surface of the ground or other substance in which such poles are placed, Slection 2. If any person, firm or corporation shall refuse or neglect to paint the number or owner’s name upon any pole as required in Section 1 of this ordinance, it shall be the duty of the Chief of Police of this City of Oakland to notify the City Council of the fact of such refusal or neglect. Section 3. Any person, company or corporation violating any pro¬ vision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one hundred dollars, for every such telegraph or telephone pole belonging to or controlled or used by such person, company or corporation not so numbered and named. Section 4. This ordinance shall take effect and be in full force from and after the date of its passage and approval. (Approved June 6, 1895. Vol. 4, p. 686.) ORDINANCE No. 1704. AN ORDINANCE TO REGULATE THE USE OF THAT PORTION OF THE BOULEVARD ALONG THE EASTERN SHORE OF LAKE MERRITT EXTENDING FROM THE EAST LINE OF TWELFTH STREET, TO THE JUNCTION OF EAST EIGHT¬ EENTH STREET AND ATHOL AVENUE, IN THE CITY OF OAKLAND, AND TO PREVENT INJURY THERETO BY THE DRIVING THEREON OF HEAVILY LOADED VEHICLES. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person, firm or corporation to drive or place or cause to be driven or placed, any truck, cart, wagon or vehicle, loaded with or carrying wood, hay, grain, coal, iron, rock, earth, merchandise, or other freight, upon that certain street known as 192 GENERAL MUNICIPAL ORDINANCES the boulevard, extending from the east line of Twelfth street, to the junction of Edst Eighteenth street and Athol avenue, carrying a greatei weight than one thousand pounds in one load. Section 2. Any person, firm or corporation who violates this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars, ana in case said fine be not paid, then the person or persons so fined muy be imprisoned in the City Prison of the City of Oakland at the rate of one day for each two dollars of the fine so imposed and remaining unpaid. Section 3. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 4. This ordinance shall take effect and be in full force im¬ mediately upon its passage and approval. (Approved September 24, 1895. Vol. 4, p. 718.) ORDINANCE No. 1729. AN ORDINANCE PROVIDING FOR THE POSTING OF THE NAMES OF THE STREETS, AVENUES, PUBLIC PLACES, AND THOR¬ OUGHFARES. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. The name of each street, avenue and thoroughfare in the City of Oakland shall be placed on one corner of each cross street or avenue. The placing of names on public places shall be under the direction of the Board of Public Works. Section 2. The regulation sign shall be a redwood board, one inch thick by four inches wide, and eighteen inches long, painted black with white letters or figures, or a metallic sign with white enamel letters or figures. Section 3. It shall be the duty of the Superintendent of Streets to attend to the placing of signs as herein provided. Section 4. This ordinance shall take effect and be in full force from and after its approval. (Approved Feb. 21, 1896. Vol. 5, p. 30.) ORDINANCE No. 1752. AN ORDINANCE DECLARING AND DETERMINING THE GENERAL SPECIFICATIONS FOR THE CONSTRUCTION OF PRIVATE OR SIDE SEWERS IN THE CITY OF OAKLAND. OF THE CITY OF OAKLAND, CAL. 193 Be it Ordained by the Council of the City of Oakland, as follows: Section 1. The general specifications for the construction of private or side sewers shall be and are hereby determined to be as follows: Section 2—(Excavation)—Article 1. The ground shall be excavated in open trenches, no tunneling to be allowed except by special per¬ mission of the Inspectors. Article 2. Crosscuts deep enough to receive the sockets of pipes shall be cut in the bottom of trench so the pipe will not rest on the sockets or collars. Article 3. The pipes and fittings shall be designated by their In¬ terior diameter. They shall be of the best quality of vitrified ironstone, with sockets, thoroughly burned and free from cracks or other defects. Article 4. The pipe and fittings shall be thoroughly glazed on ex¬ terior and interior surfaces. All pipe before being laid shall be ex¬ amined by the sanitary inspectors. The pipe must be of the propcr dimensions, straight and free from cracks. AH lumps and scales must be scraped off from the inner surface with a trowel or other instrument by the contractor before the pipe is brought near the trench. Article 5. The pipe must be pressed along into the sockets so that the spigot end will be at most one-fourth inch from the shoulder of the socket. After the pipe is properly on grade and line the socket of the preceeding pipe must be filled all around with cement mortar and pressed in with the hand, filling mortar flush with outside of socket, and one inch on body of entering pipe. Article 6. As soon as the pipe is laid and cemented, fine earth, gravel or sand must be pressed under the sides of the pipe and hair way up the sides of the pipe before the next pipe is laid. Article 7. After the pipe is in place the joint inside must be scraped with a circular disk or swab to remove any surplus cement and tu smooth the joint inside. Article 8. Any pipe which has been disturbed after the cement has set must be taken up, and the joints cleaned and relaid with new cement mortar. Article 9. All joints on said iron-stone pipe shall be made with the best quality of fresh Portland cement, properly mixed with clean, sharp sand, the proportions thereof being one part cement and two- parts sand, subject to the approval of the Sanitary Inspectors. Lumpy cement must be rejected. Article 10. The diameter of the pipe from the sewer in the street to the property line must not be less than five (5) inches, except in the Golden Gate and Adeline sewer districts, where four (4) inch pipe may be used. The sewer must be land at a uniform grade throughout its entire length, and in as straight a line as possible. All changes in direction must be made with curved pipes, and all connections warn “Y” branches, and one-eighth or one-sixth bends. (Amendment ap¬ proved Aug. 27, 1897. Vol. 5, p. 165.) 194 GENERAL MUNICIPAL ORDINANCES Article 11. All persons before connecting with, or opening, or pen- etratating any public sewer or drain, must first obtain a permit in writing from the Board of Health. Every person constructing sewers must report to the office of the Board of Health every new sewer m course of construction or addition to a sewer already laid. And when said sewer or addition is completed he must fill the same with watti for the purpose of testing it, where it lies within the building lines, and report to said office when it is ready for inspection. In no^ case shall the sewer be covered at any point, either within or without the -building lines, until after the same has been inspected and accepted by the Inspector. Article 12. Every house or building hereafter erected must havt- the house drain constructed of cast iron, where it lies under the build¬ ing’, and to extend beyond said building or foundation w r alls not less than one foot, but when the house drain is outside the building lines it may be of iron-stone pipe. The house drain must have a fall of at least one-fourth of an inch to the foot. Article 13. All work is to be done in a skillful and workmanlike manner, and in strict accordance with the true intent and meaning of the specifications. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved May 22, 1896. Vol. 5, p. 65.) ORDINANCE No. 1770. AN ORDINANCE DECLARING IT UNLAWFUL TO THROW OR DEPOSIT TACKS, BROKEN WARE OR GLASS UPON THE SIDEWALKS, STREETS, AVENUES AND ALLEYS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any person to throw or deposit tacks, broken ware or glass upon the sdewalks, streets, avenues and alleys of the City of Oakland. Section 2. Any person violating this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $100.00, and in case said fine is not paid, then by imprisonment in the City Prison of the City of Oakland at the rate of one day for each two dollars of the fine so imposed and ramaining unpaid. Section 3. This ordinance shall take effect immediately (Approved Oct. 22, 1896. Vol. 5, p. 94.) OF THE CITY OF OAKLAND, CAL. 195 ORDINANCE No. 1825. AN ORDINANCE REGULATING SHADE TREES UPON THE STREETS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Every owner, lessee or tenant of property having 1 con¬ trol of any premises abutting upon any public street, lane or alley in the City of Oakland shall keep all shade trees located upon said premises trimmed of all branches or side limbs growing over or above the sidewalk for a distance of ten (10) feet above said sidewalk, and all shade trees located outside of and in front of or along the side of said premises trimmed as aforesaid for a distance of twelve (12) feet above the surface of the street, and the Superintendent of Streets Is hereby directed to see that the provisions of this ordinance are strictly enjforcecV Section 2. Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred ($100) dollars, and in case said fine, or any portion thereof, be not paid, then the person or persons so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one (1) day for every two (2) dollars of the fine so imposed and remaining unpaid. Section 3. This ordinance shall take effect and be in force imme¬ diately upon its passage and approval. (Approved Aug. 27, 1897. Vol. 5, p. 168.) ORDINANCE No. 1808. AN ORDINANCE REGULATING THE PAVING AND THE DIGGING? UP OR DISTURBANCE OF STREETS AND PUBLIC PLACES, FOR THE PURPOSE OF LAYING PIPES AND CONDUITS AND THE REFILLING OF EXCAVATIONS AND THE REPAIR OF _ STREET SURFACES,. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful to pave or macadamize any public street or place prior to the construction of a main sewer therein; also all necessary side sewer branches, which shall be built to the curb line. Said sewer shall be built in accordance with official plans and specifications, and under the supervision required by law, and a dia- 196 GENERAL MUNICIPAL ORDINANCES gram showing 1 the exact location of all side branches shall be kept on file in the office of the Superintendent of Streets. Section 2. Upon the passage by the City Council of a Resolution of Intention to improve any public street or place by macadamizing or re-macadamizing the same, or by constructing theron. a pavement of any description, it shall immediately become the duty of the Street Superintendent to notify all persons, firms or corporations known to be exercising the right and practice of laying pipes and conduits of any description in the public streets and places, to lay all main pipes or conduits, also all lateral or service connections needed for present or future use, to the inner curb line of the street, and to repair all existing pipes in any public street or place to be so improved, within twenty (20) days from date of notice; and it shall be the duty of the Super¬ intendent of Streets to notify all the owners of property upon the line of the street or place to be improved to make all sewer connections needed for present or future use to the inner curb line in front of their property, within thirty (30) days from date of notice. Section 3. After a Resolution of Intention has been passed by the City Council to pave, re-pave, macadamize or re-macadamize any public street or place, all persons, firms and corporations and property- owners shall, upon notice from the Superintendent of Streets, lay all main and lateral pipes or conduits needed for present or future use, within the time spcified in said notice. Section 4. After the expiration of the time stated in the notice served by the Street Superintendent, to any person, firm or corporation to lay sewer, gas or water pipes, telephone or electric light conduits, no permits shall be granted by the Secretary of the Board of Public Works to any of said parties to lay pipes or conduits of any descrip¬ tion, between the curb lines of any of the public streets or places which are paved, re-paved, macadamized or re-macadamized subsequent to the passage and approval of this ordinance unless said parties shall first execute and file with the Secretary of the Board of Public Works a bond, with two good and sufficient sureties, in the sum of $250 which bond shall be approved by the Mayor, conditioned that the portion of said roadway proposed to be dug up or disturbed shall be left in as good condition as that in which it existed prior to the issuance of the permit, and that all materials removed shall be carefully replaced; that all defects due to said digging up or disturbance, occurring within one year from date of the granting of the permit, shall be repaired by the applicant to the satisfaction of 'the Superintendent of Streets upon notice from said Superintendent of Streets or from the Board of Public Works; and further conditioned that said applicant will comply with all ordinances of the City of Oakland relating to the digging up or disturbance or obstruction of public streets. A diagram showing the location and extent of the proposed excavation shall be filed with the Secretary of the Board of Public Works, by any person applying for a permit to disturb any street or place within the provisions of this section. (Amendment approved July 24, 1901. Yol. 5, p. 575.) OP THE CITY OF OAKLAND, CAL. 197 Section 5. All excavations in streets now or hereafter improved with bituminous rock, asphalt, wood blocks, or vitrified brick laid on concrete foundation, shall be re-filled with special care with a view to prevent settlement of the back filling, and the excavation shall be covered with a layer of Portland cement concrete at least six inches thick, which shall have a bearing of at least twelve (12) inches on undisturbed ground on each side of the trench. The concrete shall consist of one part good Portland cement, three parts clean, sharp sand and five parts of two inch broken stone, watered, mixed and tamped to the satisfaction of the Street Superintendent or his In¬ spector, and maintained free from disturbance for at least five days, before being covered with the wearing surface of the pavement, which in all cases shall be of the same kind of material, but of best quality and equal in quantity, and laid on the same elevation throughout, as the original pavement existed before being disturbed. If required by the Street Superintendent, the wearing surface of the pavement in such case shall be composed of entirely new materials, which shall be laid in accordance with the official specifications for such pavement. Section 6. All persons, firms or corporations who may make ex¬ cavations in any public street or place under the provisions of this ordinance, shall in case of opening a street having a concrete founaa- tion notify the Superintendent of Streets in writing, at least twenty- four hours before the day in which said persons, firms or corporations are to re-fill said street, whereupon at the time stated in said notice, the Superintendent of Streets shall provide an Inspector to super¬ intend the execution of the work, whose compensation shall not exceed $3.00 per day, which compensation shall be paid in full by the person, firm or corporation doing said work. The said parties so re-filling said excavation shall at the time of the notice to the Street Super¬ intendent deposit wfith him the sum of $50, or such other less sum aa the Street Superintendent may require, and upon the satisfactory completion of the work, the said Street Superintendent shall remit to said person, firm or corporation the said sum of money so depos¬ ited, less the amount chargeable for the services of said Inspector, at the rate of $3.00 per day; and the said Superintendent shall certify the completion of the work to the Secretary of the Board of Public Works. Section 7. Nothing herein shall be construed as preventing the laying of gas or water pipes between the curb line and property line of any street, provided said pipe shall not exceed 2 7/ internal in diameter, and provided further, that the consent of the property owners in front of whose premises said pipe is to be laid, shall be first ob¬ tained. Section 8. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. Section 9. Every person violating any requirement of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon conviction 198 GENERAL MUNICIPAL ORDINANCES thereof shall be punished by a fine not exceeding- $300.00 and in case said fine be not paid, then by imprisonment at the rate of one day for every $2.00 of the fine so imposed. Section 10. This ordinance shall take effect immediately upon its passage and approval. (Approved June 12, 1897. Vol. 5, p. 143.) ORDINANCE No, 1999. AN ORDINANCE REQUIRING EVERY PERSON, COMPANY AND CORPORATION SUPPLYING WATER TO THE CITY OF OAK¬ LAND, OR TO ITS INHABITANTS, TO REPAIR LEAKS IN HIS OR ITS WATER PIPE LOCATED WITHIN THE PUBLIC STREETS, DESIGNATING THE MANNER OF MAKING, AND- THE CHARACTER OF MATERIAL TO BE USED IN FILLING, CERTAIN EXCAVATIONS, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared unlawful for any person, company or corporation supplying water to the City of Oakland, or to its in¬ habitants, to permit a leak to exist in any of his or its pipes within any public street in this city for more than twenty-four (24) hours after notice of said leak has been given to such person, company or corporation. Section 2. Said notice shall be given in writing by the Superin¬ tendent of Streets, or by any person authorized so to do by said Super¬ intendent of Streets. Section 3. All excavations made in streets for the purpose of stop¬ ping leaks in water pipes shall be made in such a manner as not to unnecessarily interfere with the convenient public use of such streets. All such xcavations shall be filled to the original surface of the street with dry dirt, and said filling shall be thoroughly tamped or rolled so as to permanently conform to the original surface. Section 4. Any person, company or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misde¬ meanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred ($100) dollars, and in case such fine be hot paid, then by imprisonment in the City Prison at the rate of one (1) day for every two ($2) of the fine so imposed and remaining unpaid. Section 5. This ordinance shall take effect immediately. (Approved August 1, 1899. Vol. 5, p. 407.) OP THE CITY OP OAKLAND, CAL. 199 ORDINANCE No. 2050. AN ORDINANCE ADOPTING AND ESTABLISHING OFFICIAL CURB GRADES ON STREETS INCLUDED IN WHAT IS COMMONLY KNOWN AS “THE ANNEXED DISTRICT.” Be it Ordained by the Council of the City of Oakland, as follows: Section 1. For the purpose of establishing the official curb grades of each of those streets included within what is commonly known as “The Annexed District’’—annexed tO' the City of Oakland in June, 1897, that certain map filed in the office of the City Clerk of the City of Oakland, June 4, 1900, and entitled, “Map Showing the Official Curb Grades in the Territory Annexed to the City of Oakland June 1897—R. M. Clement, City Engineer,” is hereby adopted, and each and all the curb grades thereon designated are hereby adopted as and for the official curb grades on said respective streets, and they and each c*r them as thereon marked and designated are hereby established and declared to be the official curb grades at the elevations above city base thereon indicated. Section 2. This ordinance shall take effect immediately. (Approved July 7, 1900. Vol. 5, p. 479.) ORDINANCE No. 2142. AN ORDINANCE DECLARING THAT THAT PORTION OF TWELFTH STREET AND EAST TWELFTH STREET COM¬ MONLY KNOWN AS THE TWELFTH STREET DAM, EXTEND¬ ING FROM THE WESTERN LINE OF FALLON STREET EX¬ TENDED NORTHERLY ACROSS SAID TWELFTH STREET, EASTERLY TO THE EASTERN LINE OF THE BOULEVARD ON THE EASTERN SHORE OF LAKE MERRITT, EXTENDED SOUTHERLY ACROSS SAID EAST TWELFTH STREET, TO BE A PUBLIC BOULEVARD, AND ESTABLISHING THE SAID PORTION OF SAID TWELFTH STREET AND EAST TWELFTH STREET AS A PUBLIC BOULEVARD. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All that portion of Twelfth street and East Twelfth street situated in the City of Oakland, County of Alameda, State of California, commonly known as the Twelfth Street Dam, extending 1 200 GENERAL MUNICIPAL ORDINANCES from the western line of Fallon street extended northerly across said Twelfth street, easterly to the eastern line of the Boulevard on the eastern shore of Lake Merritt, extended southerly to the southerly line of East Twelfth street, is hereby declared to be and is hereby established as a public boulevard, to be hereafter used and maintained subject to such rules and regulations as may be hereafter adopted' by ordinance of this Council and approved by the Board of Public Works of the City of Oakland. Section 2. This ordinance shall take effect and be in full force immediately upon its passage and approval. (Approved June 11, 1902. Vol. 5, p. 662.) ORDINANCE No. 2200. AN ORDINANCE ACCEPTING THE DEDICATIONS, AND OFFERS OF DEDICATION, HERETOFORE MADE OF LAND FOR PUB¬ LIC STREET PURPOSES, NOW WITHIN THE CITY OF OAK¬ LAND; DECLARING THE NECESSITY OF THE SAME FOR THE PUBLIC TRAVEL AND USE, AND DIRECTING THE RE¬ MOVAL OF ALL OBSTRUCTIONS THEREFROM,. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All dedications, and all offers of dedication, heretofore made of land for public street purposes, now within the City of Oak¬ land, are hereby accepted, and the lands to which reference is made in such dedications, and in such offers of dedication, are hereby de¬ clared to be public streets, and necessary for the public travel and use. The Board of Public Works is hereby authorized and directed to cause the removal of all obstructions from the lands to which the foregoing acceptance refers. Section 2. This ordinance shall take effect from and after its passage and approval. (Approved June 18, 1903. Vol. 6, p. 79.) ORDINANCE No. 2222. AN ORDINANCE REGULATING THE HEIGHT AND MAINTEN¬ ANCE OF FENCES OF WOOD OR OTHER INFLAMMABLE MATERIAL WITHIN THE CITY OF OAKLAND, AND PROVID¬ ING FOR PENALTY FOR VIOLATIONS THEREOF. OF THE CITY OF OAKLAND. CAL. 201 Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person, company or cor¬ poration to maintain any fence of wood or other inflammable material now constructed and abutting the sidewalk, or within ten (10) feet of the inner line of the sidewalk, of a height exceeding ten (10) feet. Section 2. Any person, company or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misde¬ meanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred (100) dollars; and in case said fine be not paid, by imprisonment at the rate of one day for every two (2) dollars oi the fine so imposed. Section 3. All ordinances and parts of ordinances in so far as they conflict with the provisions of this ordinance are hereby repealed. 'Section 4.. This ordinance shall take effect and be in full force upon its approval. (Approved Sept. 16, 1903. Vol. 6, p. 117.) ORDINANCE No. 1829. AN ORDINANCE REGULATING THE USE OF BICYCLES, TRI¬ CYCLES AND VELOCIPEDES WITHIN THE LIMITS OF THE CITY OF OAKLAND, AND TO REPEAL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any person or persons to ride upon the sidewalk of any public street, lane oi alley, or within any public park or square within the limits of the City of Oakland, any bicycle, tricycle or velocipede between sunset and one o’clock a. m. Section 2. Every person riding a bicycle, tricycle or velocipede upon the sidewalk of any public street, lane or alley or within any public square within the limits of the City of Oakland during hours within which the same is permitted under the terms of this ordinance, shall upon meeting or overtaking any person walking or standing thereon, so change the course of said vehicle as to leave the entire width of the cement, wooden or bituminous portion of said sidewalk to the person so walking or standing thereon, or if not practicable so to do, said rider shall dismount in passing or overtaking such person, provided that the provisions of this ordinance shall not apply to chil¬ dren under ten years of age riding a child’s tricycle. Section 3. Every person riding a bicycle, tricycle or velocipede in the night time in any public street within the limits of the City 202 GENERAL MUNICIPAL ORDINANCES of Oakland must have a lamp and bell attached thereto or a whistle in his possession, and must keep said lamp lighted and must keep said bell ringing or whistle blowing loudly and continuously immediately before reaching and while traversing any public street crossing. Section 4. No person shall within the limits of said city ride any such bicycle, tricycle or velocipede at a speed to exceed eight miles per hour. Every person riding a bicycle, tricycle or velocipede shall in all cases turn to the right on passing any other wheel or vehicle and shall keep to the right of the center line of the street, excepting when such person crosses the same upon any street intersection or for the purpose of stopping and dismounting at such place as he may desire. Section 5. Every person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hun¬ dred ($100.00) dollars for each offense, and in case said fine be not paid, then the person or persons so fined shall be imprisoned in the City prison of the City of Oakland at the rate of one day for each two ($2.00) dollars of the fine so imposed and remaining unpaid. Section 6. An ordinance entitled “An Ordinance Regulating the Use of Bicycles, Tricycles and Velocipedes Within the Limits of the City of Oakland,” approved May 9, 1892; also an ordinance entitled “An Ordinance Regulating the Speed of Bicycles, Tricycles and Ve¬ locipedes Within the Fire Limits of the City of Oakland, and Providing a Penalty for the Violation Thereof,” approved November 25, 1895, and all other ordinances and parts of ordinances in conflict with the pro¬ visions of this ordinance are hereby repealed. Section 7. This ordinance shall take effect and be in force from and after its approval. (Approved September 28, 1897. Vol. 5, p. 173.) ORDINANCE No. 1836. AN ORDINANCE REGULATING THE HOLDING OF PUBLIC MEETINGS IN ANY PUBLIC STREET, SQUARE, PARK, LANE, ALLEY, COURT, OR OTHER PUBLIC PLACE, OR AT OR IN FRONT OF THE ENTRANCE TO ANY PUBLIC BUILDING SITUATED WITHIN THE FIRE LIMITS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unawful for any person or persons to conduct or take part in any public meeting held on any public street, or in any square, park, lane, alley, court or other publie OF THE CITY OF OAKLAND, CAL. 203 place, or at or in front of the entrance to any public building within the fire limits in the City of Oakland, unless permission to hold such public meetings shall first have been obtained, in writing, signed by at least two of the following named persons, viz.: The Mayor, Chief of Police and President of the City Council. Such permission in writing shall designate the time and place, when and where such meeting shall be held. / Section 2, Any person violating any provisions of this ordinance shall 1 be fined in a sum not to exceed one hundred ($100.00) dollars, and in case said fine be not paid, then the person or persons so fined shall be imprisoned in the City Prison of the City of Oakland at tne rate of one (1) day for every two (2) dollars of the fine so imposed or remaining unpaid. Section 3. Ordinance No. 1676, entitled “An Ordinance Regu¬ lating the Holding of Public Meetings on any Public Street Situated Within the Fire Limits in the City of Oakland,” approved March 21st, 1895, and all ordinances in conflict herewith, are hereby repealed. Section 4. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved October 20, 1897. Vol. 5, p. 185.) ORDINANCE No. 1945. AN ORDINANCE REGULATING RUNNERS AND SOLICITING AGENTS AT RAILWAY STATIONS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person while soliciting ev endeavoring to secure passengers, or freight, or other custom for any hackney, carriage, express wagon or other vehicle, or for any hotel, lodging house or boarding house, to be on any railway depot or pas¬ senger platform, pavement or walk, provided for the use of railroad passengers, or between such platform, pavement or walk and any rail¬ way train standing in front of said depot, or between any railway tracks over which passengers usually pass to or from such train. Section 2. Any person violating any of the provisions of this ordi¬ nance shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not to exceed one hundred ($100.00) dollars, and in default of payment of said fine or any part thereof, said person shall be imprisoned in the City Prison at the rate of one (1) day for each trwo ($2.00) dollars of said fine remaining unpaid* Section 3. This ordinance shall be in force from and after Us approval. (Approved Nov. 16, 1898. Vol. 5, p. 326.) 204 GENERAL MUNICIPAL ORDINANCES CHAPTER IV. ORDINANCES RELATING TO THE POLICE DEPARTMENT. [Note.—By the provisions of Sections 151-2 of the Charter, the Police Department is under the management of the Board of Com¬ missioners of the Police and Fire Departments, who are to “establish rules and regulations . . . for the regulation and conduct of its officers, clerks and employes.” The following ordinances were passed pursuant to Section 16 of the Charter.] [Note 2.—Police regulations are not made in the interest of the City in its corporate capacity, and consequently the City is not liable for the acts of its officers in enforcing such regulations. 26 Fed. Rep. 592.] ORDINANCE No. 1477. AN ORDINANCE CONSENTING TO AND AUTHORIZING THE INCREASE OF THE POLICE FORCE OF THE CITY OF OAK¬ LAND BY ADDING TO THE PRESENT NUMBER THEREOF SIX MEIN. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby determined that the increase of the popu¬ lation of the City of Oakland requires, and that the public interest requires that the present number of members of the Police Depart¬ ment shall be added to by the addition thereto of six new members thereof, and that this Council does hereby consent to and authorize the addition of six new members to the present number and mem¬ bership of the Police Department of this city, such additional mem¬ bers of such department to receive the same salary as policemen or patrolmen now in said department. Section 2. This ordinance shall take effect from and after its approval. (Approved December 7, 1892. Vol. 4, p. 332.) OF THE CITY OF OAKLAND, CAL, 205 ORDINANCE No. 1558. AN ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO APPOINT FOUR ADDITIONAL POLICE OFFICERS FOR THE POLICE DEPARTMENT OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. The Board of Police and Fire Commissioners is hereby authorized to appoint four additional police officers for the, Police De¬ partment of the City of Oakland. (Slecfoion 2. This ordinance shall take effect from and after its approval. (Approved Oct. 9, 1893. Vol. 4, p. 476.) «, ORDINANCE No. 1819. AN ORDINANCE CREATING THE POSITION OF SERGEANT OF POLICE, DECLARING THE NECESSITY THEREFOR, AND AUTHORIZING THE BOARD OF POLICE AND FIRE COMMIS¬ SIONERS TO APPOINT PERSONS THERETO, UPON THE RECOMMENDATION OF THE CHIEF OF POLICE, AND FIX¬ ING THEIR COMPENSATION. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. A necessity existing therefor, the position of Sergeant of Police is hereby created, and the Board of Police and Fire Commis¬ sioners is hereby authorized and empowered to appoint three Ponce Officers, recommended by the Chief of Police, from the present police force, to be such Sergeants of Police, at a salary of one hundred dol¬ lars (per month each, the duties of said Sergeants of Police to be* such as may be prescribed by the rules and regulations of said de¬ partment. Section 2. This ordinance shall take effect and be in full force from and after its approval. (Approved August 3, 1897. Vol. 5, p. 162.) / 206 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1860. AN ORDINANCE CONSENTING TO, DECLARING THE NECESSITY FOR, AND AUTHORIZING AN INCREASE IN THE POLICE FORCE OF THE CITY OF OAKLAND, EMPOWERING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO ADD THERETO TEN ADDITIONAL POLICE OFFICERS AND FIX- IND THEIR COMPENSATION. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be necessary, and said Council hereby authorizes and empowers the Board of Police and Fire Com¬ missioners of the City of Oakland to increase the Police Force of said city by appointing and employing ten additiona police officers therein, upon 'the recommendation of the Chief of Police, said police officers to receive the same compensation as is now received by police officers in said department. Section 2. Inasmuch as the increased population and territory of said city renders immediate action necessary, this ordinance snail take effect and be in force from and after January 1st, 1898. (Approved December 17, 1897. Vol. 5, p. 218.) ORDINANCE No. 2110. AN ORDINANCE DECLARING THE NECESSITY FOR AND AUTHORIZING A DECREASE IN THE POLICE FORCE OF THE CITY OF OAKLAND, AND DIRECTING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO DECREASE THE SAID POLICE FORCE BY REMOVING THEREFROM FIVE POLICE OFFICERS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Because of the insufficiency of the public revenue vo- meet the current expense of conducting the City Government, it is hereby declared to be necessary, and the City Council hereby author¬ izes and directs the Board of Police and Fire Commissioners of the City of Oakland to decrease the Police Force of said city by removing therefrom five police officers. Section 2. This ordinance shall take effect and be in full force from and after the date of its approval. (Approved Oct. 22, 1901. Vol. 5, p. 599.) V OF THE CITY OF OAKLAND, CAL. 207 ORDINANCE No. 2180. AN ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO APPOINT TWO ADDITIONAL DE¬ TECTIVES FOR THE POLICE DEPARTMENT OF SAID CITY, AND FIXING THE SALARIES OF THE SAME. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. The Board of Police and Fire Commissioners is hereby authorized and empowered to appoint tw r o additional detectives tor service in the Police Department of this city, such detectives to be under the direction and control of the Chief of Police, provided such de¬ tectives be appointed from members of the Police Force as now con¬ stituted. Section 2. The salary of such detectives shall be at the rate of $125 per month. Section 3. This ordinance shall take effect immediately. (Approved January 13, 1903. Vol. 6, p. 37.) ORDINANCE No. 2181. AN ORDINANCE CONSENTING TO, DECLARING THE NECESSITY FOR, AND AUTHORIZING AN INCREASE IN THE POLICE FORCE OF THE CITY OF OAKLAND, EMPOWERING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO ADD THERETO FOUR ADDITIONAL POLICE OFFICERS, AND FIX¬ ING THEIR COMPENSATION Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be necessary, and said Council hereby authorizes and empowers the Board of Police and Fire Com¬ missioners of the City of Oakland to increase the police force of said city by appointing- and employing four additional police officers. Said police officers to receive the same compensation as is now received by police officers in said department. Section 2. Inasmuch as the increased population and territory of said city renders immediate action necessary, this ordinance shall take effect and be in force from and after its approval. (Approved January 13, 1903. Vol. 6, p. 38.) 208 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1956. AN ORDINANCE AUTHORIZING THE BOARD OF POLICE AND FIRE COMMISSIONERS OF THE CITY OF OAKLAND TO AP¬ POINT AN ADDITIONAL POLICE OFFICER ON THE REGULAR FORCE OF THE POLICE DEPARTMENT OF THE SAID CITY, AND AUTHORIZING THE CHIEF OF POLICE OF SAID DE¬ PARTMENT TO APPOINT A CLERK FROM THE REGULAR POLICE FORCE OF THE SAID POLICE DEPARTMENT TO ACT AS CLERK OF THE POLICE DEPARTMENT OF THE CITX OF OAKLAND. Be it Ordained by the City Council of the City of Oakland, as follows: Section 1. The Board of Police and Fire Commissioners of tn« City of Oakland is hereby authorized and empowered to appoint an additional Police Officer to serve in the regular Police Department in the said city. Section 2. The Chief of Police is hereby authorized and empowered to select from the regular Police Force of the City of Oakland a mem¬ ber whose duty it shall be to act as Clerk to the Chief of Police and said Police Department, and perform such other duties as may be required of a regular police officer. Section 3. AH ordinances and resolutions conflicting with this ordinance are hereby repealed. Section 4. This ordinance shall take effect from and after its approval. (Approved Jan. 27, 1899. VoL 5, p. 338.) OF THE CITY OF OAKLAND. CAL. 209 CHAPTER V. ORDINANCES RELATING TO THE FIRE DEPARTMENT. [Note—For ordinances prescribing the duties and fixing salaries of certain officers and employes of the Fire Department, see Chapter I ante.] ORDINANCE No. 598. AN ORDINANCE TO PROTECT THE FIRE HYDRANTS IN THE CITY OF OAKLAND. The Council of the City of Oakland do Ordain as follows: > N. Section 1. It shall be unlawful for any person to open any of the fire hydrants of the City of Oakland, except in case of fire or by permission of the Chief Engineer of the Fire Department or the Water Company when necessary to repair their mains or said hydrants. Section 2. Any person violating any of the provisions of Section 1 of this ordinance shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in the sum of twenty-five dollars, and in case said fine is not paid, to be imprisoned one day for every dollar of such fineu Section 2. This ordinance shall take effect and be in force from and after its approval. (Approved June 23, 1874. Vol. 2, p. 347.) ORDINANCE No. 876. AN ORDINANCE CONCERNING FIRES AND FIRE APPARATUS, The Council of the City of Oakland do Ordain as follows: 210 GENERAL MUNICIPAL ORDINANCES Section 1. No person shall obstruct any fire hydrant or cistern in such manner as to hide it from view at any point, or hinder free action thereto by an engine or hose carriage, or construct any area, or other wall or thing so as to interfere in any manner with a hydrant below the level of the curb. Section 2. It shall be the duty of the police at the time of Are to place ropes or guards across all streets, lanes and alleys on which shall be situated any building on fire, and at such other points as they shall deem expedient and necessary, and they shall prevent any and all persons, excepting owners and occupants of buildings endan¬ gered by the existing fire, and their employes, and excepting also offi¬ cers of the Fire Department and firemen (who shall • be known by their badge), officers of the City of Oakland and of the County of Alameda, the Fire Warden and such other persons as may have per¬ mission from an officer of the Fire Department, the Fire Warden or a police officer, from entering within the lines so designated by ropes or guards. Any person or persons, other than those hereinbefore excepted, •entering within the lines designated by said ropes or guards, and refusing to go outside of said lines when directed to do so by any police officer or officer of the Fire Department or the Fire Warden, shall be deemed guilty of a misdemeanor and liable to punishment as provided 'in this ordinance. Section 3. It shall be unlawful for any person or persons to break through or attempt to break through such rope or guard or barrier, or to run over with any vehicle any fire hose used by the Fire Depart¬ ment at any fire. Section 4. All fire engines, hose carriages, and other movable ap¬ paratus of the Fire Department and Fire Patrol shall have the para¬ mount right of way through all the streets, lanes, alleys, places and courts of the City of Oakland when running to a fire, and all such apparatus shall take and keep the right side of the street unless the same be obstructed. All other vehicles, excepting street or steam cars, upon the approach of any engine, host cart or other apparatus of the Fire Department, shall forthwith give the right of way and re¬ move to the side of the street opposite to the side of the streett taken by such engine, hose cart or other apparatus of the Fire Department. All street cars in the vicinity of such engine, hose carriage or movable apparatus going to a. fire shall retard or accelerate their speed as occasion may require, in order to give the apparatus of the Fire Department and the Fire Patrol the unobstructed use of the street for the time being. Section 5. Any person or persons having the control of any ve¬ hicle, willfully or carelessly permitting the same to obstruct the prog¬ ress of the apparatus of the Fire Department or Fire Patrol, going to a fire, shall be deemed guilty of a misdemeanor and punishable as provided in this ordinance. OF THE CITY OF OAKLAND, CAL. 211 Section 6. Any person or persons willfully injuring- any engine house, hose, engine, hose carriage or other apparatus of the Fire Depart¬ ment of the City of Oakland shall be deemed guilty of a misdemeanor and punishable as provided in this ordinance. Section 7. Any person violating any of the provisions of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars, and in case such fine be not paid, shall be imprisoned in the City Jail until the same is satisfied at the rate of one day for each two dollars of ‘the fine imposed. Section 8. This ordinance shall take effect immediately. (Approved January 5, 1881. Yol. 3, p. 31.) ORDINANCE No. 1089. -AN ORDINANCE TO PREVENT THE ERECTION OR MAINTEN¬ ANCE OF DANGEROUS OBSTRUCTIONS OR SERIOUS OBSTA¬ CLES IN BUILDINGS WHICH MAY PREVENT INGRESS AND EGRESS OF OFFICERS AND MEMBERS OF THE FIRE DE¬ PARTMENT IN EXTINGUISHING FIRES WITHIN THE FIRE LIMITS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is and shall be unlawful for any owner, agent, lessor, lessee or tenant, without a permit first obtained from the Board of Public Works, to erect or hang in or upon any building within the established fire limits of the City of Oakland, any door made wholly of metal, or of metal and wood, or to erect or hang in or upon any ‘such building, any door composed of wood, or of wood, nails and glass, over two inches in thickness, and such metal, metal and wood, or wooden door, or wooden, nails and glass door, shall not without such permit be fastened by any bar or bars, prop or props, behind or across the same, and shall only be secured by a lock or locks, bolt or bolts. Section 2. It is and shall be unlawful for the owner, agent, lessor, lessee or tenant of any building within the established fire limits of the City of Oakland to maintain or keep any door composed entirely of metal, or partly of metal and other material, in or upon any such building, or to keep or maintain any door composed of w r ood, or of wood, nails and glass, of more than two inches in thickness, in or upon such building or buildings for more than ten days after such owner, agfent, lessor, lessee or tenant thereof, shall have received notice in -writing signed by the Fire Warden, the Chief of Police or the Chief 212 GENERAL MUNICIPAL ORDINANCES Engineer of the Fire Department of said city to remove the same.. And each and every day subsequent to the ten days after such pre¬ scribed notice shall be given, any maintenance or keeping of any door hereinabove prohibited, without the consent of the Board of Public Works first obtained, shall constitute a new and separate violation of this ordinance. Section 3. Whenever any door shall be erected, maintained or kept under authority of a permit of the Board of Public Works, pro¬ vided for in this ordinance, and it shall be made to appear to such Board, by a written report of the Fire Warden, the Chief Engineer of the Fire Department or the Chief of Police, that such door has become or will be a serious obstruction or obstacle to the members of the Fire Department in the discharge of their duties in extinguishing fires, then the said Board shall vacate and revoke such permit; and after such vacation or revocation of such permit, and after notice of the same for a period of ten days shall have been given, any person, as provided in the preceding sections of this ordinance, maintaining or keeping such door upon, or in any building within the fine limits of said city shall be deemed guilty of a violation of this ordinance as fully and completely as though such permit had not been granted. Section 4. Any person or persons violating the provisions or any of the provisions of the preceding section, or any section of this ordi¬ nance, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the City Prison for not more than six months, or by both such fine and im¬ prisonment. Section 5. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 6. This ordinance shall go into full force and effect im¬ mediately upon its approval. (Approved August 7, 1889. Vol. 3, p. 365.) ORDINANCE No. 1121. AN ORDINANCE PROVIDING FOR FIRE ESCAPES FOR BUILD¬ INGS OF THREE OR MORE STORIES IN HEIGHT. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful to erect or maintain any building,, whether built of wood, brick, stone or iron, of three or more stories in height, in the City of Oakland, unless the same is provided with such fire escapes as shall be approved by the Chief Engineer of the Fire Department and the Fire Warden. OF THE CITY OF OAKLAND, CAL. 213 Section 2. Any person violating any provision of this ordinance •shall be deemed guilty of a misdemeanor, and shall, in the case of each and every conviction of the same, be required to pay a fine of not less than $100 and not more than $500, or in the event of failing to pay the same, to be imprisoned in the City Prison one day for each dollar of said fine not paid. Section 3. This ordinance shall go into full force and effect on and after March 1, 1890. (Approved January 20, 1890. Vol. 3, p. 412. ORDINANCE No. 1138. AN ORDINANCE FOR THE PROTECTION OF THE FIRE ALARM AND POLICE TELEGRAPH Re it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall wilfully break, remove or injure any •of the wires or other parts or appurtenances of the Fire Alarm and Police Telegraph in the City of Oakland without authority or permis¬ sion from the Board of Police and Fire Commissioners. Section 2. No person shall make or fit any key to, or pick or force the lock of any signal box of the Fire Alarm and Police Telegraph in said City of Oakland without authority from the Board of Police and Fire Commissioners. Section 3. No person shall have or retain in his possession or under his control any key belonging to or fitted to open the lock of any signal box of the Fire Alarm and Police Telegraph in said City of Oakland without lawful authority so to do. Section 4. Every person volating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 5. This ordinance shall take effect immediately upon its ^approval. (Approved May 15, 1890. Yol. 3, p. 436.) 214 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1147. AN ORDINANCE TO PREVENT THE GIVING OF FALSE ALARMS' OF FIRE. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall willfully make or cause to be made, by means of the Fire Alarm and Police Telegraph, or otherwise, any false alarm of Are in the City of Oakland. Section 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. An ordinance entitled “An Ordinance to Prevent the Giving- of False Alarms and Obstructing Hydrants and Cisterns,” ap¬ proved January 10, 1877, is hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved May 15, 1890. Vol. 3, p. 446.) ORDINANCE No. 1378. AN ORDINANCE TO PROHIBIT THE DEPOSITING OF ASHES IN' CONTACT WITH VESSELS OR FLOORS OF CERTAIN MA¬ TERIALS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall, in the City of Oakland, deposit any ashes, or cause the same to be deposited or placed, or permit or allow the same to be or remain in contact with any floor or vessel of wood or other combustible material, or in any. metallic vessel within two inches of any woodwork. Section 2. Every person volating any provision of this ordinance Is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine of not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. Section 12 of an ordinance entitled “An Ordinance Es¬ tablishing and Defining Certain Fire Limits in the City of Oakland, and for the Prevention of Fires in Said City,” approved November 30, 1876, is hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved November 23, 1891. Vol. 3, p. 765.) 215' OF THE CITY OF OAKLAND, CAL. ORDINANCE No. 2055. AN ORDINANCE REGULATING THE SIZE OF WATER MAINS- WITH WHICH HYDRANTS OR FIRE PLUGS HEREAFTER ERECTED SHALL BE CONNECTED. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby determined and declared and found to be a fact that water mains of less than four (4) inches in diameter, inside measurement, are inadequate, and have not sufficient capacity to properly supply with water, hydrants or fire plugs connected therewith when in use in case of fire, and every hydrant or fire plug hereafter erected within the City of Oakland by order and authority of the said City, shall'be connected with a water main of at least four (4) inches in diameter, inside measurement. No money shall be paid from the City Treasury on account of the erection of, or the furnishing of water to, any hydrant or fire plug hereafter erected contrary to the provisions- of this ordinance. Section 2. This ordinance shall take effect immediately. (Approved July 24, 1900. Vol. 5, p. 484. GENERAL MUNICIPAL ORDINANCES 216 CHAPTER VI. ORDINANCES RELATING TO FIRE LIMITS. ORDINANCE No. 701. AN ORDINANCE ESTABLISHING AND DEFINING CERTAIN FIRE LIMITS IN THE CITY OF OAKLAND, AND FOR THE PREVEN¬ TION OF FIRES IN SAID CITY. (See also supplementary ordinances Nos. 790 and 868. For boun¬ daries of Fire Limits, see page —, post.) The Council of the City of Oakland do Ordain as follows. Section 1. (Repealed by Ordinance No. 1134, approved May 6, 1890, Vol. 3, p. 431, “Establishing and Defining Certain Fire Limits, etc.” Section 2. All buildings hereafter erected within the fire limits shall be made and constructed of brick or stone or of both, and every building of brick or stone, or of both, that shall be newly roofed or covered shall be constructed with side walls or party walls of brick or stone, or of both, and such side walls or party walls shall extend from the foundation to the top of, and through the roof of said building; and said roof shall be covered with such material as will afford protection against fire, and said walls shall be so con¬ structed as to separate all woodwork thoroughly and completely of the intereor and exterior of any adjoining building, and every such side wall or party wall shall pass through the roof of the building to which it may appertain, in such manner as to break entirely any com¬ munication of wood whatever between such roof and any other build¬ ing. The term building, as used in this section, shall not include privies one story high or greenhouses constructed entirely of glass. (Amended by ordinance approved April 6, 1880. Vol. 3, p. 14.) Section 3. The outer 'walls of all buildings of either brick or stone, or of both, to be used as dwelling houses, sheds, stables or other out¬ houses, hereafter to be erected, shall be for a two-story building or less be at least twelve inches in thickness for the first story, and at least eight inches in thickness for the second story; and if more than two stories, the walls of each story shall be at least twelve inches ' OF THE CITY OF OAKLAND. CAL. 217 in thickness, except the upper story, and that shall be at least eight inches in thickness. The outer walls for all buildings of two stories or less, to be used as ^tjores, warehouses, hotels or shops, shall be at least sixteen inches in the basement or foundation, and twelve inches for the first and second stories, the outer walls for all buildings three stories, the basement twenty inches, first story sixteen inches, second and third stories twelve inches; and for four stories, the basement or foundation must be twenty inches, first and second stories sixteen inches, and third and fourth stories twelve inches; the walls must be of uniform thickness through the entire length of each wall. All party walls must be twenty inches for basement or foundation, and sixteen inches for each story to the height of three stories above the basement or foundation, and at least twelve inches to the top, so as to have four inches at least of solid masonry between timbers. Party walls shall be solid brick or stone walls, and shall be without openings unless covered by double iron doors, each % of an inch or more in thickness. The outer walls of brick or stone buildings are understood to be the front, rear and two side walls; and in no case shall studding against brick walls be allowed. All outer walls shall be securely an¬ chored with iron anchors to each tier of beams. Secton 4. All wooden beams and other timbers in the party wall of every building hereafter to be erected or built of stone, brick or iron, shall be separated from the beam or timbers entering into the opposide side of the wall by at least four inches of solid mason w r ork; every beam shall be beveled three inches at the ends, shall rest at each end not less than four inches in the wall unless such wall be ledged. Section 5. No swelled or refuse brick shall be allowed in any wall, and brick used in the construction, alteration or repairs of any building or part thereof shall be good, hard, well-burned brick. The mortar used in the construction, alteration or repairs of any building shall be composed of lime or cement mixed with sand, in the propor¬ tion of three (3) of sand to one (1) of lime, and two (2) of sand to one (1) of cement; and no lime and sand mortar shall be used within twenty-four (24) hours after being mixed, and all walls or parts thereof below the curb level shall be laid in cement mortar in proportion of one (1) of cement to two (2) of mortar. No inferior lime or cement shall be used, and all sand shall be clear, sharp grit and free from loam, and all joints and all walls shall be entirely filled with mortar. Section 6. No cornice of wood shall be placed on any brick build¬ ing which is over two stories in height. Section 7. No brick or stone wall shall be supported upon stringers of wood in any part of the city. Section 8. It shall be unlawful for any person to raise, build upon or alter any building of brick or stone, or of both, unless said building t 218 GENERAL MUNICIPAL ORDINANCES has been built in conformity with the provisions of this chapter regu¬ lating the erection of brick buildings. Section 9. All side or party and front and rear walls, or any building fifteen (15) feet high or more shall be built up and extend at least two feet above the roof; provided, that where partition walls are carried through the floor of the upper story, said walls shall be carried up at least two feet above the roof, and the said roof shall be covered with such material as will afford protection against Are; and where a mansard or French roof is built over a single house, the outer walls of said house shall be carried up at least two (2) feet above the roof at its point of contact or intersection with the wall on all sides, except the wall fronting on the street. No mansard or French roof shall be placed on any brick building of over two stories in height, unless the same shall be constructed entirely of fire-proof material. Section 10. Sections 3, 4, 5, G, 7, 8 and 9 shall apply to all build¬ ings of brick or stone, or of both, in any part of the city. Section 11. No stovepipe shall be permitted to project through the side wall or roof of any building, within the city limits, when such building exposes any other building within a distance of twenty- five (25) feet. All chimneys and flues must be built of brick or stone, and to the enti're satisfaction and acceptance of the Fire Warden of the City of Oakland. (Amendment approved January 25, 1877. Vol. 2, p. 516.) Section 12. (Repealed by Ordinance No. 1378. Approved Novem¬ ber 23, 1891. Vol. 3, p. 765.) Section 13. Whenever any building, wall, chimney or smokestack Shall, from any cause whatever, be in a situation to be dangerous to persons or property, or when any wooden building within the fire limits shall be damaged by fire to the extent of one-half or more of its actual value, the Fire Warden of the City of Oakland shall im¬ mediately give notice to the owner or owners, or to his or her or thefr agent, or the person having control thereof, if the owner cannot be found, to remove the same forthwith, and the person receiving such notice shall within forty-eight (48) hours after receiving the same comply with the requirements thereof. (Amendment approved Jan¬ uary 25, 1877. Vol. 2, p. 516.) Section 14. All buildings hereafter erected to be used for public assemblages, in whole” or in part, shall have doors that are used for the ingress and egress of the public to the portions so used for said assemblages so constructed that they shall open both inwardly and outwardly, and all buildings hereafter altered for the use of public assemblages shall be made to conform to this section. Secton 15. An ordinance entitled “An Ordinance Defining Cer¬ tain Fire Limits Within the City of Oakland, and to Prevent the Con¬ struction of Wooden Buildings Therein,” approved October 28, 1874, and all other ordinances in conflict with this ordinance, or relating to OF THE CITY OF OAKLAND, CAL. 219 fire limits or the construction of wooden buildings in the City of Oak¬ land are hereby repealed. Section 16. Every person violating any provision of this ordinance is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. (Amendment approved November 23, 1891. Vol. 3, p. 764.) Section 17. This ordinance shall take effect immediately. (Approved November 30, 1876. Vol. 2, p. 504.) ORDINANCE No. 728. AN ORDINANCE TO REGULATE THE REMOVAL OF WOODEN OR FRAME BUILDINGS WITHIN CERTAIN LIMITS OF THE CITY OF OAKLAND. The Council of the City of Oakland do Ordain as follows: Section 1. It is hereby declared unlawful for any person to re¬ move any wooden or frame building from the lot or block upon which it stands, within the limits hereinafter mentioned, to any portion of the same or another lot or block within the fire limits, as defined in an ordinance entitled “An Ordinance Establishing and Defining Cer¬ tain Fire Limits in the City of Oakland, and for the Prevention of Fires in said City,’’ approved November 30th, 1876, without the written permission of all the property owners in said block to or upon which it is proposed to remove said building. Said written permission shall be obtained and filed with the Fire Warden before the removal of any building under the provisions of this ordinance. In no case shall a building be removed from without the fire limits to any lot or block within said limits. Section 2. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not exceeding one hundred dollars, and if the fine be not paid the person fined may be imprisoned in the City Prison until the fine is paid, at the rate of one day’s imprisonment for each two dollars of the fine imposed. Section 3. This ordinance shall take effect immediately. (Approved June 2, 1877. Vol. 2, p. 549.) 220 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 868. AN ORDINANCE SUPPLEMENTARY TO AN ORDINANCE EN¬ TITLED “AN ORDINANCE ESTABLISHING AND DEFINING CERTAIN FIRE LIMITS IN THE CITY OF OAKLAND, AND FOR THE PREVENTION OF FIRES IN SAID CITY.” The Council of the City of Oakland do Ordain as follows: Section 1. The Council of the City of Oakland is hereby author¬ ized in its discretion to grant by resolution, approved by the Mayor, permission to erect within the Fire Limits of the City of Oakland a frame building; provided, such building shall have a fii’e-proof roof; and the provisions of Section 2, 3 4, 5 and 9 of the ordinance to which this ordinance is supplementary shall not apply to any person to whom such permission is granted. Section 2. This ordinance shall take effect immediately. (Approved July 1, 1880. Vol. 3, p. 22.) ORDINANCE No. 1104. AN ORDINANCE PROHIBITING THE ESTABLISHMENT OF LAUN¬ DRIES WITHIN THE FIRE LIMITS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is, and shall be, unlawful for any person to estab¬ lish or maintain a laundry within the fire limits of the City of Oak¬ land. Section 2. Any room, house or building in which two or more persons are regularly employed in washing and ironing clothing for purposes of gain, shall be deemed a laundry under the provisions or this ordinance. Section 3. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars, nor greater than five hundred dollars, or in case said fine be not paid, by imprison¬ ment in the City Prison one day for each dollar thereof. Section 4. This ordinance shall be in full force and effect thirty days after the date of its approval. (Approved October 26, 1889. Vol. 3, p. 389.) [Note.—The' above ordinance was held to be invalid by the Police Court of this city in the case of “The People vs. Gee Ham.” Opinion filed February 20, 1890, by Henshaw, Justice.] OF THE CITY OF OAKLAND, CAL. 221 ORDINANCE No. 2154. AN ORDINANCE ESTABLISHING AND DEFINING THE FIRE LIMITS OF THE CITY OF OAKLAND, AND REPEALING ORDI¬ NANCE NO. 2138, IN EFFECT JUNE 2, 1902, ESTABLISHING CERTAIN FIRE LIMITS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1: The fire limits of the City of Oakland are hereby es¬ tablished and shall include all the territory in said city bounded by the following lines, viz: Commencing- at a point where the center line of Franklin street in¬ tersects the center line of Seventh street, thence westerly along the cen¬ ter line of Seventh street to the center line of Washington street; thence northerly along the center line of Washington street to the center line of Eighth street, thence westerly along the center line of Eighth street to the center line of Clay street; thence northerly along the center line of Clay street to the center line of Eleventh street, thence westerly along the center line of Eleventh street to a point 150 feet west of the western line of Clay street, thence northerly along a line 150 feet west of and parallel with the western line of Clay street to the center line of Fourteenth street; thence easterly along the center line of Four¬ teenth street to the center line of Clay street, thence northerly along the center line of Clay street to the center line of Seventeenth street, thence easterly along the center line of Seventeenth street to the center line of Telegraph avenue; thence northerly along the center line of Telegraph avenue to a point where the center line of Seven¬ teenth street if extended westerly as it exists east of Telegraph avenue would intersect the center line of Telegraph avenue, thence easterly along said extended line and the center line of Seventeenth street and said center line of Seventeenth street extended easterly to a point 150 feet east of the eastern line of Broadway, thence southerly along the line 150 feet east of and parallel with the eastern line of Broadway to a point 100 feet south of the southern line of Fifteenth street, thence easterly along a line 100 feet south of and parallel with the southern line of Fifteenth street to the center of Franklin street, thence southerly along the center line of Franklin street to the center line of Fourteenth street, thence easterly along the center line of Fourteenth street to a point 150 feet east of the eastern line of Franklin street, thence southerly along a line 150 feet east of and parallel with the eastern line of Franklin street to the center line of Eleventh street, thence westerly along the center line of Eleventh street to the center line of Franklin street, thence southerly along the center line of Franklin street to the point of beginning. Section 2. Ordinance No. 2138, in effect June 2nd, 1902, establish¬ ing certain fire limits, is hereby repealed. Section 3. This ordinance shall take effect immediately. (Approved Sept. 19, 1902. Vol. 5, p. 697.) 222 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1260. AN ORDINANCE PROHIBITING THE ERECTION OF ANY WOODEN BUILDING, OR MAKING ANY ADDITION OF WOOD OR OTHER COMBUSTIBLE MATERIAL TO ANY WOODEN BUILDING WITHIN THE FIRE LIMITS OF THE CITY OF OAKLAND, AND FIXING A PENALTY THERETO. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person, firm or corpora¬ tion to erect any structure of wood or to make any addition of wood or other combustible material to any wooden building- within the Fire Limits of the City of Oakland. Section 2. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and, oni conviction thereof, may be punished by a fine not to exceed $500; or, in default thereof, by imprisonment for a period of one day for each dollar of the fine so imposed. Section 3. This ordinance shall go into full force and effect im¬ mediately after its approval. (Approved March 23, 1891. Vol. 3, p. 593.) ORDINANCE No. 1349. AN ORDINANCE TO PROHIBIT THE REMOVAL OF WOODEN OR FRAME BUILDINGS INTO THE FIRE LIMITS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall remove, cause to be removed or assist in removing any frame or wooden building from any place outside of, to or upon any lot or block within the fire limits of the City of Oakland. Section 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 717.) OF THE CITY OF OAKLAND, CAL. 223 ORDINANCE No. 1641. AN ORDINANCE REGULATING THE ESTABLISHMENT OF STEAM BOILERS WITHIN THE FIRE LIMITS OF THE CITY OF OAK¬ LAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any person to establish any steam boiler within the present Are limits of the City of Oakland, unless a permit therefor is first obtained on proper showing, from the City Council, and recommended by the Fire Warden. Section 2. Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one hundred dollars, and in case said fine be not paid, then the person so fined may be imprisoned In the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved Oct. 22, 1894. Vol. 4, p. 620.) ORDINANCE No. 1667. AN ORDINANCE SUPPLEMENTARY TO AN ORDINANCE NO. 701, ENTITLED “AN ORDINANCE ESTABLISHING AND DEFINING CERTAIN FIRE LIMITS IN THE CITY OF OAKLAND, AND FOR THE PREVENTION OF FIRES IN SAID CITY,” APPROVED NOVEMBER 30, 187o, AND REPEALING ORDINANCE NO. 790, APPROVED SEPTEMBER 5, 1878. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be lawful to use iron in the construction of any building wherever it is now lawful to use brick or stone, as pro¬ vided in said ordinance No. 701, excepting corrugated or sheet iron. To use said corrugated or sheet iron permission must be obtained from the City Council upon recommendation of the Fire Warden. All conditions, requirements and restrictions by said ordinance made ap¬ plicable to buildings of stone or brick, shall apply to buildings of Iron erected under this ordinance. (Amendment approved December IS', 1895. Vol. 5, p. 13.) Section 2. Ordinance No. 790, entitled “An Ordinance Supple¬ mentary to an Ordinance Entitled ‘An Ordinance Establishing and Defining Certain Fire Limits in the City of Oakland, and for the Pre¬ vention of Fires in Said City,’ ” approved November 30, 1876, is hereby repealed. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved February 23, 1895. Vol. 4, p. 664.) 224 GENERAL MUNICIPAL ORDINANCES CHAPTER VII. ORDINANCES RELATING TO PUBLIC HEALTH. [Note.—For ordinances prescribing the duties and fixing the salaries of certain officers of the Health Department, see Chapter I. ante.] ORDINANCE No. 684. AN ORDINANCE FOR SECURING THE HEALTH OF THE CITY OF OAKLAND, AND REGULATING THE AMOUNT OF AIR IN EACH ROOM USED FOR LODGING PURPOSES IN SAID CITY. The Council of Oakland do ordain as follows: Section 1. It is hereby declared unlawful for any person to sleep or lodge in any room in the City of Oakland unless said room contains at least five hundred cubic feet of air for each person sleeping or lodging therein. Section 2. Any person violating any of the provisions of this ordinance shall be fined not exceeding one hundred dollars, and in case the fine be not paid, the person fined may be imprisoned in the City Prison at the rate of one day for every two dollars of the fine imposed. Section 3. This ordinance shall take effect and be in full force on and after its approval. (Approved August 28, 1876. Vol. 2, p. 486.) ORDINANCE No. 703. AN ORDINANCE TO COMPEL THE CLEANSING AND EMPTYING OF CESSPOOLS AND PRIVY VAULTS WITHIN THE LIMITS OF THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: OP THE CITY OF OAKLAND, CAL. 225 Section 1. It is hereby declared unlawful for any person to con¬ struct or use, or have, or maintain any cesspool or privy vault or water closet upon any lot of land owned or occupied by him or her, in the City of Oakland, within one hundred and fifty feet of either line of any street having a sewer therein unless such cesspool or privy vault or water closet is properly connected with the street sewer; and in all said connections there shall be a trap or other device to prevent the escape of gas or obnoxious odors therefrom into the open air, so as to be offensive to the senses of any person living or being in the immediate neighborhood thereof; and in all such con¬ nections there shall be maintained a constant supply of water from either tank or city water works, sufficient to prevent filthy accumu¬ lations in cesspools or privy vaults or water closets, or the pipes or drains thereof. (Amendment approved October 9, 1894. Vol. 4, p. 617.) Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined not exceeding one hundred dollars, and in case said fine be not paid, the person so fined shall be imprisoned in the City Prison at the rate of one day for every two dollars of the fine imposed. Section 3. An ordinance entitled “An Ordinance Regulating the Connecting of Cesspools and Privies With the Sewers in Certain Por¬ tions of the City of Oakland,” approved November 23, 1875, is hereby repealed. Section 4. This ordinance shall take effect and be in force on and after its approval. (Approved November 30, 1876. Vol. 3, p. 509.) ORDINANCE No. 869. AN ORDINANCE CONCERNING VACCINATION. The Council of the City of Oakland do ordain as follows. Section 1. In all vaccinations by or under the authority of the Board of Health or the City Physician the vaccine matter used shall be bovine matter and no other. Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding fifty dollars, and in case the fine be not paid, shall be imprisoned at the rate of one day for each two dollars of the fine imposed. Section 3. This ordinance shall take effect immediately. (Approved August 19, 1880. Vol. 3, p . 23.) 226 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 938. AN ORDINANCE PROHIBITING THE EMPTYING OF DRAINS AND THE DEPOSITING OF RUBBISH UPON PUBLIC GROUNDS AND STREETS. The Council of the City of Oakland do ordain as follows: Section 1. No person owning or having the control of any prem¬ ises shall suffer or permit any drainage or sewerage, or any drain from any house, barn, building, stable, shed, privy, vault or cesspool situated on such premises, or any drain from such premises, to empty into or upon any public square, street or highway within the limits of the City of Oakland, nor shall any person throw into or deposit upon any public square, street or highway any rubbish, garbage, filth, or glass or broken ware without permission of the City Council. Section 2. Every person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be punished by a fine not exceeding one hun¬ dred dollars, and in case the fine be not paid the person so fined shall be imprisoned in the City Prison until the same be satisfied at the rate of one day for every two dollars of the fine imposed. Section 3. This ordinance shall take effect and be in force from and after its approval. (Approved January 10, 1884. Vol. 3, p, 127.) ORDINANCE No. 1108. AN ORDINANCE PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND REQUIRING PLUMBERS TO REGISTER THEIR NAMES AND ADDRESSES AT THE HEALTH OFFICE AND COMPLY WITH REGULATIONS OF THE BOARD OF HEALTH IN REFERENCE TO THE DRAINAGE AND PLUMB¬ ING OF BUILDINGS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Every master and journeyman plumber carrying on his trade in this city shall, under such regulations and rules as the Board of Health of said city shall prescribe, (not in conflict with general laws), register his name and address at the Health Office of said city, and after the establishment of such rules and regulations it shall not be lawful for any person to carry on the trade of plumbing, either OF THE CITY OF OAKLAND, CAL. 227 as a master or journeyman plumber, or otherwise, unless his name and address be registered as above provided. Section 2. A list of registered plumbers shall be published in the yearly report of the Health Officer or Board of Health. Section 3. The drainage and plumbing of all buildings both pub¬ lic and private, hereafter erected in said city shall be executed in accordance with plans previously approved in writing by the Board of Health of said city, and suitable drawings and description of said drainage and plumbing shall in each case be submitted to the Board of Health and placed on file in the Health Office. The said Board of Health is also authorized to receive and place on file drawings and descriptions of the drainage and plumbing of buildings erected prior to the passage of this ordinance. Section 4. Any person w r ho shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five dollars nor more than tw^enty-five dollars for every offense, or by imprisonment in the City Prison one day for each dollar of such fine as shall be unpaid. Section 5. This ordinance shall go into full force and effect im¬ mediately after its approval. (Approved December 2, 1889. Vol. 3, p. 397.) ORDINANCE No. 1214. AN ORDINANCE TO PREVENT THE ABUSE OF OPIUM AND OTHER DRUGS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any drug-gist, or any person whatever, to sell or give away or deliver to any person in the City of Oakland, excepting as provided in Sections 2 and 3 of this ordi¬ nance, opium or any preparation thereof, morphine, cocaine or any of their salts, or any solution or preparation in which one or more of these substances is known to be an ingredient. Section 2. This ordinance shall not apply to the filling by drug¬ gists of the w r ritten orders or prescriptions of any licensed physician, or one who, upon due inquiry, is believed by the druggist to be such, for any of the substances enumerated in Section 1; but every such order or prescription must be numbered and dated at the time it Is filled and the name and address of the druggist filling it must be written or stamped, in ink, across the face of such order or prescription tion, so that it cannot be erased without detection; and a label with 228 GENERAL MUNICIPAL ORDINANCES similar date and number, name and address, shall be affixed to the bottle, box or package of the medicine before its delivery, and upon such label shall also be written the name of the physician who prescribed or ordered it. Every such order or prescription, or a copy thereof, shall be kept by the druggist filling it, for two years, and be subject to the inspection of any legally con¬ stituted court or officer demanding it. No copy of any such order or prescription shall ever be filled, but the original order or prescription may be refilled once only (excepting as hereinafter provided) and the druggist refilling it must make a note upon it that it has been refilled, and also the date upon which it was refilled. If it shall be refilled by any other druggist than the one who first filled it, such druggist must also number it and stamp or write his name and address in ink across the face of it and keep it, or a copy of it, for two years, subject to inspection as before or¬ dered; and such order or prescription must not again be refilled ex¬ cepting upon the order or request, written upon a separate paper of the physician who wrote the order of prescription, and then only for as long a time not exceeding two weeks as the physician may desig¬ nate in such order; and such written order or request must be kept by the druggist for two years and be subject to inspection as in the case of the original prescription or order. Section 3. This ordinance shall not apply to the sale of lini¬ ments or mixtures for external use that are of such a nature that they cannot be taken internally without danger to life or health; nor to the- sale of morphine or cocaine, or their salts, or of opium, in mixtures, pills, powders or solutions when in combination with other active in¬ gredients; provided, that no more than eight grains of opium, and no more than two grains of morphine or cocaine or their salts, or both combined, shall be sold to, or for, the same person in any one day; nor to the sale of paregoric; nor the sale or gift of any of the- substances enumerated in Section 1, to hospitals, asylums or othefi public or charitable institutions for use therein; or to physicians or dentists or other druggists who are engaged in the business. Section 4. It shall be unlawful for any person to endeavor to procure any of the substances enumerated in Section 1, by means of a fraudulent order or prescription, or one signed by a fictitious name,, or by means of any other false statement or representation. Section 5. It shall be unlawful for any physician to give away, or to prescribe, or give an order for any of the substances named, to any person excepting for the purpose of curing or alleviatng dis¬ ease. Section 6. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars, and in¬ case the said fine is not paid, then the person so fined may be im¬ prisoned in the City Prison of the City of Oakland at the rate of one day for each dollar of the fine so imposed. OF THE CITY OF OAKLAND, CAL. 229 Section 7. This ordinance shall go into effect immediately upon and after its approval. (Approved October 30, 1890. Vol. 3, p. 527.) ORDINANCE No. 1224. AN ORDINANCE RESTRICTING THE NUMBER OF MILCH COWS, OR STEERS, OR BULLS FOR BREEDING PURPOSES, THAT SHALL BE KEPT ON ANY BLOCK WITHIN THE CITY OF OAKLAND, EXCEPTING THAT PART OF SAID CITY LYING EAST OF THE EASTERN BOUNDARY OF THE TERRITORY ANNEXED TO THE CITY OF OAKLAND AND DESCRIBED BY ORDINANCE APPROVED APRIL 4, 1872, AND NORTH OF THE CHARTER LINE OF THE CITY OF OAKLAND, ESTABLISHED BY THE LEGISLATURE OF THE STATE OF CALIFORNIA, IN 1853, IN SO FAR AS SAID LINE EXTENDS FROM THE WEST SHORE TO THE EAST SHORE OF LAKE MERRITT; ALSO, NORTH OF THE TERRITORY ANNEXED AND DESCRIBED IN AN ORDINANCE APPROVED NOV. 4, 1872. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person, firm or corpora¬ tion to keep or maintain any bull for breeding purposes, or more than two (2) milch cows or steers for any purpose, on premises located in any block within the City of Oakland, provided, that that portion of said city annexed thereto by virtue of an election held therein on the 10th day of June, 1897; also a portion of the territory which was annexed to the city by virtue of an election held July 14, 1891, and described as follows: Beginning at a point on the northern boundary of the City of Oakland, said point being 150 feet at right angles westerly from the •center line of Pleasant Valley avenue; thence southerly along a line 150 feet at right angles westerly from and parallel with said center line of Pleasant Valley avenue to its intersection with the center line of Perry street; thence southeasterly along the center line of Perry street and said center line of Perry street produced southeasterly to its intersection with the old charter line; thence following northerly and easterly the old charter line to the northern boundary line of the -city, shall not be subject to the provisions of this ordinance. (Amendment approved March 1, 1898. Vol. 5, p. 239.) 230 GENERAL MUNICIPAL ORDINANCES Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not to exceed one hundred dollars; and for every dollar of such fine not paid shall be imprisoned in the City Prison at the rate of one day for each dollar of the fine so imposed and unpaid. Section 3. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 4. This ordinance shall go into full force and effect in sixty days after its approval. (Approved November 17, 1890. Yol. 3, p. 535.) [Note.—The territories excepted from the operations of this ordi¬ nance by the terms of Section 1 thereof, ante, are (1) the annexed territory of 1897 described in Section 5 hereof, and (2) the annexed territory of 1891, which may be described generally as that portion of the city lying east of Cemetery Creek, and its southerly continuation to Lake Merritt, and north of Lake Merritt, Indian Gulch and Millbury street. For a particular description see Vol. 3, of ordinances, page 605.J ORDINANCE No. 1293. AN ORDINANCE REQUIRING THE REPORTING TO THE HEALTH OFFICER OF ALL CASE'S OF SICKNESS OR DEATH FROM CERTAIN DISEASES Be it Ordained by the Council of the City of Oakland, as follows: Section 1 Every Physician in the City of Oakland shall imme¬ diately report to the Health Office, in writing, every patient he shall have sick of typhus or ship fever, yellow fever, Asiatic cholera, small¬ pox, bubonic plague, diphtheria, scarlet fever or scarletina, chicken- pox, typhoid fever, malarial fever, or pulmonary tuberculosis accom¬ panied by expectoration; and report to the Health Office every death from any of the said diseases immediately after it shall have occurred. (Amendment approved Dec. 21, 1901. Vol. 5, p. 605.) Section 2. Section 2 of said ordinance is hereby amended to read as follows. Section 2. Every householder in the City of Oakland shall immediately report in writing to the Health Office the name of every inmate of his or her house, whom he or she shall have reason to be- live sick of typhus or ship fever, yellow fever, Asiatic cholera, small¬ pox, bubonic plague, diphtheria, scarlet fever or scarletina, chickenpox,. typhoid fever, malarial fever, or pulmonary tuberculosis accompanied by expectoration, and report every death occurring at his or her house from any of the said diseases. OF THE CITY OF OAKLAND, CAL. 231 (Amendment approved Dec. 21, 1901. Vol. 5, p. 605.) Section 3. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 4. This ordinance shall take effect immediately upon Its approval. (Approved July 9, 1891. Vol. 3, p. 647.) ORDINANCE No. 1297. AN ORDINANCE TO PREVENT THE SALE OF BAD AND UN¬ WHOLESOME MEATS AND PROVISIONS WITHIN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall sell or offer or expose for sale for human food in the City of Oakland any blown, meager, diseased or bad meat, poultry, game or other unwholesome provisions, nor any unsound, diseased or unwholesome fish, fruit, vegetables or other market produce. Section 2. No sick or diseased animal or the flesh of any animal which when killed was sick or diseased, or that died a natural or acci¬ dental death, shall be brought into, sold or exposed or offered fort sale in the City of Oakland, and no calf shall be slaughtered or sold or brought into said city for sale for human food, unless it is in good, healthy condition, at least four weeks of age, and weighs not less than sixty (60) pounds when the entrals, head and feet have been removed. (Amendment approved May 22, 1896. Vol. 5, p. 66.) Section 3. Any article or animal that shall be offered or exhibited for sale in any market or elsewhere in the City of Oakland as though it was intended for sale will be deemed offered and exposed for sale within the intent and meaning of this ordinance. Section 4. Any person who in violation of the preceding sections of this ordinance shall bring within the said city, slaughter or sell or expose for sale any article or animal (therein prohibited from sale) or which is unfit or unsafe for human food shall forfeit the same to the city, and the Board of Health shall forthwith cause the same to be removed in such manner as will insure safety and protection to the public health. Section 5. It is hereby declared to be unlawful for any person or 2 3 2 GENERAL MUNICIPAL ORDINANCES persons in any manner, either mechanically or otherwise, to blow up or inflate any meat kept for sale or intended to be sold for human food within the City of Oakland. Section 6. Every owner or occupant of a market, market place or stall therein within the City of Oakland shall use due care and attention to maintain cleanliness thereat by the prompt removal of all rubbish or other matter tending to create stench or generate disease. Section 7. Any person violating any of the provisions of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon convic¬ tion thereof shall be punished by a fine not exceeding one hundred dollars, and in case such fine be not paid then the person so fined may be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 8. This ordinance shall take effect immediately upon its approval. (Approved July 9, 1891. Vol. 3, p. 652.) ORDINANCE No. 1329. AN ORDINANCE REQUIRING THE BURIAL OF PERSONS HAVING DIEID FROM CONTAGIOUS DISEASES WITHIN TWENTY- FOUR HOURS AFTER DEATH, AND PROHIBITING FORMAL FUNERALS IN PUBLIC PLACES. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Whenever infectious or contagious diseases, such as smallpox, diphtheria, scarletina or Asiatic cholera have existed in a household in the City of Oakland, and the person so afflicted has died, the body of said decedent must not be removed from the apart¬ ment in which death occurred, except for burial. The interment of the body must take place within twenty-four hours after death. In the oases of all deaths from such diseases, no formal inspection or viewing of such remains by persons other than the visiting physician, Health Officer and the immediate members of the family must be permitted. No formal services or ceremonies shall be held within the premises where said death occurs over the remains of the person who has died from any of said diseases, nor shall the body of any person whose death has occurred from any of said diseases be conveyed to any church or other place of worship for any purpose whatever. Section 2. Every person violating any provision of this oi di- nance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dol¬ lars, and in case such fine be not paid, then the person so fined may OF THE CITY OF OAKLAND. CAL. 233 be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. ■ * j ■ * ' (Approved September 30, 1891. Vol. 3, p. 694.) ORDINANCE No. 1331. \ _ AN ORDINANCE; REQUIRING THE OBTAINING OF PERMITS FOR THE INTERMENT OR REMOVAL OF DEAD BODIES. Be it Ordained by the Council of the City of Oakland, as follows: ft ■ • . • ' ■ ... Section 1. No person shall deposit in any cemetery in the City of Oakland the body of any human being who has died in the said city, or remove the same from Within the limits of the city without first having obtained and filed at the Health Office a certificate, signed by a legally licensed physician or coroner, setting forth as near as possible the name, age, sex, color, place of birth, occupation, locality, and cause of death of deceased, and obtained from the Health Officer a permit in writing therefor for burial or other purposes. -,/i | G *' Section 2. No person shall transport in or through the streets or highways of the City of Oakland the body of any human being who has died without the limits of the city, or any body or remains of a deceased person, exhumed or taken from any grave, unless the person transporting such body or remains shall first obtain from the Health Officer a permit in writing therefor, which shall accompany the body or remains. (See Charter, Sec. 180.) Section 3. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 698.) ORDINANCE No. 1332. AN ORDINANCE TO REGULATE THE MANNER OF KEEPING COWS AND OTHER ANIMALS. 234 GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall in the City of Oakland keep any cow, horse, cattle, goat, swine or other animal in such manner as may injuriously affect the health of any neighborhood or person. Section 2. Every person having the care or control of any yard, stable, pen or other place in the City of Oakland where cows, horses, cattle, goats, swine or other animals are kept shall keep such yard, stable, pen or place clean and free from stagnant water and all filthy or unhealthful substances. Section 3. Every person violating any of the provisions of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 699.) ORDINANCE No, 1344. AN ORDINANCE TO PREVENT THE DISCHARGE OR DEPOSIT OF SEiWAGE, DRAINAGE AND GARBAGE INTO LAKE MER¬ RITT. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall cause or permit any sewage, drain¬ age or garbage of any house or premises to be discharged info or de¬ posited in Lake Merritt or any of its tributary streams, within the limits of the City of Oakland. Section 2. Every person violating any provision of this ordi¬ nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 712.) / OP THE CITY OP OAKLAND, CAL. ORDINANCE No. 1346. AN ORDINANCE TO PROHIBIT THE MAINTENANCE OF STAG¬ NANT WATER AND NAUSEOUS AND OFFENSIVE SUB¬ STANCES. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person having the possession or control of any real property in the City of Oakland shall cause, permit or allow upon the same, any stagnant water or any nauseous or offensive substance. (As amended. Vol. 5, p. 541.) Section 2. Every person violating any provision of this ordi¬ nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol 3, p 714) ORDINANCE No. 1348. AN ORDINANCE REQUIRING THE REPORTING TO THE HEALTH OFFICE OF ALL BIRTHS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. E'very physician and midwife in the City of Oakland shall report to the Health Office on or before the fifth day of each month, all births occurring in his or her practice during the previous month. In the absence of such physician or midwife it shall be the duty of the parent or parents to make such report within thirty days after the birth of any child to them. Section 2. Every person violating any provision of this ordi¬ nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. An ordinance entitled “An Ordinance Concerning a Record of Births in the City of Oakland,” approved Nov. 14, 1870, is hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 716.) 236 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1360. AN ORDINANCE PROHIBITING THE BRINGING INTO THE CITY OF OAKLAND THE BODY OF ANY PERSON WHO DIED OF A CONTAGIOUS DISEASE, WITHIN ONE YEAR OF THE DAY OF DEATH. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person, master, captain or conductor in charge of any boat, vessel, railroad car or public or private conveyance to bring into the City of Oakland the dead body of any person who died of a contagious disease within one year of the day of death. Section 2. Every person violating any provision of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dol¬ lars, or in case such fine be not paid, then the person so fined may be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved November 14, 1891. Vol. 3, p. 731.) ORDINANCE No. 1456. AN ORDINANCE PROVIDING FOR THE CONTROL AND MAN¬ AGEMENT AND LOCATION OF A HOSPITAL, FOR CONTA¬ GIOUS DISEASES, GRANTING GROUNDS AND DESIGNATING THE DUTIES OF THE HEALTH OFFICER IN RELATION TO CERTAIN CONTAGIOUS DISEASES. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Whenever a case of smallpox, Asiatic cholera, yellow or typhus fever is reported to the Health Officer, he shall immediately visit the premises where the person is; and the said Health Officer, upon personal inspection shall, in case of smallpox, Asiatic cholera, yellow or typhus fever, immediately cause to be displayed a quaran¬ tine flag in a conspicuous place on said premises, and put upon the doorway of houses infected with such diseases a placard setting forth the fact, the flag to remain during the continuance of the disease on said premises. OF THE CITY OF OAKLAND, CAB. 237 Section 2. The Board of Health may locate, establish and main¬ tain a hospital for contagious diseases, and discontinue and remove the same when and where such location, establishment and main¬ tenance or discontinuance and removal may be necessary to the preservation of public health, They may appoint and remove at pleasure such physicians and nurses (whose compensation shall be fixed by the Council) for said hospital as may be necessary to main¬ tain the efficiency of the same and comfort of the inmates; and may cause to be removed thereto and kept any person within the limits of the city affected with smallpox, Asiatic cholera, yellow or typhus fever; provided, that no person, unless he is unable or refuses to maintain such quarantine as may be prescribed by resolution of the Board of Health, shall be so removed to any such hospital. The Board of Health may make all rules and regulations regarding the conduct of said hospital as may be needful. No person shall remove a patient affected with 'the diseases above named from any house or place within the limits of the city or to any other house or place without the permission of the Health Officer. Section 3. The Board of Health may proclaim such quarantines and establish and declare such quarantine districts and grounds, and the boundaries thereof, as may in their judgment be necessary for the preservation of public health; and may, when deemed necessary, re¬ quire all vessels, railroad cars or other public conveyances, before the same shall land or stop at any landing, depot or any stopping place in the city, to stop or touch at any of either of the districts, grounds or boundaries so selected and established for quarantine purposes, and leave all such persons, with their stores and baggage, as in the opinion of the Health Officer or physician stationed at such quarantine site, places or boundaries shall be deemed proper on account of the existence or general report of Asiatic cholera, smallpox, yellow or typhus fever. Section 4. The said Board of Health shall make such rules and regulations for the government of the quarantine or the health of the city as from time to time they shall deem necessary; and the physicians or Health Officers in charge of any quarantine station or place shall have power to make and enforce such regulations as may be necessary for the proper management thereof; and it shall be the duty of all persons in quarantine, and all agents, officers, policemen or others employed by the city in and about said quarantine stations or places, to carry out and obey the same. Section 5. EVery person violating any provision of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dol¬ lars, and in case such fine be not paid, the person so fined may be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 6. This ordinance shall 'take effect immediately upon its approval. (Approved September 7, 1892. Vol. 4, p. 276.) GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1870. AN ORDINANCE PROVIDING FOR THE CONTROL AND MANAGE¬ MENT AND LOCATION OF QUANANTINE DISTRICTS, AND DESIGNATING THE DUTIES OF THE HEALTH OFFICER IN RELATION TO CERTAIN CONTAGIOUS DISEASES. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Whenever a case of diphtheria or scarlet fever is re¬ ported to the Health Officer by a regularly licensed physician, he shall immediately cause to be displayed in a conspicuous place on the premises where such disease exists, and put upon the doorway of the houses infected with such disease a placard setting forth the fact, the same to remain during the continuance of the disease on said premises. Sction 2. The Board of Heath may proclaim such quarantines and establish such quarantine districts and the boundaries thereof as may be nece-ssary for the preservation of the public health and for the control of the diseases hereinabove mentioned. Section 3. The Board of Health shall make such rules and regu¬ lations for the government of such quarantines or quarantine dis¬ tricts as from time to time they shall deem necessary for the health of the city, and the physician or Health Officer in charge of said quarantines or said quarantine districts shall have power to make and enforce such regulations as may be necessary for the proper management thereof; and it shall be the duty of all persons in quar¬ antine, and all agents, officers, policemen and others employed by the city in and about said quarantines and quarantine districts to carry out and obey the same. Section 4. No person except the duly authorized agent of the Board of Health shall remove, tear down, cover up, obliterate or destroy any copy of any order of the Board of Health placarded and fixed conspicuously on the front of any building as required and pro¬ vided for by the provisions of this ordinance. Section 5. The fixing of a copy or copies of any order of the Board of Health required and provided for by the provisions of this ordinance upon any building within the City of Oakland is hereby declared not to be a defacing of said building in the meaning of Or¬ dinance No. 932, entitled “An Ordinance to Prohibit the Defacing of Buildings and Trees by Advertising Notices, and to Prohibit Carrying Placards and Distribution of Advertising Notices on Side¬ walks in the City of Oakland,” approved September 4, 1883. Section 6. EVery person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be punished by a fine not to exceed one hundred OF THE CITY OF OAKLAND, CAL. 239 dollars, and in case the fine be not paid, the person so fined may be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 7. This ordinance shall take effect immediately upon its approval. (Approved Feb. 12, 1898. Vol. 5, p. 229.) ORDINANCE No. 1520. AN ORDINANCE TO PROTECT SEWERS AND SEWERING IN THE CITY OF OAKLAND BY PROHIBITING THE UNAUTHORIZED DISCHARGE, DEPOSIT OR INTRODUCTION THEREIN OF SEWAGE', DRAINAGE OR GARBAGE MATTER FROM WITHOUT THE CITY. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person without having first obtained the permission of the Council of the City of Oakland so to do, shall directly or indi¬ rectly discharge, deposit or introduce from without the City of Oakland any sewage, drainage or garbage matter in or into any sewer within the City of Oakland, or in or into any sewer extension, sewer branches or sewer connection connecting therewith. Outside sewers, for the purposes of this ordinance, are those ly¬ ing outside the City of Oakland. The use or connection, or con¬ tinuance of the use or connection, of any outside sewer in conjunc¬ tion or connection with any sewer extension or sewer pipe which connects with any sewer within this city, by which outside sewer use or connection, or the continuance of either, any sewage, drain¬ age or garbage matter is allowed or caused, directly or indirectly, to be introduced or conveyed into any sewer wfithin this city, is and shall be deemed a violation of this ordinance, unless before such out¬ side use is begun or continued, or before such outside connection Is made or maintained, permission of said Council to enter upon or con¬ tinued such use or to make or maintain such connection, shall hav« first been obtained. Section 2. Any person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine not exceeding one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine imposed. Section 3. This ordinance shall take effect immediately. (Approved April 27, 1893. Vol. 4, p. 415.) I 240 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1532. AN ORDINANCE PROVIDING FOR THE PLACARDING AND VA¬ CATING OF BUILDINGS UNFIT FOR HUMAN HABITATION, AND REPEALING ORDINANCE NO. 1225, ENTITLED “AN OR¬ DINANCE REQUIRING THE VACATING OF BUILDINGS UN¬ FIT FOR HUMAN HABITATION,” APPROVED NOVEMBER 25, 1890. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Whenever it shall be certified to the Board of Health by the Health Officer that any building- or part thereof is unfit for human habitation by reason of its being so infected with disease, or from other causes, as to be likely to cause sickness among its occu¬ pants, said Board may issue an order requiring all persons therein to vacate said building, or the infected part thereof, and shall cause a copy of said order to be affixed conspicuously on the front of the said building, and shall also cause a copy of said order to be served personally, or by mail, if personal service cannot be made, upon the owner, agent or lessess of said building. Said order shall state the reasons for requiring the infected building or portions thereof to be vacated, and shall require the said infected building or portions thereof to be vacated within ten days after the affixing thereon, as hereinbefore provided of a copy of said order; provided, however, that if in the opinion of the Board of Health, the public safety and health shall require said infected building or portion thereof to be sooner vacated, then the said Board of Health may require, and said order shall provide for, the vacating of said infected building or portion thereof within a shorter time than ten days; provided, however, that said shorter time shall in no case be less than twenty-four hours from the affixing of a copy of said order upon said infected building. Section 2. No person except a duly authorized agent of the Board of Health shall remove, tear down, cover up, obliterate or destroy any copy of any order of the Board of Health affixed conspicuously upon the front of any building, as required and provided for by the provisions of this ordinance. Section 3. The affixing of a copy or copies of any order of the Board of Health required and provided for by the provisions of this ordinance upon any building within the City of Oakland, is hereby declared not to be a defacing of said building within the meaning of Ordinance Number 932, entitled, “An Ordinance to Prohibit the Defac¬ ing of Buildings and Trees by Advertising Notices, and to Prohibit Carrying of Placards and Distribution of Advertising Notices on Side¬ walks in the City of Oakland,” approved September 4, 1883. Section 4. Every person violating any of the. provisions of this OF THE CITY OF OAKLAND, CAL. 241 ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment in the City Prison of the said City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 5. Ordinance No. 1225, entitled, “An Ordinance Requiring the Vacating of Buildings Unfit for Human Habitation,” approved No¬ vember 25, 1890, is hereby repealed. Section 6. All ordinances and sections or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. This ordinance shall take effect and be in full force im¬ mediately upon its approval. (Approved June 19, 1893. Vol. 4, p. 435.) ORDINANCE No. 1595. AN ORDINANCE CONCERNING THE REMOVAL OF SWILL, GARB¬ AGE, FILTH, OFFAL OF ANY KIND, MANURE, RUBBISH OR ANY OFFENSIVE OR ILL SMELLING MATTER, OR ANY AD¬ MIXTURE OF SWILL, GARBAGE, FILTH, OFFAL, OF ANY KIND OR ANY OFFENSIVE OR ILL-SMELLING MATTER a^D REPEALING ORDINANCE NO. 1576, ENTITLED, “AN ORDI¬ NANCE CONCERNING THE REMOVAL OF SWILL, GARBAGE, FILTH, BUTCHERS’ OFFAL, MANURE AND RUBBISH,” AP¬ PROVED NOVEMBER 29, 1893. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared unlawful for any person to use any cart or vehicle upon any public street, lane or alley within the limits of the City of Oakland for the conveyance or removal of swill, garbage, filth, offal of any kind, or any offensive or ill-smelling matter, or any admixture of swill, garbage, filth, offal, of any kind, or any offensive or ill-smelling matter, between the hours of 12 o’clock noon and 6 o’clock in the evening of each day. Section 2. No person shall use any cart or vehicle for the con¬ veyance or removal of swill, garbage, filth, offal of any kind or any offensive or ill-smelling matter, or any admixture of swill, garbage, filth, offal of any kind, or any offensive or ill-smelling matter, unless the said cart is staunch, tight and closely covered with a wooden or metal cover, so as 10 wholly prevent leakage or smell; nor use any cart or vehicle for the conveyance or removal of manure unless the 242 GENERAL MUNICIPAL ORDINANCES said cart or vehicle be provided with a canvas cover securely fastened over the top thereof, and be so constructed as to prevent the deposit of such manure or any portion thereof in or upon the streets through which said cart or vehicle may be driven. For the purposes of this ordinance the term “manure” shall only include the dung of animals mixed with hay or straw or both hay and straw. Section 3. Any person violating any of the provisions of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon convic¬ tion thereof shall be punished by a fine not exceeding one hundred (100) dollars, and in case such fine be not paid, then the person so fined may be imprisoned at the rate of one day for every two dollars of the fine so imposed. Section 4. Ordinance Number 1576, entitled “An Ordinance Con¬ cerning the Removal of Swill, Garbage, Filth, Butchers’ Offal, Manure and Rubbish,” approved November 29, 1893, is hereby repealed. Section 5. This ordinance shall take effect immediately upon its passage and approval. (Approved Feb. 14, 1894. Vol. 4, p. 527.) ORDINANCE No. 1616. AN ORDINANCE REQUIRING THE REPORTING TO THE HEALTH OFFICE OF ALL ANIMALS SUFFERING FROM CERTAIN DISEASES. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Every Veterinary Surgeon practicing medicine in the City of Oakland shall immediately report in writing to the Health office every animal he shall have sick of contagious pleuro-pneumonia, tuberculosis, foot and mouth disease, anthrax, Texas fever,t actinomy¬ cosis, glanders, farcy and hydrophobia. t Section 2. Every person violating any provision of this ordi¬ nance is guilty of a misdemeanor, and upon conviction thereof shall be punished 'by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved July 3, 1894. Vol. 4, p. 571.) OF THE CITY OF OAKLAND, CAL. 243 ORDINANCE No. 1618. AN ORDINANCE TO PROHIBIT AND PUNISH THE PRODUCTION OR SALE OF UNWHOLESOME OR ADULTERATED MILK OR CREAM. Be it Ordained by the Council of the City of Oakland, as ioIIows: Section 1. It shall be unlawful for any person or persons to bring into the City of Oakland, or to sell, exchange or distribute, or •expose for sale, exchange or distribution, any diluted, impure, adulter¬ ated or unwholesome milk. Section 2. It shall be unlawful for any person or persons to keep any cow or cows for the production of milk for sale, exchange or distribution, in said City of Oakland, in any crowded or unhealthy condition, or to feed said cow or cows on any food or give them any¬ thing to drink which could or would produce impure, diseased or un¬ wholesome milk. Section 3. It is hereby declared to be unlawful for any person or persons to offer for sale, exchange or distribution any milk in the City of Oakland, unless the name of the dairy or dairies from which said milk is brought is conspicuously and legibly inscribed upon the wagon or vehicle in which said milk is sold, exchanged or distributed, in letters at least three inches in height and unless the name or initials of the name of said dairy be also legibly and distinctly inscribed upon the cans containing said milk in letters at least one and one-half inches ,in height. Section 4. It is hereby declared to be unlawful for any person or persons to deliver any milk in the City of Oakland unless they shall register the dairy or dairies from which said milk comes in the Health Office. Said registration shall consist, first, in giving the name or names of the owner of owners of the dairy; second, in givng the name or names of the dairy or dairies from which the milk is taken; third, in giving the location of the dairy or dairies from which the milk is taken; fourth, in giving the number of cows owned and milked in said dairy; fifth, every owner of a dairy in the City of Oakland, or bringing milk into said city, shall cause the same to be registered at the Health Office within thirty days after the approval and adoption •of this ordinance, or within thirty days after commencing to do a dairy business and during the month of each and every January there¬ after or when specially notified in writing so to do by the Health Officer; sixth, all changes of location of a dairy shall be reported by the owner to the Health Office in writing 15 days after said change. Section 5. It shall be unlawful for any person to bring into said city for the purpose of sale, exchange or distribution, any milk from a dairy kept in an unsanitary or unwholesome condition, or for any 244 GENERAL MUNICIPAL ORDINANCES person to expose for sale, exchange or distribution any milk from such a dairy; nor shall any milk with the cream abstracted therefrom be brought into said city for the purpose of sale, exchange or distribution, unless the can in which said milk is contained shall have plainly let¬ tered thereon the words “Skimmed Milk;” nor shall any milk with the cream abstracted therefrom be sold, exchanged, exposed for sale or distributed unless the can in which said milk is contained shall have plainly lettered thereon the words “Skimmed Milk.” (As amended, approved January 26, 1901. Vol. 5, p. 532.) Section 6. If any person or persons who sell, exchange, dis¬ tribute or expose for sale milk in said city shall keep among their cows from which milk is obtained to be sold, exchanged, distributed or exposed for sale any sick or diseased cow or cows, after notifica¬ tion of the diseased condition of said cow or cows by the Inspector of Markets, Meat and Milk and Veterinary Surgeon, such person or persons shall not bring or sell milk within the said city while retain¬ ing the ownership or possession of such sick or diseased cow or cows. Section 7. It shall be unlawful for any person or persons to feed or cause to be fed to any milch cowst any still slops, brewers’ grains,, garbage or any decayed vegetable matter or other food calculated to render the milk of such cows unsuitable or unwholesome for human food. Section 8. The Health Officer, the Inspector of Markets, Meat and Milk and Veterinary Surgeon, the Sanitary Inspector or any po¬ lice officer shall have the right, and it shall be their duty, to enter and have full access, egress and ingress to all places where milk is stored or kept for sale; to all wagons, carriages or other vehicle, rail¬ road cars or conveyances of any kind used for the conveyance or transportation, or delivery of milk to any warehouse, dairy, hotel, restaurant, place of business, factory, buildings, farms, stables, rail¬ road depot, ferry or steamer landings, erections establishments or places of any kind, to all vessels, cans, packages, refrigerators or re¬ ceptacle of milk, or to take samples therefrom, not exceeding one quart., for the purpose of inspecting, testing and analyzing the same. Section 9. All samples of milk taken for analysis or testing under Section 8 of this ordinance must be analyzed or tested by the per¬ son or persons who may be designated by the Board of Health of the City of Oakland to discharge that duty, and all milk that shall be shown to contain less than three per cent of butter fats, as shown by “Dr. Babcock’s Milk Tester,” or of which the specific gravity shall be found to be less than 1029 degrees as determined by the lactometer, the temperature of the milk at the time of the testing to be 60 degrees Fahrenheit, shall be deemed to be impure, unwholesome and adulter¬ ated. (Amendment approved Jan. 4, 1896. Vol. 5, p. 21.) Section 10. It shall be the duty of the owner, agent, or man¬ ager of any dairy in the City of Oakland or supplying milk to said city to report to the Health Office, in writing, immediately after he ‘ OP THE CITY OP OAKLAND, CAL. 245 shall be aware or have knowledge that any person employed in said dairy, or living upon the premises occupied by said dairy, is suffer* ing from typhoid fever or any contagious or infectious disease. Section 11. Every person who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon •conviction thereof shall be fined by a sum not less than twenty-five dollars, nor more than five hundred dollars, and in case such fine be not paid, then the person or persons so fined shall be imprisoned in the City Prison of the City of Oakland at the rate of one day for each two dollars of the fine so imposed and remaining unpaid. Section 12. This ordinance shall take effect and be in full force immediately upon its passage and approval. (Approved July 7 ,1894. Vol. 4, p. 5,73.) ORDINANCE No. 2108. AN ORDINANCE PROVIDING FOR THE MANNER IN WHICH PLUMBING AND SEWERING FOR DRAINAGE SHALL BE EX¬ ECUTED IN THE CITY OF OAKLAND, THE MATERIALS TO BE USED THEREIN, THE REGISTRATION AND BONDS OF PLUMBERS EXECUTING SUCH PLUMBING WORK, AND THE FILING OF PLANS AND NOTICE TO BE GIVEN AND THE » OBTAINING OF PERMITS BY PLUMBERS AND SEWER MEN EXECUTING THE SAME. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All persons carrying on business or laboring as master or journeyman plumbers in the city shall first register his name and address at the Health Office, and notice of any change in the place of business of a registered plumber shall be immediately given to the Secretary of the Board of Health. Section 2. Every master plumber, before he shall register, must give a bond in favor of the City of Oakland in the sum of five hundred ($500) dollars, with two good and sufficient sureties, for the faithful performance of his duties as plumber, which said bond shall be approved by the Mayor and City Attorney, and filed in the office of the Health Department. Section 3. The plumbing and drainage of any buildings and ad¬ ditions hereafter erected shall be executed in accordance with plans and specifications previously filed in the Health Office, and duly ap¬ proved by the Sanitary Inspector, and it is herewith specially set 246 GENERAL MUNICIPAL ORDINANCES forth that every plumber must before doing any work in any building or addition hereafter erected, file plans and specifications in said Health Office, correctly describing, in detail, the work to be done, also give names of owner, architect and plumber, and the correct lo¬ cation of the building. Section 4. All new sewers and all additions to sewers shall be constructed in accordance with plans and specifications previously filed in the Health Office, and correctly describing in detail the work to be done. Section 5. All material must be of good quality and free from defects; all defective materia] must be removed and sound material put in its place,, and the work must be executed in a thorough and workmanlike manner. Section 6. The arrangement of all soil, vent and waste pipes must be as direct as possible. The soil and waste pipes and the traps, where convenient, should be exposed to view for ready inspection at all times, and for convenience in repairing. Section 7. When there is a sewer in the street, every house or building located upon a lot abutting upon said street, must be separ¬ ately and independently connected with it by an ironstone or cast iron pipe. This, however, shall not permit the use of intermediate sections of ironstone pipe between cast iron pipe, nor the introduction of cast-iron sections between iron-stone pipe. When possible, such connection must be made directly opposite the house. When there is no sewer in the street upon which the property abuts, and it is neces¬ sary to construct a private sewer from such property to connect with a sewer in another street, alley or avenue, it must be laid in the street on which such property abuts, and not through the adjoining lots or under the houses on adjoining property. Section 8. All joints on said iron-stone pipe shall be made with Portland cement, properly mixed with clean, sharp sand, the pro¬ portions thereof being one part cement, two parts sand. Each joint, when laid, must be properly cleaned on the inside by a suitable scraper before the succeeding pipe is put in place. The sewer must be laid at a uniform grade throughout its entire length, and in as straight a line as possible. All changes in direction must be made with curved pipes and all connections with “Y” branches and one-eighth and one- sixth bends. All joints on cast-iron pipes shall be made with a suitable packing of hemp or oakum, and run with molten lead and properly caulked. Section 9. When the lot upon which the building is erected, or the point to be sewered, is not within one hundred and fifty (150) feet of the line of a street having a sewer therein, cesspools may be con¬ structed of brick and cement, and to be in size not less than 6x6x6 feet. The top of said cesspool to be not less than one foot below the surface of the ground and properly ventilated. The bottom and sides of said cess-pools to be made impervious to water, and said cess-pools OP THE CITY OF OAKLAND, CAL. 247 to be cleaned at least every two weeks or oftener when there is danger of contamination of the surrounding soil. Said cess-pools must be placed within twenty feet of any part of any inhabited building, and house drains connecting therewith must 'be trapped and connected the same as house drains connecting with street sewers. Section 10. A,ll persons before connecting with, or opening, or, penetrating any public sewer or drain, must first obtain a permit in writing from the Board of Health. Every person constricting sewers must report to the office of the Health Department every new sewer in course of construction or addition to a sewer already laid. And when said sewer or addition is completed he must fill the same with water for the purpose of testing it, where it lies within the building lines, and report to said office when it is ready for inspection. In no case shall the sewer be covered at any point, either within or without the building lines, until after the same has been inspected and ac¬ cepted by the inspector. * Section 11. Every house or building or addition hereafter erected, must have the house drain constructed of cast iron, where it lies under the building, and to extend beyond said building or foundation walls not less than one foot, provided that where there is a space of less than two (2) feet between the bottom of the floor joists and the ground it shall be what is known to the trade as “extra heavy pipe,” with fittings to correspond. Said pipe and fittings to be stamped as such, and said mark to be in plain sight for inspection. Said extra heavy pipe to be of the following weights: 2 inches . . 5i/ 2 lbs per foot 3 inches . . 9 y 2 lbs per foot 4 inches . . 13 lbs per foot 5 inches . . 17 lbs per foot 6 inches . . 20 lbs per foot but when the house drain is outside the building lines it may be of iron-stone pipe. All cast-iron pipe and fittings placed underground shall be extra heavy. The house drain must have a fall of at least one-fourth of an inch to the foot; it must run along the cellar wall, where practicable, or if lain under the lower floor of the building, it shall be hung in iron straps securely fastened to the floor joists, and in as straight a line as possible. Heavy brass clean-cuts with air¬ tight screw joints must be placed as near the end of each horizontal line of cast-iron drain pipe as practicable, and in a position to be easily accessible (where said line extends five (5) feet in length) when it runs under the first floor of any building. In no case shall they be less than four (4) inches in diameter on the main horizontal line, and the same size as the pine on all other branch lines. All changes in direction must be made with curved pipes, and all connections with “Y” branches and one-eighth bends, with a trap placed under the side¬ walk. The trap must be provided with a fresh air inlet on the house side of the water seal of at least four (4) inches in diameter, leading 248 GENERAL MUNICIPAL ORDINANCES to the outer air. It shall be the duty of the sewer contractor to pro¬ vide a suitable iron box for protecting the fresh air inlet at the curbs, when iron-stone pipe is used. When cast-iron pipe is used the plumber shall provide a suitable iron covering. No brick, sheet metal, or earthenware flue shall be used as a sewer ventilator, nor shall any chimney flue be used for this purpose. All horizontal lines of pipe must have “Y” branches in soil, waste or drain pipes. No tees of any kind allowed in horizontal pipes; provided what is known to the trade as “sanitary tee” may be used in vertical pipes, and in horizontal pipes when used as vent outlets. When an addition is made to any building, and the sewer or house drain of such building is constructed of iron-stone, and found to be in good condition and runs under such building or under the space to be covered by such addition, such sew r er or house drain need not be removed, and connection may be made therewith for the drainage of such addition. (House Sewer) is the term applied to that portion of the main drain extending from a point one foot outside of the outer face of the outer front vault or area wall to its connection with the public sewen (House Drain) is the term applied to the main horizontal drain and its branches inside the walls of the building, extending to and connecting with the house sewer. (Soil Pipe) is the term applied to any vertical pipe extending through the roof, and receiving the discharge of one or more water closets with or without other fixtures. (Waste Pipe) iss the term applied to any vertical pipe, extending through the roof, receiving the discharge of any fixture except water closets. Section 12. Every soil pipe shall be of cast-iron. All cast-iron soil or waste pipes shall be properly fastened and secured with heavy wrought iron straps or hooks. If hooks are used they shall be forged out of one piece of iron, not welded. Waste pipes must be of cast- iron or lead. Every line of soil pipe leading to water closets above the first floor must extend full bore one (1) foot above the roof or fire walls; every line of waste pipe on or above the second floor where more than one fixture branches into same, must run full bore one (1) foot above the roof or fire wall. All waste pipes in basement and first floor to be vented same size as trap of fixtures. No vent pipe shall open less than two (2) feet above the top of any window or door on side or roof of the house where said vent is placed. When the vent of any fixture connecting direct with sewer or house drain comes through the lower roof of a building, the opening of such vent pipe must be at least ten (10) feet from any door or window of main OF THE CITY OF OAKLAND. CAL. 249 building, or of adjacent building; if within ten feet of any such door or window it must be carried above the same at least two feet. Vent pipes from fixtures that empty into hoppers coming through lower roofs need not be carried higher. Section 13. Cast-iron pipe and fittings must be coated both inside and outside with coal tar pitch, applied hot. Section 14. All soil or waste pipes outside the buildings must have all openings stopped and be filled with water for the purpose of testing the same, and allowed to stand until inspected and approved by the Inspector. All connections of lead with cast-iron pipes must be made with brass ferrule*of the same size as the lead pipe and calked into the iron pipe and connected to the lead pipe by a wiped joint; provided, that when what is known to the trade as a “Raymond ferrule” is used it need not be connected by such wiped joint. All connections of lead pipe must be wiped joints. When lead waste pipe is used it must intersect at the same angle as given by “Ys,” one- sixteenth, one-sixth or one-eighth bends. Section 15. Every sink, basin, bath tub, w'ater closet, slop hopper and each set of wash trays, and every fixture having a waste pipe must be separately and effectively trapped, the trap to be placed as near the fixture it serves as practicable. All traps must be protected from syphonage by special air pipes of cast-iron, galvanized wrought iron or lead, to be in size not less than the traps which they vent; provided, that if lead pipe is used it must not exceed five (5) feet in length, and only used for branch venting; and those used to supply air to traps of one or more water closets located in the basement or on the first floor of a building not less than two (2) inches in diameter. No vent shall be connected in such a manner as to form a by-pass. Galvanized tees and square bends may be used in vent pipes, pro¬ vided that in all cases where a closet is placed inside a building or on a porch, there must be one (1) line of four (4) inch pipe extended full bore in the same manner and to the same height as soil and w’aste pipes as in Section L2 hereinbefore provided. When a sink, bath tub, wash basin, or set of wash trays is set not more than five (5) feet from a hopper and discharges into said hopper, the traps of said sink or set of wash trays need not be vented. Vent pipes must be run in the same manner and to the same height as soil and waste pipes, as in Section 12 hereinbefore provided. The air pipes of two or more water closets (when used as a back vent) may be united one (1) foot above the highest fixture, provided said air pipes are not less than two (2) inches in diameter. When branch venting is done, the connection must be made not less than one (1) foot above the top of the fixture where such connection is made. All air pipes must have a continuous slope to avoid collecting water by condensation. When the trap of any fixture is set more than two feet and six inches from the vertical line of the pipe, a return con- 250 GENERAL MUNICIPAL ORDINANCES nection must in all cases be provided. Water closets set in the yard and not within five (5) feet of the building need not be vented. Slop hoppers on the ground used as intercepting hoppers, need not be vented. All safe wastes must be discharged outside the building and not con- ' nected with any other-pipe. Section 16. All water closets within a building or on a porch must be supplied from separate tanks or cisterns, the water of which shall be used for no other purpose. A group of water closets may be sup¬ plied from one tank. Hopper closets, when used in yards, shall be be supplied by valves of a bore not less than one-half inch in the clear. When water closets are supplied from tanks, the down or flush pipe must in no case be less than one and one-fourth inches, inside di¬ ameter. No rubber connection will be allowed between water closet and vent pipes. Pan water closet or what is known as “plug water closets,” are strictly prohibited. When water closets are so constructed that the trap is part of the closet, they must be all earthenware or enameled iron, or a combination of these materials. All water closet receivers must be of either earthenware or enameled iron. Water closets or urinals must not be placed in an unventilnted room or com¬ partment, must have a proper opening to the outer air or be venti¬ lated by means of an air shaft or duct. No wooden sinks or wash trays will be allowed inside of any residence or tenement which is to be used as a dwelling. Section 17. Rain water leaders must never be used as soil, waste or vent pipes, nor shall any soil, waste or vent pipes be used as a rain water leader. All rain water leaders or conductors inside of building must be either galvanized wrought iron or cast iron. All leaders must discharge into open-trapped hoppers, or on the surface of the ground. A slop hopper, set on an outside porch and having a drop not exceed¬ ing ten feet, need not be vented, provided the waste pipe be three inches in diameter, with two-inch trap, and does not connect with any other line of soil or waste pipe; but if the drop be more than ten feet, or if the waste pipe connect with any other line of soil or waste pipe, then said hopper must have a two-inch vent pipe, and in that case the waste pipe may be two inches in diameter. When two or more hoppers are on the same line of pipe, the waste pipe must be three inches in diameter, with two-inch traps, and the three-inch pipe must run to the above roof for vent. No back venting is needed on lowe’’ hopper traps. Hoppers on ground floor, outside the building, need no vent pipe. AH hoppers must be trapped, and the trap placed as near the hopper as practicable. Bell traps will not be allowed for any fixture whatever. All hoppers must be supplied with water from a suitable fixture or by a faucet. Slop hoppers set upon a wooden floor must be connected to waste pipe with lead wiped into a brass ferrule, or Raymond ferrule, as in Sec¬ tion 14 as hereinbefore provided, and the same to be caulked. Waste pipe and trap from outside hopper may be ironstone, and such hopper s ' OF THE CITY OF OAKLAND, CAL. 251 must be set on bricks, with cement. All waste pipes from sleeping apartments or pass closets otf sleeping apartments, must dis¬ charge into open-trapped hoppers, outside of the building, except where the building covers the entire width of the lot. Section 18. No steam exhaust will be allowed to connect with any drain, soil, vent or waste pipe. Section 19. All leaders, soil, waste, drain and vent pipes inside of buildings, before being covered, must have all openings stopped and be filled with water for the purpose of testing the same. Old or new work in an old building may be tested with peppermint. The test must be made in the presence of the Inspector, and, if satisfactory, he shall issue the proper certificate, but if the test be not satisfactory, he must withhold the certificate until the evil be remedied; and all owners of buildings must require of the contractors a certificate of good sanitary plumbing and drainage in all cases where such work is being done. The said certificate to be signed by the Inspector, pro¬ vided by law. He must not sign and deliver the same except as here¬ inbefore provided. Upon completion of the plumbing work, the plumber must report to the inspector for final inspection. Section 20. No opening shall be provided in the sewer pipe of any building for the purpose of receiving the surface drainage, un¬ less special permission is granted by the sanitary inspector, and any opening so made must be immediately and permanently closed when di¬ rected by said Inspector. When a building is moved from one site to another, the house drain, when it lies under the building, must be cast-iron pipe, and be put in according to rules governing the same. When a building is moved, but not moved entirely from its original site, the sewer or house drain under such building need not be changed, but all extensions from the same must be made with cast-iron pipe. All extensions of soil or waste pipe of any building that is moved or raised must be made with cast-iron or lead pipe. Lead pipe must be connected by wiped joints, and lead to cast-iron by brass ferruie wiped into lead. Cast-iron must have lead-calked joints. When a new fixture is put in an old building and the room where such fixture is placed is to be used as a sleeping room, said fixture must be properly trapped and vented. No fixture must be put in any buildings without using cast-iron or lead pipe ,(waste pipe), and be properly trapped. When a fixture is placed under a sidewalk of any building, the vent pipe from the same may connect with the fresh air inlet of the- house drain trap or run up through the sidewalk near the curb, pro¬ vided waste pipes from such fixtures must connect to house drain of building. Section 21. No soil, waste, leader or vent pipe of any kind shall be built into brick, stone or concrete walls; where necessary to con¬ ceal pipes of this class they must be run in suitable reveals or re¬ cesses. 252 GENERAL MUNICIPAL ORDINANCES Section 22. When a building has been inspected and the plumb¬ ing work condemned by the Sanitary Inspector as being in an un¬ sanitary condition, notice shall be given in writing to that effect, in¬ forming the agent or owner of the said building what character of repairs or improvements are to be made, and that if there are any objections to the repairs or improvements ordered they must be filed in the Health Office within a period of five (5) days, and if objections are not so filed the alterations or improvements must be made as directed. If objections are so made the agent or owner shall be heard by the Health Officer and his decision shall be final and conclusive as to the repairs or alterations to be made; provided, if any questions are involved which require consideration and action of the Board of Health, in the judgment of the Health Officer, the same shall be sub¬ mitted to the Board of Health for determination. Section 23. All connections of soil pipes or waste pipes with iron¬ stone sewer must be made below the surface of the ground. When¬ ever the Sanitary Inspector is required to inspect any plumbing or sewerage, he shall be given twenty-four (24) hours’ notice thereof. Section 24. All plans and descriptions of plumbing and drainage must be made upon blanks furnished by the Health Department.. Section 25. All plumbing and drainage work in the City of Oak¬ land shall be done in accordance with this ordinance, and no person shall do any plumbing or drainage work in said city except in accord¬ ance with this ordinance. Section 26. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 27. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. Section 28. This ordinance shall take effect immediately. (Approved Sept. 24, 1901. Vol. 5, p. 586.) ORDINANCE No. 1647. AN ORDINANCE CREATING THE OFFICE OF INSPECTOR OF MARKETS, MEAT AND MILK AND VETERINARY SURGEON FOR THE CITY OF OAKLAND, DEFINING THE DUTIES AND FIXING THE SALARY OF THE INCUMBENT THEREOF. Be it Ordained by the Council of the City of Oakland, as follows; OF THE CITY OF OAKLAND, CAL. 253 - Section 1. The office of Inspector of Markets, Meat and Milk and Veterinary Surgeon is hereby created, and the compensation of tne appointee to said office is hereby fixed at the sum of $1200.00, to he paid in twelve equal monthly installments. Section 2. The duties of the Inspector of Markets, Meat and Milk and Veterinary Surgeon are hereby declared to be as follows: He shall take care of all sick horses belonging to the city depart¬ ments, and shall examine any horse or horses the Board of Public Works may direct him to inspect, and report to the Board of Health all cases of suspected contagious disease among animals; shall vigil¬ antly inspect the meat, poultry game, fish, vegetable and fruit markets of this city, and shall examine all articles therein exposed for sale. If any of the said articles so exposed are in any way unfit for human consumption, he shall seize and forthwith remove the same at the expense of the owner in such manner, under the direction of the Health Department, as will be for the public interest and safety. He shall have general supervision of all dairies within the city limits, and shall inspect and examine all milk brought into the city or ex¬ posed or offered for sale therein. And if said milk is in any way unfit for human consumption or adulterated with water or any other fluid or substance, he shall seize the same and cause it to be de¬ stroyed in such manner and in such a way as to him may seem best for the public interest or safety, under the direction of the Board of Health, and perform such other duties as the Board of Health may direct. Section 3. No person excepting a legally qualified veterinary sur¬ geon shall be eligible to be appointed to, or occupy the office hereby created, and appointments to said office shall be made by the Board of Health. The appointee to hold office during the pleasure of the Board. Section 4. In case any article or articles as provided for in this ordinance shall be condemned and destroyed by the Inspector of Mar¬ kets, Meat and Milk, such destruction shall be at the cost and ex¬ pense of any person or persons offering the same for sale. Section 5. Any person violating any of the provisions of this ordinance, or who shall resist or obstruct or evade the Market In¬ spector in the legal exercise of his duty, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not greater than two hundred and fifty ($250.00) dollars, and in case such fine so imposed be not paid, then by imprisonment at the rate of one day for every two dollars of said fine remaining unpaid. Section 6. This ordinance shall take effect and be in full force from and after its approval. (Approved Dec. 13, 1894. Vol. 4, p. 633.) 254 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1735. AN ORDINANCE REGULATING THE STORAGE OF PICKLES AND MATERIALS THEREFOR IN THE CITY OF OAKLAND 1 . Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person, firm, association or corporation shall store within the limits of any one block in the City of Oakland, over one thousand gallons of pickles or vegetable products in course of preparation therefor, unless the same be kept in water tight casks, tanks, bottles, or jars securely closed, excepting in that portion of the city bounded on the north and east by First and West First streets, Lewis street, West Third street and the northerly line of lands of the Central Pacific Railroad Company, and the westerly prolongation of the same. Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed $500, and in case the said fine 4 be not paid, then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for each two dollars of the fine so. imposed and remaining unpaid. Section 3. This ordinance shall take effect from and after its approval. (Approved March 2, 1996. Vol. 5, p. 37.) ORDINANCE No. 1736. AN ORDINANCE REGULATING THE MANUFACTURE OF PICKLES IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section L No person shall engage in the business, or assist in the business of manufacturing pickles in the City of Oakland, ex¬ cept in that portion of the city bounded on the north by Third and West Third street and the northerly line of the lands of the Central Pacific Railroad Company and the westerly prolongation of the same. (As amended July 7, 1900. Vol. 5, p. 476.) Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed $500, and in case the said fine be not paid, then the person so fined may be imprisoned in the City OF THE CITY OF OAKLAND, CAL. 255 Prison of the City of Oakland at the rate of one day for each two dollars of the fine so imposed and remaining unpaid. Section 3. This ordinance shall take effect from and after its approval. (Approved March 2, 1896. Vol. 5, p. 38.) ORDINANCE No. 1802. AN ORDINANCE CONCERNING THE SEPARATION OF ASHES AND CINDERS FROM SWILL, GARBAGE, FILTH, OFFAL OF ANY KIND, MANURE, RUBBISH, OR ANY OFFENSIVE OR ILL-SMELLING MATTER, OR ANY ADMIXTURE OF SWILL, GARBAGE, FILTH, OFFAL OF ANY KIND, OR ANY OFFEN¬ SIVE OR ILL-SMELLING MATTER, IN THE CITY OF OAK¬ LAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared unlawful for any person, owner, agent or occupant of any house, tenement, building or place of busi¬ ness, Within the City of Oakland, to cause or permit any ashes or cinders that may accumulate on said premises, to be or become mixed with any swill, garbage, filth, offal of any kind, manure, rubbish or any offensive or ill-smelling matter, or any admixture of swill, garb¬ age, filth, offal of any kind, or any offensive or ill-smelling matter, but said ashes or cinders shall be deposited and kept until removed in a separate receptacle from that in which swill, garbage, filth, offal of any kind, manure, rubbish or any offensive or ill-smelling matter, or any admixture of swill, garbage, filth, offal of any kind, or any offensive or ill-smelling matter is kept or deposited. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a. misdemeanor, and upon con¬ viction thereof shall be punished by a fine not exceeding one hun¬ dred ($100.00) dollars, and in case such fine be not paid, then the person so fined may be imprisoned at the rate of one day for every two dol¬ lars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved May 17, 1897. Vol. 5, p. 134.) 256 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 2175. AN ORDINANCE REGULATING THE COLLECTING, GATHERING, REMOVING AND DISPOSING OF GARBAGE, OFFENSIVE SUB- STANCES, REFUSE MATTER AND MATERIALS AND ASHES, AND THE DETRUCTION AND INCINERATION OF GARBAGE, OFFENSIVE SUBSTANCES, MATTER AND MATERIAL, CRE¬ ATED AND PRODUCED IN THE CITY OF OAKLAND; FIXING AND IMPOSING THE RATE TO BE PAID BY EACH TENANT, OCCUPANT AND LESSEE OF ALL BUILDINGS, STORES, SHOPS, DWELLINGS AND RESIDENCES WITHIN SAID CITY FOR THE COLLECTION, GATHERING, INCINERATION OF THE SAME PRODUCED OR CREATED BY SUCH TENANT, OCCUPANT OR LESSEE; AND FOR THE PURCHASE OF A GARBAGE PLANT, CREMATORY, LAND, MACHINERY, BUILD¬ INGS AND PERSONAL PROPERTY FOR THE DESTRUCTION, INCINERATION, GATHERING AND COLLECTING OF THE SAME; DEFINING AND PROVIDING THE TERMS AND CON¬ DITIONS OF SUCH PURCHASE; AND CONCERNING THE MANAGEMENT, OPERATION AND CONDUCT OF SUCH GARB¬ AGE PLANT, CREMATORY, LAND, MACHINERY, BUILDINGS AND PERSONAL PROPERTY. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. For the purpose of this ordinance the word “garbage” shall be held to include and mean kitchen and table refuse and offal, swill, and also every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay or dealing in or storage of meats, fish, fowls, birds, fruits or vegetable (saving and excepting that dead animals and offal of slaughter houses are not included within the meaning of said word “garbage” as herein defined.) The term “waste matter” shall include and be held to mean crockery, bottles, broken brick, tin vessels, trimmings from lawns and flower gardens, pasteboard boxes, berry boxes, paper, straw, sawdust, packing material, shavings, boxes, natural soil, street sweepings, earth and stone, and all non-combustible waste matter. The term “Ashes” shall be held to include and mean the residue of materials burned. The term “night soil” shall include and mean the contents of privy valuts, cess pools, dry wells and sinks. Section 2. All garbage and night soil collected in said city shall be consumed and incinerated to an oderless ash in the Garbage Fur- I OF THE CITY OF OAKLAND, CAL. 257 nace of the City Garbage Crematory purchased by said city, or shall be consumed and created to an odorless ash in any crematory here¬ after legally established in said city; provided, however, that all waste matter and ashes shall be kept separate from the receptacles used for garbage. No garbage or waste matter shall be burned upon any street, alley, park, waterway highway or public place, or upon any premises, in the open air within the corporate limits of said city. Section 3. It shall be unlawful for any person or persons, to throw or deposit, or cause to be thrown, or deposited, or placed, or to permit the throwing, depositing or placing of any garbage, night soil or waste matter, manure, brick and plaster (except when said brick and plaster are to be used in building operations or in connection with building per¬ mits) of any filth, or filthy matter upon any street, lane, alley, gutter,, public place, waterway or stream within the corporate limits of said city. Section 4. It shall be the duty of every tenant, lessess or occupant of any private dwelling house in said city to provide within such dwelling house or building, or on the lot or premises, upon which such, building or dwelling house is situated, a suitable place for a garbage receptacle for receiving and holding all the garbage produced, cre¬ ated or accumulated upon such premises between the times for the collection of garbage as hereinafter provided; and all such receptacles shall be at all times located in such places as to be readily accessible for removing or emptying the same; but shall not be placed within the limits of any street, in said city, or anywhere so as to constitute a nuisance. Section 5. It shall be the duty of each such tenant, occupant or lessee to place in such receptacle, furnished by the city, or other legally established garbage crematory, all garbage created, produced or accumulated upon the respective premises occupied by them between the times established in this ordinance for the removal of the same. Nothing but garbage as defined in this ordinance shall be placed in such receptacle. Section 6. All garbage accumulated at any private dwelling house or residence shall be removed by the City Garbage Crematory or such ether crematory as may be hereafter legally established, at regular in¬ tervals of once a week or oftener if necessary, and must be taken to- the City Garbage Crematory, or such other crematory as may be hereafter legally established in said city, and must be con¬ sumed and incinerated therein to an odorless ash, and such crematory shall likewise remove all ashes and waste matter. For such services the occupant, tenant or lessee of each house or flat shall pay to the authorized agent or collector of the city or other garbage crematory the sum of 35 cents per month for each ten-gallon garbage- can removed once a week or less per month; and for such can re¬ moved additional to a removal of once a week iy 2 cents per can. The removal of all ashes and waste matter shall be optional with the tenant, lessee or occupant of every residence house or flat, and must, GENERAL MUNICIPAL ORDINANCES 258 when required, be removed free of charge, provided such ashes and waste matter amount to twenty gallons or less per week, for any person paying for the removal of garbage from the same premises, and $1 per cubic yard for any excess above twenty gallons per week. Any person having ashes or waste matter removed from a residence house or flat from which said crematory does not remove garbage, shall pay 35 cents per month for having the same removed weekly and amount¬ ing to twenty gallons or less weekly; and if more shall pay $1 per cubic yard for such waste matter or ashes removed. Further provided, however, that any person producing garbage may make a contract for the rempyal of such garbage to beyond the city limits for remuneration for such garbage, but such person must first obtain a permit from the Board of Health of the City of Oakland that the person so removing garbage is properly equiped so to do in a sanitary manner, and that such removal is not contrary to the best health and sanitary condition of the city; and that the person so having the same removed is receiving remuneration therefor; and such removal must comply with all the provisions of this ordi¬ nance for the segregation, removal and transportation of garbage. (Amendment approved Jan. 6, 1903. Vol. 6, p. 32.) Section 7. All accumulations of garbage originating at any store, shop, business house, boarding house, meat, vegetable or fish stand or other place not a private residence shall be removed and burned in the garbage furnace of the City Garbage Crematory or other garbage crematory legally established, to an odorless ash, and such crema¬ tory shall also remove all ashes. All such garbage accumu¬ lations shall be kept upon such premises in receptacles furnished by the City Garbage Crematory or other legally established crematory as provided in section 4 and 5 of this ordinance; for such service each keeper of such a business house, meat, vegetable or fish stand, or place other than a private residence, and all apartment houses containing more than ten families, provided all the garbage in any such apart¬ ment house is placed in one receptacle, shall pay to the authorized agent or collector of the city or other garbage crematory the sum of eighty-five cents per cubic yard for such garbage and ashes; and such crematory shall also remove all waste matter, and shall be en¬ titled to receive therefor the sum of $1.25 per cubic yard. The re¬ moval of all ashes and waste matter by such garbage crematory shall be optional with the person or municipal corporation producing the same. Section 8. No straw or manure from any premises shall be per¬ mitted by any person having charge or controlling such premises to accumulate or to be deposited on any street, or public grounds within said city, except as herein provided. No manure box shall be placed in any street. Boxes for holding manure shall be provided by each lessee, tenant or occupant of a stable, and such boxes shall be pro¬ vided with lids, and said boxes shall be kept closed, except when the manure is being placed therein or taken therefrom, and in no in- OF THE CITY OF OAKLAND, CAL. 259 stance shall manure be placed in or upon said box so as to prevent the closing of the lid. All manure not utilized for the fertilizing of gardens or lawns within the city, shall be disposed of by the owner or occupant of the premises wherein such materials have accumulated, either by conveying or causing the same to be conveyed beyond the city limits or other place as directed by the Board of Health. Such manure in being hauled shall be hauled in such manner as to prevent any part of it from being dropped or spilled upon such street. Section 9. No night soil shall be removed by any person without first procuring a written permit therefor from the Board of Health. Such permit shall be exhibited on demand of any police officer, or of any person from whom such person having such permit shall be doing, or shall offer to do, such work. Such person holding such permit and intending to convey night soil to the garbage furnace for its destruction, shall notify the person in charge of such furnace at least twenty-four hours before such delivery, of such intention, and all such work shall be done on Saturday night. The fee for the de¬ struction of night soil by the City Garbage Crematory or other cre¬ matory legally established shall be $1.50 per cubic yard. Section 10. Each person holding such permit shall furnish suitable wagons or carts, and barrels for the removal of night soil, and such persons shall have water-tight, air-tight vessels, in which night soil shall be tightly sealed when hauled through the streets of said city. Such vessels and all other apparatus used for the purposes herein mentioned shall be kept clean and disinfected to the satisfaction of the Board of Health. Section 11. All night soil shall be thoroughly deodorized before being stirred up or removed. Every vault from which night soil is removed shall be thoroughly cleaned and deodorized by the collectors. Section 12. The Board of Health shall issue such permits upon application. Such permit shall contain the name of the person from whose premises or building the night soil is to be removed, and the name of the street and the number of the house or building, and shall be shown to the keeper, attendant or person having charge of the garbage furnace in this ordinance mentioned by the collector upon taking the night soil there. Section 13. AH garbage furnaces and works shall be kept in a sanitary condition, and shall at all times be under the inspection of the Board of Health. Section 14. The Board of Health shall have the power to estab¬ lish rules and regulations governing the collection and disposal of garbage of said city, not inconsistent with the provisions of this ordi¬ nance Section 15. The City of Oakland shall have the exclusive right to gather and collect garbage within said city, and it shall be unlawful for any person, firm or corporation to collect or gather garbage within •said city except the duly authorized agents, servants or employes of / 260 general municipal ordinances said city or Garbage Crematory. Any person or persons violating any provisions of this section shall, upon conviction, be subject to a fine of not less than $10 nor more than $ 100 , or in default of the payment of said fine shall be imprisoned in the City Prison at the rate of one day for every two dollars of the said fine so remaining unpaid. Section 16. All garbage shall be removed or carried through said city on carts or wagons in water tight covered cans, or in covered wagons, so that the contents thereof shall not be offensive, and shall be so loaded and drawn that none of their contents shall fall or spill therefrom; and every such cart or wagon shall be kept clean, well painted on the outside and shall be marked with the words “City Garbage;” and the carts and wagons shall be numbered in numerical order, with the number of each painted on the outside thereof so as to be plainly seen. Each driver of such cart or wagon and all assist¬ ants employed in connection therewith shall wear a distinctive uniform and badge with the words “Garbage Collector” thereon. Section 17. The said garbage collectors shall call regularly as pro¬ vided in this ordinance at all dwellings, residences, restaurants, shops, stores, boarding houses, hotels, business houses and any other place where garbage is produced or created in said city, and remove there¬ from as promptly as possible all the garbage placed in the garbage can or receptacle thereon and leave a boiled-out, clean and empty can or receptacle in place of the one upon the premises from which the same was taken. Section 18. The said garbage shall be removed in such manner as not to be needlessly offensive or filthy in relation to any person, place, building or premises or highway. The garbage shall be re¬ moved to the City Crematory or other legally established crematory in said city twice a week from the stores, shops, hotels, buildings and places in the business portion of said city, and places other than resi¬ dences, or as often as may be necessary for the maintaining of proper sanitary conditions in said city. Section 19. All garbage (save and excepting dead animals and slaughter house offal) created or produced in said city shall be cre¬ mated to an odorless ash. Section 20. In all cases of complaints or disputes arising as to or concerning the place where the receptacle containing garbage shall be put awaiting removal by the collectors, the Health Officer or San- itarv Inspector shall forthwith designate the place, and the decision of either shall be final. Section 21. That this city do and hereby does purchase from the Pacific Incinerating Company, a corporation organized under the laws of the Territory of Arizona, that certain Dixon Steel Shell Crematory with patent stench consumer of the capacity of fifty tons per day, with brick stack and brick or galvanized iron building over the crematory, stable, one boiler, site for crematory, horses, w r agons, cans and entire necessary equipment of such crematory, and upon terms and conditions OP THE CITY OF OAKLAND, CAL. 261 stated and set forth and made a part hereof, which said contract is hereby entered into on behalf of said city with the said corporation and shall be and is in the words and figures following, to-wit: This indenture made and entered into by and between the Pacific Incinerating Company, a corporation organized and existing under the laws of the Territory of Arizona, the party of the first part, and the City of Oakland, a municipal corporation of the State of Cali¬ fornia, the party of the second part, by which indenture the parties do hereby contract and agree as follows, to-wit: The said party of the first part does hereby sell unto the party of the second part, that certain Dixon Steel Shell Crematory with patent stench consumer of the capacity of fifty tons per day, with brick stack, brick or galvanized iron 'building over said crematory and stable, site and entire necessary equipment of such crematory, and said party of the first part does agree to erect, construct, furnish and fully equip and complete the same within 90 days from the execution of this contract at its own expense; and the said party of the first part, during the life of this contract and in accordance with the terms and conditions of and at the prices fixed in the ordinance which is a part hereof, and at its own exnense agrees to gather, collect and incinerate in the said crematory to an odorless ash all of the garbage produced or created in said city, and agrees likewise to collect and remove in accordance with the terms and conditions of and at the prices fixed in this ordinance which is a part hereof, all the ashes, night soil and waste matter created and produced in said city, for the sum of $35,000 which said sum is to be paid, and the party of the second part agrees to pay said party of the first part as follows, to-wit: The said party of the first part, during the life of this contract, shall retain the possession of the said Garbage Crematory and equipment thereof, and shall manage and control the same, and shall keep the same in full operation, and shall collect all money payable for the collection, removing and incinerating of all garbage, and for the collection and removal of all night soil, waste matter and ashes produced in said city, according to the rates in this ordinance provided, and for each year the party of the first part con¬ trols and manages and has possession of said Garbage Crematory and does collect and retain the revenue earned thereby, said party of the first part shall allow and credit the said party of the second part with the sum of $1,750 until the said sum of $35,000 is fully paid, at which time this contract shall be fully terminated and ended, and the possession of said cremator and equipment! thereof shall be delivered to the said city free and clear of any incumbrance or claim. At the conclusion of said time the said crematory shall be in perfect running order and shall be fully equipped. And said party of the first part dur¬ ing the time it shall have possession of the said crematory agrees to remove all garbage, ashes and waste matter from the schools and public buildings of the party of the second part free of charge. This ordinance shall not be amended or repealed without the con¬ sent of the parties of the first part. At any time after ten years sub- 262 GENERAL MUNICIPAL ORDINANCES sequent to the passage of this ordinance the said city shall have the right and privilege to take the possession of said property and end and terminate this contract by paying to said parties of the first part the proportion of the purchase price remaining unpaid. (Amendment approved Jan. 6, 1903. Vol. 6, p. 32.) Section 22. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a fine unless otherwise herein specified, of not less than $5 nor more than $50, or in default of the payment of the same shall be imprisoned in the City Prison one day for every two dollars of the fine so imposed and remaining unpaid. Section 23. The Mayor of the city is hereby authorized and em¬ powered on behalf of the city, to sign and deliver the foregoing con¬ tract as amended. (Amendment approved Jan. 6, 1903. Vol. 6, p. 32.) ORDINANCE No. 2153. AN ORDINANCE REGULATING THE GATHERING AND DISPOSAL OF GARBAGE, WASTE AND OFFENSIVE SUBSTANCES. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall dump or place on any lot, land or street, or in any water or waterway, within the limits of the City of Oak¬ land, except such place or places as may be designated by the Health Officer of the said City of Oakland and under and in accordance with and subject! to the regulations of the Board of Health of said City of Oakland, any house refuse, butchers’ offal, garbage, refuse, filth, sludge, bones or other like matter, nor putrid vegetable matter, nor any matter or substance condemned by the Board of Health, nor any other deleterious or offensive substances. Section 2. No person engaged in the business of gathering or disposing of garbage shall retain within the said city limits any of the substances enumerated in Section 1 thereof, or any other offensive or deleterious matter, in any vehicle, car, boat, or other means of con¬ veyance or receptacle for holding or removing the same, for a longer period than thirty-six (36) hours, and all such means of conveyance or receptacle so used shall be so enclosed as to conceal the contents from public view, and prevent the leakage of said materials, and the escape of offensive odors therefrom. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined in a sum not to exceed one hundred. OF THE CITY OF OAKLAND, CAL. 263 dollars ($100), and in case said fine be not paid, then the person so fined shall be imprisoned in the City Prison at the rate of one (1) day for each two dollars ($2) of the fine so imposed and remaining- unpaid. Section 4. This ordinance shall take effect immediately, and all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. (Approved Sept. 10, 1902. Vol. 5, p. 696.) ORDINANCE No. 1806. AN ORDINANCE REQUIRING THE DISINFECTION AND FUMI¬ GATION OF RESIDENCES AND OTHER PLACES WHERE CONTAGIOUS DISEASES HAVE EXISTED. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Whenever any case of smallpox, diphtheria, scarletina, Asiatic cholera, tuberculosis or other contagious disease has existed in any building or other place within the City of Oakland, it shall be the duty of the householder or proprietor of such place, or, if such place has ceased to be occupied, then of the owner thereof, to im¬ mediately and thoroughly fumigate and disinfect such premises in the manner and to such extent as the Health Department may direct. Tne fumigation and disinfection to be done at the expense of the citiy. Section 2. Every person violating any provision of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred dol¬ lars, and in case such fine be not paid, then the person so fined shall be imprisoned at the rate of one day for every two dollars of the fine so imposed and remaining unpaid. Section 3. This ordinance shall take effect and be in force im¬ mediately upon its approval. (Approved May 2, 1897. Vol. 5, P. 139.) ORDINANCE No. 1844. AN ORDINANCE PROHIBITING THE BUSINESS OF GATHERING AND DISPOSING OF WASTE OR OFFENSIVE MATTER BY ANY PERSON, FIRM OR CORPORATION NOT EXPRESSLY AUTHORIZED SO TO DO. 264 GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person, firm or corporation not expressly author¬ ized by ordinance so to do shall make a business of gathering 1 or dis¬ posing of any house refuse, butchers’ offal, garbage, refuse, dirt, ashes, cinders, sludge, crockery, bones, dead animals, putrid vegetable matter, or any putrid or offensive matter of any character or kind whatever, within the City of Oakland. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined in a sum not exceeding one hundred ($100.00) dollars, and in case said fine be not paid, shall be imprisoned at the rate of one (1) day for each two ($2.00) dollars of the fine so imposed. Section 3. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 4. This ordinance shall take effect from and after its approval. (Approved Nov. 4, 1897. Vol. 5, p. 195.) ORDINANCE No. 1848. AN ORDINANCE REGULATING PLUMBING AND DRAINAGE IN BUILDINGS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Every house or building hereafter erected, and every addition to any house or building erected within the City of Oakland, must have the house drain constructed of extra heavy cast-iron pipe, with fittings to correspond, where it) lies under the building, and must extend beyond said building or foundation walls not less than one (1) foot. Said pipe and fittings to be stamped as such, and said mark to be in plain sight for inspection. Said extra heavy pipe to be of the following weights: 2 inches, 5% pounds per foot. 3 inches, 9V2 pounds per foot. 4 inches, 13 pounds per foot. 5 inches, 17 pounds per foot. 6 inches, 20 pounds per foot. At the end of every horizontal line of cast-iron sewer pipe placed within any building in the City of Oakland, heavy brass cleanouts with airtight screw joints must be placed, and in no case shall they be less than four (4) inches in diameter on the main horizontal line OF THE CITY OF OAKLAND. CAL. 265 and the same size as the pipe on all other branch lines. Waste pipes must be of cast-iron or lead. Every line of soil pipe leading - to water closets above first floor must extend full bore, over in a line with and open above main ridge of building. Every line of waste pipe on or above second floor, where more than one (1) fixture branches into the same, must run full bore over into a line with and open above main ridge of building. All waste pipes in basement and first floor to be vented same size of pipe as trap of fixture. All vent pipes must be carried over in a line with and open above main ridge of building. In all cases where a closet is placed inside a building or on a porch, there must be one (1) line of four (4) inch I pipe extended full bore above the main ridge of building. Section 2. When a building is moved from one part of the city to another, or when any new plumbing is done in an old building or any sewering in connection therewith (except in case of repairs and repairs are defined to • consist of repairs of leaks in drain, soil, waste and vent pipes, and repairs on faucets; valves and water supply pipes), the rules and regulations of this ordinance must be followed. ( Section 3. All connections of soil pipes or waste pipes with iron¬ stone sewer must be made below the surface of the ground. When¬ ever the Sanitary Inspector is required to inspect any plumbing or sewerage, he shall be given twenty-four (24) hours’ notice thereof, and for every unnecessary notice so given, the person giving the same shall forfeit to the city and pay to the Secretary of the Board of Health, for the city, the sum of one ($1.00) dollar. Every person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred ($100.00) dol¬ lars; and in case such fine be not paid then by imprisonment in the City Prison at the rate of one (1) day for every two ($2.00) dollars of the fine so imposed and remaining unpaid. (As amended Aug. 6, 1898. Vol. 5, p. 293.) Section 4. This ordinance shall not be construed to repeal any of the provisions of Ordinance No. 1619, except where the same are in conflict with the provisions of this ordinance. Section 5. This ordinance shall take effect from its approval. (Approved Nov. 13, 1897. Vol. 5, p. 200.) ORDINANCE No. 1853. AN ORDINANCE DECLARING CERTAIN STAGNANT WATER AND SEWERAGE MATTER TO CONSTITUTE A PUBLIC NUISANCE, DIRECTING THE ABATEMENT THEREOF, AND PROVIDING A PENALTY FOR NEGLECT OR REFUSAL TO ABATE THE SAME. GENERAL MUNICIPAL ORDINANCES 266 Be it Ordained by the Council of the City of Oakland, as follows: Section 1. The stagnant water and sewerage matter in the chan¬ nels, depressions and sloughs situated on that portion of the West Oakland Marsh lying north of Twenty-second street, west of Union street, south of Twenty-sixth street and east of Peralta street, and also in the channels, depressions and sloughs in that portion of said Marsh, bounded as follow's, to-wit: Beginning at a point in the southerly line on Second street one hundred (100) feet easterly from the east line of Union street and running thence southerly to a point where the marsh land meets the Southern Pacific Railroad embankment/, thence following said marsh line along said embankment to the easterly line of Chester street: thence northerly on said easterly line of Chester street to the south¬ erly line of Second street; thence easterly on said southerly line of Second street to the easterly line of Cypress street; thence northerly on the said easterly line of Cypress street to the southerly line of Fifth street; thence easterly on said southerly line of Fifth street to the westerly line of Union street; thence southerly on said westerly line of Union street one hundred (100) feet; thence southeasterly to point of commencement, are hereby declared and adjudged to be of¬ fensive to the senses, injurious to health and to constitute a public nuisance. Section 2. The owner or owners of premises upon which any of said stagnant water and sewerage matter is situated, and persons in possession or control thereof are hereby required to abate said nuisance forthwith. Section 3. Any person, firm or corporation being the owner or in possession, or control thereof, neglecting or refusing to abate hie same for a period of five (5) days after the passage and approval of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed one hundred ($100.00.) dollars, and in case the fine be not paid, then said person or persons so fined shall be imprisoned one (1) day for each two ($2.00) dollars of the fine so imposed and remaining unpaid, and Each day’s continuance of said nuisance after the expiration of said five (5) days shall constitute a separate offense and be punishable as such. Section 4. All ordinances and parts of ordinances in conflict with. this ordinance are hereby repealed; provided, how T ever, that nothing herein shall be construed as a repeal of the whole, or any part of Ordinance No. 1346. Section 5. This ordinance shall take effect and be in force from and after its passage and approval. (Approved Nov. 17, 1897. Vol. 5, p. 207.) OF THE CITY OF OAKLAND, CAL. ' 267 ORDINANCE No. 1965. AN ORDINANCE DECLARING CERTAIN STAGNANT WATER AND SEWAGE MATTER TO CONSTITUTE A PUBLIC NUISANCE, DIRECTING THE ABATEMENT THEREOF, AND PROVIDING A PENALTY FOR NEGLECT OR REFUSAL TO ABATE THE SAME. Be it Ordained by the Council of the City of Oakland, as follows- Section 1. The stagnant water and sewage matter in the channels,, depressions and sloughs situated on that portion of West Oakland marsh lying within the City of Oakland, State of California, between the south line of B street, the west lines of Center and Willow streets, the north line of Twenty-sixth street, and the east side of the roadbed embankment of the Northern Railway Company, is hereby declared and adjudged to be offensive to the senses, injurious to health and to con¬ stitute a public nuisance. Section 2. The owner or owners of premises upon which any of said stagnant water and sewage matter is situated, and persons in possession and control thereof, are hereby required to abate said nui¬ sance forthwith. Section 3. Any person, firm or corporation being the owner or in possession or control thereof, neglecting or refusing to abate the same for a period of five (5) days after the passage and approval of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof, shall be fined not to exceed one hundred ($100.00) dol¬ lars, and in case the fine be not paid, then said person or persons so fined shall be imprisoned one (1) day for each two ($2.00) dollars of the fine so imposed and remaining unpaid; and each day’s continuance of said nuisance, after the expiration of said five (5) days shall constitute a separate offense and be punishable as such. Section 4. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed; provided, however, that nothing herein shall be construed as a repeal of the whole, or any part, of Ordinance No. 1346. Section 5. This ordinance shall take effect immediately. (Approved Feb. 10, 1899. Vol. 5, p. 350.) 268 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 1854. AN ORDINANCE REGULATING THE SALE OF FRESHLY SLAUGHTERED BEEF, AND THE TRANSPORTING AND EX¬ POSING FOR SALE OF FRESHLY SLAUGHTERED MEAT WITHIN THE LIMITS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person, firm or corporation shall sell, or keep, or offer for sale, either at wholesale or retail, within the City of Oakland, any freshly slaughtered beef until the same shall have been inspected and approved by the United States Government Inspector, and the seal attached thereto according to the Government regulations. Section 2. No person, firm or corporation shall within the City of Oakland convey fresh meats to be offered for sale without covering the same so as to exclude dust therefrom while being transported. Section 3. Every person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one hundred ($100.00) dollars, and in case said fine, or any part thereof, b;e not paid, then the person so fined shall be imprisoned in the City Prison of the City of Oakland at the rate of (1) day for each two ($2.00) dollars of the fine so imposed or remaining unpaid. Section 4. This ordinance shall take effect and be in force from and after its approval. (Approved Nov. 17, 1897. Vol. 5, p. 210.) OF THE CITY OF OAKLAND, CAL. 269 CHAPTER VIII. ORDINANCES RELATING TO CITY WHARF, DOCKAGE, ETC. [Note—For rate of license for wharves conducted by private parties, see Ordinance No. 1480, page 124, ante.] ORDINANCE No. 1548. AN ORDINANCE CREATING THE OFFICE OF CITY WHARFINGER. AND DEFINING THE DUTIES THEREOF, AND FIXING THE SALARY AND BOND OF THE INCUMBENT OF SAID OFFICE. The Council of the City of Oakland do ordain as follows: Section 1. The office of City Wharfinger is hereby created, the duties of which shall be as in this ordinance hereafter defined. Section 2. The City Wharfinger shall be appointed by the City Council, and shall hold office during the pleasure of the Council. Section 3. The duties of said Wharfinger are hereby defined as follows, to-wit: First—He shall have general charge of the water front of the city and shall be at the wharves of the city daily (Sundays and legal holidays excepted) between the hours of 7 a. m. and 5 p. m., and also at! such other times as the business of the wharves may require, or upon the occurrence of severe storms which may endanger the safety of the wharves and the shipping lying thereat. Second—He shall assign positions to all vessels and ferry boats desiring to make fast to the wharves of the city, direct the distribu¬ tion of all freight and merchandise as the same is discharged from vessels or ferryboats or delivered by teams, collect all tolls, wharfage and dockage; report all damages to said wharves at once to the Board of Public Works, and also shall perform such other duties in connection with the said wharves and the business thereof as may be required by the said Board. Third—He shall make a daily record of the business of the wharves, which shall contain a correct account of the arrival and departure of 270 GENERAL MUNICIPAL ORDINANCES every vessel at' or from the wharves, her class, tonnage, cargo, rate of dockage, and the tolls and wharfage, chargeable and collected. Fourth—On or before the third day of each month he shall make a monthly report of the business of the wharves for the previous month to the Council, and shall file a copy of said report with the Auditor and Treasurer, and shall pay over to the Treasurer all moneys received by him during the month. Fifth—He shall see that the following regulations are strictly en¬ forced: 1st. Vessels or ferryboats lying at the end of any wharf shall haul each way to accommodate vessels going in or out, and shall rig in the jibboom if specially ordered by him. 2d. All vessels o y ferryboats not discharging or receiving shall make room for vessels and ferryboats needing immediate accommo¬ dations, and in all cases vessels and ferryboats will haul or change berths at their own expense when ordered by him. 3rd. No vessel or ferryboat shall be moved or made fast in such a manner or in such a place as to interfere with other vessels or ferryboats going into or out of the slips or through the draw. 4th. No ballast or heavy matter shall be thrown overboard from any vessel lying at the wharf or in the slip, and all rubbish shall be puti on the wharf and be removed by the master or owner of the vessel from which it came. Vessels ballasting must have a tarpaulin placed from the vessel to the wharf, so as to prevent any portion falling into the dock. 5th. No pitch-tar or any other combustible material shall be heated on the Wharf, and such work shall be done on floating stays. No discharging engine shall be allowed upon the wharf, unless the same has a good and sufficient spark catcher. 6th. Teams shall not be driven upon the wharf faster than a walk. Section 4. Every captain, mate, officer or other person having charge, control or direction of a ship, tug, ferryboat, sailing craft or other vessel landing or lying at any of the city wharves, shall promptly obey the orders, instructions and directions of the City Wharfiinger as in this ordinance defined and designated. Section 5. Every person violating any provision of this ordi¬ nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 6. The Council shall appoint such Assistant Wharfinger as may be required from time to time, whose duties shall be to assist the City Wharfinger in the performance of his duties as herein pro¬ vided. Section 7. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8. This ordinance shall take effect and be in full force on and after its approval. (Approved August 3, 1893. Vol. 4, p. 460.) OF THE CITY OF OAKLAND, CAL. 271 ORDINANCE No. 1547. AN ORDINANCE REGULATING THE DOCKAGE, LOADING AND UNLOADING OF SHIPPING, AND ESTABLISHING THE RATES OF WHARFAGE, DOCKAGE AND TOLLS ON THE WHARVES OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All vessels entering- Oakland Harbor shall be entitled to a berth at the city wharves for the purpose of discharging or load¬ ing cargo after an application shall have been duly made to the City Wharfinger, stating the draught of the vessel and the character of her cargo. Berths shall be assigned by the Wharfinger to vessels In the order of their arrival, but no part of the city wharves shall be leased to any person. The Wharfinger shall from time to time assign slips and berths for ferryboats as the same may be required. Section 2. The rates of dockage for shipping shall be for each day of 24 hours or any part thereof as follows: For all vessels, steam or sail, and barges of 200 net registered tons or under, 2 cents per ton; for all such vessels of over 200 net registered tons, $4 for the first 200 tons and % of a cent for each additional ton. Lighters shall pay a dockage rate of 1 cent per ton per day, whether discharging into or loading at a wharf, discharging into or loading from a vessel lying at a wharf, or transporting from a vessel to a wharf, or from a wharf to a vessel, but a lighter once charged or having paid dockage at a wharf for any day, may use the same or any other wharf, during that day, without further charge, no matter how often she may leave and return, provided a receipt for payment at the first wharf used be pro¬ duced. [Tolls.] A ton is by weight 2000 pounds, unless otherwise specified; by measurement 40 cubic feet. Merchandise for the purpose of tolls and wharfage must be estimated by weight or measurement as the one mode or the other will give the greater number of tons. [Tolls per load.] Tolls on loads hauled on or off a wharf are as follows: One single load (except where the article hauled is charged for otherwise than by the ton) of a ton or less, 5 cents. Of more than a ton, for each additional ton or part of a ton, an additional 5 cents. On merchandise (except where otherwise specified) per ton 5 cents. On hay discharged from a vessel on any wharf, per ton 10 cents. On hay hauled on to any wharf, per ton 5 cents. On hay discharged from any vessel lying att any wharf or in any slip, dock or basin into another vessel, or received into any such vessel from any lighter or other vessel, per ton 5 cents. 372 GENERAL MUNICIPAL ORDINANCES On hay shipped from any wharf there are no tolls for such ship¬ ment, apart from those paid for discharging or hauling the hay on the wharf. Of the following articles 2240 pounds constitute a ton: Coal, rail¬ road iron, pig iron, gypsum, asphalbum, ores, paving stones, sand and ballast. Agricultural implements, to-wit: Reapers, mowers, headers, sep¬ arators, horse rakes, hay presses, plows, cultivators and wheel vehicles, when knocked down, will be taken by measurement. On wheat or flour shipped from any wharf, no tolls will be collected for such shipment. [Tolls Charged Otherwise Than by the Ton.] On the following articles tolls must be collected as follows: On fir, redwood, spruce, and all softwood lumber, per thousand feet, board measure, 5 cents. On oak, hickory, ash, and all hardwood lumber, per thousand feet, board measure, 10 cents. On piles discharged on any slip, dock, basin or canal, per pile, 3 cents. On fence posts, per 100 or fractional part thereof, 5 cents. On railroad ties, per 1000 feet of lumber, board measure, or frac¬ tional part thereof, contained therein, 5 cents. On redwood shingles, per 40 bundles or fractional part thereof, 5 cents. On cordwood, per cord, 5 cents. On tanbark and stave bolts, per cord, 10 cents. On bricks hauled or discharged on, or loaded from, any wharf, per 1000 or fraction thereof, 10 cents. On wool per sack, 1 cent. On wool in bales, strapped, per bale, iy 2 cents. On hops in bales, per bale, 1 cent. On hides of cattle (green or dry) per hide, % cent. On sheep skins, per skin, 1-16 cent. On goat skins, per skin, 1-16 cent. On deer skins, per skin, 1-16 cent. On seal skins, per skin, 1-16 cent. On not specified skins, 1-16 cent. On cattle, horses or mules, per head, i cents. On colts and calves under a year old, per head, 2 y 2 cents. On sheep and hogs, per head, 1 cent. Reapers, mowers, hay rakes, hay presses, gang plows, cultivators and wheeled vehicles, set up, each, 10 cents. Headers and separators, set up, each 20 cents. On empty barrels (merchandise), each y 2 cent. On empty packages, being returned to the owner, who uses them to send commodities to market in, no tolls will be collected. On any package of merchandise carried by hand on to any wharf, and intended for sale, 5 cents. OF THE CITY OF OAKLAND, CAL. 273 Tolls are due and payable on merchandise as soon as discharged from a vessel, and on merchandise for shipment as soon as it is placed on a wharf. No tolls will be collected on donkey engines nor steve¬ dores’ tools when taken on a wharf for the purpose of loading or discharging a vessel. Merchandise landed on a wharf, and not removed therefrom, may be re-shipped from the same wharf, on the payment of one toll and the wharfage, if any due thereon. Section 3%. On merchandise discharged and remaining on the wharf over 24 hours shall be charged wharfage for each 24 hours until removal at the same rate as the tolls hereinbefore provided. All such merchandise shall be promptly removed at any time when required by the Wharfinger, and in no event shall remain on the wharf to exceed ten days. On merchandise received for shipment and remaining on the wharf over 24 hours before shipment, the same rate of wharfage shall be charged as in this section provided for merchandise received and remaining upon the wharf. Vessels taking in ballast shall be carged one-half rates. .Section 4. Any vessel leaving a wharf without paying charges will be put on the black list, and must pay fifty per cent additional charges and $10 fine before it can dock again. Section 5. Every steam engine used upon the city wharves for loading or unloading cargo shall have upon its smokestack a bonnet or spark catcher that will effectually prevent sparks from falling upon said wharves or upon the deck of any vessel. Section 6. Rubbish or other substance on which no wharfage Is charged shall be removed from the wharf by the person placing it there, and on default must be removed by the Wharfinger at such person’s expense. Coal screens, donkey engines, and all stevedores’ tools and appliances must be removed from the wharf when directed by the Wharfinger. Section 7. In case any damage is done to a wharf, shed or other structure on the water front by a vessel or otherwise, the said dam¬ age, together with the name of the vessel or person causing it, must be reported forthwith by the Wharfinger to the Board of Public Works, and the expense of the repairs of said damage shall be charged against such vessel or individual. Section S’. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 9. This ordinance shall take effect immediately upon its approval. (Approved August 3, 1893. Vol. 4, p. 456.) 274 GENERAL MUNICIPAL ORDINANCES ORDINANCE No. 2237. AN ORDINANCE LEASING TWO WAREHOUSES ON THE MAIN WHARF IN THE CITY OF OAKLAND TO DIMOND FREIGHT AND EXPRESS LINE, AND GRANTING THE RIGHT TO SAID DIMOND FREIGHT AND EXPRESS LINE TO USE SAID WHARF FOR RECEIVING AND STORING FREIGHT THEREIN, AND FIXING THE MONTHLY RENT TO BE PAID THEREFOR, AND AUTHORIZING THE MAYOR OF THE CITY OF OAKLAND TO EXECUTE SAID - LEASE. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. That those two certain warehouses situated on what is known as the main wharf in the City of Oakland, are hereby leased unto Dimond Freight and Express Line, a corporation, for the term of eighteen months, said term commencing on the first day of October, 1903, and that the said Dimond Freight and Express Line shall have the right to use said warehouses on said wharf for the purpose of storing and receiving freight therein during said term, and that said Dimond Freight and Express Line sail pay as rental therefor, the monthly rent of fifty ($50) dollars each month during said term, and that said monthly rent shall be due and payable on the first day of each and every month, during said term, payable in advance, and the said rent shall be paid unto the City Treasurer. Section 2. The Mayor of the City of Oakland is hereby authorized to execute on behalf of the City of Oakland, the lease herein referred to in accordance with the provisions of this ordinance Section 3. Nothing in this ordinance shall be construed as grant¬ ing to said Dimond Freight and Express Line tihe right to collect any wharfage, dockage or tolls on said main wharf, and the City of Oak¬ land hereby expressly reserves the right to collect all wharfage and dockage on said wharf, on which the aforesaid warehouses are lo¬ cated. Section 4. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 5. This ordinance shall take effect and be in full force from •and after its passage. (Approved Nov. 9, 1903. Vol. 6, p. 140.) OP THE CITY OF OAKLAND, CAI 275 ORDINANCE No. 2238. AN ORDINANCE LEASING FRANKLIN STREET PIER IN THE CITY OF OAKLAND TO JAMES P. TAYLOR, AND GRANTING RIGHT TO SAID JAMES P. TAYLOR TO MAINTAIN COAL BUNKERS THEREON, AND FIXING THE MONTHLY RENT TO BE PAID THEREFOR, AND AUTHORIZING THE MAYOR OF SAID CITY OF OAKLAND TO EXECUTE SAID LEASE. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. That certain wharf in the City of Oakland, known as the Franklin Street Pier, is hereby leased unto James P. Taylor for the term of five years, said term commencing- on the first day of October, 1903, and that said James P. Taylor shall have the right to maintain coal bunkers on said pier during said term, and that said James P. Taylor shall pay as rental therefor the monthly rent of one hundred ($100) dollars each month during said term, and that said monthly rent shall be due and payable on the first day of each and every month during said term, payable in advance, and that said rental shall be paid to the City Treasurer. Section 2. The City of Oakland hereby expressly reserves the right to collect all wharfage and dockage in relation to said wharf or pier, and no right to collect wharfage, dockage or tolls is granted in said lease, to said James P. Taylor. Section 3. The Mayor of the City of Oakland is hereby authorized to execute on behalf of the City of Oakland, the lease herein referred to in accordance with the provisions of this ordinance. Section 4. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 5. This ordinance shall take effect and be in full force and •effect from and aft^r its passage. (Approved Nov. 9, 1903. Yol. 6, p. 141.) 276 GENERAL MUNICIPAL ORDINANCES CHARTER IX. ORDINANCES RELATING TO THE CITY POUND. ORDINANCE No. 820. AN ORDINANCE CREATING THE OFFICE OP POUNDMASTER AND DEFINING HIS DUTIES; TO PREVENT CERTAIN ANI¬ MALS FROM RUNNING AT LARGE, AND TO PROVIDE FOR THE BURIAL OF DEAD ANIMALS IN THE CITY OF OAK¬ LAND. The Council of the City of Oakland do ordain as follows: Section 1. The office of Poundmaster is hereby created, and it is hereby made the duty of the City Council to appoint some suitable person to fill said office immediately upon the approval of this ordi¬ nance; said Poundmaster shall hold his office during- the pleasure of the City Council, and shall perform the duties and receive the fees hereinafter set forth, which said fees shall constitute his entire com¬ pensation for the duties performed under this ordinance, to be col¬ lected from the owner or possessor, or from the sale of any animals impounded, and in no case to become a charge against the City of Oakland, except as herein after provided. (Amendment approved April 24, 1893. Vol. 4, p. 414.) Section 2. The Poundmaster shall erect or cause to be erected at his own expense, in a location to be approved by the City Council, a suitable inclosure to keep and safely hold all animals hereinafter enumerated and subject to be impounded, which shall be known as the City Pound. Section 3. The Poundmaster, before entering upon the discharge of the duties of his office, shall make and execute a good and suf¬ ficient bond, with two or more sureties in the sum of one thousand dollars, payable to the City of Oakland, conditioned for the faithful performance of his duties as such Poundmaster, and shall have power to appoint such number of deputies, not exceeding two as in his judgment may be necessary to assist him in carrying out the pro¬ visions of this ordinance, said appointments to be made in writing OF THE CITY OF OAKLAND, CAL. 277 filed in the office of the City Clerk. (Amendment approved February 9, 1883. Vol. 3, p. 94.) Section 4. ItJ is hereby declared unlawful for any ox, bull, cow, horse, colt, jack, mule, calf, sheep, goat and hog, ducks and geese to run at large in the City of Oakland, or to be pastured or herded (or staked or tied for the purpose of grazing) in any of the streets, lanes, alleys, courts or places, public squares or other grounds be¬ longing to or under the control of the City of Oakland, and it shall be unlawful for any of said animals or stock of any kind to be tied, staked, pastured or to run at large upon any private property within the limits of said City of Oakland, unless by consent of the owner or occupant of such property. Section 5. It shall be the duty of the Poundmaster to take up, impound and safely keep any of the animals enumerated in Section 4 of this ordinance found running at large, staked, tied or being herded or pastured in any street, lane, alley, court or place, or public ground, or upon any private lot or ground in the City of Oakland, contrary to the provisions of Section 4 of this ordinance. When any animal is so impounded, the Poundmaster shall immediately notify the owner thereof, if known to him, and shall post 1 three notices, one on the City Hall bulletin board, one at the postoffice and one where the animal was taken from. Said notices shall contain a full description of said animals and shall set forth that unless reclaimed, will be sold at public auction to the highest bidder at a time and place to be specified in said notice, which shall not be less than five nor more than ten days, from the posting thereof, and if said animals are not re¬ claimed before the expiration of the time specified in the said notice, the Poundmaster shall proceed to sell the same at the time and place in manner specified in said notice, provided that all animals so taken into the custody of the Poundmaster, which by reason of age or disease or other infirmity are unfit for further use, or are dangerous to be kept impounded, shall be destroyed by him (after examination by tihe Veterinary Surgeon of the Society for the Prevention of Cruelty to Animals) within twelve hours from the time such animals have been impounded, and in the case of such animals he shall not be re¬ quired to give the aforesaid notice. (Amendment approved May 23, 1894. Vol. 4 ,p. 556.) Section 6. The owner of any animal impounded shall have the right to reclaim the same at any time prior to the sale thereof upon payment to the poundmaster of the costs and charges hereinafter provided in this ordinance, for impounding and keeping said animal, or if sold, to receive the proceeds of the sale thereof, less t'he costs and charges aforesaid, within thirty days after such sale, upon satis¬ factory proof of his or her ownership of the property sold, duly made before the Police Judge of the City of Oakland. Section 7. The Poundmaster shall cause all animals impounded by him to be provided with sufficient food and water suitable for such animals, and upon his neglecting so to do shall be liable to the owner for ail damages arising therefrom. 278 GENERAL MUNICIPAL ORDINANCES Section 8. The Poundmaster shall be entitled to receive from the owner of any aminal, except dogs, the following fee for impounding and keeping the same, to-wit: Horses, bulls, oxen and cows, per head.$4.00 Jacks, rhules, steers and colts, per head. 4.00 Hogs, sheep, goats and calves, per head. 1.50 Ducks and geese, per head. 25 And the further sum for keeping the same per day: Horses, bulls, oxen and cows, per head. 50 Jacks, mules, steers and colts, per head. 50 Hogs, sheep, goats and calves, per head. 25 Ducks and geese, per head. 05 With twenty per cent on the gross sales made by him, as hereinbe¬ fore provided. Section 9. It is hereby declared unlawful for any dog of the age of six months and upwards not duly licensed and registered in ac¬ cordance witih the provisions of an ordinance entitled “An Ordi¬ nance Providing for the Licensing and Registration of Dogs in the City of Oakland,” approved July 10, 1873, to run or be at large in any of the streets, lanes, alleys, courts or places or public grounds in said City of Oakland; and it is hereby made the duty of the Pound- master to take up and impound any dog of the age of six months and upwards not licensed and registered, found running at large in any street, lane, alley, court or place, or public grounds in said City of Oakland. Any dog of the age of six months and upwards so im¬ pounded may be redeemed by the owner or possessor thereof within three days, upon the payment to the said Poundmaster of the sum of three dollars, and ten cents for each day for keeping the same. All dogs of the age of six months and upwards not redeemed as herein provided shall be sold or killed by the Poundmaster, and any licensed and registered dog found running at large without a tag as required by law shall be taken to the Pound, and if claimed by the owner within three days, the Poundmaster shall be entitled to receive the sum of one dollar from the owner or possessor thereof as a fee for impounding the same. And all dogs of the age of six months and upwards impounded and unclaimed and not sold by the Poundmaster within three days shall be killed and buried in the city burial place for dead animals by the Poundmaster, and he shall be entitled to receive from the city a fee of one dollar each therefor. (Amendment approved June 6, 1889. Vol. 3, p. 337.) [Note.—Section 2 of the ordinance amending the preceding sec¬ tions provides as follows: “Nothing in this ordinance shall be construed as operating against dogs under six months old, which shall be exempt from seizure, im¬ poundment and slaughter.”] Section 10. If any animal impounded under the provisions of this ordinance be not redeemed or sold within the time and in the OF THE CITY OF OAKLAND, CAL. 279 manner specified, the Poundmaster shall kill and bury the same in the city burial place for dead animals in the manner, and for which he shall be entitled to receive the fee, as hereinafter provided, for the burial of dead animals. Section 11. It shall be the duty of all persons having- dead ani¬ mals upon their premises, or who shall be the owner or possessot of any dead animal which die within the City of Oakland, to bur^ the same at least four feet underground, except cats, dogs or fowj, which shall be buried at least two feet underground, either upon his own premises or in the city burial place for dead animals, within forty- eight, hours after the same shall die; and upon the request of any owner or possessor of any dead animal, it shall be the duty of the Poundmaster to proceed forthwith to bury the same in the city burial place for dead animals, for which he shall be entitled to receive from the owner or possessor of such dead animals, the following fees, to-wit: For burying horses, bulls, oxen and cows, each.$5.00 For burying jacks, mules, steers and colts, each. 4.00 For burying hogs, sheep, goats and calves, each. 3.00 For burying ducks and geese, each.25 For burying dogs, each. 1.00 Section 12. If any person fail or neglect to bury any dead animal, as provided for in this ordinance, then in such case it shall be the duty of the Poundmaster to proceed forthwith to bury the same; and it shall be lawful for the Poundmaster to charge to and to re¬ cover from the owner or possessor of such dead animal the fees here¬ inbefore provided; and if any such person shall neglect or refuse to notify the Poundmaster of any dead animal upon his premises, or of which he is the owner or possessor, or to pay the Poundmaster the fee as hereinbefore provided, shall be deemed guilty of a misde¬ meanor, and upon conviction thereof shall be fined in a sum not less than ten dollars nor more than thirty dollars; and in default of the payment thereof, shall be imprisoned in the City Prison of the City of Oakland one day for every two dollars of such fine. And in case the Poundmaster, after diligent search, cannot find the owner or possessor of such dead animal, and shall make oath to that effect, then he shall be entitled to one-half of the said fees from the City of Oakland for the burial of such dead animal. (Amendment approved November 18, 1886. Vol. 3, p. 221) Section 13. If any person shall rescue any animal from the possession of the Poundmaster while conveying, or being about to convey, the same to the City Pound, or shall make any Pound breach, or in any way directly or indirectly convey or deliver any animal out of the City Pound without lawful authority, he shall be deemed guiltj of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than ten dollars nor more than fifty dollars; and in default of the payment thereof, shall be imprisoned in the City Prison, one day for every two dollars of such fine. 28 o GENERAL MUNICIPAL ORDINANCES Section 14. The Poundmaster shall make a true and correct re port, under oath, to the City Council on the first Monday of each month of all the animals of each kind impounded by him during the month; of the number redeemed and sold, and the amount received therefor, and the number killed of each kind, with the number and kind buried and the amount received therefor. Section 15. The Poundmaster shall, before he proceeds to kill any animals subject to be killed under the provisions of this ordinance, notify the Captain of Police of his intention to kill such animals, who shall detail an officer of the police force to be present at the time and place of the killing, of such animals. Section 16. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 17. This ordinance shall take effect and be in full force from and after its approval. (Approved May 13, 1879. Vol. 2, p. 711.) ORDINANCE No. 866. AN ORDINANCE SUPPLEMENTAL TO AN ORDINANCE ENTITLED “AN ORDINANCE CREATING THE OFFICE OF POUND- MASTER AND DEFINING HIS DUTIES; TO PREVENT CER¬ TAIN ANIMALS FROM RUNNING AT LARGE, AND TO PRO¬ VIDE FOR THE BURIAL OF DEAD ANIMALS IN THE CITY OF OAKLAND,” APPROVED MAY 13, 1879. The Council of the City of Oakland do ordain as follows: Section 1. Every person taking up any animal liable to be im¬ pounded under the provisions of any ordinance of this city, shall, within twelve hours after taking up such animal, or if the same be attached to a vehicle within four hours, give notice thereof to the Poundkeeper or Chief of Police, and the Poundkeeper shall there¬ upon take such animal into his custody ,and every person to whom such animal may be delivered or who shall receive the same shall forthwith on demand deliver such animal to the Poundkeeper. Any person who shall violate any of the provisions of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars, and in default of the payment of such fine shall be imprisoned at the rate of one day for each two dollars of the fine imposed. Section 2. This ordinance shall take effect immediately. (Approved January 9, 1890. Vol. 3, p. 20.) OF THE CITY OF OAKLAND. CAL. 281 CHAPTER X. ORDINANCES RELATING TO NUMBERING OF BUILDINGS. ORDINANCE NO. 506. AN ORDINANCE PROVIDING FOR THE NUMBERING OF BUILD¬ INGS IN THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section 1. (Repealed by Ordinance No. 1335, approved September 30, 1891. Vol. 3, p. 704.) Section 2. South Front street shall be the starting point for the numbers on all buildings fronting on streets running therefrom in a northerly direction, and East Front street shall be the starting point for numbers on all buildings fronting on streets running therefrom in a westerly direction. The easterly shore of Lake Merritt and San Antonio creek shall be the starting point for numbering the buildings cm all streets running therefrom. Section 3. On all street's the numbers on the northerly and east¬ erly sides thereof shall be even numbers and on the southerly and westerly sides thereof shall be odd numbers. Section 4 In the territory bounded by Market street on the west, the old charter line, San Pablo avenue and Fourteenth street on the north, Eiast Front street on the east, and South Front street on the south, 50 numbers shall be allotted to each block, except 1 the blocks between Fiftn street and Seventh street and the blocks between Twen¬ tieth street and Lydia street, to each of which 25 numbers will be al¬ lotted. In the territory bounded by Market street on the east, Peralta street on the w^est, South Front street on the south and the old charter line on the north, 50 numbers will be allotted to each block fronting on streets running east and west 1 , and 100 numbers to each block fronting on streets running north and south, except the blocks be¬ tween Fifth street and Eighth street, to each of which 50 numbers will be allotted. In the territory west of Peralta street and south of the old charter line 50 numbers will be allotted to each block fronting on streets run- 382 GENERAL MUNICIPAL ORDINANCES ning east and west, and upon streets running north and south 100 num¬ bers will be allotted to each block between South Front and Pearl streets; 50 numbers to each block between Pearl and Atlantic streets; 25 numbers to each block between Atlantic street and Railroad ave¬ nue; 50 numbers to the block between Railroad avenue and Eighth street; 50 numbers from Railroad avenue to Division street; 33 num¬ bers to each block from Division street to Seward street; 50 numbers to each block from Seward street to Twelfth street; and 100 numbers to each block from Twelfth street to the old charter line. In that portion pf the city east of Lake Merritt and the northerly arm of San Antonio creek 50 numbers shall be allotted to each block. The initial number in each block shall be rated according to its distance from the intersection of Cypress and South Front street, Twelfth and East Front streets, or Adams and the eastern shore of Lake Merritt.; so that the initial number in every block fronting upon any one street shall be identical throughout the entire length of the street. Not less than twenty feet in frontage of all vacant lots of ground shall be allowed for each number. Section 5. The appropriate numbers shall be placed upon all buildings within the territory bounded by the west line of Adeline street on the west, Fourteenth street and East Madison street on the north, Friedman street and the extension southerly of the same on the east, and South Front street on the south within 90 days after the passage of this ordinance; and the proper numbers of the entrance to any building which may hereafter be erected within the last above- described limits shall be placed thereon within two weeks after the said building shall have been completed. Section 6. Every person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon; con¬ viction thereof shall pay a fine of not less than five dollars nor more than ten dollars, and in case the fine be not paid, such person or per¬ sons may be imprisoned at the rate of one day for every two dollars of the fine imposed. (Amended by ordinance approved September 20, 1888. Vol. 3, p. 314.) Section 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 8. This ordinance shall take effect and be in full force from and after its approval. (Approved December 2, 1872. Vol. 2, p. 208.) ORDINANCE NO. 712. AN ORDINANCE SUPPLEMENTARY TO AN ORDINANCE EN¬ TITLED “AN ORDINANCE PROVIDING FOR THE NUMBER¬ ING OF BUILDINGS IN THE CITY OF OAKLAND,” APPROVED DECEMBER 2, 1872. OF THE CITY OF OAKLAND, CAL. The Council of the City of Oakland do ordain as follows: Section 1. In the territory bounded on the east by Broadway and westwardly by San Pablo avenue, and lying north of Fourteenth street, fifty (50 numbers shall be allotted to each block fronting on streets running north and south, except the blocks between Twentieth and Jones, between Twenty-fifth and Twenty-sixth, and between Thirty- second and Thirty-third, to each of which twenty-five (25) numbers shall be allotted. [Note—This section has been amended as to Telegraph avenue, San Pablo avenue and Valley street by Ordinance No. 1623 post, which see. Approved August 15, 1894. Vol. 4, p. 590.] Section 2. In the territory bounded on the east by San Pablo avenue and on the west by Peralta street, lying between Twenty- second and Thirty-sixth streets, fifty (50) numbers shall be allotted to each block fronting on streets running east and west, and one hun¬ dred (100) numbers to each block fronting on streets running north and south. Section 3. The numbers on all streets running parallel with San Pablo avenue shall commence at Twenty-eighth street, and one hundred (100) numbers shall be allotted to each block. The num¬ bers on A, B, C and D streets shall commence at San Pablo avenue, and fifty (50) numbers shall be allotted to each block. Section 4. Peralta street, San Pablo avenue and Telegraph ave¬ nue shall be numbered as streets running north and south; the initial number in each block upon said streets shall be the same as in cor¬ responding blocks upon Adeline street. [Note—This section has been amended as to San Pablo avenue and Telegraph avenue by Ordinance No. 1623 post, which see. Ap¬ proved August 15, 1894. Vol. 4, p. 590.] Section 5. The initial number on all streets on the west line of Telegraph avenue shall be five hundred and one (501), and one hun¬ dred and fifty (150) numbers shall be allotted to each block thereon between Telegraph and San Pablo avenues, except the block between West and Market', to which one hundred (100) numbers shall be allotted. Section 6. To Prospect place fifty (50) numbers shall be allotted to the block between Broadway and Telegraph avenue; and to Orchard avenue twenty-five (25) numbers to each block from Broadw T ay to- Summit street; and to Hawthorne and Plymouth avenue, and to Ed¬ ward street, fifty (50) numbers shall be allotted between Broadway and Telegraph avenue. [Note—This section has been amended as to Plymouth avenue and Edward street by Ordinance No. 1396 post, which see. Approved January 25, 1892. Vol, 4, p. 76.] Section 7. The numbering of Elm avenue shall commence at Hawthorne avenue; Andover street at Plymouth avenue; Summit 284 GENERAL MUNICIPAL ORDINANCES street at Prospect place; Valley street at Walnut street; Webster ave¬ nue at Webster street; Brook street at Orchard avenue; anid fifty (50) numbers shall be allotted to each block upon said streets and avenues. Section 8. This ordinance shall take effect and be in force from and after its approval. (Approved February 21, 1877. Vol. 2, p. 519.) \ ORDINANCE NO. 729. AN ORDINANCE PROVIDING FOR THE NUMBERING OF BUILD¬ INGS IN THAT PORTION OF THE CITY OF OAKLAND DYING EASTWARDLY FROM BROADWAY AND NORTH OF FOUR¬ TEENTH STREET. The Council of the City of Oakland do ordain as follows: Section 1. Ini that portion of the city lying to the eastward of Broadway and northward of Fourteenth street, and bounded on the eastward by Lake Merritt and the eastern line of the city, fifty (50) numbers shall be allotted to each block between Fourteenth and Seventeenth streets, and one hundred numbers between Seventeenth and Durant streets. Fourteenth, Fifteenth, Sixteenth and Seven¬ teenth streets shall for the purpose of numbering be deemed as ex¬ tensions of the said streets on a straight line eastwardly from such points as they may at present terminate. Between Durant street and Twentieth, between Twentieth and Walnut and between Walnut and Elm, one hundred numbers shall be allotted to each block. The initial number in each block in the above named territory, upon streets running east and west shall be uniform with the initial number of the same tier of blocks upon streets south of Fourteenth street. Section 2. The appropriate number shall be placed upon all build¬ ings within the corporate limits of the City of Oakland within 90 days after the passage of this ordinance, and the proper number of the entrance to any building which may hereafter be erected within the city limits shall be placed thereon within two weeks after the said building shall have been completed. Section 3. This ordinance shall take effect immediately. (Approved June 11, 1877. Vol. 2, p. 550.) OF THE CITY OF OAKLAND, CAL. / 285 ORDINANCE NO. 784. AN ORDINANCE SUPPLEMENTARY TO AN ORDINANCE EN¬ TITLED “AN ORDINANCE PROVIDING FOR THE NUMBER¬ ING OF BUILDINGS IN THE CITY OF OAKLAND,” APPROVED DECEMBER 2, 1872. The Council of the City of Oakland do ordain as follows: Section 1. In that section of the city lying between Park avenue and the easterly shore of San Antonio creek, Park avenue shall oe the initial point for numbering all streets running westerly there¬ from, and fifty numbers shall be allotted to each block. Section 2. Streets running parallel with Park avenue and lying westerly therefrom shall have the Ehcinal line for the initial point for numbering, and one hundred numbers shall be allotted to each block. Section 3. This ordinance shall take effect from and after its approval. (Approved August 22, 1878. Vol. 2, p. 658.) ORDINANCE NO. 1033. AN ORDINANCE CONCERNING THE NUMBERING OB'' BUILD¬ INGS. The Council of the City of Oakland do ordain as follows: Section 1. All buildings fronting upon public streets or avenues in the City of Oakland shall be numbered with plain figures not less than two inches in height, within thirty days after completion or occupancy thereof. Section 2. All houses must be numbered at the owner’s expense. In cases where the owner of the building is a non-resident or cannot readily be found, his or her agent is hereby authorized to cause said building to be numbered. Section 3. It shall be the duty of the Superintendent of Streets of the City of Oakland, to notify the owner or agent of each and every building hereafter to be erected of the number or numbers thereto belonging and of the other provisions of this ordinance. (Amendment approved March 2, 1896. , Vol. 5, p. 36.) Section 4. In cases where a house remains unnumbered, or where a house may have been numbered and the numbers since lost, de- 286 GENERAL MUNICIPAL ORDINANCES troyed or defaced so as to be illegible, it shall be the duty of the City Numberer to notify the owner or agent, who shall cause said house to be numbered within thirty days after said notification. Section 5. In cases where incorrect numbers have been placed and remain or shall hereafter be placed on any house, the owner or agent thereof shall be notified of the error and of the correct number, by the Superintendent of Streets, and the owner or agent shall change or cause to be changed said number or numbers, in accordance therein within thirty days from said notification. (Amendment approved March 2, 1896. Vol. 5, p. 36.) Section 6. The regulation city number shall consist of tw r o-lncn metal figures, unless the owner or agent wishes the equivalent or something superior thereto. Section 7. The Superintendent of Streets is hereby authorized and empowered to collect a fee of fifty (50) cents for information furnished to any owner or agent of- buildings concerning numbers. A record of said fees shall be kept by the Superintendent of Streets, and a report made by him monthly to the Board of Public Works: said fees to be paid into the City Treasury on the first day of each and every month, and the names of persons refusing or neglecting to pay shall be reported to the Board of Public Works in the monthly report made by the Superintendent of Streets. (Amendment ap¬ proved March 2, 1896. Vol. 5, p. 36.) Section 8. (Repealed by Ordinance No. 1709, approved Nov. 25, 1895. Vol. 5, p. 5.) Section 9. It is hereby declared unlawful for any person to re¬ fuse or neglect to comply with any of the provisions of this ordinance. Section 10. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined a sum not exceeding ten ($10) dollars, and in case said fine be not paid then the person or persons so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for each two ($2) dollars of the fine so imposed. Section 11. All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed. Section 12. This ordinance shall take effect and be in full force from and after its approval. (Approved February 8, 1S88. Vol. 3, p. 268.) ORDINANCE NO. 1396. AN ORDINANCE IN RELATION TO THE NUMBERING OF BUILD¬ INGS IN THE CITY OF OAKLAND. OF THE CITY OF OAKLAND, CAL, 287 Be it Ordained by the Council of the City of Oakland, as follows: Section 1. That the initial numbers on streets crossing Oakland avenue be as follows: Initial number 2, Twenty-fourth street. Initial number 150, junction of Orange street. Initial number 250, Pearl street. Initial number 350, Moss avenue. Initial number 400, Santa Clara avenue. Section 2. That the initial numbers on streets crossing Vernon avenue be as follows: Initial number 2, Twenty-fourth street. Initial number 150, (Old) Oakland avenue. Initial number 250, Perry street. Initial number 300, Moss avenue. Initial number 400, Santa Rosa avenue. Section 3. That the initial numbers on streets crossing Plymouth avenue be as follows: Initial number 350, Broadway. Initial number 400, Academy place. Initial number 450, Andover street. Initial number 476, Elm street. Section 4. That the initial numbers on streets crossing Edward street be as follows: Initial number 350, Broadway. Initial number 400, Academy place. Initial number 450, Andover street. Initial number 476, Elm street. Section 5. That the odd numbers be placed on south side and west side of streets, and even numbers be placed on the north side and east side of the street. Section 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 7. This ordinance shall take effect immediately upon its approval. (Approved January 25, 1892. Vol. 4, p. 76.) ORDINANCE NO. 1568. AN ORDINANCE IN RELATION TO THE RENUMBERING OF BUILDINGS ON PARK AVENUE. Be it Ordained by the Council of the City of Oakland, as follows: 288 GENERAL MUNICIPAL • > r >•, * /. ORDINANCES Section 1. That the initial number on the westerly side of Park avenue, at the commencement of blocks, be as follows: Park street at Alameda bridge. 1 Ford street.101 Canal street.201 Shasta avenue.301 Frederick street.401 Dennison street.501 Railroad avenue.601 Section 2. That the initial number on the easterly side of Park avenue, at the commencement of blocks, be as follows: Park street. 2 Valdez street.. . ..100 Chapman street .. 150 Boehmer street.200 Warder street.250 East Ninth street.300 East Tenth street.400 East Eleventh street.500 Blank street. ..550 Railroad avenue.600 Section 3. That the odd numbers be placed on the westerly side of Park avenue and the even numbers be placed on the easterly side of Park avenue. Section 4. That the cost of renumbering Park avenue shall not ex¬ ceed the sum of twelve dollars and fifty cents ($12.50). Section 5. That all ordiances or parts of ordinances in conflict with this ordinance are hereby repealed. Section 6. That this ordinance shall take effect immediately upon its approval. (Approved October 21, 1893. Vol. 4, p. 483.) ORDINANCE NO. 1623. AN ORDINANCE IN RELATION TO THE RENUMBERING OF BUILDINGS ON TELEGRAPH AVENUE, SAN PABLO AVE¬ NUE AND VALLEY STREET. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. That the initial numbers on the westerly side of San Pablo avenue at the southerly commencement of blocks be as fol¬ lows: ' 1 OF THE CITY OF OAKLAND, CAL. 289 Fourteenth street. 1 Fifteenth street.101 Sixteenth street.201 Seventeenth street'.301 Eighteenth street.401 Nineteenth or Curve street.501 Twentieth street. 601 Twenty-first street.701 Twenty-second street.801 Brush street.825 Isabella street.90l - street.1001 Milton or Twenty-fifth street.1101 Twenty-sixth street. 1201 Twenty-eighth street...1401 Market street.1501 Thirtieth street. 1601 Myrtle street.1701 Thirty-second street.,.1801 Filbert street.1825 Thirty-fourth street.2001 Thirty-fifth street.2101 Section 2. That the initial number on the easterly side of San Pablo avenue, at the southerly commencement of blocks, be as fol¬ lows: Fourteenth street. 2 Sixteenth street.20u Seventeenth street.300 Eighteenth street.400 Nineteenth or Frederick street.500 Williams street. 550 Twentieth or Delger street.600 Twenty-first or Hobart street.700 Jones street.750 Twenty-second or Charter street.800 Twenty-third or Locust street.900 Twenty-fourth or Elm street.1000 Twenty-fifth or Laurel street.1100 Sycamore street.1150 Tw r enty-sixth street.1200 Twenty-seventh street.1300 Twenty-eighth street.1400 Twenty-ninth street.1500 Thirtieth street.• ••1600 Thirty-first street.'• • ••1700 Thirty-second street...1800 Brockhurst street. 1850 Thirty-third street.. •• ..1900 290 GENERAL MUNICIPAL ORDINANCES Thirty-fourth street.. • .2000 ---street. 2100 Section 3. That the initial number on the westerly side of Valley street at the southerly commencement of blocks be as follows: Twenty-second street. 1 Twenty-third street.101 Section 4. That the initial number on the easterly side of Valley street at the southerly commencement of blocks be as follows: Twenty-second street. 2 Twenty-third street.• ..100 Section 5. That the initial numbers on the westerly side of Tele* graph avenue at the southerly commencement of blocks be as fol¬ lows: Sixteenth street. 1 Seventeenth street.101 Eighteenth street.201 Nineteenth or Frederick street.301 Williams street. 351 Twentieth or Delger street.401 Twenty-first or Hobart street.501 Jones street.551 Twenty-second or Charter street.601 Simpson avenue or Twenty-third street.701 Twenty-fourth or Elm street.801 Twenty-fifth or Laurel street.901 Sycamore street.1001 Knox street.1101 Albion street.1201 Caledonia street.1301 Thirtieth street.1401 Thirty-first street.1501 Thirty-second street.1601 Thirty-third street.1701 Thirty-fourth street.1801 Thirty-fifth street.1901 Section 6 . That the initial numbers on the easterly side of Tele¬ graph avenue at the southerly commencement of blocks be as fol¬ lows: Junction of Telegraph avenue and Broadway. 2 Birnie or Seventeenth street .. ..100 Nineteenth or Durant street.300 Twentieth or Delger street.400 Twenty-first or Hobart street.500 Twenty-second or Walnut street.600 Twenty-third or Locust street.700 Twenty-fourth or Elm street.800 Twenty-fifth or Laurel street.900 291 OF THE CITY OF OAKLAND, CAI Twenty-sixth or Bay street.1000 Merrimac street.1200 Prospect street. 1300 Orchard street.1400 Hawthorne street.1500 Plymouth street.1800 Edwards street.1900 Section 7. That the odd numbers be placed on the westerly side of San Pablo avenue. Telegraph avenue and Valley street, and the even numbers be placed on the easterly side of the above-named ave¬ nues and streets. Section 8. That no fee shall be charged by the Superintendent of Streets for information furnished by him concerning the number or numbers belonging to any entrance or entrances to any building. (Amendment approved Nov. 25, 1895. Vol. 5, p. 5.) Section 9. That the cost of renumbering the above-named ave¬ nues and streets shall not exceed the sum of twenty-three dollars ($23.) Section 10. Any and all ordinances and any and all parts of ordinances inconsistent with this ordinance are hereby repealed. Section 11. This ordiance shall take effect and be in full force from and after its approval. (Approved August 15, 1894. Vol. 4, p. 590.) . ORDINANCE NO. 1725. AN ORDINANCE RELATING TO THE NUMBERING OF BUILD¬ INGS IN THE CITY OF OAKLAND IN THE TERRITORY BOUNDED ON THE NORTH BY THE CHARTER LINE, ON THE EAST BY PLEASANT VALLEY ROAD, ON THE SOUTH BY LAKE MERRITT, ON THE WEST BY THE EASTERLY LINE OF CEMETERY CREEK. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. The initial number on the westerly line of Oakland ave¬ nue at the commencement of blocks is hereby fixed as follows: Bay place. 1 Hamilton place.101 Junction Walsworth.201 Pearl.401 Moss.501 Santa Clara.551 Santa Rosa.601 292 GENERAL MUNICIPAL ORDINANCES Section 2. The initial number on the easterly line of Oakland ave¬ nue at the commencement of blocks is hereby fixed as follows: Bay place. 2 Opposite Hamilton place.100 Orange avenue.. . 200 Morrison place. 400 Perry. 450 Moss.500 Santa Clara.550 Santa Rosa.600 Section 3. Streets or avenues running parallel with Oakland ave¬ nue shall be numbered to correspond with the numbers on Oakland avenue. Section 4. The initial number on the northeast corner of streets beginning at, or crossing Oakland avenue and running in an easterly direction shall be east 2. The initial number on the southeast corner of streets beginning at, or crossing Oakland avenue and running in an easterly direction shall be east 1. The initial number on the northwest corner of streets beginning at, or crossing Oakland avenue and running in a westerly direction, shall be west 2. The initial number of the southwest corner of streets beginning at, or crossing Oakland avenue and running in a westerly direction, shall be west 1. Section 5. Fifty numbers shall be allowed between Oakland ave¬ nue and Walsworth avenue, and fifty numbers between Walsworth avenue and Fairmount avenue. One hundred numbers shall be allowed between Oakland avenue and Vernon street, and one hundred numbers to each block east to Pleasant Valley road. Section 6. The initial number on Vernon street at the northeast corner of Perry street shall be 450, northwest corner 451. The initial number on Chetwood, Summer, Crescent and Winter streets, at the northeast corner of Perry street, shall be 400, north¬ west corner 401. Fifty numbers shall be allowed on Vernom street, between Perry street and Moss avenue, and one hundred numbers to the other streets between Perry street and Moss avenue. Section 7. Streets running in the same direction as . Perry street, between Oakland avenue on the west and the boulevard on the east, shall be numbered to correspond with Perry street. Siection S'. This ordinance shall take effect from and after its passage and approval. Section 9. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. (Approved January 24, 1896. Vol. 5, p. 24.) OF THE CITY OF OAKLAND, CAL. 293 ORDINANCE NO. 2010. AN ORDINANCE PROVIDING FOR THE NUMBERING OF BUILD¬ INGS IN THAT PORTION OF THE CITY OF OAKLAND AN¬ NEXED THERETO, PURSUANT TO AN ELECTION HELD JUNE 10, 1897. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All buildings in that portion of the City of Oakland an¬ nexed thereto, pursuant to an election held June 10, 1897, shall be num¬ bered as follows: On all streets, the numbers on the northerly and easterly sides thereof shall be even numbers, and *on the southerly an/d westerly sides thereof shall be odd numbers. Section 2. Buildings on streets running northerly and southerly shall be numbered in the hundreds in conformity, as far as practicable, with the numbers of the streets running easterly and westerly. Section 3. The initial numbers at Thirty-sixth street, on Tele¬ graph avenue, Grove street, West street, Market street, Adeline street, Linden street and San Pablo avenue shall be 3600; and the numbers shall increase at the rate of 100 to the block, to conform with the numbers of cross streets; except where more than one block inter¬ venes between numbered streets, in which case 50 numbers shall be allowed for each block. The initial numbers on Broadway, Howe street, Piedmont avenue and all streets running about parallel therewith (east of Telegraph avenue and south of Fifty-first street) shall be at West Moss avenue 3750, at Thirty-eighth street 3800, at Fortieth street 4000, at Forty- first street 4100, at Eleth avenue 4125, at Linda avenue 4175, at How¬ ard street 4200, at John street and Echo street 4300, at Mather street and Pleasant Valley avenue 4400. In the territory between Thirty-sixth street and Temescal creek, west of Telegraph avenue, on streets running easterly and westerly, the initial number at Telegraph avenue shall be 500. At Grove street 650, at West street 800, at Lusk street 840, at Market street 900, at Linden street 950, and at San Pablo avenue 1100. North of Temescal creek and west of Telegraph avenue tne initial number on streets running easterly and westerly shall be at Tele¬ graph avenue 500, at Racine street 550, at Shattuck avenue 600, at Maccall street 665, at Dover street 700, at Grove street 800, at Genoa street 850, at Market and Occidental streets 900, at Lowell street 950, at Los Angeles street and Baker street 1000, at Idaho street 1025, at Park street 1050, at Herzog street 1075, at Salem street and Helen street 1090, at San Pablo avenue 1100, at Marshall street 1150, at Fremont street 1200, at Vallejo street 1250. Section 4. On streets east of Telegraph avenue, running easterly 294 GENERAL MUNICIPAL ORDINANCES and westerly, the initial numbers shall be, at Claremont avenue 500 r at. Miles avenue, Pearl and Maple streets 475, at Locksley avenue, Ruby and Cherry streets 450, at Gold street and Shatter avenue 425, at Silver street and Lawton avenue 400, at Opal street 375, at Diamond street and Manila avenue 350, at Emerald and Desmond streets 325, at Broadway 300, at Terrace street 275, at Cerrito street and Gilbert street 250, at View street 225, at Montgomery street 200, at Howe street 175, and at Piedmont avenue 150, at Richmond avenue 100. Section 5. The initial numbers on the easterly line of Oakland aveniue at Santa Rosa shall be 600 at Mariposa avenue 700, at Monte Vista avenue 750. On the westerly line of Oakland avenue the initial number shall be at East Moss avenue 551, at Bayo Vista avenue 651, at Monte Vista avenue 751. Buildings on streets and avenues running parallel or thereabouts with Oakland avenue, shall be numbered to correspond with the numbers on Oakland avenue. Section 6. The initial number for buildings east of Cemetery creek, on Bayo Vista avenue, Santa Rosa avenue, Moss avenue, Santa Clara avenue, Perry street, Pearl street, Euclid avenue, Perkins street, and on all streets running in the same general direction as said streets, shall be 50 at Fairmount avenue, 100 at Walsworth avenue, 150 at Oakland avenue, 175 at Orange street and Mariposa street, 200 at Vernon street, 250 at Adams street and Chetwood street, 275 at Jayne avenue and Jean street, 300 at War¬ wick avenue and Summer street, and 350 at Palm avenue and Cres¬ cent street, 400 at Van Buren avenue, and 450 at Pleasant Valley ave¬ nue. Section 7. The initial numbers for buildings on Claremount ave¬ nue shall be number 1 at Telegraph avenue, 100 at Vincent street and Summer street, 150 at Sutter street, 175 at Clifton street, 200 at Miranda street, 225 at Harvey street, 250 at Hudson street, 275 at Mar¬ tin street, 300 at Forrest and Colby streets, 350 at Vernon avenue, 400 at Moulton street, and 500 at College avenue. On Miles avenue, Locksley avenue and Shatter avenue, Lawton avenue and Manila avenue, Desmond street, College avenue and (Broadway, north of Fifty-first street) the numbers shall begin with 100 at Fifty-first street, 125 at Summer street, 175 at Clifton street, 225 at Hardy street, 250 at Hudson street and 300 at Forrest street. Section 8. North of and including Fifty-eighth street, east or Telegraph avenue, the initial numbers shall be at Telegraph avenue 500, at Canning street 450, at Spring street, School street and Dana street 400, at Colby street 350, at Choate street 300, at Moulton street 250, and at Bowditch street 200. On Fifty-fifth and Fifty-sixth streets, between Vincent street and Telegraph avenue, the numbers shall run from 450 at Vincent street to 500 at Telegraph avenue, and from 400 to 450 between Claremont avenue and Vincent street. Section 9. Ayala street, between Fifty-sixth street and Forrest V OF THE CITY OF OAKLAND, CAL. 295 street, produced, shall be numbered, beginning- with 150 at Fifty-sixth street, 200 at Miranda street, 250 at Hermann street, and 275 at Mar¬ tin street. Section 10. Buildings on Vincent street shall conform with num¬ bers on corresponding buildings on Telegraph avenue. Section 11. No fee shall be charged by the City Numberer for furnishing information concerning numbers of buildings. Section 12. All buildings in the annexed territory shall be per¬ manently numbered by the owner, agent or occupant of said build¬ ings, at their expense, within thirty days after notice by the City Numberer, which notice shall give the official number. Section 13. All ordinances or parts of ordinances in conflict here¬ with are hereby repealed. Section 14.' Every person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall pay a fine not to exceed ten dollars, and in case such fine be not paid, then the person so fined shall be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 15. This ordinance shall take effect immediately. (Approved August 25, 1899. Vol. 5, p. 419.) / 296 GENERAL MUNICIPAL ORDINANCES CHAPTER XI. ORDINANCES REGULATING STREET AND STEAM RAILROADS. ORDINANCE NO. 1333. AN ORDINANCE TO REGULATE THE QUALITY, * MANNER OF LAYING, REMOVAL AND RELAYING OF STREET RAILROAD TRACKS IN PUBLIC STREETS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All tracks hereafter to be laid for any street iailroad in the City of Oakland shall be constructed of standard rails of the most approved pattern, and in a good and substantial manner, and so as to present the least possible obstruction to travel and the cross¬ ing of vehicles. All rails heretofore in use and which do not conform to the foregoing provisions, when removed for any other purpose than for ordinary repair of roadbed, stringers or ties, shall be replaced by those conforming to said provisions hereof. Section 2. No track in use by any street railroad shall be taken up or removed to another part of the same street, or elsewhere, for temporary purposes or otherwise, without permission of the Board of Public Works. Whenever any such track is taken up for temporary purposes, it shall be replaced promptly and with as little obstruction to travel as possible. Whenever any track is taken up for abandonment of its use, the owners of such street railroad shall promptly remove such track and repave that portion of the street formerly used by its tracks between the rails and for two feet each side thereof. Such repavement and all paving required by this ordinance shall be done with similar material and of as good quality as the adjacent roadway, shall be done in ac¬ cordance with the general specifications provided by ordinance for similar street work. Whenever the grade of any street is changed, upon which street any street railroad track is laid, such track shall be promptly relaid to conform to the change of grade. All work hereinbefore referred to in this ordinance shall be done 297 \ OF THE? CITY OF OAKLAND. CAL. promptly, in a good, substantial and workmanlike manner, under tire supervision and to the satisfaction and approval of the Board of Pub¬ lic Works. Section 3. No owner or any superintendent or other officer of any corporation or association, owning or operating any street rail¬ road in the City of Oakland, shall cause or knowingly allow any work to be done or omitted in violation of any provision of this ordinance. Section 4. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun- ishel by a fine not to exceed one hundred dollars, and in case sucn fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 5. This ordinance shall take effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 700.) ORDINANCE No. 1928. AN ORDINANCE DECLARING CERTAIN CONDITIONS AND THINGS IN CONNECTION WITH THE CONSTRUCTION AND MAINTENANCE OF STREET RAILROAD TRACKS TO BE PUBLIC NUISANCE'S; AUTHORIZING THE ABATEMENT OF SUCH NUISANCES, AND PROVIDING A PENALTY FOR EACH DAY’S MAINTENANCE THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All street car tracks now, or hereafter constructed in or upon any public street within the City of Oakland, upon any grade other than the official grade of such street, is hereby declared to con¬ stitute. and shall constitute, a public nuisance. Section 2. All street car tracks now, or hereafter constructed, In or upon any public street within the City of Oakland, which shall not be flush with the street between the rails, and for two feet on each side of such rails, and between the tracks, if there be more than one, is hereby declared to constitute, and shall constitute a public niitsancd. Section 3. In all cases where a public street within the City of Oakland is now, or shall be hereafter, paved with bitumen, asphalt or wooden blocks, that portion of such street to be kept in order or repair by any street railroad having a track, or tracks, thereon, shall not be macadamized, or re-macadamized, and any macadam thereon used as a surface dressing between the rails of such street railroad, / 2gS GENERAL MUNICIPAL ORDINANCES or within two feet on each side of said rails, or between the tracks, if there be more than one, is hereby declared to constitute, and shall constitute a public nuisance. Section 4. The Superintendent of Streets is hereby authorized to abate all public nuisances, declared to be such by the provisions of this ordinance, by removing the same. Section 5. Any person, firm or corporation maintaining any public nuisance, declared to be such by the provisions of this ordinance, shall be guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine not to exceed one hundred ($100.00) dollars, and in case such fine be not paid, shall be imprisoned in the City Prison at the rate of one (1) day for each two ($2.00) dollars of the fine so imposed and remaining unpaid. Section 6. Each day’s maintenance of any public nuisance declared to be such by the provisions of this ordinance, shall be a separate offense and shall be punishable as such. Section 7. All parts of any ordinance in direct conflict with any valid provision of this ordinance is hereby repealed. Section S'. This ordinance shall take effect immediately. (Approved August 31, 1898. Vol. 5, p. 302.) ORDINANCE No. 1929. AN ORDINANCE SPECIFYING WHAT KIND OF PAVEMENT SHALL BE USED IN CERTAIN CASES IN PAVING THAT POR¬ TION OF A PUBLIC STREET TO BE KEPT IN ORDER OR RE¬ PAIR BY STREET RAILROADS HAVING TRACKS THEREON, AND PROVIDING A PENALTY FOR A VIOLATION THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. In all cases where a public street within the City of Oakland is now, or shall be hereafter, paved with bitumen, asphalt or wooden blocks, that portion of such street to be kept in order or repair by any street railroad having a track, or tracks thereon, shall be paved with the same pavement as the other portion of the street. Section 2. The laying of said pavement upon such portion of such street shall be commenced within five (5) days after the passage of this ordinance in cases where the remainder in width of such street J s paved with such pavement at the said passage; and in all other cases shall be commenced withing ten (10) days after the completion and acceptance by the Superintendent of Streets of the pavement upon said remainder in width of such street. OF THE CITY OF OAKLAND, CAL. 299 Section 3. The provisions of this ordinance shall apply to all ex¬ isting franchises and all franchises hereafter granted, but shall not apply to Broadway or Washington streets, or to Fourteenth street be¬ tween Broadway and Washington streets. Section 4. Any person, firm or corporation attempting to violate any provision of this ordinance, and any person, firm or corporation maintaining any street railroad, or street railroad tracks, in violation of the provisions of this ordinance, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred ($100.00) dollars, and in case such fine be not paid, snail be imprisoned in the City Prison at the rate of one (1) day for each two ($2.00) dollars of the fine so imposed or remaining unpaid. Section 5. Ehch day’s failure, neglect or refusal to pave such por¬ tion of said street with one of said three kinds of pavement as pro¬ vided in this ordinance, shall be a separate offense, and shall be pun¬ ishable as such. Section 6. All parts of any ordinance in direct conflict with any valid provision of this ordinance is hereby repealed. Section 7. This ordinance shall take effect immediately. (Approved August 31, 1898. Vol. 5, p. 305.) ORDINANCE NO. 1865. AN ORDINANCE REQUIRING ALL PERSONS, COMPANIES AND CORPORATIONS OPERATING STREET CARS PROPELLED BY ELECTRICITY OR CABLE, WITHIN THE CITY OF OAKLAND, TO KEEP TWO (2) MEN ON EACH CAR WHILE SUCH CAR IS IN MOTION, CONTAINING PASSENGERS, FOR THE PURPOSE OF OPERATING AND CONTROLLING THE SAME. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Every person, company and corporation, operating street cars within the City of Oakland by means of electricity or cable, shall provide and maintain upon each of such cars, while containing passen¬ gers, at least two (2) employes, to-wit: a motorman, or gripman, as the case may be, and a conductor, during all the time said car is in motion within said city, each of said employes to be an adult not less than eighteen (18) years of age. (Amendment approved Marcn 23, 1898. Vol. 5, p. 252.) Section 2. Any person, company or corporation violating any of the provisions of this ordinance, or permitting, ordering, authorizing, or directing a violation thereof, shall be deemed guilty of a misdemeanor, 300 GENERAL MUNICIPAL ORDINANCES and upon conviction thereof shall be punished by a fine of not to ex¬ ceed one hundred ($100.00 ) dollars, and in case said fine be not paid, shall be imprisoned in the City Prison at the rate of one (1) day for each two ($2) dollars of the fine so imposed and remaining unpaid. Section 3. This ordinance shall take effect from and after its ap¬ proval. (Approved January 11, 1898. Vol. 5, p. 223.) ORDINANCE NO. 1539. AN ORDINANCE REGULATING THE CONTROL AND MANAGE¬ MENT OF STREET CARS UPON THE PUBLIC STREETS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any driver, engineer, motorman, conductor, or other person having charge or control of any street car, to cause or permit the same to stop or re¬ main upon any public street crossing within the fire limits of the City of Oakland, County of Alameda, State of California, or upon the crosswalks thereof, so as in any manner to' interfere with or ob¬ struct the travel over such crossing or walk. (Amendment approved November 27, 1893. Vol. 4, p. 504.) Section 2. Any driver, engineer, motorman, conductor, or other person, violating any provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one hundred dollars, and in case said fine be not paid, then the person so fined shall be imprisoned in the City Prison of the City of Oakland, at the rate of one day for each two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved July 19, 1893. Vol. 4, p. 446.) ORDINANCE NO. 1542. AN ORDINANCE REGULATING THE MEETING, PASSING AND CROSSING OF STREET RAILROAD CARS WITHIN THE FIRE LIMITS OF THE CITY OF OAKLAND. OF THE CITY OF OAKLAND, CAL. 3 01 Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared unlawful for street railroad cars meeting- within the fire limits of the City of Oakland to pass each other within the intersection of any streets. Section 2. It is hereby declared unlawful for any street railroad car to cross any street railroad track within the fire limits of the City of Oakland whenever there is a car upon the track to be crossed within the intersection of said streets. Section 3. Any person, firm or corporation violating any of the provisions of this ordinance, or permitting, ordering, authorizing, or directing the violation thereof, is hereby declared to be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine in a sum not greater than tw 7 o hundred and fifty ($250) dollars, and in case said fine be not paid, then by imprisonment at the rate of one day for every two dollars of such fine remaining unpaid. Section 4. This ordinance shall take effect and be in full force from and after its passage and approval. Section 5. All ordinances or parts of ordinances in conflict here¬ with are hereby repealed. (Approved July 27, 1893. Vol. 4, p. 449.) ORDINANCE NO. 1543. AN ORDINANCE REGULATING THE SPEED OF STREET CARS AT THE CROSSING OF STREET RAILROAD TRACKS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any motor- man, conductor, or other person, operating, controlling or having charge of any street railway car in the City of Oakland, to cause, per¬ mit or allow the same to pass over the crossing of the track upon which said car may be moving, with any other street railroad track in the said city at the rate of speed greater than three miles per hour. Section 2. Any motorman, conductor, or person violating any of the provisions of this ordinance shall be deemed guilty of a mis¬ demeanor, and upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars, and in case said fine be not paid, then the person so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. 302 GENERAL MUNICIPAL ORDINANCES Section 3. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved July 27, 1893. Vol. 4, p. 451.) ORDINANCE NO. 1569. AN ORDINANCE REGULATING THE SPEED OF RAILWAY EN¬ GINES AND CARS PROPELLED BY STEAM IN THE CITY OF OAKLAND, BETWEEN THE NORTHERLY LINE OF THE IN¬ TERSECTION OF FIRST AND WEBSTER STREETS AND THE SOUTHERLY BOUNDARY LINE OF THE CITY OF OAKLAND ON WEBSTER STREET, PRODUCED SOUTHERLY. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person, firm or corporation, owning, operating or controlling any railway engine or cars propelled by steam in the City of Oakland, shall cause, allow or permit the same to pass over, along or upon that portion of the City of Oakland lying between the north¬ erly line of the intersection of First and Webster streets, and the southerly boundary line of the City of Oakland, on Webster street, pro¬ duced southerly, at a speed greater than eight (8) miles per hour. Section 2. Any person violating or causing to be violated any provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed five hundred dollars, and in case the said fine be not paid, then the person so fined shall be imprisoned in the City Prison of the City of Oak¬ land, at the rate of one day for each two dollars of the fine so im¬ posed and remaining unpaid. Section 3. All ordinances or parts of ordinances in conflict here¬ with are hereby repealed. Section 4. This ordinance shall take effect and be in full force from and affer its passage and approval. (Approved October 21, 1893. Vol. 4, p. 490.) ORDINANCE NO. 1574. AN ORDINANCE REGULATING THE SPEED OF RAILWAY EN¬ GINES AND CARS PROPELLED BY STEAM IN THE CITY OF OAKLAND. OF THE CITY OF OAKLAND, CAL. 303 Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person, firm or corporation having charge of, operat¬ ing or controlling any railway engine or cars propelled by steam in the City of Oakland shall cause, permit or allow the same to pass over, along or upon any of the public streets, or highways, in the City of Oakland, at a greater maximum speed than twenty-two (22) miles per hour, provided that upon Seventh street the maximum rate of speed shall not be greater than eight (8) miles per hour between the follow¬ ing streets: Pine and Wood, Chester and Center, Union and Adeline, Myrtle and West, Washington and Broadway, Madison and Oak; pro¬ vided, also, that at the crossing of Park avenue and Railroad avenue the maximum rate of speed shall not exceed eight (8) miles per hour; but this proviso limiting the maximum rate of speed to eight (8) miles per hour shall not apply to trains which stop at all stations as such stations are now located. And provided, further, that the pro¬ visions and requirements of this ordinance shall not apply to that por¬ tion of the City of Oakland which lies west of the eastern shore line of the Bay of San Francisco. Section 2. The maximum speed of any train operating on Sevemn street in said City of Oakland shall not be greater than twelve (12) miles per hour between the westerly line of Washington street and the easterly line of Franklin street. Section 3. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not to exceed five hundred ($500) dollars, and in case the fine be not paid, then the person so fined may be imprisoned ini the City Prison of the City of Oakland at the rate of on day for every two dollars of the fine so im¬ posed and. remaining unpaid. Section 4. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. Section 5. This ordinance shall take effect immediately upon its approval. (Approved November 10, 1893. Vol. 4, p. 497.) ORDINANCE NO. 1575. AN ORDINANCE REGULATING THE MEETING AND PASSING OF STEAM RAILROAD TRAINS WITHIN A CERTAIN POR¬ TION OF THE FIRE LIMITS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for trains drawn 304 GENERAL MUNICIPAL ORDINANCES or propelled by steam engines to meet or pass each other within that portion of the fire limits of the City of Oakland, described as follows, to-wit: Beginning at a line drawn parallel with the east line of Broad¬ way street, and located a distance of one hundred (100) feet east of said line of Broadway street, and extending west to a line drawn parallel to the w r est line of Washington street and located a distance of one hundred (100) feet west of said line of Washington street. Section 2. Any person, firm or corporation violating any of the provisions of this ordinance, or permitting, ordering, authorizing or allowing such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not ex¬ ceeding two hundred and fifty ($250) dollars, and in case said fine be not paid, then by imprisonment at the rate of one day for every two dollars of said fine remaining unpaid. Section 3. All ordinances or parts of ordinances in conflict here¬ with are hereby repealed. Section 4. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved November 10, 1893. Vol. 4, p. 499.) ORDINANCE NO. 1596. AN ORDINANCE REQUIRING STREET CARS AND DUMMIES TO BE PROVIDED WITH GUARDS TO PREVENT ACCIDENTS AND REMOVE OBSTRUCTIONS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person, firm or corpora¬ tion operating cars for the conveyance of passengers within the City of Oakland, propelled by means of wire ropes attached to stationary engines, or by electricity, or compressed air, or horses, or mules, to run, operate or use the same, or permit or cause the same to be run, operated or used unless each car or dummy shall have a suitable buffer or guard appliance of suitable design and construction, for the pur¬ pose of removing from and clearing the track of persons and obstruc¬ tions; said buffer or guard shall be placed in front of such car or dummy and attached to the frame of the forward wheels or trucks thereof and shall run at a uniform distance of not more than one and one-half inches above the roadbed or rails over which such car runs, and shall be so constructed as to prevent persons or objects on the roadbed of said car from being run over or upon by any such car or dummy. OF THE CITY OF OAKLAND, CAL. 305 Section 2. It shall be unlawful for any person, firm or corpora¬ tion, operating cars for the conveyance of passengers, within the City of Oakland, to run or operate, or use such cars, or permit or cause the same to be run, operated or used, unless each car shall have a suitable device, guard or appliance attached thereto and placed in front of the rear wheels or trucks of such car and over the rails on which the said car is run, of such design and consruction as will remove from and clear the rail or rails under such car of persons or obstructions falling or lying on or across such rail or rails and pre¬ vent such person or obstructions from being run over by the wheels or trucks of such car. Such device, guard or applicance shall be con¬ structed of iron, wood or other suitable material and shall run at a uniform height of one inch above the rails over which said car is operated. Section 3. Within thirty days from and after the date of the passage of this ordinance, all persons, firms and corporations owning or operating cars for the conveyance of passengers within) said City of Oakland shall adopt one or more devices for attachment to their cars or dummies for the protection of life and the prevention of acci¬ dent, and shall, within a further period of ten days, file with the Clerk of the City Council a statement indicating and describing the par¬ ticular device or devices adopted by such person, firm or corporation. If such device or devices are approved by the said Council, then it shall be the duty of each person, firm or corporation owning or oper¬ ating cars for the conveyance of passengers within the said City of Oakland, within a period of sixty days thereafter, and not later tnan ninety days from and after the adoption and approval of this ordi¬ nance to attach, or cause to be attached, to each car or dummy, the particular device or devices adopted by such person, firm or corpora¬ tion and approved by said Council, and to keep such device or devices constantly attached to their cars and dummies when the same shall be in use; and thereafter no car or dummy shall be operated or used without such attachment or such improvement thereto as may be thereafter adopted in such person, firm or corporation and approved by said Council. Section 4. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500, or by imprisonment not to exceed 250 days, or by both such fine and imprisonment. The continuing or maintining of any violation of this ordinance shall be deemed a new offense for each day on which the same is so continued or maintained, and shall be punished accordingly. Section 5. This ordinance shall take effect and be in force ninety days after its passage and approval. (Approved February 23, 1894. Vol. 4, p. 529.) 3°6 GENERAL MUNICIPAL ORDINANCES ORDINANCE NO. 1654. AN ORDINANCE REGULATING THE BLOWING OF LOCOMOTIVE ENGINE WHISTLES IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No engineer or other person in charge of any loco¬ motive engine shall blow, or cause or allow to be blown, any loco¬ motive whistle thereon within the limits of the City of Oakland, west of Center street, produced southerly; thence northerly to Peralta street; thence northerly along Peralta street to the northern boundary line of the City of Oakland, except for necessary warning in case of impending danger to person or property. Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars and not to exceed five hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect from and after its approval. (Approved December 27, 1894. Vol. 4, p. 644.) ORDINANCE NO. 1655. AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF GUARD AND SAFETY WIRES OVER TROLLEY CONDUCTORS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Any person, firm or corporation, owning or operating any street railroad using electricity as a motive power in the City of Oakland, and moving cars thereon, and the current being conducted for such motive power by what are generally termed trolley wires or overhead conductors, are hereby required to construct and maintain guard or safety wires over each trolley wire or overhead conductor so used. The said guard or safety wires to be of galvanized iron, and not less than one hundred and sixty-five thousandths (165-1000) of an inch in diameter, and shall be parallel to the said trolley wire, and not less than sixteen inches above the said trolley wire, and not less than eight inches, nor more than twelve (12) inches on each side of OF THE CITY OF OAKLAND, CAL. 307 a line drawn from said trolley wire perpendicular to the plane passing through the two said guard wires. The said guard or safety wires shall be thoroughly insulated from all current-bearing conductors of the said railroad motor circuits, and shall be at such places as the Eoard of Public Works may direct and designate. Section 2. Any person, designated in Section 1 of this ordinance, refusing or neglecting for the period of three months to construct and maintain such guard or safety wires after receiving notice in writing so to do from the said Board of Public Works, shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined in a sum not to exceed five hundred dollars; and in case said fine be not paid, then the person or persons so fined may be im¬ prisoned in the City Prison of the City of Oakland, at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in full force from and after its approval. (Approved December 27, 1894. Vol. 4, p. 645.) ORDINANCE NO. 1657. AN ORDINANCE REGULATING THE CROSSING OVER DRAW¬ BRIDGES IN THE CITY OF OAKLAND OF RAILWAY EN¬ GINES AND CARS PROPELLED BY STEAM. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person or persons operating or controlling any railway engine or cars propelled by steam in the City of Oakland, shall cause or permit the said railway engine or cars propelled by steam to pass over or across any drawbridge in the City of Oakland, without first having brought the said railway engine or cars pro¬ pelled by steam to a full stop at the north line of First street. Nor to pass over or across Alice-street drawbridge in the City of Oakland without first having brought the said railway engine or cars propelled by steam to a full stop, between the east line of Webster street and the north end of the trestle of said bridge. Section 2. Any person violating or causing to be violated any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed five hundred ($500) dollars, and in case the said fine be not paid, then the person so fined may be imprisoned in the prison of the City of Oakland at the rate of one day for each two dollars of the fine so im¬ posed and remaining unpaid. Section 3. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved December 29, 1894. Vol. 4, p. 649.) 3°8 GENERAL, MUNICIPAL ORDINANCES ORDINANCE NO. 1662. AN ORDINANCE REQUIRING PERSONS IN CHARGE OF STREET CARS OPERATED IN THE CITY OF OAKLAND TO BRING THE SAME TO A FULL STOP IMMEDIATELY BEFORE CROSSING THE TRACK OF ANY STEAM RAILWAY LOCATED WITHIN THE CORPORATE LIMITS OF SAID CITY. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any person 01 persons having - the charge, care or control of any street railway car operated within the corporate limits of the City of Oakland, to permit or allow such car to cross the tracks of any steam railway located within said corporate limits without bringing the said car to a. full stop immediately before crossing such steam railway track . Section 2. Any person who violates any provision of this ordi¬ nance shall be deemed guilty of a misdemeanor - , and upon convic¬ tion thereof shall be punished by a fine not to exceed the sum of five hundred dollars, and in cas£ said fine is not paid, then the person or persons so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved February 15, 1895. Vol. 4, p. 657.) ORDINANCE NO. 1661. AN ORDINANCE REQUIRING STREET RAILROAD COMPANIES OR CORPORATIONS TO STATION FLAGMEN AT CERTAIN STREET CROSSINGS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All persons, firms, companies or corporations oper¬ ating or controlling any street railway whose cars pass the intersec¬ tion of Broadway, Fourteenth street and San Pablo avenue are here¬ by required to station a flagman, and keep said flagman so stationed, at the said intersection, during the hours of the day or night, dur¬ ing which said railways are in operation. (As amended February 21, 1901. Vol. 5, p. 538.) Section 2. No conductor, motorman, gripman, person, firm, com- OF THE CITY OF OAKLAND, CAL. 309 pany or corporation owning, operating, controlling or having in charge or care, any street railway car, shall cause or permit the said car to pass said crossings, as specified in Section 1 of this ordinance, until the flagman there stationed shall signal him or them so to do. Section 3. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceed¬ ing five hundred dollars, and in case said fine be not paid, then by imprisonment in the City Prison of the City of Oakland, at the rate of one day for every two dollars of said fine remaining unpaid. Section 4. This ordinance shall take effect immediately upon its passage and approval. (Approved February 15, 1895. A r ol. 4, p. 655.) ORDINANCE NO. 1665. AN ORDINANCE REQUIRING RAILROAD COMPANIES AND COR¬ PORATIONS OPERATING RAILROADS BY STEAM TO ERECT AND MAINTAIN GATES AT A DISTANCE OF TWO HUNDRED FEET FROM WEBSTER-STREET DRAWBRIDGE AND AT A POINT BETWEEN FIRST STREET AND ALICE STREET DRAWBRIDGE. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Every railroad company or corporation operating any railroad by steam upon, along and over Webster-street drawbridge and Alice-street drawbridge, shall erect and maintain automatic gates at a point two hundred feet distant and northerly from said Webster-street drawbridge. Also erect and maintain gates across the railroad tracks which curve from First street to the Alice-street draw¬ bridge, and used by said railroad companies. Said gates to be so operated automatically that they shall close when the drawbridge opens and open when the drawbridge closes, and to be provided with suitable lights at night time. Section 2. No conductor, engineer, fireman, brakeman or other person having charge of any steam railway car or locomotive while moving towards said drawbridge shall permit or cause the same to pass the points located and designated in Section 1 of this ordinance, unless the said automatic gates are in position and operated in ac¬ cordance with the requirements of this ordinance. Section 3. Any person who violates any provision of this ordi¬ nance shall be deemed guilty of a misdemeanor, and upon convic¬ tion thereof, shall be punished by a fine not to exceed the sum of five 3io GENERAL MUNICIPAL ORDINANCES hundred dollars, and in case said fine is not paid, then the person or persons so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 4. This ordinance shall take effect and be in full force from and after thirty days after its passage and approval. (Approved February 23, 1895. Vol. 4, p. 661.) ORDINANCE NO. 1670. AN ORDINANCE REQUIRING RAILROAD COMPANIES AND COR¬ PORATIONS OPERATING RAILROADS BY STEAM IN THE CITY OF OAKLAND TO ERECT, MAINTAIN AND OPERATE SEMAPHORES AT ALL STREETS IN SAID CITY WHERE STEAM RAILROAD TRACKS CROSS THE TRACKS OF ANY STREET RAILROAD. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Every company or corporation operating a railroad by steam in the City. of Oakland shall erect, maintain and operate a semaphore at each street in said city where the railroad tracks of such company or corporation cross the tracks of any street railroad, and each of said semaphores shall be constantly operated at all times when steam cars or locomotives approach the same, so that the danger signal may be shown to any one having the charge or control of any street car approaching the said semaphore. Section 2. No conductor, engineer or other person having charge or control of any steam locomotive or railway car shall cause or per¬ mit the same to cross any track of any street railway in the City of Oakland, unless the semaphore is maintained and operated at such crossing, as provided in Section 1 of this ordinance. Section 3. An person violating any of the provisions of this ordi¬ nance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed $500.00, and in case said fine be not paid then the person or persons so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 4. This ordinance shall take effect and be in full force from and after sixty days after the date of its passage and approval. (Approved March 9, 1895. Vol. 4, p. 668.) OF THE CITY OF OAKLAND, CAE. 311 ORDINANCE NO. 1685. AN ORDINANCE MAKING UNLAWFUL THE CHARGE, EXACTION OR COLLECTION OF FARES FROM PASSENGERS RIDING BETWEEN STATIONS WITHIN THE CORPORATE LIMITS OF THE CITY OF OAKLAND, CALIFORNIA, ON CARS PRO¬ PELLED BY STEAM. 4 ND PROVIDING A PENALTY FOR A VIOLATION THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared unlawful for any person, firm or corporation, owning, controlling or operating a railroad over which cars are propelled by steam through the City of Oakland, for the pur¬ pose of carrying passengers, to charge, exact or collect fares for carrying or transporting any person or persons between stations with¬ in the corporate limits of the City of Oakland, California. Section 2. Any person, firm or corporation violating any pro¬ vision of this ordinance shall be declared guilty of a misdemeanor and be punishable by a fine not exceeding one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for each two dollars of the fine so imposed and unpaid. Section 3. This ordinance shall be in full force and effect im¬ mediately upon its approval. (Approved June 22, 1895. Vol. 4, p. 6S9.) ORDINANCE NO. 1705. AN ORDINANCE REQUIRING MOTORMEN AND GRIPMEN OP¬ ERATING STREET CARS WITHIN THE LIMITS OF THE CITY OF OAKLAND TO SOUND THE ALARM BELLS OF THE CARS BEFORE CROSSING STREETS AND FIXING A PENALTY FOR A VIOLATION THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any motorman or gripman having Charge of an electric or a cable street car to allow such to be propelled across any street within the City of Oakland without having sounded said car’s alarm gong or bell while within a distance of from fifty to twenty-five feet of the street about to be crossed. 312 GENERAL. MUNICIPAL ORDINANCES Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, and if such imposed fine be not paid, then by imprisonment in the City Prison at the rate of one day for each two dollars of the fine unpaid. (Approved September 24, 1895. Vol. 4, p. 719.) ORDINANCE NO. 1746. AN ORDINANCE REGULATING THE MEETING, PASSING AND SPEED OF STREET RAILWAY CARS WITHIN THE LIMITS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared unlawful for any motorman, gripman, conductor, or other person operating, controlling or hav¬ ing charge of any street railway car or cars, operating in the streets of the City of Oakland, to cause, permit, or allow the same to pass another car or cars within the intersection of any cross street or within fifty feet of either side of the intersection of any cross street. Section 2. It is hereby declared unlawful for any motorman, gripman, conductor, or other person, operating, controlling, or having charge of any street railway car. to cause, permit, or allow the same to pass another car at a rate of speed greater than three miles an hour. Section 3. Any motorman, gripman, conductor or other person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine not to exceed two hundred and fifty ($250.00) dollars, and in case said fine be not paid, then the person so fined to be im¬ prisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 4. All ordinances or parts of ordinances in conflict here¬ with are hereby repealed. Section 5. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved April 24, 1896. Vol. 5, p. 56.) 3 T 3 OF THE CITY OF OAKLAND, CAL. ORDINANCE NO. 1974. REGULATING THE OPERATIONS OF RAILROADS AT CERTAIN STREET CROSSINGS IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All persons, firms or corporations, owning or con¬ trolling or operating any steam railway upon Seventh, First or Web¬ ster streets, or upon Railroad avenue, in the City of Oakland, are hereby required to station flagmen and keep said flagmen so sta¬ tioned at the following points during the hours of the day 01 night hereinafter mentioned, to-wit: At the intersection of the main line track with Goss street, said point being about sixty feet east of Bay street; the intersection of said main line track with Seventh street, or Railroad avenue, west or Bay street; the intersection of Seventh and Myrtle streets; of Sev¬ enth and Market streets; Seventh and West streets; Seventh and Washington streets; Seventh and Broadway streets; Seventh and Franklin streets; Seventh and Webster streets; Eighth and Webster streets; Eleventh and Webster streets; Twelfth and Webster streets, Thirteenth and Webster streets; First and Webster streets, First and Franklin streets; First and Broadway streets; Park avenue and railroad right of way, during the hours that local trains to Ala¬ meda, Oakland and Berkeley are in operation; also at the intersection of First and Market streets; First and Castro streets; First and Clay streets; First and Washington streets, between the hours of 6 a. m. and 7 p. m. Section 2. No person, firm or corporation, owning, opeiating oi controlling any railway engine upon First, Seventh or Webster streets, or upon Railroad avenue, in the City of Oakland, shall cause or permit the said engine to pass any of the points specified in sec¬ tion one (1) of this ordinance until the flagman there stationed shall signal him or them to do so; provided, however, that this ordinance shall not apply to trains passing said points during other hours than those specified in Section one (1) for flagmen to be on duty. It Is further provided that should any person, firm or railway company, operating trains along Seventh, First and Webster streets, or along Railroad avenue, erect, maintain and operate good and substantial crossing gates at any of the crossings at which flagmen are required , by the provisions of Section one (1) of this ordinance and signal trains over and across such crossings by semaphores operated m conjunc¬ tion with such crossing gates by men stationed in towers near by during the hours specified in Section one (1) of this ordinance, it will be considered as full compliance with the terms of this ordinance. Section 3. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine not exceeding l 3H GENERAL MUNICIPAL ORDINANCES five hundred dollars, and in case said fine shall not be paid, then by- imprisonment in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine imposed and remaining- un¬ paid. Section 4. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. . Section 5. This ordinance shall take effect immediately. (Approved March 23, 1899. Vol. 5, p. 361.) ORDINANCE NO. 20G4. AN ORDINANCE REQUIRING RAILROAD COMPANIES TO STA¬ TION A FLAGMAN AT A CERTAIN STREET CROSSING IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All persons, firms or corporations* owning, operating or controlling any steam railway upon Stanford avenue, in the City of Oakland, are hereby required to station a flagman and keep said flagman so stationed at the crossing of San Pablo avenue and Stan¬ ford avenue in said city during the hours of the day or night that said railway is in operation. Section 2. No person, firm or corporation, owning, operating or controlling any railway engine upon Stanford avenue, in the City of Oakland, shall cause or permit the said engine to pass the point specified in Section 1 of this ordinance until the flagman there sta¬ tioned shall signal him or them so to do. Section 3. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceed¬ ing five hundred ($500.00) dollars, and in case said fine be not paid, then by imprisonment in the City Prison of the City of Oakland, at the rate of one day for every two dollars of said fine remaining un¬ paid. Section 4. This ordinance shall take effect immediately. (Approved August 12, 1899.. Vol. 5, p. 412.) OF THE CITY OF OAKLAND, CAL. 315 ORDINANCE NO. 1739. AN ORDINANCE REGULATING THE SPEED OF ELECTRIC AND CABLE STREET CARS, RAILWAY ENGINES AND CARS PRO¬ PELLED BY STEAM IN THAT PORTION OF THE CITY OF OAKLAND BOUNDED ON THE NORTH BY THE NORTHERLY LINE OF SIXTEENTH STREET, ON THE EAST BY THE EASTERLY LINE OF FRANKLIN STREET, ON THE SOUTH BY THE SOUTHERN BOUNDARY LINE OF THE CITY; AND ON THE WEST BY THE WESTERLY LINE OF WASHING¬ TON STREET. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person, firm or corpora¬ tion, owning, operating or controlling any electric or cable street cars, railway engines or cars propelled by steam to cause, allow 01 permit the same to attain a greater maximum rate of speed than eight (8) miles an hour in any of that portion of the City of Oak¬ land, bounded on the north by the northerly line of Sixteenth street, on the east by the easterly line of Franklin street, on the south by the southerly charter line of the City of Oakland, and on the west by the westerly line of Washington street. Section 2. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one hundred dollars, and in case said fine be not paid, then the per¬ son or persons so fined shall be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two ($2) dollars of the fine so imposed and remaining unpaid. Section 3. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved March 20, 1896. Vol. 5, p. 43.) ORDINANCE NO. 1754. AN ORDINANCE AUTHORIZING AND DIRECTING THE NORTH¬ ERN RAILWAY COMPANY TO CHANGE THE LOCATION OF ITS TRACKS ON CEDAR STREET. GENERAL MUNICIPAL ORDINANCES 316 Be it Ordained by the Council of the City of Oakland, as follows: Section 1. The Northern Railway Company is hereby authorized and directed to change the location of its tracks on Cedar street so that the most westerly rail of any of said tracks shall be a distance of twenty-three feet from the western curb line of said Cedar street. Section 2. All ordinances or parts of ordinances in conflict here¬ with are hereby repealed. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved May 22. 189(5. Vol. 5, p. 67.) ORDINANCE NO. 1747. AN ORDINANCE DECLARING IT TO BE UNLAWFUL FOR ANY MOTORMAN, GRIPMAN OR DRIVER, WHILE IN CHARGE OP’ A STREET CAR WITHIN THE LIMITS OF THE CITY OF OAK¬ LAND TO LEAVE HIS POSITION ON SUCH CAR WHILE THE CAR IS IN MOTION, AND PROVIDING A PENALTY FOR A VIOLATION THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any motorman, gripman or driver, operating or controlling- any street car within the limits of the City of Oakland, to leave the position occupied by said motorman, gripman or driver in operating or controlling the machinery, horses or other motive power of the car, while said car is in motion. Section 2. Any person violating this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine not exceeding one hundred ($100.00) dollars, and in case said fine be not paid, then by imprisonment in the City Prison at the rate of one day for every two dollars of the fine so imposed and remaining unpaid. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved April 24, 1896. Vol. 5, p. 58.) OF THE CITY OF OAKLAND. CAL. 3*7 CHARTER XII. MICELLANEOUS PENAL ORDINANCES. ORDINANCE NO. 2194. 'AN ORDINANCE PROHIBITING THE CUTTING DOWN OR RE¬ MOVAL OF TREES IN ANY OF THE PUBLIC STREETS OR SQUARES OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person or persons to cut down, remove or mutilate any trees or trees growing' upon any of the streets or public squares of the City of Oakland, except by per¬ mission from the Board of Public Works. Section 2. Any person violating this ordiance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined for same not more than $100, and in case such fine is not paid to be im¬ prisoned in the City Prison at the rate of one day for every two ($2.00) dollars of the fine so imposed. Section 3. Ordinance No. 161 in relation to prohibiting the cut¬ ting down of trees, approved April 24, 1860, is hereby repealed. Section 4. This ordinance shall take effect immediately. (Approved May 23, 1903. Vol. 6, p. 72.) ORDINANCE NO. 262. AN ORDINANCE FOR THE PROTECTION OF BIRDS IN THE CITY OF OAKLAND. The Council of the City of Oakland do Ordain as follows: Section ,1. No person shall trap, snare, or otherwise capture or kill any wild bird, except water fowl and birds of prey, within the limits of the City of Oakland. 3i8 GENERAL MUNICIPAL ORDINANCES Section 2. Any person violating Section 1 of this ordinance shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding ten dollars, and in default of pay¬ ment by imprisonment in the City Prison at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in force from and after ten days after its approval by the Mayor. (Approved May 11, 3 86". Vol. 1 , p. 259.) ORDINANCE NO. 320. AN ORDINANCE TO REGULATE DANCE HOUSES IN THE CITY OF OAKLAND. The Council of the City of Oakland do Ordain as follows: Section 1. That it shall be unlawful for the keeper or owner of any saloon or dance, house within the limits of the City of Oakland to allow or permit to be carried on in such saloon or dance house, dancing or other loud and boisterous play or amusement after the hours of 11 o’clock in the evening. Section 2. Any person violating the first section of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars, nor more than fifty dollars, and in case such fine is not paid, to be imprisoned in the City Prison at the rate of one day for every two dollars of such fine. Section 3. This ordinance to take effect from and after its ap¬ proval. (Approved July 24, 1868. Vol. 1, p. 319.) ORDINANCE NO. 360. AN ORDINANCE PROHIBITING THE BLOWING OF A POLICE¬ MAN’S WHISTLE WITHIN THE LIMITS OF THE CITY OF OAKLAND, EXCEPT BY POLICEMEN. The Council of the City of Oakland do Ordain as follows: Section 1. It shall be unlawful for any person within the limits of the City of Oakland in the night or day time to blow upon what is known and denominated “a policeman’s w'histle,” so as to produce noise or whistling sound, excepting in cases of necessity or impend¬ ing danger, real or apparent; provided, however, that this ordinance OF THE CITY OF OAKLAND, CAL. 319 shall in no way or manner affect the duties, practice or regulation of the Department of Police, or any officer theieof, 01 peisons having permission from the Captain of Police to keep and use the same. (Amendment approved September 8, 1888. Vol. 3, p. 304.) Section 2. Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not less than ten dollars, nor more than thirty, and in default of the payment thereof, shall be imprisoned In the City Prison one day for every two dollars of such fine. Section 3. This ordinance shall take effect and be in full force on and after its approval. (Approved December 11, 1869. Vol. 1, p. 379.) ORDINANCE NO. 396. AN ORDINANCE FOR THE PREVENTION AND SUPPRESSION OF NUISANCES. The Council of the City of Oakland do ordain as follows: Section 1. No person shall establish or maintain any slaughter house, keep any hog or hogs, cure or keep hides, skins, or peltry, slaughter cattle, sheep or any other kind of animal; puisue, maintain or carry on any other business or occupation offensive to the senses or prejudicial to the public health or comfort within the limits of the City of Oakland. (Amendment approved December 11, 1897. Vol. 5, p. 217.) Section 2. (Repealed by Ordinance No. 2067. Approved October 9, 1900. Vol 5, p. 506.) Section 3. No person shall engage in the occupation or business of reducing or smelting ores containing sulphurets of lead, aisenic, copper or antimony within the limits of the City of Oakland. Section 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and on convic¬ tion thereof shall be fined in a sum not less than seventy -ll've dollais and not more than one hundred dollais, and shall also be fined in a sum not less than seventy-five dollars and not more than one hundred dollars for each and every day during' which said peison shall con¬ tinue to violate any of the provisions of this ordinance; and in default of payment thereof shall be imprisoned one day for every two dollars of such fine. Section 5. All ordinances or parts of ordinances, so far as they conflict with the provisions of this ordinance, are hereby repealed. Section 6. This ordinance shall take effect from and after its approval. (Approved August 16, 1870. Vol. 1, p. 438.) 320 GENERAL MUNICIPAL ORDINANCES ORDINANCE NO. 418. AN ORDINANCE TO PREVENT STALLIONS, BULLS OR JACK¬ ASSES FROM BEING STAKED OUT OR RUNNING AT LARGE IN OR UPON ANY PUBLIC STREETS OR UNINCLOSED LOTS IN THE CITY OF OAKLAND. The Council of the City of Oakland do Ordain as follows: Section 1. It shall be unlawful for any person or persons to stake out or cause to be staked out upon any open, vacant or unin¬ closed lot or field within the limits of the City of Oakland, any stallion, bull or jackass, or allow or permit any stallion, bull or jackass to run at large upon any open, vacant or uninclosed lot or field within the limits of the City of Oakland; and it shall be unlaw T - ful for any person or persons to allow or permit any stallion, bull or jackass to be staked out or run at large in or upon any lot or field with¬ in the limits of the City of Oakland, unless the same be inclosed by a good and substantial fence of sufficient height, strength and durabil¬ ity to prevent such stallion, bull or jackass from escaping into and up- an the public streets of the City of Oakland, or into or upon any lot open, vacant or inclosed; and it shall be unlawful for any person or persons to permit or allow any stallion, bull or jackass to run at large in any of the streets, lanes or alleys within the limits of the City of Oakland. This ordinance shall apply to the owner or owners, possesor or possessors, their agents and servants, and to all persons having the control of such stallion, bull or jackass. Section 2. Every person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined in a sum not to exceed one hundred dollars; and in default of payment shall be imprisoned in the City Prison one day for every two dollars of such fine. Section 3. This ordinance shall take effect and be in full force on and after its approval. (Approved June 29, 1871. Vol. 1, p. 472.) ORDINANCE NO. 435. AN ORDINANCE TO PREVENT THE USE OF HORSES AND OTHER ANIMALS SICK AND AFFLICTED WITH A DISEASE CALLED GLANDERS WITHIN THE PUBLIC STREETS OF THE CITY OF OAKLAND. OF THE CITT OF OAKLAND, CAL. 321 The Council of the City of Oakland do ordain as follows: Section 1. It is hereby declared to be unlawful for any person to use, ride, load or drive any horse or other animal afflicted with the disease known as glanders within the public stieets of the City of Oakland, or to water such diseased horse or other animal at any watering place in any of the public streets or places wfithin said city. Section 2. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of twenty dollars, and in default of payment thereof be imprisoned in the City Prison one day for each two dollars of such fine. Section 3. This ordinance shall take effect and be in full force on and fater its approval. (Approved October 31, 1871. Vol. 1, p. 519.) ORDINANCE NO. 514. AN ORDINANCE TO PREVENT THE OWNERS OR POSSESSORS OF LAME, DISEASED, DISABLED OR WORN OUT HORSES OR MULES, OR ANY HORSE OR MULE, FROM TURNING THE SAME LOOSE TO RUN AT LARGE UPON THE PUBLIC STREETS, PLAZAS AND PLACES IN THE; CITY OF OAK¬ LAND. The Council of the City of Oakland do ordain as follows: Section 1. From and after the passage of this ordinance it shall be unlawful for any person to turn loose to run at large in and upon the public streets, plazas and other public places in the City of Oak¬ land any lame, disabled, diseased or worn out horse or mule, or any horse or mule. Section 2. Any person violating the provisions of this ordinance,, or any provision therein contained, shall be deemed guilty of the com¬ mission of a public offense of the grade of misdemeanor, and upon conviction thereof shall be fined in the sum of twenty-five dollars, and in default of the payment thereof, shall be imprisoned in the City Prison of the City of Oakland one day for every two dollars of such fine. Section 3. This ordinance shall take effect and be in full foice on and after its approval. (Approved January 13, 1873. Vol. 2, p. 222.) 322 GENERAL MUNICIPAL ORDINANCES ORDINANCE NO. 537. AN ORDINANCE PROVIDING FOR THE VERIFICATION OF BILLS, CLAIMS AND DEMANDS AGAINST THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section 1. From and after the approval of this ordinance all bills, claims and demands against the City of Oakland presented for payment shall be verified by an affidavit of the claimant, or his or her assignoi, annexed thereto, to the effect that the same is true and correct, and that the same nor any part thereof has ever been paid or satisfied, and has or has not, as the case may be, been before presented for payment: provided,-however, that all salary bills and bills certified to as being true and correct by a city officer, who has knowledge of the fact and originating within the particular department of such city officer, shall not come within the provisions of this ordinance, and is expressly excepted therefrom; and provided, further, that this or¬ dinance does not, nor is it intended to conflict with that provision of the City Charter requiring all officers intrusted with money belonging to the city to make oath that the same has been paid over to the City Treasurer before receiving pay for their services. Section 2. (Repealed by Ordinance No. 1419, approved April 30 1892. Vol. 4, p. 184.) Section 3. This ordinance shall take effect and be in full force on and after its approval. (Approved April 24, 1873. Vol. 2, p. 261.) ORDINANCE NO. 654. AN ORDINANCE TO PREVENT PERSONS FROM DODGING IN BARNS AND OUTBUILDINGS IN THE CITY OF OAKLAND. The City Council of the City of Oakland do ordain as follows: Section 1. It is hereby declared unlawful for any person to lodge in any barn, shed, shop, out-house, vessel or place other than such as kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined not exceeding one hundred dollars, and in case the fine be not paid, the person so fined shall be imprisoned ( OF THE CITY OF OAKLAND, CAL. 3 2 3 in the City Prison at the rate of one day for every two dollars of the fine imposed. Section 3. This ordinance shall take effect and be in full force from and after its approval. (Approved January 6, 1876. Yol. 2, p. 443.) ORDINANCE NO. 719. AN ORDINANCE FOR THE REGULATION AND LOCATION OF HOUSES FOR THE STORAGE OF HAY, STRAW AND ALL COMBUSTIBLE MATERIALS WITHIN CERTAIN LIMITS OF THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section 1. It is hereby declared unlawful for any person to ha\ e or keep for sale, or to maintain for storage, or otherwise, more than twenty (20) tons of hay, straw or any combustible material in any house or building, or upon any lot, piece or parcel of land within the following described limits, to-wit: Commencing at the intersection of the northerly line of Third street with the easterly line of Castro street in the City of Oakland; running thence northerly along the easterly line of Castro street and said line produced to the southerly line of Twenty-second street; thence easterly to a point on the westerly arm of Lake Merritt two hundred (200) feet northerly from the northerly line of Delger or Twentieth street; thence westerly, easterly and southerly along the highest tide line of said Lake Merritt to the northerly line of Third street produced easterly to said highest tide line; thence westeily along the northerly line, of Third street to the place of commnece- ment. (Amendement approved November 2, 1877. Vol. 2, p. 582.) Section 2. Any person who has or keeps for sale, or who main¬ tains on storage more than twenty (20) tons of hay or straw or any combustible materials in any house or building-, or upon any lot, piece or parcel of land within the aforesaid limits, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding one hundred ($100) dollars, and in case the fine be not paid, the person so fined shall be imprisoned in the City Prison until the fine is satis¬ fied at the rate of one day’s imprisonment for every two dollars of the fine imposed. (Amendment approved September 8, 1888. Vol. 3, p. 302.) Section 3. This ordinance shall take effect and be in full force on and after its approval. (Approved March 16, 1877. Vol. 2, p. 534.) I \ 3*4 GENERAL MUNICIPAL ORDINANCES ORDINANCE NO. 816. AN ORDINANCE PROHIBITING PERSONS FROM APPEARING IN PUBLIC IN A DRESS OTHER THAN BELONGING TO HIS OR HER SEX. The Council of the City of Oakland do ordain as follows: Sectional. It is hereby declared unlawful for any person to ap¬ pear in a public place naked or in a dress not belonging to his or her sex, or in an indecent or lewd dress. Section 2. Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not exceeding one hundred ($100.00) dollars, and in case the fine be not paid, the person so fined shall be imprisoned in the City Prison until the fine is satisfied at the rate of one (1) day for every two dollars ($2) of the fine imposed. Section 3. This ordinance shall take effect and be in full force and effect on and after its approval. (Approved May 8, 1879. Vol. 2, p. 707.) ORDINANCE NO. 818. AN ORDINANCE PROHIBITING PERSONS FROM TAKING OR PASSING INTOXICATING LIQUORS INTO THE CITY PRISON OF THE CITY OF OAKLAND. The Council of the City of Oakland do ordaii} as follows: Section 1. It shall be unlawful for any person, without permission of the officer in charge, to bring or pass any intoxicating liquor into the City Prison of the City of Oakland. Section 2. Any person violating this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding one hundred ($100) dollars; and in case the fine be not paid, the person so fined shall be imprisoned in the City Prison until the fine is satisfied, at the rate of one (1) day for every two dollars ($2) of the fine imposed. Section 3. This ordinance shall take effect and be in full force and effect on and after its approval. (Approved May 10, 1879. Vol. 2, p. 709.) I OF THE CITY OF OAKLAND, CAL. 325 ORDINANCE NO. 875. AN ORDINANCE PROHIBITING BOYS FROM GETTING ON AND OFF RAILROAD CARS WHILE IN MOTION. The Council of the City of Oakland do ordain as follows: Section 1. It shall he unlawful for any boy under the age of six¬ teen years to get on, or attempt to get on, any car or train of cars propelled by steam; or to get off, or attempt to get off, from any such car, or train of cars, while the same is in motion, at any place in the City of Oakland. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined in a sum not exceeding fifty dollars; and in case the fine be not paid, shall be imprisoned in the City Jail of the City of Oakland at the rate of one day for each two dollars of the fine imposed. Section 3. This ordiance shall take effect immediately. (Approved October 5, 1880. Vol. 3, p. 30.) [Note—This ordinance is supplemented by Ordinance No. 1540, post, purporting to amend the same. Approved July 19, 1893. Vol. 4, p. 447.) ORDINANCE NO. 879. AN ORDINANCE TO SUPPRESS OPIUM DENS AND PREVENT IMMORALITY. The Council of the City of Oakland do ordain as follows: Section 1. No person shall, in the City of Oakland, own, or keep, or maintain, or manage, or smoke opium at, or become an inmate of, or visit, or resort to, or in any way contribute to the support of, any house, or room, or place where opium is smoked, or where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or which is kept as a place of resort for smoking opium. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined in a sum not exceeding one hundred dollars, and in case the fine be not paid, shall be imprisoned at the rate of one day for each two dollars of the fine imposed. Section 3. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. Section 4. This ordinance shall take effect immediately. (Approved January 19, 1881. Vol. 3, p. 35.) 326 GENERAL MUNICIPAL ORDINANCES ORDINANCE NO. 8B1. AN ORDINANCE PROHIBITING CERTAIN MINORS FROM BEING ON THE PUBLIC STREETS AT NIGHT. The Council of the City of Oakland do ordain as follows: Section 1. It shall be unlawful for any minor, under the ag-e of sixteen years, to be or appear in any street, square or public place, in the City of Oakland, after 9 o’clock at night, and between said hour and daylight of the following morning, unless such minor be accompanied by the parent, guardian or other person having the law¬ ful control of such minor, or have the express written permission of such parent, guardian or other person, to be on the streets between said hours. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined in a sum not exceeding fifty dollars, and in case the fine be not paid, shall be imprisoned in the City Jail until the same is satisfied at the rate of one day for each two dollars of the fine imposed. Section 3. This ordinance shall take effect immediately. (Approved February 23, 1881. Vol. 3, p._ 38.) ORDINANCE NO. 932. AN ORDINANCE REGULATING THE DEFACING OF BUILDINGS. STRUCTURES AND CERTAIN TREES BY ADVERTISING NO¬ TICES; PROHIBITING THE DEFACING OF POLES, SIDE¬ WALKS AND. CERTAIN TREES BY SUCH NOTICES; REGU¬ LATING THE SUSPENSION OF BANNERS AND ADVERTISING NOTICES OVER ANY PUBLIC STREET; PROHIBITING THE CARRYING OF PLACARDS IN, AND THE DISTRIBUTION OF ADVERTISING NOTICES ON, STREETS AND SIDEWALKS, AND PROVIDING A PENALTY FOR A VIOLATION THERE¬ OF. The Council of the City of Oakland do ordain as follows: Section 1. It is hereby declared unlawful for any person to post, stick, stamp, paint or otherwise affix, or cause to be posted, stuck, stamped, painted or otherwise affixed, any bill, poster, notice or ad- OF THE CITY OF OAKLAND, CAE. 327 vertisement to or upon any building, structure, wall, fence, gate post, or tree upon private premises, without permission in writing from the owner, agent or occupier of the premises; or upon any telegraph, telephone or electric light pole; or upon any sidewalk; or upon any tree, in any public street, sidewalk or square. Nor shall any person sus¬ pend any banner, sign or advertising- notice from, or attach the same to any wire or other device crossing or overhanging any public street, without permission in writing from the Board of Public Works. (As amended June 6, 1899. Vol. 5, p. 381.) Section 2. It is hereby declared unlawful for any person upon any sidewalk, or in any street in the City of Oakland, to carry, bear or support any banner, sign, transparency, framework, device or em¬ blem used or purporting to be used or intended as an advertisement of any trade, profession or business, place of business, office, store or occupation, or to throw upon any sidewalk, street, square or other public place, any advertisement, paper, bill, poster, flyer, notice or advertising device or emblem, used or purporting to be used, or in¬ tended as an advertisement, or notice of any article or merchandise, or of any trade, profession or business, office, store or occuaption of any person or persons. (Amendment approved October 30, 1890. Vol. 3, p. 529.) 7 Section 3. Any person violating any of the provisions of this ordinance shall be fined not exceeding one hundred dollars, and in case the fine be not paid the person so fined may be imprisoned in the City Prison at the rate of one day for every two dollars of the fine imposed. Section 4. This ordiance shall take effect from and after its ap¬ proval by the Mayor. (Approved September 4, 1883. Vol. 3, p. 118.) [Note—See Ordinance No. 1708 ] ORDINANCE NO. S41. AN ORDINANCE PROVIDING FOR THE SAFE-KEEPING OF HAY, STRAW, SHAVINGS AND COMBUSTIBLE WASTE MA¬ TERIAL. The Council of the City of Oakland do ordain as follows: Section 1. Every person making, using or having the charge or control of hay, straw, shavings, sacks, bags, litter or any com¬ bustible material, or waste, or fragments, or refuse of a combustible character, shall, at the close of each day cause the same to be securely 328 GENERAL MUNICIPAL ORDINANCES stored or disposed of in such way as to safely protect the same from fire, and in such way as shall not endanger other property. Section 2. Every person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon con¬ viction shall pay a fine not to exceed one hundred dollars, and in case such fine be not paid, then every person so convicted shall be im¬ prisoned in the City Prison of the City of Oakland until the fine so imposed is satisfied, at the rate of one day’s imprisonment for every two dollars of the fine imposed. Section 3. This ordinance shall take effect and be in force from and after its approval by the Mayor. (Approved February 13, 1884. Vol. 3, p. 129.) ORDINANCE NO. 2001. AN ORDINANCE TO PREVENT CIGARETTE SMOKING IN THE STREETS AND PUBLIC PLACES OF THE CITY OF OAKLAND BY CERTAIN PERSONS AND REPEALING ORDINANCE NO. 1932, APPROVED AUGUST 31, 1898. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared unlawful for any minor under the age of sixteen years to smoke any cigarette in any railway car, street, square, public building or public place in the City of Oakland. Section 2. Any person violating any of the provisions of this or¬ dinance shall be declared guilty of a misdemeanor, and upon con¬ viction thereof shall be fined not exceeding fifty dollars, and in case said fine be not paid then the person or person so fined may be im¬ prisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 3. Ordinance No. 1932, prohibiting the sale of or offering for sale, or giving away cigarettes, etc., approved August 31, 1898, is hereby repealed. Section 4. This ordinance shall take effect immediately. (Approved August 1, 1899. Vol. 5, p. 409.) ORDINANCE NO. 1005. AN ORDINANCE CONCERNING THE SALE TO MINORS OF IN¬ TOXICATING LIQUORS. OF THE CITY OF OAKLAND. CAL. 329 The Council of the City of Oakland do ordain as follows: Section 1. It is hereby declared, unlawful for any person, firm or corporation to, within the limits of the City of Oakland, sell, give away or deliver to any person, under the age of sixteen years, any spirituous, vinous, malt or other intoxicating liquors; provided, that this ordinance shall not apply to the sale or delivery of liquors by the owner and proprietors of drug- stores upon the prescription of any regular practicing physician for medicinal purposes. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined in a sum not exceeding one hundred dollars, and in case the said fine be not paid, then the person or per¬ sons so fined may’ be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 3. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved March 19, 1SS7. Vol. 3, p. 241.) ORDINANCE NO. 1010. AN ORDINANCE PROHIBITING PERSONS FROM TAKING OPIUM INTO THE CITY PRISON OF THE CITY OF OAKLAND. The Council of the City of Oakland do ordain as follows: Section 1. It is hereby declared unlawful for any person, with¬ out the written permission of the Health Officer of the City of Oak¬ land, to bring into the City Prison of the City of Oakland, or to have in his possession while a prisoner in said City Prison, any opium or any of the preparations of opium. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof, shall be punished by a fine not exceeding one hun¬ dred dollars, and in case .said fine be not paid, then the person so fined shall be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in full force immediately' upon its approval. (Approved June 3, 1887. Vol. 3, p. 250.) 1 / 330 \ \ GENERAL MUNICIPAL ORDINANCES / ORDINANCE NO. 1011. AN ORDINANCE TO PREVENT THE IMPERSONATION OF CER¬ TAIN PUBLIC OFFICERS. The Council of the City of Oakland do ordain as follows: Section 1. It is hereby declared unlawful for any person, .within the limits of the City of Oakland, to falsely represent himself to be a Police Captain or Police Officer, Sheriff, Deputy Sheriff, City Mar¬ shal or Deputy City Marshal or member of the Fire Department, Constable or Deputy Constable, or to wear any Police, Sheriff or Deputy Sheriff, Marshal, Deputy Marshal, Constable, Deputy Con¬ stable or Fire Department badge with intent to deceive, or to use any signs, badge or devices used by the Police Department or the Fire Department of the City of Oakland with intent as aforesaid. Section 2. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined in a sum not exceeding one hundred dollars, and in case said fine be not paid, then the person or persons so fined shall be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect and be in full force- immediately upon its approval. (Approved June 8, 1887. Vol. 3, p. 251.) ORDINANCE NO. 1021. AN ORDINANCE PROHIBITING THE SOLICITING OF PATRON¬ AGE ON RAILROAD TRAINS, STEAMBOATS OR VEHICLES WITHOUT THE CONSENT OF THE OWNERS THEREOF WITHIN THE CORPORATE LIMITS OF THE CITY OF OAK¬ LAND. ' The Council of the City of Oakland do ordain as follows: Section 1. No person shall solicit patronage for any hotel, vehicle or other business upon any railroad train, steamboat or vehicle what¬ soever within the corporate limits of the City of Oakland, without first having obtained permission in writing so to do from the owner, charterer, lessee, or managing agent of such owner, charterer or lessee of such railroad train, steamboat or other vehicle. Section 2. Any person violating the provisions of Section 1 of 33 r OF THE CITY OF OAKLAND, CAL. / this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hun¬ dred dollars, or’ by imprisonment not exceeding one day for each two' dollars of the fine imposed. Section 3. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. Section 4. This ordinance shall take effect and be in force from and after its approval. (Approved October 7, 1887. Vol. 3, p. 259.) ORDINANCE NO. 1135. AN ORDINANCE TO PREVENT DRUNKENNESS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall be drunk in a public place, or place open to public view, in the City of Oakland. Section 2. Every person violating’ any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine not to exceed one hundred dollars, and in case such fine be not paid then by imprisonment at the, rate of one day for every two dollars of the fine so imposed. Section 3. An ordinance entitled “An Ordinance to Prevent Drunk¬ enness and Disorderly Conduct in the CiO T of Oakland,” approved April 6 , 1877, is hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved May 15, 1890. Vol. 3. p. 433.) ORDINANCE NO. 1137. AN ORDINANCE TO PREVENT PROFANE AND VULGAR LAN¬ GUAGE. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall, in the City of Oakland, utter within the hearing of tw T o or more persons any profane or vulgar language, words, or epithets. 3J2 GENERAL MUNICIPAL ORDINANCES Section 2. Every person violating- any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved May 15. 1890. Vol. 3, p. 435.) ORDINANCE NO. 1957. AN ORDINANCE FORBIDDING THE EXHIBITION OR OFFERING FOR SALE OF LIVE ANIMALS ON SIDEWALKS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person or firm or corpora¬ tion to keep, exhibit, or offer for sale, any live ducks, geese, chickens or other animals of any kind upon any sidewalk within the City of Oakland. Section 2. Any person violating any of the provisions of this ordinance shall be deemed g'uilty of a misdemeanor, and upon con¬ viction thereof shall be fined not exceeding one hundred ($100.00) dol¬ lars, and in case said fine be not paid then the person or persons so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one (1) day for every two ($2.00) dollars of the fine so imposed. Section 3. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. Section 4. This ordinance shall take effect from its approval. (Approved January 27, 1899. Vol. 5, p. 340.) ORDINANCE NO. 2246. AN ORDINANCE PROHIBITING SPITTING AND EXPECTORATION IN CERTAIN PLACES. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared unlawful for any person to spit or expectorate within the City of Oakland upon the floor or steps of V N 333 OF THE CITY OF OAKLAND, CAL. I any public car or conveyance, or upon the floor or steps of any pub¬ lic building, or upon any sidewalk or crosswalk. Section 2. Every person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed six dollars ($6.00), and in case such fine be not paid, then by imprisonment in the City Prison at the rate of one (1) day for every two dollars ($2.00) of the fine so imposed and remaining unpaid. Section 3. Ordinance No. 1967, entitled “An Ordinance Prohibiting Spitting and Expectoration in Certain Places,” approved February 23. 1899, is hereby repealed. Section 4. This ordinance shall take effect immediately. (Approved December 12, 1903. Vol. 6, p. 153.) ORDINANCE NO. 1139. AN ORDINANCE FOR THE PROTECTION OF THE ALAMEDA BRIDGE. SO CALLED. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall ride or drive any horse, mule, or animal drawing any vehicle, or otherwise, along, upon or across the draw of what is known and denominated as the Alameda bridge, in the City of Oakland, at a rate of speed faster than a walk. Section 2. An ordinance, entitled “An Ordinance for the Protec¬ tion of What is Known and Denominated the Alameda Bridge, Etc." approved July 10, 1871, is hereby repealed. Section 3. Any person violating any of the provisions of Sec¬ tion 1 of this ordinance is guilty of a misdemeanor, and upon con¬ viction thereof shall be punished by a fine not to exceed one hundred dollars, and in case such fine be not paid, by imprisonment at the tate of one day for every two dollars of such fine so imposed. Section 4. This ordinance shall take effect immediately upon Its approval. (Approved May 15, 1890. Vol. 3, p. 437.) ORDINANCE NO. 1140. AN ORDINANCE TO PREVENT HORSES AND MULES FROM RUNNING AWAY IN THE PUBLIC STREETS OF THE CITY OF OAKLAND. 334 GENERAL MUNICIPAL ORDINANCES # Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall leave or allow any horse or mule to be or remain standing upon any of the public streets of the City of Oakland, unless such animal is in some way properly secured, either by hitching or being under the personal control of some person of suitable age. Section 2. An ordinance, entitled “An Ordinance to Prevent Horses and Other Animals from Running Away in the Public Streets of the City of Oakland,” approved May 12, 1874, and all ordinances amendatory thereof are hereby repealed. Section 3. Every person violating any provision of this ordi¬ nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by fine of not to exceed one hundred dollars; and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved May 15, 1890. Vol. 3, p. 438.) ORDINANCE NO. 2083. AN ORDINANCE REGULATING THE CARRYING OF CONCEALED WEAPONS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person in the City of Oakland to wear or carry concealed about his person any pistol, slungshot, brass or iron knuckles, sand club, dirk or bowie knife, iron bar or other dangerous or deadly weapon, or any sling or other con¬ trivance by which shot or other missiles are or may be hurled or projected; provided, that the provisions of this ordinance shall not apply to any public peace officer carrying any suitable weapon to aid him in the discharge of his official duties and, provided further, that on payment to the Secretary of the Board of Public Works of a fee of $2.50 therefor, to be by him turned into the City Treasury, a writ¬ ten permit may be granted by the Mayor for a period of not to ex¬ ceed one year, to any peaceable person whose profession or occu¬ pation may require him to be out at late hours of the night, to carry a concealed deadly weapon upon his person. Section 2. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine of not to exceed one hundred dollars; and' in case OF THE CITY OF OAKLAND, CAL. 335 such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. Ordinance No. 1141, approved May 15, 1890, and all other ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 4. This ordinance shall take effect immediately. (Approved May 29, 1901. Vol. 5, p 542.) ORDINANCE NO. 2202. AN ORDINANCE TO PROHIBIT THE DISCHARGE OF CANNON. ANVILS, FIREARMS AND FIREWORKS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall fire or discharge or cause to be fired or discharged, within the limits of the City of Oakland, any cannon, an¬ vil, gun, pistol or other firearms. Chinese or other firecracker, bomb, fireworks or explosive preparation of a similar natuie, loaded or charged Avith gun powder, or any other explosive material, except as hereinafter provided. Section 2. The foregoing provisions as to the use of firearms shall not apply to peace officers in the discharge of their official duties and using reasonable care; nor to persons using firearms in necessary self defense or in a careful manner for the purpose of destroying noxious animals upon land owned or occupied by them; nor to persons firing firecrackers, bombs, fireworks, or similar preparations on the 3d, 4th and 5th days of July; provided, that no person shall fire any firecrackers or discharge any bombs, fireworks, or similar preparations upon the sidewalks or crosswalks, or within that certain plaza or park bound¬ ed by Fourteenth street, Fifteenth street and San Pablo avenue, in the City of Oakland, or upon any streets fronting on said park or plaza. Section 3. Cannon, anvils or fireworks may be discharged upon ■occasions of public parade, procession or rejoicing, after permission in writing first obtained therefor from the Mayor, specifying time and place. All acts under such permission must be done in a careful manner, and such permission shall not exempt the person to v horn it is granted from any liability for damage done to person oi pioperty by him under such permission . Section 4. Every person violating any provisions of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be pun¬ ished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. 336 GENERAL MUNICIPAL ORDINANCES Section 5. An ordinance, entitled “An Ordinance to Prohibit the Discharge of Cannon, Anvils, Firearms and Fireworks,” approved May 15, 1891, and all ordinances in conflict with this ordinance, are hereby repealed. Section 6. This ordinance shall take effect immediately upon Its approval. (Approved June 18, 1903. Vol. 6. p. 81.) ORDINANCE NO. 1143. AN ORDINANCE TO PROHIBIT THE USE OF GUNS AND PISTOLS BY CERTAIN MINORS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall, in the City of Oakland, sell or give to any minor child under the age of twelve years, nor allow any such child to use, handle or discharge any gun or pistol, or other similar instrument, from or by means of which any bullet, shot or other missile of any kind is or may be projected by means of cartridges, powder or other explosive. Section 2. Every person violating any provision of this ordi¬ nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. Sections 2 and 3 of “An Ordinance Prohibiting the Carrying of Pistols and Sling-shots,” approved May 4, 1881, is hereby repealed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved May 15, 1891. Vol. 3, p. 442.) ORDINANCE NO. 1144. AN ORDINANCE FOR THE SUPPRESSION OF HOUSES OF ILL- FAME AND PROSTITUTION. Be it Ordained by the Council of the City of Oakland, as follows: No person shall keep or carry on or become an bi¬ section 1. OF THE CITY OF OAKLAND, CAL. 337 mate of. or a visitor to, or shall in any way contribute to the support of, any house of ill-fame or prostitution in the City of Oakland. Section 2. No person shall aid or assist, or be engaged in carry¬ ing on or causing prostitution, or by any solicitation induce, or at¬ tempt to induce, prostitution to be carried on in any house, room or place in the City of Oakland. Section* 3. An ordinance entitled “An Ordinance for the Sup¬ pression of Houses of Ill-fame, Etc,” approved September 11, 1871, is hereby repealed. Section 4. Any person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 5. This ordinance shall take effect immediately upon its approval. (Approved May 15, 1890. Vol. 3, p. 443.) ORDINANCE NO. 1145. AN ORDINANCE TO PROHIBIT THE USE OF SPRING, BOW AND AIR GUNS IN PUBLIC PLACES. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall discharge upon any public street or place in the City of Oakland any gun by means of which any missile is projected by means of a spring, bow or compressed air. Section 2. Every person violating any provision of this ordi¬ nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a. fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its approval. (Approved May 15, 1890. Vol. 3, p. 444.) ORDINANCE NO. 1219. AN ORDINANCE TO PROVIDE FOR THE KEEPING OF WHARVES, DOCKS AND PIERS IN GOOD REPAIR. 33$ GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Every person who owns or has control of any wharf, dock or pier in the City of Oakland at the terminus or connected with any public street, or upon which there is or may be public travel, shall keep the same in good condition and repair sufficient to render the same safe for public travel and not dangerous to life, limb or* property, and shall obey all lawful orders of the Board of Public Works requiring any work upon or repair to the same which may be necessary to put them in the condition required by the foregoing provisions. Section 2. An ordinance entitled, “An Ordinance to Prevent, Abate and Remove Public Nuisances Within the City of Oakland,” approved December 4, 1871, is hereby repealed. Section 3. Every person violating any provision of this ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every dollar of the fine so imposed. Section 4. This ordinance shall take effect immediately upon its approval. (Approved October 30, 1890. Vol. 3, p. 531.) ORDINANCE NO. 1337. -AN ORDINANCE REGULATING THE INSPECTION OF THE REG¬ ISTER OF ARTICLES HELD IN PAWN BY PAWNBROKERS. Be it Ordained by the Council of the City Of Oakland, as follows: Section 1. Every person who carries on the business of a pawn¬ broker in the City of Oakland shall at any time, upon request of any police officer of the City of Oakland, produce his register for in¬ spection, or exhibit any articles received by him in pledge on his account of sales. Section 2. Every person violating any provision of this ordi¬ nance is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 3. An ordinance entitled, “An Ordinance in Relation to the Duties of Pawnbrokers, Etc,” approved June 9, 1873, is hereby repealed. Section 4. This ordinance shall mke effect immediately upon its approval. (Approved September 30, 1891. Vol. 3, p. 706.) OF THE CITY OF OAKLAND, CAL. 339 ORDINANCE NO. 1910. AN ORDINANCE PROHIBITING THE SELLING OR OFFERING FOR SALE, BUYING OR OFFERING TO BUY, ISSUING OR IN ANY MANNER DISPOSING OF, PURCHASING OR ACQUIR¬ ING, ANY INTEREST IN ANY POOL. OR IN ANY POOL- TICKET, CERTIFICATE, WRITING. OR OTHER EVIDENCE OF THE PAYMENT, ACCEPTANCE, OR DEPOSIT OF MONEY" OR OTHER THING OF VALUE. STAKED UPON THE RESULT OF ANY CONTEST BETWEEN MEN OR HORSES, AND THE MAKING OF BETS OR WAGERS ON SUCH CONTESTS, AND THE ACTING AS STAKEHOLDER OF BETS OR WAGERS ON SUCH CONTESTS, WITHIN THE CITY OF OAKLAND, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall, within the City of Oakland, sell or •offer for sale, buy or offer to buy, issue or in any manner dispose of, purchase or acquire, any interest in any pool, or in any pool-ticket, certificate, writing or other evidence of payment, acceptance or de¬ posit of money or other thing of value, staked upon the result of any ■contest between men or horses. Section 2. No person shall, within said city, make any bet or lay any wager on such a contest, or act as stakeholder of any bets or wagers laid thereon, or receive or pay over any money or article or thing of value, the possession, right of possession, ownership, or value of which has been, is, or is to be, determined by any such contest, or is, or is to be, in any way dependent upon the result thereof. Section 3. No person shall lease or rent any building, structure, room, apartment, place or premises whatever, within the City of Oak¬ land, or permit the same to be used or occupied for any of the pur¬ poses mentioned in and prohibited by this ordinance. Section 4. Every person who shall violate any of the provisions of this, ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred ($500.00) dollars, and if such fine, or any part thereof, be not paid, then by imprisonment in the City Prison at the rate of one (1) day for each two ($2.00) dollars of the fine so imposed and remain¬ ing unpaid. Section 5. Ordinance No. 1424, approved May 27, 1892, and all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 6. This ordinance shall take effect and be in force from and after its approval. (Approved June 2, 1898. Vol. 5, p. 281.) 340 GENERAL MUNICIPAL ORDINANCES ORDINANCE NO. 1462. AN ORDINANCE FOR THE REGULATION OF THE STORAGE, SALE AND CARRIAGE OF GUN POWDER, BLASTING POW¬ DER, GIANT POWDER . GUN-COTTON, NITRO-GLYCERINE, DYNAMITE, FIREWORKS AND OTHER COMBUSTIBLE OR EXPLOSIVE MATERIAL WITHIN THE LIMITS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person or persons, firm or corporation, shall keep, sell or give away, within the corporate limits of the City of Oakland, any gun powder, blasting powder, giant powder, gun-cotton, nitro-glycerine or dynamite in any quantity without first obtaining from the City Tax Collector a license therefor. Section 2. No person or persons, firm or corporation, shall store or keep for sale at his, their or its place of business, or elsewhere, within the corporate limits of the City of Oakland, a greater quantity of gun powder, blasting powder, giant powder, gun-cotton, nitro-glyeer- ine or dynamite, than fifty (50) pounds at any one time, and the same shall then be kept in tin cannisters or cases, containing not to exceed thirty pounds each, and in a situation remote from fires, lighted lamps, candles, gas or other inflammable matter, and from which situ¬ ation the same may be easily removed in case of fire. Section 3. No person or persons shall carry or convey any gun. powder, blasting powder, giant powder, gun-cotton, nitro-glycerine or dynamite exceeding fifty pounds in quantity through any street, lane, alley, highway or road within the limits of the City of Oakland in tiny cart, wagon, dray or wheelbarrow, or otherwise, unless the same be secured in tight cases or kegs, well headed and hooped and put into and entirely covered with a good, tight and substantial leather bag sufficient to prevent the same from being spilled or scattered, or unless the same is put into a well covered and perfectly water-tight box, the bottom and sides of which shall be completely covered with zinc, or unless such gun powder, blasting powder, giant powder, gun¬ cotton, nitro-glycerine or dynamite be secured in water-tight patent metallic cases or kegs. Section 4. No person or persons, firm or corporation shall store within the limits of the City of Oakland any gun powder, blasting powder, giant powder, gun-cotton, nitro-glycerine, dynamite, fire¬ works or other explosive material in any house, barn, shed, ware¬ house. magazine or other building, except in a regular store where the same is kept for sale, without the consent in writing of all the prop¬ erty owners and residents within one thousand feet of such storage, and also the permission by resolution from the Council of the City of Oakland must be obtained before any such storage can be made. / OF THE CITY OF OAKLAND, CAL. 341 Section 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be fined in a sum not exceeding one hundred dollars: and in case the fine be not paid, the person so fined shall be imprisoned in the City Prison of the City of Oakland at the rate of one day’s imprisonment for every two dollars of the fine imposed. Section 6. This ordinance shall take effect and be in full force from and after its approval. (Approved October 5, 1892. Vol. 4, p. 29<.) ORDINANCE NO. 1906. AN ORDINANCE REGULATING THE STORAGE OF KEROSENE, COAL OIL, AND ALL REFINED PRODUCTS OF CRUDE PE¬ TROLEUM. WITHIN THE LIMITS OF THE CITY OF OAK¬ LAND, AND IMPOSING A PENALTY FOR THE VIOLATION THEREOF. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person or persons, firm or corporation to keep, store or permit to be kept or stored, in oi upon any premises owned or controlled by such person, firm or cor¬ poration., within the limits of the City of Oakland, any kerosene, coal oil, or any of the refined products of crude petroleum, in larger Quan¬ tities than 1500 gallons, except in that portion of said city bounded and described as follows, to-wit: Beginning at the point of intersection of the center line of 1 eialta, street with the center line of Twentieth street, and running thence northerl^along the center line of Peralta street to the center line of Twenty-sixth street; thence westerly along the center line of Twenty- sixth street and its westerly projection to the line between Sections 21 and 22, according to Map Number 11 of the salt marsh and tide land, survey; thence southerly along the said line between Sections 21 and ’22 of the above-named survey to the center line of Twentieth street, produced westerly; thence easterly along the said westerly pro¬ jection of and the center line of Twentieth street to the place of be¬ ginning. Provided, however, that the provisions of this ordinance shall not apply to crude petroleum. Section 2. All buildings or structures to be used for the storage of kerosene, coal oil, or any of the refined products of crude petroleum, within the limits of the City of Oakland, shall be constructed of brick or stone, not to exceed one story in height, and the walls of said buildings shall not be less than sixteen (16) inches in thickness, / 34 2 GENERAL MUNICIPAL ORDINANCES and must in all respects be fireproof and devoted exclusively to the storage of kerosene, coal oil. or any of the refined products of crude petroleum, and all kerosene, coal oil, and any of the refined produces of crude petroleum, shall be kept at all times in metal cans or iron tanks. Section 3. An ordinance entitled “An Ordinance Regulating the Storage of the Refined Products of Petroleum,” approved May 19 , 1880, and an ordinance entitled “An Ordinance Regulating the Stor¬ age ot the Refined Products of Petroleum in the City of Oakland, Cal.,” approved June 4, 1891, and an ordinance entitled, “An Ordinance Regu¬ lating the Storage of Petroleum, Kerosene, Coal Oil, or the Refined Products Thereof, Within the Limits of the City of Oakland,” ap- proved June 10, 1893, and all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 4. Every person, firm or corporation violating any pro- \ ision of this ordinance shall be deemed guilty of a. misdemeanor, and upon conviction thereof may be fined in a sum not to exceed five hundied ($500.00) dollars, and in case said sum be not paid, then the person or persons so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one (1) day for every two ($2.00) dollars of the fine so imposed and remaining unpaid. Section 5. This ordinance shall take effect and be in full force on and after its passage and approval. (Approved May 19, 1898. Vol. 5, p. 274.) ORDINANCE NO. 1537. AN ORDINANCE TO REGULATE THE ENTRANCE TO AND EXIT FROM THEATERS, LECTURE ROOMS, PUBLIC HALLS AND CHURCHES, AND TO PROHIBIT THE PLACING OF CHAIRS, STOOLS, BENCHES OR OTHER OBSTACLES IN THE AISLES OF SUCH BUILDINGS. / Be it Ordained by the Council of the City of Oakland, as follows. Section 1. All buildings now erected, or to be erected in the City of Oakland, and used for public assemblages, in whole or in part, shall, for the public safety, have doors for the ingress and egress of the public to the portions so used for said assemblages so constructed that they shall open both inwardly and outwardly, and in no case shall they be constructed to open inwardly, or to slide, and all build¬ ings altered or changed for use of public assemblages, in respect to the doors therein, shall be made to conform to the provisions of till* .section. OF THE CITY OF OAKLAND, CAL. 343 The owner and the lessee of any building- used for public assem¬ blages, which does not conform to this section, shall be liable for the violation of this ordinance. Section 2. All the main aisles and passage ways in buildings used for public assemblages shall be kept free from campstools, chairs, benches, sofas or other obstructions, during any performance, service, exhibition, lecture, concert, ball or any assemblage whatever, ana all buildings hereafter erected, altered or changed, and intended for use for public assemblages, shall have the main aisle and passage way of at least twenty inches in width for every one hundred persons or parts thereof to be provided for, and no aisle or passage way shall be less than three feet six inches at the narrowest points, and every door¬ way communicating with the aisles and passage ways in the auditor¬ ium shall have a clear opening of not less than the full width of the aisles and passage ways leading to such doorway, and each door shall open outwardly. The lessee of the auditorium and the manager of the exhibition lecture, concert, ball or entertainment being held when this section is violated, shall be liable for the violation of this ordinance. The trustees or committee of the congregation or association calling, inviting or holding the services, and who have the control of the room in which such service is held when this section is violated shall be jointly and severally liable for the violation of this ordinance. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and on convic¬ tion, shall be punished by a fine of not more than one hundred ($100) dollars, or by imprisonment in the City Prison for not more than six months, or by both fine and imprisonment; and in case the fine is not paid, then by additional imprisonment of one day for every two dollars of the-fine imposed, and the continuance or maintaining of a violation of this ordinance shall be deemed a new offense for each day on which the same is so continued or maintained, and shall be punished accordingly. Section 4. This ordinance snail take effect thirty days after its passage. (Approved July 3, 1893. Vol. 4, p. 443.) ORDINANCE NO. 1978. AN ORDINANCE PROHIBITING RBRSONS FROM DEALING, PLAYING, OPENING OR CONDUCTING THE GAME OF KENO OR PERMITTING THE SAME TO BE PLAYED, CON¬ DUCTED OR CARRIED ON WITHIN THE CITY OF OAKLAND, AND PRESCRIBING A PENALTY FOR ITS VIOLATION. 344 GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared unlawful for any person to deal, play or carry on, open, or cause to be opened, or to conduct, either as owner or employe, whether for hire or not, any game of keno, or to play or bet at or against said game. Section 2. It is hereby declared unlawful for any person to know¬ ingly permit any game of keno mentioned in the preceding section to be played, conducted, carried on, or dealt in any house owned or rented by such person in whole or in part. Section 3. Every person who violates any provision of this ordi¬ nance shall be guilty of a misdemeanor, and upon conviction thereor shall be fined in a sum not less than twenty-five ($25.00) dollars, nor more than two hundred and fifty ($250.00) dollars, and if said sum be not paid shall be punished by imprisonment in the City Prison at the rate of one (1) day for each two ($2.00) dollars of the fine so im¬ posed and remaining unpaid. Section 4. This ordinance shall take effect immediately. (Approved April 18, 1899. Vol. 5, p. 368.) ORDINANCE NO. 1987. AN ORDINANCE PROHIBITING THE PUBLIC EXHIBITION OF OR OFFERING FOR PUBLIC EXHIBITION, OR KEEPING OR PLACING ACCESSIBLE TO THE PUBLIC, WITHIN THE CITY OF OAKLAND, ANY LEWD, VULGAR, OBSCENE OR LICENTIOUS PICTURE'S, AND PROHIBITING THE RENDER¬ ING OF, BY MEANS OF MECHANICAL DEVICE, ACCESSIBLE TO THE PUBLIC, ANY LEWD, VULGAR, OBSCENE OR LI¬ CENTIOUS SONG, SPEECH, JEST, MONOLOGUE, DIALOGUE OR REPRODUCTION OF THE HUMAN VOICE UTTERING IMMORAL, OBSCENE, LEWD, LICENTIOUS OR PROFANE WORDS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person, company or corporation shall exhibit pub¬ licly, or offer for public exhibition, or keep or place accessible to the public, within the City of Oakland, any lewd, vulgar, obscene or li¬ centious pictures, or keep or maintain, or place accessible to the pub¬ lic any mechanical device rendering any lewd, vulgar, obscene or li¬ centious song, speech, jest, monologue, dialogue, or any reproduction of the human voice uttering immoral, obscene, lewd, vulgar, licentious or profane words. OF THE CITY OF OAKLAND. CAL. 345 Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof, shall be punished by a fine not exceeding one hun¬ dred ($100) dollars for each offense, and in case said fine be not paid, then the person so fined shall be imprisoned in the City Prison at the rate of one (1) day for each two ($2.00) dollars of the fine so im¬ posed and remaining unpaid. Section 3. This ordinance shall take effect immediately. (Approved June 6, 1899. Vol. 5, p. 382.) ORDINANCE NO. 1540. AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED “AN ORDINANCE PROHIBITING BOYS FROM GETTING ON AND OFF RAILROAD CARS WHILE IN MOTION,” APPROVED OC¬ TOBER 5, 1880. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any boy under the age of sixteen years to get on, or attempt to get on, or to get off, or at¬ tempt to get off, from any car or train propelled either by steam, cable, horses or electricity while the said car or train is in motion, at any place in the City of Oakland. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof, shall be fined in a sum not exceeding fift> dollars, and in case the fine be not paid, shall be imprisoned in the City Jail of the City of Oakland at the rate of one day for each two dollars of the fine imposed. Section 3. This ordinance shall take effect immediately. (Approved July 19, 1893. Vol. 4, p. 447.) [Note—Although the title of this ordinance indicates an inten¬ tion to amend Ordinance No. 875, it is supplementary to it.] ORDINANCE NO. 1544. AN ORDINANCE PROVIDING FOR AND REGULATING THE RE¬ CEIVING AND WEIGHING OF SUPPLIES FURNISHED TO THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: 346 GENERAL MUNICIPAL ORDINANCES Section 1. It is hereby made the duty of the Chief of Police. Chief of the Fire Department, Superintendent of Schools, Secretary of the Board of Public- Works and City Clerk, and they and each of them are hereby directed, authorized and required to carefully weigh upon the city scales all supplies furnished to the City of Oak¬ land by weight, for use in their several departments. Section 2. Immediately upon and following- the weighing of Said supplies, the person • specified and mentioned in Section 1 of this ordinance shall make out, sign and deliver a certificate, written in ink, to the person delivering said supplies, certifying to the weight, and quantity of the supplies thus weighed. Section 3. Said certificate shall be attached to and become a part of all bills, claims or demands against the City of Oakland for sup¬ plies furnished to the City of Oakland by weight, for use ill the various departments thereof. Section 4. No bills, demands or claims against the City of Oak¬ land for supplies of the kind mentioned above shall be audited or paid unless the certificate provided for above be attached to said bill, claim or demand. Section 5. All ordinances or parts of ordinances in conflict here¬ with are hereby repealed. Section 6. This ordinance shall take effect and be in full force from and after its passage and approval. (Approved July 27, 1893. Vol. 4, p. 452.) ORDINANCE NO. 1604. AN ORDINANCE PROHIBITING PERSONS FROM BECOMING IN¬ MATES OF OR VISITORS TO ANY OFFICE, ROOM, ETC., FOR THE SALE OR PREPARATION OF LOTTERY TICKETS, OR FOR THE DRAWING OF ANY LOTTERY, ETC. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person within the limits of the City of Oakland to become an inmate of, or visitor to, or in any manner contribute to the support of any office, room or place, where any lottery is or is about to be contrived, prepared, set up, pro¬ posed or drawn; any office, room or place for the sale of or for regis¬ tering the number of any ticket in any lottery; or to knowingly let or underlet, or transfer the possession of, for use of any person, for any of said purposes; or to permit any premises to be occupied or used by any persons for any of said purposes after he shall have notice of such occupation or use. OF THE CITY OF OAKLAND, CAL. 347 Section 2. Any person violating .any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and on conviction thereof be punished by a fine not exceeding five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Section 3. All ordinances and parts of ordinances in conflict here- w ith are hereby repealed. Section 4. This ordinance shall take effect and be in full force from and after its approval. (Approved April 23, 1894. Vol. 4, p. 551.) ORDINANCE NO. 1605. AN ORDINANCE PROHIBITING PERSONS FROM HAVING IN THEIR POSSESSION LOTTERY TICKETS OR ANY TOOLS OR INSTRUMENTS USED OR INTENDED TO BE USED IN MAK¬ ING SAID TICKETS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person to have in his possession, unless it be shown that such possession is innocent, or for a lawful purpose, any lottery ticket, tickets, certificates, paper or instrument purporting or representing, or understood to be, or to represent any ticket, chance, share or interest in or depending upon the event of any lottery, tool, instrument, stamp or device used or in¬ tended to be used in or for contriving, setting up. preparing or draw¬ ing any lottery, or used or intended to be used in or for contriving, preparing, making, writing, printing, stamping or getting ready for sale or distribution any lottery ticket or tickets. Section 2. Every person found in any room, office or apartment, or place where any of such articles above enumerated are discovered shall, unless the contrary appears, be deemed to have possession of the same. Section 3. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and on conviction thereof be punished by a fine not to exceed five hundred dollars, or by im¬ prisonment for not more than six months, or by both such fine and imprisonment. Section 4. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. Section 5. This ordinance shall take effect and be of full force from and after its approval. (Approved April 23, 1894. Vol. 4, p. 553.) * 348 GENERAL MUNICIPAL ORDINANCES ORDINANCE NO. 1874. AN ORDINANCE PROHIBITING- THE OFFERING. SELLING. OR GIVING AWAY, AS AN INDUCEMENT FOR THE PURCHASE OF GOODS, ANY TICKET, STAMP, COUPON, OR THING EN¬ TITLING THE HOLDER TO ANY GIFT. REWARD OR PRIZE, OR TO A CHANCE TO OBTAIN A GIFT. REWARD OR PRIZE. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person, firm or corporation shall sell or give away, or offer to sell, or give away, as an inducement for the purchase of goods, wares or merchandise, any ticket, stamp, coupon, writing or thing, entitling- the holder thereof to any gift, reward or prize, or to a chance to obtain any gift, reward or prize. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be punished by a fine of not to exceed one hun¬ dred ($100.00) dollars, and in default of payment of said fine or any portion thereof, shall be imprisoned in the City Prison at the rate of one (1) day for each two ($2.00) dollars thereof remaining unpaid. Section 3. • This ordinance shall take effect from its passage and approval. (Approved March 1, 1898. Vol. 5, p. 237.) ORDINANCE NO. 1672. AN ORDINANCE TO REGULATE THE HOURS FOR KEEPING OPEN OF LIQUOR SALOONS, BARS, STORES, DRAM SHOPS. TIPPLING PLACES, STANDS AND ALL PLACES WITHIN THE CITY OF OAKLAND WHERE SPIRITUOUS, MALT OR FER¬ MENTED LIQUORS OR WINES, OR ANY ADMIXTURE THERE¬ OF ARE SOLD OR GIVEN AWAY. « Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful, after the passage of this ordinance, to keep open within the limits of the City of Oakland, between the hours of twelve o’clock midnight, and five o’clock a. m., any liquor saloon, bar, store, dram shop, tippling place, stand or any place where spirituous, malt or fermented liquors or wines, or any admixture thereof are sold or given away; or to sell or give away any spirituous, malt or fermented liquors or wines or any admixture thereof, be- OF THE CITY OF OAKLAND. CAL. 349 tween the hours of midnight and five o'clock a. m., in any liquor saloon, bar, store, dram shop, tippling place, stand or any place where spirituous, malt or fermented liquors or wines, or any admixture thereof are sold or given awayj provided, hove\er, that this ordinance shall not be construed to prevent the sale of alcoholic liquors in a drug store for medicinal purposes. Section 2. Any person violating any of the provisions of Section 1 of this ordinance shall be deemed, guilty of a misdemeanor, and shall, upon conviction, be punished by a fine not to exceed one hun¬ dred dollars, and in case the said fine be not paid, then the person oi persons so fined may be imprisoned in the City Jail at the rate of one day for every tv r o dollars of the fine so imposed. Section 3. An ordinance of the City of Oakland, entitled “An Ordinance to Regulate the Hours for Keeping Open of Bars, Liquor Saloons, and All Places Within the City of Oakland Where Spirit¬ uous, Malt or Fermented Liquors or Wines are Sold in less Quan¬ tities Than One Quart,” passed November 9th A. D 1874, and approved November 9, 1874, is hereby repealed. Section 4. This ordinance shall take effect and be in force on and after its approval. (Approved March 21, 1895. Vol. 4, p. 671.) ORDINANCE NO. 1691. AN ORDINANCE RESTRICTING THE EXPLODING OF CHINA BOMBS AND SIMILAR EXPLOSIVES WITHIN THE LIMITS OF THE CITY OF OAKLAND, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Bp it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared unlawful for any person to cause to explode any China bomb or other package charged with a like quan'titv of pov T der in any street within the fire limits of this city, or on any sidewalk within the limits of the City of Oakland. Section 2. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to and pay a fine not exceeding one hundied dollars. case the fine so imposed be not paid such guilty peison shall be imprisoned in the City Prison at. the rate of one day for each $2 of the fine so imposed and unpaid. Section 3. All ordinances and parts of ordinances in conflict here¬ with are hereby repealed. Section 4. This ordinance shall take effect upon its approval. (Approved July 2, 1895. Vol. 4, p. 697.) 350 GENERAL MUNICIPAL ORDINANCES ORDINANCE NO. 1708. AN ORDINANCE TO PROHIBIT THE DEFACING OF SIDEWALKS BY ADVERTISING NOTICES OR SIGNS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared unlawful for any person or per¬ sons to stick, stamp, paint or otherwise affix, or cause to be stuck, stamped, painted or otherwise affixed, any bill, poster, notice, ad¬ vertisement, or sign, upon any sidewalk in the City of Oakland. Section 2. Any person violating- this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not exceeding one hundred dollars, and in case such fine be not paid, then the person or persons so fined may be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 3. This ordinance shall take effect immediately upon its passage and approval. (Approved November 2, 1895. Vol. 5, p. 4.) [Note—See Ordinance No. 932.] l ORDINANCE NO. 1724. AN ORDINANCE TO PROTECT THE PARKS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any person to trespass upon the grass of the city parks, or to pick flowers from the same, or in any way to damage the trees, floral beds, buildings, benches, seats, fountains or any fixtures connected therewith. Tramps and disorderly crowds are not allowed upon the grounds. Sleeping- on the benches or seats, and pilfering or vandalism of any sort is strictly prohibited. Section 2. Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not exceeding- one hundred ($100.00) dollars, and in case the fine be not paid, the person so fined shall be imprisoned in the City Prison until the fine is satisfied at the rate of one (1) day for every two ($2) dollars of the fine imposed. Section 3. This ordinance shall take effect and be in full force and effect on and after its approval. (Approved January 24, 1896. Vol. 5, p. 23.) OF THE CITY OF OAKLAND, CAL. 351 ORDINANCE NO. 1738. AN ORDINANCE GRANTING TO PIEDMONT SANITARY DIS¬ TRICT, A MUNICIPAL CORPORATION, THE RIGHT TO CON¬ NECT THE SEWER SYSTEM (TO BE CONSTRUCTED BY SAID SANITARY DISTRICT) AT THE NORTHERN BOUNDARY LINE OF THE CITY OF OAKLAND WITH THE SEWER TO BE CON¬ STRUCTED BY SAID CITY OF OAKLAND, IN STREETS KNOWN AS PLEASANT VALLEY AVENUE AND LAKE AVE¬ NUE, AND PRESCRIBING THE TERM FOR WHICH AND THE CONDITIONS UPON WHICH SUCH RIGHT MAY BE USED. Be it Ordained by the Council of the City of Oakland, as follows: Section*1. Whereas, the Piedmont Sanitary District, a municipal corporation, is about to construct a sewer system in said district, and has petitioned this Council for permission to connect said system with the sewer now constructed on. the east side of Lake Merrit, in the City of Oakland, and known as the East Side Sewer, such con¬ nection to be made at the northern boundary line of the City of Oak¬ land and with the sewer to be ordered to be constructed bj the Oit> of Oakland, in the streets known as Pleasant Valley avenue and Lake avenue and, Whereas, in consideration of said right being granted, said Pied¬ mont Sanitary District agrees to pay to the City of Oakland the sum of $5000, and observe and perform the provisions and covenants here¬ inafter mentioned. Therefore, Be it ordained that said Piedmont Sanitary District be, and it is hereby granted the right to make the conection above mentioned, upon the terms and conditions specified in Section 2 hereof. Section 2. Said sum of $5000 shall be paid before the connec¬ tion above mentioned is made. Said Piedmont Sanitary District shall construct according to plans, line and grade of the City Engineer of the City of Oakland and to the satisfaction of the Superintendent of Streets of the City of Oakland, a 16-inch vitrified ironstone pipe sewer from Lake avenue to the sewer in Lake Shore avenue and shall not connect catch basins with the sewer to be constructed by said sanitary district in its own district. The right hereby granted shall continue for six years, and for such longer period of time as the sewer now constructed along the east side of Lake Merritt and known as the East Side Sewer shall, in the judgment of this Council, be of sufficient capacity to carry the sewage of said sanitary district and the drainage of the district tribu¬ tary to said Second Avenue Sewer, situated within the limits of the City of Oakland, the exercise of which judgment shall be conclusive. 352 GENERAL MUNICIPAL ORDINANCES This Council shall cause to be constructed a sewer along said Pleasant, avenue and Lake avenue, from a point distant southerly about feet from the southerly line of Perry street to the northern bound¬ ary line of the City of Oakland, and shall have the same completed and ready for use within ninety days after the time when the connec¬ tion of the sewer of said sanitary district is ready to be made. Said sewer to be constructed shall be of 12, 14 and 16 inch vitrified iron¬ stone pipe, according to plans submitted by the City Engineer of the City of Oakland. Section 3. In the event that said Piedmont Sanitary District shall violate any of the provisions of this ordinance, the City Council shall declare all rights and privileges granted hereby terminated and the connection herein provided for shall be severed and discontinued. Section 4. This ordinance shall take effect immediately upon its passage and approval. (Approved March 20, 1896. Vol. 5, p. 40.) ORDINANCE NO. 2063. AN ORDINANCE GRANTING PERMISSION TO THE TOWN OF EMERYVILLE TO CONNECT CERTAIN SEWERS OF SAID TOWN WITH THE SEWERS OF THE CITY OF OAKLAND UP¬ ON CERTAIN CONDITIONS HEREIN SET FORTH. Be it Ordained by the Council of the City of Oakland, as follows. Section 1. Whereas, application has been made by the Town of Emeryville for permission to connect certain sewers of said town with the sewers of the City of. Oakland, and Whereas, in consideration of the City of Oakland granting such permission, the said Town of Emeryville agrees to grant to the City of Oakland a right of way, or rights of way, for the construction of and permission to construct an outlet sewer or sewers for the City of Oakland through and along those certain streets of said town as are laid down and delineated upon that certain map or plan hereinafter referred to, said streets being Adeline, Watts and Yerba Buena ave¬ nue; also to grant to said City of Oakland permission to connect cer¬ tain of its sewers with those sewers of said town east of Adeline street, as hereinafter set forth; and Whereas, it appears to be to the mutual advantage of the City of Oakland and said Town of Emeryville to grant said permission and said rights of way, it is therefore hereby ordained: That permission be and is hereby granted to the Town of Emery¬ ville to connect certain of its sewers with the sewers of the City of Oakland upon the following conditions, to-wit: OF THE CITY OF OAKLAND, CAL. 353 (a) Only such sewers of said town shall be connected with the sewers of the City of Oakland as are or hereafter may be constructed within that portion of said town that is shown and indicated in blue color upon that certain map or plan entitled: •Map of the Town ol E meryville, showing streets along which rights of way are granted bv said town for outlet sewers for City of Oakland. Area shaded in blue is to be sewered into Oakland sewers. Compiled July, 1900, by Thos. N Badger. Town Engineer of the Town of Emeryville. Ap¬ proved by R. M. Clement, City Engineer of Oakland, Cal.: Thos. N. Badger. Town Engineer of the Town of Emery\ille. Filed in the office of the City Clerk of the City of Oakland, August 16, 1900.” (b) Said connections shall be made with the sewers of the C ity of Oakland under the same rules and regulations as may from time to time be in force within the City of Oakland for connecting small and private sewers with outlet or main sewers. (c) The City Council reserves the right to cut off and discon nect any and all of said connecting sewers from said town, if at any time the said town shall fail to comply with the conditions of this oidinance, or if. in the judgment of said City Council, the sewers i the City of Oakland, with which said connections are made, are in¬ adequate by reason of the sewage coming from said Town of Em¬ eryville, to meet the requirements of the residents of the 1 1 Oakland, using said sewers. (d) No connection of sewers from the Town of Emeryville shall be made with the sewers of the City of Oakland until a.ter sa.d Town of Emeryville has duly and legally granted a right of way or nguts of wav for the construction of and permission to construct through said town as hereinbefore set forth, an outlet sewer or sewers tor the City of Oakland; also permission to connect those certain seweis hereafter to be constructed within that portion of said city bounded northerly by Temescal creek, easterly by Market street, and sout erly by Thirty-sixth street, with such sewers of said Town o m- eryville as are or may hereafter be constructed within that pornon said town lying east of Adeline street; such grant and Permission upon the part of the Town of Emeryville shall be free from all con¬ ditions, except such as are herein specified and if at any time the Town of Emeryville should prevent or in any w mtei eie wi 1 use and enjoyment of such rights of way or such permission, the City or Oakland shall cut off and disconnect any and all sewers connected from the Town of Emeryville with the sewers of the City of Oakland. Section 2. Pending the construction by the City of Oakland of the proposed outlet sewer or sewers through said Town of Emeiw - ville the said Town of Emeryville is hereby granted permission to connect any of its branch or connecting sewers wth.n satd area shaded blue with the existing sewers of said City of Oahland under such regu- la lions and restrictions as may be imposed by the Sanitary spector and Superintendents of Streets of said city. 354 GENERAL MUNICIPAL ORDINANCES Section 3. This ordinance shall take effect immediately. (Approved September 14, 1900. Voi. 5, p. 498.) [Note—The right of way to which reference is made in Sub¬ division D of the foregoing- ordinance was granted by the Town of Emeryville by Ordinance No. 43 of that town.] ORDINANCE NO. 1766. AN ORDINANCE TO PREVENT THE PROPAGATION OF THE SCOTCH OR CANADA THISTLE IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person owning or possess¬ ing land in the City of Oakland to permit the Scotch or Canada thistle to mature and disseminate its seed on land so owned or pos¬ sessed by such person. Section 2. It shall be unlawful for any person to knowingly sow or disseminate any seed of the Scotch or Canada thistle upon any land owned or possessed by another. Section 3. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed one hundred dollars, and in case such fine be not paid, then by imprisonment at the rate of one day for every two dollars of the fine so imposed. Section 4. This ordinance shall be in full force and effect from and after its passage and approval. (Approved September 30, 1896. Vol. 5, p. 86.) ORDINANCE NO. 1812. AN ORDINANCE TO REGULATE SWIMMING AND BATHING WITHIN THE CITY LIMITS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any person to bathe or swim in the waters of Lake Merritt within the City of Oakland. Section 2. It shall be unlawful for any person to bathe or swim in the waters of the estuary of San Antonio (commonly called Oak- OF THE CITY OF OAKLAND, CAL. 355 land Harbor) or any of the waters tributary thereto within the limits of the City of Oakland unless clad in a bathing suit. Section 3. A bathing suit under this ordinance shall be as.follows: For minors under 12 years of age, a pair of trunks reaching fiom the waist to the thighs. For all persons over 12 years of age, trunks as aforesaid, and a shire or jersey worn over the tilinks and covering all the upper part of the body except the head and aims. Oi a com¬ bination suit or a single garment, covering the body fiom the thigh to the neck as hereinbefore described, may be worn; but all suits shall be made of such material, texture and color as to leave no suggestion or nudity' or indecent exposure of person. Section 4. It shall be unlawful for any person to disrobe for the purpose of bathing or swimming as aforessaid, except under the shelter of a house, tent or shed reasonably protected from observation of the public. Section 5. Any person who violates this oi dinance shall be deemed guilty of a misdemeanor, and upon conviction theieof shal. be fined in a sum not exceeding one hundred dollars, and in case said fine be not paid, then the person or persons so fined may be im¬ prisoned in the City Prison of the City of Oakland at the rate of one (jay for each two dollars of the fine so imposed and remaining unpaid. Section 6. Ordinance No. 1722, being “An Ordinance to Regu¬ late Swimming and Bathing Within the City Limits of the City of Oakland,” and all other ordinances and parts of ordinances in con¬ flict with this ordinance are hereby' repealed. Section 7. This ordinance shall take effect and be in full force immediately' upon its passage and approval. (Approved July 2, 1S97. Vol. 5, p. 150.) ORDINANCE NO. 1817. AN ORDINANCE PROHIBITING ANY PERSON FROM WEARING HATS AND HEAD COVERING IN THEATERS AND PLACES OF AMUSEMENT DURING THE PERFORMANCE. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall wear any hat or bonnet or other head covering within any' licensed theater in the City of Oakland during the rendition of any programme on the stage or platform of the said theater, but every such hat, bonnet or other head covering shall be removed from the head by the person wearing the same during the time of performance in said theater, or during the rendition of the 35 6 GENERAL MUNICIPAL ORDINANCES programme on the stage or platform of said theater; provided, how¬ ever, that the above inhibition shall not be held to include skull caps, lace coverings or other small or closely fitting head-dress or covering which does not interfere with or obstruct the view of the stage or platform of such theater of persons in the rear of such wearers while in such theater. Section 2. No person, firm or corporation, having the lease, man¬ agement, or control of any licensed theater shall permit any person, during the time of performance in such theater or during the ren¬ dition of any programme on the stage or platform of said theater, to wear any hat, bonnet or covering for the head contrary to the pro¬ visions of Section 1 of this ordinance; and every person, firm or cor¬ poration having the lease, management or control of any licensed theater shall give notice of the provisions of this ordinance by dis¬ tributing, or causing to be distributed, at or before the commence¬ ment of such performance, or the rendition of such programme, gen¬ erally, among those present thereat, notices of said ordinance printed or otherwise published on cards, hand bills or other devices, or in a conspicuous portion of the programme. Section 3. Any person who shall violate the provisions of Sec¬ tion 2 of this ordinance shall be guilty of a misdemeanor, and, upon conviction, shall be punishable by a fine not less than $10 nor more than $25, or by imprisonment in the City Prison at the rate of one day for every two dollars of the fine so imposed and remaining unpaid. Section 4. This ordinance shall take effect immediately. (Approved July 23, 1897. Vol. 5, p. 159.) ORDINANCE NO. 1828. AN ORDINANCE TO REGULATE THE HIRING AND USE OF BOATS IN LAKE MERRIT AND THAT PORTION OP THE ESTUARY OF SAN ANTONIO OR OAKLAND HARBOR WITH¬ IN THE LIMITS OF THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It is hereby declared to be unlawful for any boy or girl under sixteen (16) years of age to hire a boat or other water craft, to be used upon the waters of Lake Merritt and that portion of the estuary of San Antonio or Oakland Harbor, within the limits of the City of Oakland, unless such boy or girl be accompanied by his or her parent or guardian or an adult person. / OP THE CITY OF OAKLAND, CAL. 357 Section 2. It is hereby declared to be unlawful for any person to rent any boat, or other water craft, to any boy or §iil undei six¬ teen years of age to be used, unless accompanied by such parent or guardian or an adult person. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be punished by a fine not exceeding twenty ($20.00) dollars, and in case the fine be not paid, the pei son so fined shall be imprisoned in the City Prison until said fine is satisfied at the rate of one (1) day for every two ($2) dollars of the fine so im¬ posed. Section 4. This ordinance shall take effect immediately. (Approved September 28, 1897. Vol. 5, p. 1<2.) ORDINANCE NO. 2033 . AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARY LINES OF LAKE MERRITT, AND ALSO OF THE PARK ADJACENT TO SAID LAKE, BETWEEN EIGHTH AND TWELFTH STREETS, AND APPROPRIATING ELEVEN HUNDRED ($1100) DOLLARS FROM THE PARK AND BOULEVARD FUND OF THE FISCAL YEAR 1900-1901 FOR THAT PURPOSE. Be it Ordained by the Council of the City of Oakland, as follows. Section 1. Whereas, it is deemed for the best interests of the City of Oakland that the boundary lines of the water park known as Lake Merritt, and also of the park adjacent to said lake, between Eighth and Twelfth streets, be definitely determined and established, and that thereafter permanent monuments showing such boundary lines be set at convenient distances; and, Whereas, the said work is deemed of sufficient importance to jus¬ tify the employment of three civil engineers to act in conjunction with the City Engineer in determining and establishing said lines; and, Whereas, G. F. Allardt, T. W. Morgan and M. K. Miller have offered in writing, now on file with this Council in the City Clerks office, to perform said service for the sum of eleven hundred ($1100) dollars, payable when the work is completed to the satisfaction of this City \ 35 8 GENERAL MUNICIPAL ORDINANCES Council, the same to be compensation in full for all services performed, ’ and for all expenses incurred by them in connection with said work, including all field and office work, maps, temporary monuments and all services and expenses of every character connected with the estab- w 1 lishment of said boundaries; it is therefore hereby ordained ’ That said offer be, and the same is, hereby accepted, and the said G. F. Allardt, T. W. Morgan and M. K. Miller are hereby ap¬ pointed for said purpose. Section 2. It shall be the duty of said appointees, on or before the 2d day of July, 1900, to report to the City Council the exact loca¬ tion of the said boundary lines, giving accurate and definite descrip¬ tions thereof, by courses and distances, and to place at convenient, distances, conspicuous temporary monuments showing the location of said lines. Section 3. Nothing contained in said report shall be construed as binding upon the city, nor shall the lines determined by said en¬ gineers be construed as the boundary lines of said properties, until the same shall have been confirmed and established by ordinance. Section 4. The sum of eleven hundred ($1100) dollars is hereby appropriated from the Park and Boulevard Fund of the fiscal year 1900-1901 for the purposes of this ordinance, and the City Auditor is hereby directed to draw a warrant in favor of said G. F. Allardt for three hundred and sixty-six and two-thirds ($366 2-3) dollars, and in favor of said T. W. Morgan for three hundred and sixty-six and two- thirds ($366 2-3) dollars, and in favor of said M. K. Miller for three hundred and sixty-six and two-thirds ($366 2-3) dollars, upon pre¬ sentation to him, by them, of demands for said sums, duly approved by this Council, and the City Treasurer is hereby directed to pay the - -■* same. Section 5. This ordinance shall take effect immediately. [Passed by the Council over Mayor’s veto April 16, 1900. Vol. 5, p. 455.] ». — ■ ORDINANCE NO. 2136. __ 1 AN ORDINANCE REGULATING THE DRIVING OR USE OF AU¬ TOMOBILES AND OTHER MOTOR VEHICLES WHICH ARE PROPELLED BY STEAM, ELECTRICITY, GASOLINE OR OTH¬ ER SOURCE OF POWER, UPON THE PUBLIC STREETS AND PUBLIC PLACES WITHIN THE CORPORATE LIMITS OF THE CITY OF OAKLAND. AND PROVIDING FOR THEIR EQUIP¬ MENT WITH SUITABLE BRAKES, SIGNALS AND LAMPS OR LIGHTS. \ \ OF THE CITY OF OAKLAND, CAL. 359 Be it Ordained by the Council of the City of Oakland, as follows: Section 1. No person shall be allowed to drive or run any auto¬ mobile or other motor vehicle propelled by steam, electricity, gasoline or other source of power upon the public streets or other public places within the limits of the City of Oakland save in accordance with the provisions of this ordinance. Scetion 2. Every automobile or other motor vehicle while being propelled or iun in said City of Oakland shall be provided with good and sufficient brakes, with a suitable bell, horn or other signal and must exhibit, during the period from one hour after sunset to one hour before sunrise, one lamp in front of said vehicle or a lamp at each side, said lamp or lamps showing white lights, visible within a rea¬ sonable distance in the direction in which said vehicle is proceeding. Section 3. No person shall drive or run an automobile or other motor vehicle on any public street or in any public place within the corporate limits of the City of Oakland at a greater rate of speed than 8 miles per hour. Section 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con¬ viction thereof shall be punished by a fine not exceeding $50, and in case said fine is not paid, then the person so fined shall be imprisoned in the City Prison of the City of Oakland at the rate of one day for every two dollars of the fine so imposed. Section 5. This ordinance shall take effect and be in force from and after the date of its passage and approval. (Approved May 23, 1902. Yol. 5, p. 654.) ORDINANCE NO. 2185. AN ORDINANCE PROVIDING FOR THE PAYMENT INTO THE TREASURY OF THE CITY OF OAKLAND OF ALL BAIL MONEYS OR BALANCE OF BAIL MONEYS REMITTED J3Y THE JUDGE OF THE POLICE COURT , WHICH ARE NOT CALLED FOR, ANI) ALSO PROVIDING FOR THE PAYMENT OF SUCH MONEYS FROM THE SAID TREASURY. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. All bail moneys and balance of bail moneys in the possession of the Bailiff of the Police Court which have been 1 emitted by the Judge of the Police Court and which are not called for shall be paid into the City Treasury of the City of Oakland by the Bailiff of the Police Court immediately upon the expiration of a period of six 360 GENERAL MUNICIPAL ORDINANCES months from the last day of the month in which the final disposition of the case or cases from which said bail moneys come, is made by the said Police Court. Section 2. All such moneys so paid into the City Treasury of the City of Oakland, as provided in Section 1 of this ordinance, shall be paid out of said City Treasury upon requisitions made by the Judge of the Police Court in favor of the person entitled to receive any of such money, such requisitions to be approved by the Mayor; and the Auditor of the City of Oakland is hereby authorized and directed to draw his warrants for any such moneys upon the presentation to him of such requisitions so approved by the Mayor, and the Treasurer of said City is hereby authorized and directed to pay such warrants when presented to him for payment. Section 3. The provisions of this ordinance shall apply to all moneys now in the hands of the Bailiff of the Police Court, of the class herein designated and to all such moneys as shall hereafter come into the hands of said Bailiff of the Police Court. Section 4. All moneys so paid into the Treasury of the City of Oakland, as provided in this ordinance, shall be applied to the general fund of said Treasury and all moneys paid out of said Treasury, as pro¬ vided in this ordinance, shall be paid out of the said general fund of said Treasury. Section 5. Ordinance No. 2168, entitled “An Ordinance Providing for the payment into the Treasury of the City of Oakland of all bail moneys or balance of bail moneys remitted by the Judge of the Po¬ lice Court which are not called for,” passed by the City Council of the City of Oakland on the 3d day of November, 1902, and approved by the Mayor of said city on the 6th day of November, 1902, and all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 6. This ordinance shall take effect and be in full force from and after the date of its passage and approval. (Approved February 18, 1903. Vol. 6, p. 47.) ORDINANCE NO. 2208. AN ORDINANCE REGULATING PROFESSIONAL AND AMATEUR SPARRING EXHIBITIONS AND PROVIDING FOR LICENSING THE SAME IN THE CITY OF OAKLAND. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Any athletic club incorporated under the laws of the State of California may, upon complying with all the provisions of this 3 6 i OF THE CITY OF OAKLAND. CAL. ordinance, and obtaining a permit as herein provided, give profes¬ sional or amateur sparring exhibitions. Section 2. Any such club which shall desire to give professional or amateur sparring exhibitions, or both, must first file with the Board of Police and Fire Commissioners an application, duly verified by the president or managing officer of such athletic club, and said application shall state as follows: That the club is incorporated under the laws of the State of California, and has its principal place of business in the City of Oakland; that said incorporated club is and has been for over one year immediately preceding the date of the said application, the owner of or lessee of premises and club rooms in the City of Oakland, where all its meetings are held, and that it is proposed to conduct the sparring exhibitions named in such appli¬ cation in its said rooms; the number of rounds of said exhibition, which shall not exceed in any event fifteen; the size of gloves to be worn, which shall not be less than five ounces each in weight; the time and place at which said exhibition is to be held. Section 3. For the purposes of ths ordinance, all sparring exhibi¬ tions of more than four rounds shall be known as professional ex¬ hibitions, and those not exceeding four rounds shall be known as amateur exhibitions, and each round shall not be of greater duration than four minutes. Section 4. The Board of Police and Fire Commissioners shall, upon receiving and filing said application, make such investigation concerning said application and club as the said Board shall deem proper, and said Board may in its discretion grant to said club per¬ mission to give said sparring exhibitions, and an officer of the Po¬ lice Department shall be present at such sparring exhibitions. Section 5. Before permission to hold any professional and amateur or professional exhibition is granted and permit therefor issued, the club desiring to give or conduct professional and amateur or profes¬ sional sparring exhibitions, shall pay into the office of the City Tax Collector the sum of one hundred dollars as annual license, and the club desiring to give or conduct only amateur sparring exhibitions shall pay into the office of the City Tax Collector an annual license of twen¬ ty-five dollars. Section 6. A certificate from some licensed physician must be delivered by said club to the Chief of Police within one hour previous to said exhibition, and said certificate shall set forth that the prin¬ cipals in said professional or amateur sparring exhibitions are in per¬ fect physical condition. Section 7. This ordinance shall take effect and be in force from and after its passage. (Approved August 10, 1903. Vol. 6, p. 96.) 362 GENERAL MUNICIPAL ORDINANCES CHAPTER XIII. INDEXES TO SIDEWALK, GRADE, FRANCHISE AND OTHER ORDINANCES. I—GRADE ORDINANCES. Street or Avenue. Vol. Page. Generally, within old city limits. 1 . Generally, amendment ... 2..... East Oakland, generally .2. East Oakland, generally .6. Annexed District, generally .5. (See also Town of Brooklyn Ordinance Book, pp. 39 and 135.) 387 490 756 130 479 Note—For amendments as to particular streets and portions there¬ of, see ordinances indexed below. Numbered Streets. First street . Twelfth street . Twelfth street . Thirteenth street . Fourteenth street . Fifteenth street . Sixteenth street . Seventeenth street . . Eighteenth street . Eighteenth street . Nineteenth street . Twenty-second or Walnut street Twenty-third or Locust street . . Twenty-fourth or Elm street Twenty-ninth or Prospect street Thirtieth street . Thirty-first street . Thirty-second street . Thirty-third street . Vol. .3.. .5.. . 6 . . .5. . . 6 . . 3. . 3. . . 6 . . 4. . 5. . . 6 . . . 6 . . .4. . .3. . .3. . 3 . . 4. . 3 . . 3.. .5. . .5. . .3. . . 3 . . 3 . . 4.. Page. ... 27 ,. .678 . . . 99 . .222 .. . 99 , ..545 . .618 .. . 99 ,..629 . .451 . . 99 . .129 . .252 . .382 . .511 . .367 . .149 . .402 . .474 . .329 . .243 . .553 . .550 . .351 . .505 OF 3 % \ THE CITY OF OAKLAND, CAL Street or Avenue. Thirty-fourth street .. Thirty-fifth or Walton street Thirty-sixth street . Thirty-seventh street . Thirty-eighth street . Numbered Streets—East. East Eighth street . East Ninth street . East Tenth street . East Eleventh street . East Twelfth street . East Fourteenth street East Fifteenth street . East Sixteenth street vast Seventeenth street East Eighteenth street East Nineteenth street East Twentieth street East Twenty-first street East Twenty-second street Vol. .5. . .3. . .5. . .5. . .5. . . .5 . .3 . .3 . .3 3 4 6 I 6 . .3 3 4 3 3 3 3 4 4 3 5 5 5 3 3 3 5 5 5 5 3 3 I 4 I 5 5 6 3 3 5 5 5. 5. 3. 3 4 4. 4. 4. 4. 5. Page. , ..204 ... .068 . ..259 , ..259 . .259 19 561 561 561 619 639 100 111 470 643 687 553 617 720 264 483 615 553 166 279 4S1 310 453 553 245 376 366 649 , ...258 , . . .553 . . . .715 .... 17 . .622 . .. .103 . . . .553 ....623 ....102 . ...118 ...117 ...426 ...331 .. .528 , . . . 11 . . .343 ... 5 . . .182 .. .569 ...531 East Twenty-third street 364 GENERAL MUNICIPAL ORDINANCES Street or Avenue. TTnat Tw^ritv-fniirth street . Vol. Page. 3.460 3 .501 4 . 5 Bast Twenty-fifth street . TTnst Twpntv-siYth street . 5. 60 5.647 .4. 5 Bast Twentv-seventh street . 4. 5 4.691 2.765 4.327 4.700 East Twenty-eighth street (or Silver avenue). East Thirtieth (or Edward street) . Numbered Avenues. Second avenue . Third avenue . 5. 19 5.109 .5.289 Fourth avenue .. 3.621 5.145 R_ £R 1 Eighth avenue .3.258 Ninth avenue .. 2 _ £70 Tenth avenue . Eleventh avenue . 4 .350 5 .128 Twelfth avenue . !, ^.290 | 4.667 Twelfth avenue ..R qfifi Thirteenth avenue . Fourteenth avenue . 2 .761 3 .455 3 .470 4 RfiR Fifteenth avenue.. 3.470 6 .131 5.604 Sixteenth avenue . 5.607 Eighteenth avenue . r u«. Nineteenth avenue. 3.263 2 9R4 Twentieth avenue . 5.602 Twenty-first avenue . 3 .264 4 .151 4 RQ A Twenty-second avenue . ^.oyu 6 .Ill 6 .142 Twenty-third avenue . q Twenty-fourth avenue . 3.553 3 .561 4 CA 1 Twenty-five avenue . 5.268 5.457 Twenty-sixth avenue .. . 3 rgt Twenty-seventh avenue . 3 eg-. Twenty-eight avenue . , q OF THE CITY OF OAKLAND, CAL. 3 6 i s \ L\ Named Streets. Academy Place . Adams street . Adeline street . Andover street. Avon Place . “B” street . Boulevard, portion of. Boulevard Place . Bay Place . Broadway street . Brockhurst street . Brush street . Cameron street .. Castro street... Center street. Clay street . Chestnut street . Chetwood street . College avenue. Commerce street (so-called.... Crescent street . Dennison street . Edward or East Thirtieth street Edwards street . Elliot street . Elm or Twenty-fourth street Ettie street . Fallon street . Filbert street . Fountainbleau street Franklin street . Frederick, street . .. Goss street . Grant street . Grove street . Hamilton Place Hannah street . Harrison street . Harlan street . Haven street . Hellen street . Vol. Page. 5 5 3 3 4 4 6 4 4 5 110 198 483 458 329 662 254 70 385 679 610 3.331 5.267 5.402 3. 27 3.616 3. 27 3.429 3. 27 3.476 3.755 5_110.288 3.470 5.466 5.- U o 3 . 561 3.650 3.45S 5. 8 3.367 3.402 3 .474 4 .149 5 .438 429 5.126 5.60S 3.. . .578 5.457 3.331 3.350 3 .561 4 .486 4. 11 3 . 27 4 .469 3.429 5 .273 3.429 3.429 3.429 5.322 Hobart street .2.243 Hollis street .3.429 Hopkins street .5. 34 Howard street .4.388 366 GENERAL MUNICIPAL ORDINANCES Street or Avenue. Jefferson street . Kennedy street . King street . Lee street . Lincoln street . Linden street . Livingston street . Locust or Twenty-third street Louise street . Market street . Morrison place. Oak street (Lake View Tract) Orange street . Orchard street . Perkins street . Perry street Pine street . •Shellmound street . Sherman street .. Spring street . Spruce street . Summer street . Summit street . Taylor Terrace . Union street (confluence Fourteenth avenue) Valdez street . Valdez street (East Oakland). Vellecito Place . Vernon street . Vernon street . Walnut or Twenty-second street. Walton or Thirty-fifth street. Washington street . Waverly street . Webster street . West street . Willow street . Winter street . Vol. .3. . . .3 4 5 . .4 . .3 . .3 . .3 . .3 . .5 . .4 . .4 . .3 3 4 . .5 I 3 | 3 [ 3 3 I 4 | 4 . .4 . .3 . .5 . .5 . .4 . .5 , .3 .5 . .3 . .5 . .3 3 4 . .3 . .3 . .3 .3 I 3 I 3 . .5 . .3 , . 5 Page. , . . 27 . .561 ...399 . .561 423 115 11 490 561 511 429 259 521 487 470 615 516 116 367 402 719 735 430 523 378 561 76 486 376 224 495 480 472 244 511 661 109 718 755 424 382 668 27 511 70 331 414 551 16 Named Avenues. Athol avenue . Bella Vista avenue. . Central avenue | 4.... ....180 ' 4.... ....331 . .5_ ....180 | 3.... ....379 | 4.... ....550 | 4.... ....344 1 5. . . . .... 12 Clinton avenue OP THE CITY OF OAKLAND, CAL. 367 Street or Avenue. Chicago avenue .... College avenue . Fairmount avenue . • Hawthorne avenue . Hanover avenue . Hillside avenue . Lincoln avenue . Lester avenue . Lake Shore avenue . Monte Vista avenue . Moss avenue . Newton avenue ... Oakland avenue . Piedmont avenue . Plymouth avenue . Peralta avenue . Pleasant Valley avenue.; • Prospect avenue . Railroad avenue ... Santa Fe avenue . San Pablo avenue. Santa Clara avenue. Silver avenue (East Twenty-eighth street) Telegraph avenue . Van Dyke avenue. Walsworth avenue . Watson avenue . Wayne avenue . Webster avenue . Vol .4. .5. 3. 5. 5. 5. 5. . .5. . .4. . . 6 . . .4. . .4. . .4. . .5. . .3. . .4. 3. 3. . . 6 . . .4. . .4 . .5. 2 . 4. 3. 4. . . 6 . 5. 5. 2 . .5 I 4 I 5 . .4 . .4 . .3 Alleys. Between Twenty-second and Twenty-third avenues, north of East Seventeenth street. 4 Between Twenty-second and Twenty-third avenues, East Fourteenth to East Seventeenth street.4 Between East Seventeenth and East Nineteenth streets, south of Twenty-second avenue.4 Between East Nineteenth and East Twentieth streets, Twenty-first to Twenty-second avenue.4 Between East Twelfth and East Fourteenth streets and Seventeenth and Eighteenth avenues.5 Page. ...510 ...110 ...634 ... 8 ...417 ...432 ...563 ...298 ...155 ...101 .. .374 .. .348 . . .254 ...289 ...755 ...155 ...367 ...755 ...113 ...269 169 .. .183 .. .681 ...372 ...561 ...251 ...71 ...389 ...706 ...181 ...432 ...765 .. .552 ...703 .. .428 ...567 ...289 ...346 . . .328 ...483 151 151 151 151 233 $68 GENERAL MUNICIPAL ORDINANCES II.—ORDINANCES FIXING WIDTH OF SIDEWALKS. ORDINANCE No. 2107. AN ORDINANCE ESTABLISHING THE OFFICIAL WIDTH OF SIDEWALKS HEREAFTER TO BE CONSTRUCTED IN THE CITY OF OAKLAND ON ALL STREETS WHERE NOT AL¬ READY ESTABLISHED BY SPECIAL ORDINANCES APPLICA¬ BLE TO PARTICULAR STREETS. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. The official width of sidewalks hereafter to be con¬ structed in the City of Oakland on all streets where not already es¬ tablished by special ordinances applicable to particular streets is hereby established as follows: 1. On all streets in that portion thereof annexed thereto in June, 1897, and known as the “Annexed District,” as follows: On all streets less than 50 feet in width, 8 feet. On all streets 50 feet or more in width and less than 55 feet, 10 feet. On all streets 55 feet or over in width and less than 61 feet, 12 feet. On all streets 61 feet or over in width and less than 75 feet, 14 feet. On all streets 75 feet or over in width, 18 feet. 2. On all streets other than those mentioned in subdivision One, as follows: On all streets less than 50 feet in width, 8 feet. On all streets 50 feet or over in width, and not exceeding- 55 feet. 10 feet. On all streets over 55 feet -in width and not exceeding 75 feet, 14 feet. On all streets over 75 feet in width and not exceeding 80 feet, 18 feet. On all streets exceeding 80 feet in width, 20 feet. Section 2. Ordinance No. 2071, approved October 25, 1900, and Ordinance No. 368', approved Feb. 2, 1870, and all other ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. This ordinance shall take effect and be in force from and after its approval. (Approved Sept. 24, 1901. Vol. 5, p. 586.) OF THE CITY OF OAKLAND, CAL. 369 Yol. Page. 10 . 15. 10 . 15. 10 3. 3. 5 . ,5. . 1 . .3. . 2 . .3. . 2 . . 1 . .3. Width. Street or Avenue. General Ordinance—East Oakland, portion of (see Town of Brooklyn Ordinance, Book, pp. 152 and 164.) [Note.—For other streets and also changes as to various streets, see ordinances indexed below.] First street, Broadway to Market. 12... First street, Broadway to Alice.. First street, Washington to Castro. 6... Second street, Broadway to Market.18 Seventh street, generally. Seventh street, Wood to Pine, north side. Seventh street, "Wood to Pine, south side. Seventh street, west of Pine, north side. Seventh street, west of Pine, south side. Twelfth street, Broadway to Fallon. 44 • Twelfth street, east of Fallon. 14 • (With certain exceptions.) Twelfth street, bet. Fallon and First Ave.12. Twelfth street, Broadway to Market.14. Twelfth street, Kirkham to Adeline.14. Fourteenth street, Market to Peralta.14' Sixteenth street, west of Peralta.16 Seventeenth street, west of Peralta.1° Twentieth street, Webster to Telegraph.10 Twentieth street, Grove to Castro .1 J1 Twenty-fourth street, east of Webster .10. Thirty-third street, east of Grove .12' Thirty-fourth street, Academy place to Broadway 10.5. Thirty-fourth street, Dwinell to Andover .12.5.5^ Thirty-fifth street, Market to Grove^.12.2.^ Thirty-fifth street, Market to San Pablo .12. 0 . Numbered Streets—East. .12.2.346 . . .12.2.346 ,5. .2. .3. .3 .3 .5 .3 .4, .3 .3 .639 .509 .533 .323 .395 .353 .300 .494 .203 .518 .473 .664 . 28 . 669 .543 .642' .699 .541 . 81 .519 .351 East Eighth street . East Ninth street . East Ninth street, east of Park avenue .12. 19 2 .346 East Tenth street . . East Tenth street, east of Park avenue .12. 0 . 10 O East Eleventh street .. East Eleventh street, east of Park avenue .12.^. East Twelfth street . 14 . 3 . East Twelfth street, between Fallon street and . 12.5.6b4 First avenue . Bast Fourteenth street, northeast of Thir- ,, 14 3 . 607 teenth avenue .. East Fourteenth street, Twelfth to Thirteenth ave- 14.4.0Z0 nue . 37o GENERAL MUNICIPAL ORDINANCES Numbered Streets —East. Width. Vol Eust Fifteenth street, northwest of Commerce .12. . 2 street, northwest of Commerce .12.2. street, Fifteenth to Twenty-third 14 10 . 3. 3, Page. .. .346 ...346 ...566 566 East Sixteenth East Sixteenth avenue .. East Sixteenth street, east of Twenty-third avenue..14. 3 .617 East Seventeenth street, northwest of Commerce_12 East Eighteenth street, northwest of Commerce.12 East Nineteenth street, northwest of Commerce East Twentieth street, northwest of Commerce East Twenty-first street, northwest of Commerce East Twenty-first street, Twenty-third to . 12 . . 12 . . 12 . . 2 . , 2 . , 2 . 2 . 2 . 346 346 346 346 346 Twenty- 10 , street, Sixteenth to Twenty-third 18, street, between Thirteenth and 12 . between Fourteenth and fifth avenue . East Twenty-first avenue .. East Twenty-first Fourteenth avenues East Twenty-first street, Seventeenth avenues East Twenty-second street, northwest of Commerce.. 12 . 2 East Twentj'-third stieet, northwest of Commerce. .12. .. 2 East Twenty-fourth street, northwest of Commerce. .12. . . . . .2 Numbered Avenues. First avenue . . Second avenue . . Third avenue . . 455 136 98 18, . 98 .346 .346 .346 Fourth avenue, East Eighteenth to Hopkins street. . 12 . . 12 . . 12 . . 10 . . 2 . . 2 . . 2 . .4. .346 .346 .346 .265 Sixth avenue, East Ninth to Eighth avenue . . East Eleventh street ... . 12 . .. . . . 2 . . . 9 Tenth avenue .. 9 Eleventh avenue . . 1 9 9 Twelfth avenue . . . 1 9 9 Thirteenth avenue, generally . 1 9 , 9 9 a a Thirteenth avenue, East Twelfth street . . . Eleventh to East 11 9 Fourteenth avenue, portion .12 4 Fourteenth avenue, East Twelfth to East second street . Twenty- 1 £ ft Twenty-first avenue, East Twelfth to first street .... East Twenty- 1 A Q Twenty-first avenue, East Twenty-first street . . Seventeenth to East ft i o o Twenty-third avenue . . 1 9 9 Twenty-fourth avenue 12 9 Twenty-fifth avenue . .. 1 2 9 Twenty-sixth avenue . 12 9 Twenty-seventh avenue 12. ... OP THE CITY OF OAKLAND, CAL. 371 Width. .. 12 . .. . . 9. .. Named Streets: Albion street.,. Alcatraz avenue . Adeline street, north of Twenty-second .14- Bay Place ,Webster street to Oakland avenue- 9. Bay place, Twenty-fourth st. to Lee 100-acretract 12. Broadway street . 2 ^’ Cameron street . '••••*• Cedar street.• Clay street . Delger street, Webster to Telegraph .10. Dennison street . Edwards street .!“• Elm street, east of Webster . 10 • Filbert street—Twenty-first to San Pablo .12. Franklin street ,south of Seventh .14- Frederick street (East Oakland) .14. Grove street, north of San Pablo .12. Howard street . 12 ' Kennedy street .H . 10 .14 Vol. . .3. . . . 6 . . . .3. . . .4. . . .4. . . 1 . . .3. . .5. . .3. . .3. . . 3 . . .3. Kennedy street King street . . . ,3. ,3. .3. .3. .3. .4. .3, .3. .3 Shellmound street . Summit street . Sycamore street . Valdez street (East Oakland) Page. . . .274 .. . 67 ...486 ...485 ...679 ...395 ...616 ...85 ...509 ...541 ...561 ...456 ...519 ...578 ...420 ,...561 . ...214 ....388 ... .561 _561 . .. .561 .12 _ _4_ ....239 -14_ _4_ ....161 14.... _3_ ....561 12 ....683 12 ....189 1 14 . . • _3_ ....561 1 - L ^ • • • 1 12 ....262 14 . . .3. . . . ....591 . .12 _ . 57 Named Avenues. Central Ave. (see Twelfth and East Twelfth Stieets.) ^ 12 ....5.507 College avenue . ’ n Y /a 10 3 634 Hillside avenue. Linden Ave. to Summit Ave.... 14. 6 . ‘ Mathews Ave., E. Eighteenth to Hopkins St. .. .^. .10.4.265 Oakland avenue, Flint Tract to N. bndry. line-12.5.564 Park avenue, south of East Twelfth street.12.3.-56 7 .5.565 Piedmont avenue . | 30.2.720 Plymouth avenue .| 10-30.4.269 12 .2.683 Prospect avenue . Railroad avenue (See Seventh street). Railroad avenue, near Park avenue.10.3.561 San Pablo avenue. 18 . 3 . 223 372 GENERAL MUNICIPAL ORDINANCES Named Avenues. Width. Vol. Summit Ave., Monte Vista Ave. to north bound¬ ary line ... 6 Shattuck avenue .. 5 Talcott avenue .. 10 6 . Telegraph avenue, 36th to 40th street.20. 5 . Telegraph avenue, 40th street to the city limits.. 16. 5 Walsworth avenue, southerly from Flint Tract 8-14. 4 Webster Ave., northerly from Broadway. 7 . 4 Streets Not Named Above. 55 to 75 feet wide .. 1 75 to* 80 feet wide.. 1 [Note.—-See Ordinance 2107 at page 368 hereof.] Page. 127 507 78 507 507 567 341 395 395 III.—ORDINANCES ACCEPTING STREETS. Streets Accepted. Approved. Vol. Page. Ordinance Adeline, northerly from point north of Twenty-second .Apl. 25, 1892 Albion street .Jan. i6# i 889 Broadway, south of Twelfth street.Nov. 11, 1891 Broadway, Twelfth to Nineteenth .Mar. 20, 1893 Chestnut, Fourteenth to Twenty-first ....Mar. 4 , 1893 Clay, Seventh street to San Pablo avenue..Feb. 10, 1899 East Twelfth, 1st Ave. to 11th Ave.Dec. 28, 1898 Edwards street, W. of Academy place. .. .Apr. 30, 1891 Eighth street, Market to Grove .Oct. 28, 1893 Eleventh street, Broadway to Franklin_Dec. 22, 1892 Eleventh street, Broadway to Washington Sept. 13, 1898 Eleventh street, Clay to Washington.Aug. 1 , 1899. Filbert street, Fourteenth to Twenty- flrst .Mar. 4, 1893 Filbert street, Twentieth to San Pablo_Nov. 27, 1893 Franklin street, Seventh and Four- .4 .3 .3 4 4 5 5 3 4 4 5 5. .179 , 325 730 399 381 346 331 604 498 353 313 406 4.381 4..507 teenth .Feb. Linden street, Fourteenth to Twenty- ^t .Mar. Ninth street, Broadway to Washington.... Feb. San Pablo avenue .Feb. Sixteenth, Adeline to Kirkham.Apr. Twelfth, Broadway to Franklin .Feb. Twelfth, Broadway to Washington .June Thirteenth, Broadway to Franklin .Aug. 12 , 11, 1889.3 4, 1893.4, 15, 1889.3. .333 ,381 334 4. 1889. . . . . .3. . . 330 . Apr. 25, 1892. . . .Feb. 8 , 1892. . . .. .4. . . . . . 82 June 17, 1896... Aug. 12 , 1899. . . Streets Accepted. 5AND, CAL. 373 Ordinance Approved. Vol. Page. Dec. 28, 1898. .. .. .5... ...332 Sept. 13, 1898. .. ...311 Doc 22 1892 . . .4... .. .352 TToVi 8 1802 . . ...4... ... 83 .Jan. 17. 1893. .. ...361 June 2. 1898. .. .. .278 IV.—ORDINANCES OPENING AND CLOSING STREETS. Streets Opened. Athol avenue . Central avenue. Central avenue. Chestnut street. Chestnut street . Clay street .. Clay street . Commerce street . Cedar street . Cypress street . East Eighteenth street . East Twenty-first street. Filbert street. Fourth avenue . Forty-second street (portion closed) . .. Fourteenth street. Grant avenue . Halleck street. Holden street. Horton street. Hubbard street. Knox place . Lincoln avenue (closing) . Linden street. Magnolia street. Moss avenue, Oakland Heights (closing) Oakland avenue (closing portion of ). . . Seventeenth street (Repealed). Tenth avenue . Vol. Page. .5. .3. . 3 . . 3 . .3. . 3 . . 3 . . . 4 . , .5. . .5. . .4. I 4. ! 5 - . . 3 . . . 3 . . . 6 . . .5. . .5. . . 6 . . . 6 , . .6 . .6 . .4 . .4 . .4 . .3 . .4 . .6 . .4 3 5 . . 82 . .409 . .518 . .608 . .728 . .477 . .517 . .370 . . 32 . .423 . .177 . .630 . .141 . .388 . .648 . .105 . .225 . .347 . . 80 ,. . 80 . . . 80 . . . 80 . ..341 ...333 ...508 ...396 ...379 ...124 ...644 ...387 ...231 ...671 .. . 80 Twelfth avenue 374 GENERAL MUNICIPAL ORDINANCES Streets Opened. Twentieth street . Thirty-third street (or Nolan). Unnamed streets, east of “Main street” Webster avenue (portion of). West street. Vol. Page. .3.516 .3.609 .3.726 .3.215 .3.381 V. —ORDINANCES CHANGING NAMES OF STREETS. [See also Ordinance No. 1997 at page 130 hereof.] Name Changed. Vol. Page. Academy street to Dwinell street . 5 Bay place to Twenty-sixth street .2 Brooklyn, old town of, generally.2 Central avenue to Twelfth and East Twelfth street.3 Division street to Eighth street. 3 Bast Oakland, generally.2 Emma street to Fairmount avenue.3 Lincoln street to Eleventh street . 5 Middle street to Ninth street.2 New Broadway, portion of. 3 , Pearl street to Fairmount avenue . 3 , San Pablo avenue (confluence of Broadway) .4, Summit street to Fairmount avenue. 3 . Taylor street to Ninth street. 5 . Telegraph avenue, portions of. j 3. | 4. Webster avenue, portion of. 4 . General Ordinances covering many streets . 5 . Seward street to Tenth street. 5 . Summit street, between Hawley street and Walsworth ave¬ nue, to Yosemite street . 5 . Pearl street, between Bay place and Ruby street, to Valdez street . Webster street from Broadway to northerly city line, to Pied¬ mont avenue .I Lake avenue, between Perry street and Cottage street, to Pleasant Valley avenue.; Commerce street to Fourteenth avenue.; Laurel street, between Telegraph avenue and Broadway, to Twenty-fifth street . t Jones street to Twenty-first street .t Walnut street, between Telegraph avenue and Lake Merritt, to Twenty-first street . r Knox place to Twenty-seventh street. e .286 .659 .271 .510 .369 .271 .633 .139 .463 _329 ....633 ....320 ....633 ....138 ....329 ....320 ....400 113-254 ....138 . ...113 .'. . .113 . . . .113 ....113 . ...113 113 113 113 113 OF THE CITY OF OAKLAND, CAE. 375 Name Changed. -^ age ' Albion street to Twenty-eighth street .5.113 Merrimac place to Twenty-eighth street .5.113 Caledonia and Prospect avenues, between Grove street and Walsworth avenue, changed to Twenty-ninth street -5.113 Birnie street to Seventeenth street. 5 .113 Oak street, between Peralta and Excelsior avenue, to East Oak street. 5 . 113 Pine street, between Peralta and Excelsior avenues, to Capell street .5.113 Mound street, between Thirteenth avenue and Clinton street, to Hopkins street. 5 . 113 Excelsior street, between Fourth and Clinton avenues, to Clinton street .^.^- 3 Silver avenue, between Fourth and Ninth avenues, to East Twenty-eighth street ..113 Lincoln street, between Thirteenth avenue and east city line, to East Lincoln street . 5 . 113 Lake street, between Brooklyn and Prospect avenues, to East Lake street. ^ 3 Central avenue, between East Twenty-fourth street and Sil¬ ver avenue, to Eighth avenue .5.113 Columbia street, between Fourth and Ninth avenues, to East Twenty-fifth street . 5 . 113 Valdez street, between Livingston and Ford streets, to East Valdez street. 5 . 113 William street, between Peralta and Bay streets, to Fifth street. ; .^.^ 3 Elm street to Twenty-fourth street . 5.113 Plymouth avenue, east of Telegraph avenue, to Thirty-fourth street . 5 . 113 Bay place, between Telegraph avenue and Broadway, to Twenty-sixth street . 5 . 113 Wallace street, between San Pablo avenue and Grove street, to Twenty-eighth street . 5 . 113 Campbell street, between San Pablo avenue and Grove street, ^ r I 1 O to Thirtieth street. 0 . Nolan street to Thirty-third street. 5 . 113 Charter street to Twenty-second street . 5 .113 Alden street, between San Pablo avenue and Grove street, to Twenty-ninth street . 5 . 113 Delger street to Twentieth street. 3 .H 3 Brown street to Thirty-fourth street .5.113 Durant street to Nineteenth street.5.113 Walton street to Twenty-eighth street.5.113 Wallace street to Thirty-fifth street .5.113 Park street, between San Pablo avenue and Grove street, to Twenty-seventh street. 5.113 376 GENERAL. MUNICIPAL ORDINANCES Name Changed. Vol. Page. Locust street, or Simpson avenue, between San Pablo avenue and Telegraph avenue, to Twenty-third street . 5 . 113 Logan street to Thirty-sixth street . 5 . 113 Summit street, west of Union street, East Oakland, to East Summit street.5.113 Frederick street, from San Pablo to Telegraph avenues, to Nineteenth street .. .. 5 . 113 Lee street, between the junction of Vernon street and Bay place, to Vernon street . 5 . 113 Oakland avenue, between Orange street and Adams street, to Perkins street. 5 . 113 Curve street to Nineteenth street . 5 . 113 Fairmount avenue extension, between Moss avenue and the northerly city line, to Fairmount avenue.5.113 Twenty-first street, from Telegraph avenue to San Pablo avenue, changed to Jones street . 5 . 334 Twenty-first street, from Telegraph avenue to Lake Mer¬ ritt, changed to Walnut or Twenty-second street. 5 . 334 Hawley street, between Yosemite street and Twenty-ninth street, to Fairmount avenue . 5 .661 Yosemite street, between Hawley street and Walsworth ave¬ nue,, to Fairmount avenue and Fairmount street. 5 .660 Santa Clara avenue, between Vernon street and the north¬ ern city line, to Moss avenue. 5.113 Moss avenue, between Fairmount avenue and Lake avenue, to Santa Clara avenue . 5 . 113 Morrison place, between Oakland avenue and Orange street, to Pearl street .5.113 Grand avenue, between Webster street and Lake Merritt, to Boulevard Terrace . 5 . 113 VI.—ORDINANCES GRANTING FRANCHISES. I.—FOR STREET CARS. Date. To Whom Granted. 1857. July 22.Joseph Black et als. 1870. Sept. 1.Elijah Bigelow et als. Dec. 10.Elijah Bigelow et als (amendment) Dec. 10.F. K. Shattuck et als. Dec. 10.A. J. Snyder et als. Vol. Page. .1 . 110 .1.439 .1.450 .1.451 .1.454 OF THE CITY OF OAKLAND. CAL. 377 Date. To Whom Granted. Vol. Page. 1871. May 23... . . .Edward Tompkins et als. .1. .. ...469 July 3. . . . ..J. S. Emery et als (steam or horse) .1. . . .. .474 Aug. 28... . ..Oakland Railroad Company (see Ordinance No. 1080) . .1. . . 1872. Mar. 18... . . .J. S. Emery et als . Apr. 30_ . .L. L. Johnson et als. .2. .. ... 21 June 27... . ..Oakland Central Railroad Company . .2. . . ... 64 Aug. 10... . ..Oakland Railroad Company. .2. . . ... 67 Sept. 11. .. . . . J. S. Emery et als (amendment) . . . Dec. 16... . . .H. F. Shepardson, Meetz, et als. .2. . . ...214 1873. Mar. 10... . . .Alameda, Oakland and Piedmont Railroad Company (see Ordinance No. 1080) . .2. . . ...246 Dec. 10... . . .Oakland, Brooklyn and Fruitvale Railroad Company (abandonment). .2. . . ...313 1874. Apr. 14... . . .Edward Tompkins et als (abandonment). .2. . . ...328 Apr. 14... . . .H. C. Campbell et als. Apr. 14... . ..Oakland Railroad Company. 1875. Jan. 11... . . .Alameda, Oakland and Piedmont Railroad Company (see Ordinance No. 1080) .2. . . ...387 Feb. 4_ . .W. A. Bray et als. Apr. 28. .C. T. Hopkins et als. 9 Nov. 27_ . . H. C. Campbell et als (amendment) 9 ...427 Dec. 23_ . .Walter Blair et als. 1876. Mar. 20_ ..East Oakland, Fruitvale and Mills’ Simi- nary Railroad Company. Mar. 22... . . .Grant I. Taggart et als. May 26. . . . . .Grant I. Taggart et als. May 27... . . .Oakland Railroad Company. June 30... . . .Broadway and Piedmont Railroad Company. .. . .2. . . ...476 June 30... . . .Alameda, Oakland and Piedmont Railroad Company. 1877. Mar. 3_ . .E. C. Sessions et als. Nov. 13. . . . . .Walter Blair et als, Fourteenth st. R. R. Co.. ,2. .. ...584 Nov. 21_ . .E. C. Sessions et als. Feb. 19_ . .E. C. Sessions et als (extending time)... Mar. 11... . . .Walter Blair et als (amendment) . June 5. . .Thomas A. Smith et als. 2^ Aug. 26... . . . J. V. Webster et als. Aug. 26. . .Walter Blair et als (amendment) . . Dec. 4. .Walter Blair et als. 37» GENERAL. MUNICIPAL ORDINANCES Date. 1879. To Whom Granted. Vol. Page. Jan. 9. .E. C. Sessions et als, , extending time . . 2 . . . .. .686 Jan. 22. . 2 . .. ...688 Dec. 24. . 2 . .. ...770 1881. Aug. 18. .Oakland. Brooklyn and Fruitvale Railroad Company. Aug. 19. .Alameda, Oakland and Piedmont Railroad Company (consent to abandon) . . . .3. .. ...62 Nov. 21. .Walter Blair et als (consent to abandon) . .3. .. ...66 Dec. 2. (consent to abandon) . .3. . . ...71 1882. Feb. 23.. 1883. Aug. 16 1885. Sept. 29. Dec. 8. 1886. Jan. 15. Jan. 19. Feb. 3. Feb. 8 . Feb. 27. July 28. Oct. 18. 1887. Feb. 10. 1888. June 26. Dec. 24 188'9. Jan. 16. Jan. 30. July 31. Oct. 30. Nov. 28 .Oakland Railroad Company, horse or cable cars.3.114 .A. E. Davis, horse or cable cars .3.172 .Fourteenth Street Railroad Company, horse or cable cars .3.175 .Theodore Meetz, horse or cable cars .3.178 .Fourteenth Street Railroad Company, horse or cable cars (amendment) .3.180 .James G. Fair, horse or cable cars .3.183 .J. M. Thompson et al . 3 .187 .James G. Fair, horse or cable cars .3.190 Broadway and Piedmont Railroad Company, horse or cable cars . 3 .207 Alameda, Oakland and Piedmont Railroad Company, horse or cable cars . 3 .218 Fourteenth Street Railroad Company, horse or cable cars. 3 .226 Same declared forfeited. 4..663-664 A. E. Davis, consent to abandon . 3 .288 .Theodore Meetz et al, horse or cable . <..3 . 322 .Oakland Railroad Company, horse or cable ....3 .326 .Broadway, Berkeley and Piedmont Railroad Company, cable. 3 . 327 Piedmont Cable Company, cable . 3 . 363 M. H. Grossmayer et al, cable . 3 . 39 © .Oakland and Berkeley Rapid Transit Com¬ pany, electricity . 3 . 393 . OF THE CITY OF OAKLAND, CAL 379 Date. To Whom Granted. Vol. 1890. Mar. 3.Brooklyn and Fruitvale Railroad Company, horses .3.. Sept. 15.John W. Coleman et als, electricity.3.. 1891. Mar. 5.M. H. Grossmayer et als, amendment .3.. Mar. 18.Horry W. Meek et als, electricity, etc.3.. Apr. 17.E. P. Vandercook et als, electricity, cable or motor .3. . May 22.H. G. Blasdel, cable, electricity, horses or motor...3. . 1892. Jan. 27.Oakland Railroad Company, amendment.4.. Jan. 28.E. P. Vandercook et als, amendment.4.. Mar. 23.Consolidated Piedmont Cable Company suc¬ cessors, &c., amendment.4.. June 6 .Consolidated Piedmont Cable Company, suc¬ cessors, amendment.4. . June 28.E. A. Heron et als.4.. July 27.Oakland,. San Leandro and Haywards Electric Railway.4.. 1892. Aug. 26.East Oakland Street Railroad Co.4.. Aug. 26.Theodore Meetz, amendment.4.. Sept. 2.Alameda, Oakland and Piedmont Railroad Co., amendment.4. . Sept. 30.G. W. McNear et als.4. . Oct. 24.Consolidated Piedmont Cable Co.4.. Oct. 24.Oakland and Berkeley Rapid Transit Co.4.. Dec. 16.Oakland Railroad Co., amendment .4.. 1893. Jan. 17.Highland Park and Fruitvale Railroad.4.. Feb. 21.Horiry W. Meek et als .4.. Feb. 21.Egbert B. Stone, temporary track .4.. Mar. 6 .Alameda, Oakland and Piedmont Electric Rail¬ way Company .4. . Mar. 20.Highland Park and Fruitvale Railroad, amend¬ ment .4. . Mar. 21.Highland Park and Fruitvale Railroad.4.. Mar. 21.Welles Whitmore et al .4.. Declared forfeited .5.. Mar. 23.East Oakland Street Railroad Co.4. . May 8 .Central Avenue Railway Co.4. . 1894. Sept. 29.Highland Park and Fruitvale Railroad, exten¬ sion ..4.. Oct. 23.H. W. Meek, W. E. Meek, et als.4.. Page. 421 503 575 580 600 610 78 SO 157 214 229 241 256 270 273 280 303 307 334 354 364 368 383 397 400 404 203 408 418 608 621 I / 3 So GENERAL MUNICIPAL ORDINANCES Date. To Whom Granted. Vol. 1895. Feb. 15.Fourteenth Street R. R Co., abandonment and forfeiture . . . . .. 4 , . Deb. 23.Fourteenth Street R. R. Co., abandonment and forfeiture . 4 ,. 1897. Nov. 13.W. Whitmore Alsip et al, abandonment and forfeiture . 5 .. 1898. May 19 . Oakland Con. St. Railway Co . 5 .. June 11..Oakland Con. St. Railway Co. 5 .. June 11 .Alameda, Oakland and Piedmont Electric Rail¬ way Co. 5 . . Sept. 23.Oakland Railway Co., to use electricity on_ San Pablo avenue. 5 . . Nov. 28.Oakland Transit Co., abandonment.5.. 1900. June 6 .Oakland, San Leandro and Haywards Electric Railway Co.. Sept. 8 .Oakland Transit Consolidated, abandonment. .. .5 . . 1901. Aug. 19 . Oakland Transit Consolidated, abandonment. .. . 5 . . 1902. Mar. 20.Oakland Transit Consolidated, abandonment. .. . 5 . . Sept. 5 . Oakland Transit Consolidated, abandonment _ 5 .. Nov. 15.Oakland Transit Consolidated . 6 .. Dec. 29.San Francisco, Oakland and San Jose Railway. 6 ... 1903. Deb. 13.Oakland Transit Consolidated . 6 .. Apr. 15.J. H. Macdonald .. Jul y 8 .San Francisco, Oakland and San Jose Railway.. 6 .. July 15.Oakland Transit Consolidated (abandonment)... 6 . . Sept. 30.Oakland Transit Consolidated. 6 . Nov. 17.Oakland Transit Consolidated (abandonment).. 6 . . II.—FOR STEAM CARS. 1861. Nov. 20.San Francisco and Oakland Railroad Com¬ pany . 1S'68. Aug. 24.Western Pacific Railroad Company 1871. July 3.J. S. Emery et als, steam or horses . 1873. Apr. 21.Central Pacific Railroad Company . Page. 654 663 202 277 283 284 317 330 468 495 576 624 689 2 28 40 60 88 92 120 151 148 327 474 254 / OF THE CITY OF OAKLAND, CAL. 381 Date. 1876. Feb. 12 May 27 1879. Feb. 24 Mar. 3 1880. Mar. 6 1882. Feb. 25. Apr. 8 1884. Mar. 24. 1886. July 6 . 1896. May 22 1898'. Apr. 6 . Dec. 28 1899. Mar. 23. 1900. Dec. 19. 1901. May 19 1902. Nov. 19 Dec. 29. 1903. July 8 . Nov. 10 1862. Feb. 7 1865. Dec. 9 1866. July 22. July 22. 1867. To Whom Granted. Vol. Page. .Northern Railway Company .2.446 .John A. Hobart et als, side track .2.471 .A. C. Dietz et als.2.691 .A. C. Dietz et als (amendment) ..2.698 .Alfred E. Davis et als .3. 1 S. H. Melvin .3. 83 .California and Nevada Railroad Company.3. 88 .Northern Railway Company .3.135 Oakland Township Railroad Company.3.201 .Northern Railway Co., change tracks on Cedar street .5. 67 South Pacific Coast Railway Co.5.255 .Central Pacific R. R. Co.5.333 South Pacific Coast Railway Co., amended....5.359 .Oakland Electric L. and M. Co.5.529 .Oakland and East Side R. R. Co.5.628 .San Francisco Terminal Ry and Ferry Co. 6 . 8 San Francisco, Oakland and San Jose Railway. .6 . 28 San Francisco, Oakland and San Jose Railway ..6 . 88 .Oakland and East Side R. R. Co. 6 .145 III.—MISCELLANEOUS. To Whom Granted. What For. .B. F. Mann et all.Gas works.1.151 .William W. Biggs et als..Gas works.1.222 Wm. W. Briggs et als (ex¬ tending time).Gas works.1.231 Contra Costa Water Co..Water works.1.232 382 GENERAL MUNICIPAL ORDINANCES Date. To Whom Granted. What For. Vol. Page. Nov. 1_ . . San Francisco and Oak- land R. R. Co. (Re- 1869. pealed, Vol. 1, p. 304. .Wharf. .. 1 . .. .. .277 June 21... . . .Oak’d and Enoinal Turn- 1870. pike and Ferry Co . . .Ferry. . . 1 . .. ...367 Mar. 24... . . . S. F. and Oakl’d R. R. and 1871. W. P. R. R. Co . . Bridge. .. 1 ... ...405 Mar. 30... . . .Ohas. Webb Howard et als (Home Gas Light Co.) . .Gas works. .. 1 . .. ...462 May 15... . . .Philip Caduc et als . . Gas works. .. 1 . .. ...466 1872. Feb. 17_ . .Lake Tahoe and S. F. Water Works Co. .Water works.. .. 1 ... ...536 Mar. 29. ..Home Gas Light Co. (ex- 1872. tending time) . . Gas works. .. 2 . .. .. . 15 June 27. .Contra Costa Water Co. .Water hydrants. . 2 . .. .. . 63 Dec. 26... . ..Home Gas Light Co., ex- 1873. tending time. .Gas works. . . 2 . .. .. .220 June 9.... . .Home Gas Light Company 1876. extending time. .Gas works. . . 2 ... .. . 2S'8 June 23... . . .Am. District Telg’ph Co. .. .Telegraph line. .. . . . 2 . .. ...474 1877. Oct. 19. . Oakland and Alameda 1879. Water Co. .Water works. . . 2 . .. .. .576 Mar. 24. .West Evans et als. . .Electric light.. .. .700 1881. Nov. 15_ . . California Electric Light Co. .Electric light. . . 3 . .. . . . 65 Nov. 21_ . .David Rich et als. . Electric light. . 3 ... ...68 1883. Feb. 9. .J. G. Divoll et als. Water Works. Apr. 20. .A. Chabot . . Observatory. . 3 . .. .. .101 Aug. 20. ..Oakland Gas Light and Heat Co. ..Electric wires. . 3 . .. ...150 Aug. 21... . . .Eli S. Dennison et als . . . . .Electric lights etc. . 3 . .. ...152 Oct. 24. .Central Pacific R. R. Co. .. . .R. R. sig. system. . 3 . .. .. .153 1885. Feb. 17. .Central Pacific R. R. Co., 1886. (amendment). .. .R. R. sig. system. . 3 . .. .. .156 Dec. 10. .Pacific Postal Tel. Cable . 3 . .. ...224 OF THE CITY OF OAKLAND. CAL. 383 To Whom Granted. What For. Vol. Page. Date. 1887. Mar. 16.Pacific Coast Electrical Con. Co.Electric lights, etc..3 . 237 July 8 .N. W. Spalding et als ... Steam pipes, etc 3.254 Dec. 6 .Oakland Electric Light and Motor Co.Electric lights.3.265 1890. .. May 29.Oakland Electric Light and Motor Co. (amendment) Electric lights....3 .460 1892. May 26.Sunset Telephone & Tele¬ graph Co.Electric wires, etc..4 . 206 1896. Oct. 29..L. Schaffer et als.Garbage.5. 96 1898. Oct. 5.Albert Anker et als.Electric wires.5.319 1899. Jan. 27.Crematory .Franchise forfeited..5.341 1901. Feb. 21.James P. Taylor.Bunkers.5.537 1902. Nov. 17.W. A. Beasly.Telephone.6. 16 VII.—ORDINANCES RELATING TO ANNEXATIONS OF TERRITORY Date of Approval. Title. "V ol. Page. Apr. 4, 1872.An ordinance to approve the annexation of certain territory to the City of Oak¬ land .. ..2.16 Nov. 4, 1872.An ordinance approving the annexation of certain territory to the City of Oakland, ..2.201 Sept. 18, 1888.An ordinance providing for a special election to determine whether the boundaries of the City of Oakland shall be altered and new territory included therein.2 June 1, 1891.An ordinance providing for a special election to determine whether the boundaries of the City of Oakland shall be altered and new territory be an¬ nexed to and made a part of said city.. 3 Same.5 .Same Annexed to Second Ward.5 May 11, 1897. Sept. 28, 1897 625 131 176 3§4 GENERAL MUNICIPAL ORDINANCES [Note A brief description of the original boundaries of the city- will be found in the original charter. Stats. 1852, page 180. The boundaries on the North and East were, approximately: Twenty-sec¬ ond street, as existing between San Pablo avenue and Market street, the prolongation thereof East and West, Lake Merritt and the Northern arm of San Antonio creek. The first annextion (of April 4, 1872), in¬ creased the limits to Thirty-sixth street on the north, and to Cemetery creek on the east, the second including East Oakland easterly to the present limits and northerly to Indian gulch and Milbury street; and the third annexation proceedings were had in 1891, and the territory may be described generally as that portion of the city lying east of Cemetery creek and its southerly continuation to Lake Merritt and north of Lake Merritt, Indian gulch and Milbury street; the fourth annexation was made in 1897 for description of which see note proceed¬ ing Section 5 of Charter, ante.] VIII.—ORDINANCES RELATING TO THE WATER FRONT. Date of Approval. Title. Vol. Page. May 18, 1852.An ordinance for the disposal of the Water Front belonging to the Town of Oakland, Repealed, Vol. 2, p. 777. Dec. 30, 1852..An ordinance to approve the wharf at the foot of Main street, and to ex¬ tend the time for constructing the other wharves. (Repealed, Vol 2, p. n n \ tii) . Aug. 27, 1853. . ....An ordinance concerning wharves and the Water Front. (Repealed, Vol. 2, p. 777) . Aug. 5, 1854 . . . ...Ordinance (No. 34) to provide for the con- struction and maintenance of a wharf in the City of Oakland. (Repealed, see below). 1 Dec. 11, 1854. .. ...Ordinance (No. 64) to repeal an ordinance to provide for the construction and maintenance of a wharf in the City of Oakland. 1 Jan. 13, 1855... ...Ordinance (No. 65) authorizing the entry of judgment on condition in the case of J. B. Watson vs. the City of Oakland. 2 June 6, 1855_ ..An ordinance repealing an ordinance en- titled ‘An Ordinance Concerning Wharves” ... ^ 3§5 OF THE CITY OF OAKLAND, CAL. Date of Approval. Title. Vol. Sept. 4, 1867.An ordinance providing for a suit to settle the title of the city to the Water Front, and the employment of counsel therein. 1. . Nov. 12, 1867.An ordinance granting to the San Fran¬ cisco and Oakland Railroad Company the use of a portion of the Water Front for the erection of a Marine Railway and Wharf. (Repealed, Vol. 1, p. 304).. 1 April 1, 1868.An ordinance for the settlement of contro¬ versies and disputes concerning the Water Front of the City of Oakland, the franchises thereof and other mat¬ ters relating thereto. (Amended, Vol 1, p. 301. Repealed, Vol. 2, p. 768).1 April 2, 1868.An ordinance to amend an ordinance en¬ titled “An Ordinance for the settlement of Controversies and Disputes Con- corning the Water Front of the City of Oakland, the Franchises Thereof, and Other Matters Relating Thereto,” passed and approved April 1, 1868. (Re¬ pealed, Vol. 2, p. 768.1 t April 2, 1868.An ordinance finally settling, adjusting and compromising the question of the Water Front. (Repealed, Vol 2, p. 768). .1 April 6. 1868.An ordinance repealing an ordinance granting certain lands on the Water Front .1 Sept. 20, 1871.An ordinance to provide for the settle¬ ment of certain litigation therein men¬ tioned . 1 Aug. 21, 1879.An ordinance releasing to the United States certain portions of the Water Front of the City of Oakland.2 Dec. 22, 1879.An ordinance to repeal certain ordi¬ nances of the City of Oakland .2 Feb. 4, 1880..An ordinance repealing certain ordi¬ nances passed by the Board of Trustees of the Town of Oakland.2 Jan. 12, 1882.An ordinance to prevent further litigation concerning the Oakland Water Front..3 Aug. 19,1893.An ordinance providing for the employ¬ ment and payment of Messrs. Davis & Hill, etc.4 Page. 270 298 301 302 304 516 750 765 .777 , 75- .463: GENERAL MUNICIPAL ORDINANCES 386 Date of Approval. Title. Aug. 19, 1893.An ordinance to employ sel, etc. Vol. associate coun- .4. . Dec. 23, 1893.An ordinance providing for the employ¬ ment and payment of associate coun¬ sel, etc. 4 Dec. 23, 1893 Oct. 2, 1894 Oct. 3, 1894 Oct. 9, 1894, May 19, 1898 .An ordinance provding for the employ¬ ment and payment of Davis & Hill, etc.4 An ordinance providing for the payment ment of Davis & Hill, etc. 4 An ordinance appropriating money for expense of printing record, etc. 4 An ordinance providing for payment of the balance due Messrs. Pringle and Powell, etc.. Payment to Water Front Company costs of Appeal. 5 Page. . .466 . .518 . .520 . .606 . .612 . .614 . .272 ,x> —BOULEVARD, park and school bond ordinances. Approved. 1890. Aug. 25... -Sept. 1... Oct. 30. .. Dec. 2 ... Dec. 4... Dec. 4. .. Dec. 4... 1891. June 3... Aug. 1 ... Aug. 29. .. Sept. 23. .. Sept. 23... Sept. 23... 1892. Jan. 4.... Jan. 4_ Feb. 4.... Subject. Y 01 . .Determining lands for Boulevard . 3 ., . Determining land for Water Park . 3 .. .Determining lands for West Oakland Park . 3 .. .Accepting deed from Edson F. Adams et als_ 3 .. .Accepting deed from Alameda County Land Co. . 3 .. .Accepting deed from Edson F. Adams et als 3.. • Accepting deed from Edson F. Adams et als_ 3 .. .Authorizing expenditure of $19,000 on Boulevard. 3 .. • School sites and Buildings .. 3 .Determining lands for West Oakland Park. 3 .. .Necessity for School buildings and improve¬ ments . 2 .Plans and estimates for Boulevard and West Oakland Park. 3 .Necessity for West Oakland Park, Boulevard and Water Park. 3 Calling election for Park and Boulevard Bonds . . 4 ... Calling Election for School Bonds . 4 Prescribing notice for School Bond Election_ 4 . Page. . .497 . .500 . .521 . .537 . .539 . .539 . .540 . .633 . .657 . .665 . .687 .. 688 . .690 .. 16 .. 46 ..116 OP THE CITY OF OAKLAND, CAL 387 Approved. 1892. Feb. 20. .. Apr. 22. .. June 24... Aug. 22. . May 1. . 1893. June 13. .. 1894. Mar. 12. . 1895. Sept. 24. . 1896. Jan. 24.. Oct. 22. .. Subject. Vol. Page. Prescribing notice for Park and Boulevard Bond Election. 4 Declaring result of School Bond Electon.4 Providing for issuance of School Bonds.4 .Authorizing expenditure of $100,000 on Boule¬ vard (repealed). 4 Repealing ordinance of August 22, last above... .4 84 172 220 249 417 Compromising Boulevard claim of E. B. Stone..4 .Appropriating $2500 for improvement Lake Shore avenue. 4 .Regulating use of Boulevard.5 Protecting Parks.5 Authorizing Purchase of Land for Park.5 423 542 718 23 95 1897. Feb. 18.Authorizing filling in of Park Land .5 Oct. 20.Same .5 July 15.Authorizing Bond Issue $140,000 .5 1898. Apr. 9.Adams’ Point Property designated to be ac¬ quired for Park.5 Sept. 23.Park Bond Election, $320,000 Bonds .5 111 186 155 259 315 [See Ordinances No. 2126 to 2130, inclusive, Vol. 5, pages 633 to 646, declaring the city has not complied with conditions of the deeds of dedications made by Edson Adams et al, in relation to portion of the boulevard.] 6 1903. Mar. 18 Accepting Bushrod Park 58 388 GENERAL MUNICIPAL ORDINANCES APPENDIX. [Note The following general ordinances have been passed by the Council of the City of Oakland and approved by the Mayor since the forgoing pages went to print.] ORDINANCE NO. 2226. AN ORDINANCE CONSENTING TO DECLARING THE NECESSITY FOR, AND AUTHORIZING AN INCREASE IN THE POLICE FORCE OF THE CITY OF OAKLAND, EMPOWERING THE BOARD OF POLICE AND FIRE COMMISSIONERS TO ADD THERETO SIX ADDITIONAL POLICE OFFICERS AND FIXING THEIR COMPENSATION. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Whereas, the increase of population and public interest lequire additional Police Officers, the Council hereby authorizes and em¬ powers the Board of Police and Fire Commissioners of the City of Oak¬ land to increase the police force of said city by appointing and em¬ ploying six additional police officers. Said police officers to receive the same compensation as is now received by police officers in said de¬ partment. Section 2. This ordinance shall take effect immediately. (Approved October 21, 1903. Vol. 6, p. 126.) ORDINANCE NO. 2232. AN ORDINANCE REPEALING SECTION 40 OF ORDINANCE NO. 1009, ENTITLED “AN ORDINANCE ESTABLISHING AND REG¬ ULATING MUNICIPAL LICENSES.” Be it Ordained by the Council of the City of Oakland, as follows: OP THE CITY OF OAKLAND, CAL. 389 Section 1. Section 40 of Ordinance No. 1009 establishing and reg¬ ulating municipal licenses, said section imposing a license on Express Companies, is hereby repealed. Section 2. This ordinance shall take effect immediately. (Approved October 29, 1903. Vol. 6, p. 135.) ORDINANCE NO. 2240. .AN ORDINANCE REQUIRING LIGHTS ON HACKNEY CARRIAGES AND ALSO REPEALING AN ORDINANCE ENTITLED “AN ORDINANCE CONCERNING THE NUMBERING AND LIGHTING OF VEHICLES AND BOATS,” APPROVED NOVEMBER 17, 1901. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. It shall be unlawful for any driver of any hackney car¬ riage to use, or attempt to drive said hackney carriage on any public street of the City of Oakland, at night, without first providing said carriage with lamps, and said lamps must be kept lighted at all times when said carriage is in use. Section 2. Every person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars, and in case the fine be not paid then the person so fined may be im¬ prisoned in the City Prison of the City of Oakland at the rate of one day for each two dollars of the fine imposed. Section 3. An ordinance entitled “An Ordinance Concerning the Numbering and Lighting of Vehicles and Boats,” approved November 17, 1901, and all ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect and be in full force on and after its approval. (Approved November 9, 1903. Vol. 6, p. 144.) ORDINANCE NO. 2233. AN ORDINANCE AUTHORIZING THE BOARD OF PUBLIC WORKS TO APPOINT AN ADDITIONAL GARDENER FOR THE CITY PARKS. 390 GENERAL MUNICIPAL ORDINANCES Be it Ordained by the Council of the City of Oakland, as follows: Section 1. The Board of Public Works is hereby authorized to ap¬ point an additional gardener for the care of city parks of the City of Oakland and his compensation for such services is hereby fixed at $70.00 per month. Section 2. This ordinance shall take effect immediately. (Approved November 9, 1903. Vol. 6, p. 136.) ORDINANCE NO. 2244. AN ORDINANCE AMENDING SECTION 32 OF ORDINANCE NO. 1995, ENTITLED “AN ORDINANCE FIXING THE SALARIES OF CERTAIN EMPLOYES OF THE CITY OF OAKLAND, AND REPEALING ORDINANCE NO. 1982,” APPROVED AUGUST 1, 1899. Be it Ordained by the Council of the City of Oakland, as follows: Section 1. Section 32 of Ordinance No. 1995, entitled “An Ordinance Fixing the Salaries of Certain Employes of the City of Oakland and Repealing Ordinance No. 1982, Approved April 29, 1899,” and approved August 1, 1899, is hereby amended to read as follows: “The Salary of the Batteryman of the Fire Alarm and Police Tele¬ graph is hereby fixed at $90 per month.” Section 2. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 3. This ordinance shall take effect on and after the date of its approval. (Approved November 17, 1903. Vol. 6, p. 150.) 262 320. 337. 360 367. 396, 403. 418 435 450 506 514 537 551 598 602 654 655 684 701 703 712 715 719 728 729 730 784 816 818 820 866 868 869 875 876 879 881 932 935 938 941 952 968 L005 L009 L010 L011 L021 L024 ORDINANCES Numerical Index Page 317 318 127 318 136 319 138 320 320 139 281 321 322 102 209 89 322 141 224 216 224 282 141 323 219 284 142 285 . 324 324 276 280 220 225 325 . 209 325 326 326 143 226 327 145 146 . .328 103 329 . 330 330 147 Number Page' 1033. 285 1084. 148 1089. 211 1104. 220 1108. 226 1110. 95 1113 . 84 1114 . 148 1121 . 212 1135. 331 1137 . 331 1138 . 213 1139 . 333 1140 . 333 1143 . 336 1144 . 336 1145 . 337 1147 . 214 1148 . 149 1178 . 96 1179 . 96 1188. 150 1214. 227 1216. 97 1219 . 337 1220 . 150 1221 .v. 181 1224. 229 1242. 1252. 1253. 1259. 1260. 1262. 1267. 1283. 1293. 1297. 1298. 1329. 1331. 1332. 1333. 1336. 1337. 1341. 1344. 1346. 1348. 1349. . . 154 . . 156 86 . . 222 . . 157 . . 159 . . 160 . 230 . . 231 . . 161 . . 232 . . 233 . . 233 .. 296 . . 81 . 338 90 . . 234 . 235 . . 235 . . 222‘ 392 INDEX TO ORDINANCES. Number Page Number 1354 1355 1360 1362 1366 1367 1369 1378 1381 1386 1396, 1422. 1437. 1456. 1460. 1462. 1477. 1480. 1482. 1520. 1532. 1537. 1539. 1540. 1542. 1543. 1544. 1547. 1548. 1558. 1568. 1569. 1574. 1575. 1595. 1596. 16J)2. 1604. 1605. 1606.. 1609. 1616. 1617. 1618. 1622. . 1623.. 1626.. 1641.. 1647.. 1654.. 1655. . 1657.. 1661.. 1662.. 1665.. 1667.. 1668. . 1670. . 1672. . 1683. . 1685. . 162 1691. 164 1694. 236 1695. 165 1702. 95 1704. 166 1705. 122 1708. 214 1724. 94 1725. 166 1727. 286 1729. 167 1735. 175 1736. 236 1738. 178 1739. 340 1746. 204 1747. 124 1752. 182 1754. 239 1766. 240 1770. 342 1802. 300 1806. 345 1808. 300 1812. 301 1817. 345 1819. 271 1824. 269 1825. 205 1828. 287 1829. 302 1836. 302 1844. 303 1848. 241 1853. 304 1854. . 182 1860. . 346 1865. . 347 1869. . 88 1870. . 187 1874.. 242 1890. . 189 1901. . 243 1906. . 88 1908.. 288 1910. . 190 1928. . 223 1929. . 252 1945.. 306 1955. . 306 1956. . 307 1957. . 308 1959. . 308 1960. . 309 1961. . 223 1965. . 100 1974 . 310 1975.. 348 1978. . 190 1987. . 311 1995. . Page 349 97 98 151 191 311 350 350 291 99 192 254 254 351 315 312 316 192 315 354 194 255 263 195 354 355 205 101 195 356 201 202 263 264 265 268 206 299 181 238 348 127 91 341 134 339 297 298 203 160 208 332 85 86 135 267 313 135 343 344 82 1997 1999 2001 2003 2004 2008 2010 2028 2033 2049 2050 2055 2063 2069 2083 2088 2105 2107 2108 2110 2136 2142 2153 2154 2175 2176 2180 393 $ INDEX TO ORDINANCES. Page Number Page . 120 . 198 . 228 . 163 . 214 87 . 293 . 137 . 857 89 . 199 . 215 . 352 . . 117 . 234 . 177 . 125 . 368 . 245 . 206 . 358 . 199 . 262 . 221 . 256 90 . 207 2181. 207 2185. 359 2194. 317 2200. 200 2202 . 335 2203 . 117 2208. 360 2222 . 200 2226. 388 2232 . 388 2233 . 389 2237 . 274 2238 . 275 2240. 389 2244. 390 2246. 332 Grade Ordinance.362-367 Width of Sidewalks.. ..368-372 Accepting Streets.372-373 Opening and Closing Sts 373-374 Changing Names of Sts..374-376 Franchises.376 Annexation of Territory..377-384 Water Front.384-386 Boulevard, Park and School Bond.386-387 v Index to Charter. Section Abandonment of franchise.18& Abstract to be made by Assessor.139 Accepting Streets.Sub. 1, Sec. 31 Acid Works.Sub. 15, Sec. 31 Acts of Police and Fire Commissioners subject to approval by Council . . . . ..159 Affidavit— Of bidder. 80 Before receiving salary. 42 City Clerk may take. 39 See “Oaths.*’ Agreements (see Contracts). Mayor to see enforced. 35 Aisles—Obstructions in.Sub. 22, Sec. 31 Alleys—Openings, etc.Sub. 1, Sec. 31 Altering Grades.Sub. 1, Sec. 31 Amusements.Sub. 13, Sec. 31 Anchorage.Sub. 9, Sec. 31 and Sec. 71 Animals, dead.Sub. 19, Sec. 31 Animals, at large.Sub. 16, Sec. 31 Annual Report—Health Department.168 Apparatus, electrical, etc., in streets.Sub. 33, Sec. 31 Application for franchise.Sub. 37, Sec. 31 ,203, Application for Street Improvement. Application of School Fund. Appointment and removal of Clerks and Employees. Approval of demands by Auditor. Approval of Official Bonds. Approval of ordinance by Mayor. Architect— Appointment and duties. Salary, by whom fixed...; .. Term of office. Ashes .Sub. 19, Sec. 31 Assessor (see Auditor). 102 129 204 40 45 21 74 68 76 INDEX TO CHARTER 395 Assessment of property (see “Revenue and Taxation). Section Assessment Roll.138 Basis of Assessment. 147 Duties of Assessor..40, 134, 137-140, 146-143 Equalization. 136, 137, 142, 143 Lands partly outside the city.133 Subsequent Assessment.147, 148 Associated Charities.Sub. 46, Sec. 31 Auditor and Assesor— (See “Assessment of Property”). Annual statement to Council.134 Duties.40, 134, 137-140, 146-148 Election of. 7 Ex-Officio Assessor. 40 Qualifications.200 Reports. 40 Salary.,. 44 » To countersign contracts. 30 Awnings and awning posts.Subs. 3, 20, Sec. 31, and Sec. 71 Award of contract.81, 84 Ayes and noes, Board of Works. 67 Board of Education.113, 130 On veto of Mayor.22, 23 Bailiff of Police Court. 58 Ballast, refuse.Sub. 19, Sec. 31 Bank, loan of City Funds to. 41 Banners and flags in streets.Sub. 3, Sec. 31 Basement, entrance to.Sub. 20, Sec. 31 Basis of Assessment.147 Bells in streets.Sub. 3, Sec. 31 Bells, railroad '.Sub. 27, Sec. 31 Benches in aisles.Sub. 22, Sec. 31 Bequests. 1 Bids, action upon.. .. 81 Check to accompany. 80 Franchises, bids for.Sub. 37, Sec. 31 Notice for.79, 85 Requirements of. 80 Provisions as to.80-83, 86 Births and deaths.178-181 Board of Education.112-133 Application of School Fund.128-129 Ayes and noes.113, 130 Certificates granted. 125 City Board of Examination.125 Claims against School Fund.130, 131 Contagious diseases to be reported.173 Demands against School Fund.130, 131 396 INDEX TO CHARTER. Board of Education—Continued. Section Directoi s, qualifications, terms of office, etc. 112 Election of. ^ Emergency—Expenditures.' ” ’ * ” 132 Extraordinary expenditures. Limit of indebtedness .... ,, .131 Meetings, regular and special. . Money from sales of property.Sub. 14, Sec. 114 New school houses. 119 121 Oaths, Board may administer. 215 Organization. * ’ ’ ’ 223 Pecuniary interest, Directors to have no.. ’ . 123 Plans and specifications for new school house, requisition ^ f ° r .. 120 , 121 Powers and duties. President of Board. Qualifications... 112 , 200 Quorum. Records of Board . Repairs. Report. Report of Superintendent. Requisitions for supplies. 216 Rules of procedure. Salaries, teachers. School Buildings. School Fund . Special meetings, notice of. Superintendent and Assistant.7. . .115 126 Supplies, requisition for. Surplus. Suspension of Teachers by Superintendent. Term of office. Teachers— Employment and removal of.Sub. 2 , Sec. 114 Suspension of. Salaries to be fixed. transfer to School Fund in emergency Vacancies. Vote necessary for action. Warrants. Board of Health. Annual Report. Appointment of Board Births and deaths. Board, how constituted .... . ’ .171 • * • ....179, 180 114 113 200 113 113 122 118 127 117 . .. 113 ... 124 121 , 122 128, 129 . .. 196 127 116, 117 . .. 128 . .. 127 . .. 112 127 124 132 113 113 130, 131 164-184 . .. 168 .. 164 Building unfit for habitation Burial permits. INDEX TO CHARTER 397 Board of Health—Continued. Section Contagious diseases. 172, 173, 174, 175 Dead bodies, removal of.179 Duties and powers.167, 183 Expenses.168, 182 Health Officer and City Physician.169-170 Meetings.166 Mortality records.178 Oaths, members may administer.184 Office, Council to provide.166 Organization.165 Orders, Council to enforce.182’ Permits.179, 180 Permit to connect with sewer.108 Pesthouses.175 Qualifications. 164, 200 Quarantine.174, 176, 177 Regulations, sanitary.177 Rules and regulations.182 Secretary.169 Special meetings.166 Term of office.164 Unhealthful buildings, powers as to.171 Vote necessary for action.165 Board of Police and Fire Commissioners.Secs. 150-163 Acts subject to approval of Council.159 Additional employees.161 Annual reports.157 Apparatus.156, 159 Appointments and removals.154 Claims.158 Contracts let by Board of Works for supplies.159 Custody of property or departments.156 Discipline and punishment.162 Employees, how appointed.154 Estimate of salaries and expenses ..157 Executive sessions.152 Fire Alarm and Police Telegraph..-.157, 159, 160 Superintendent of.160 Fines and forfeitures.162 Fire Department, how constituted.161 Management of.150 Hydrants and cisterns.159 Information to Council.152 Investigations.163 Meetings.152 Misconduct of employees.162 Officers of departments.161 Organization.151 398 INDEX TO CHARTER. V Board of Police and Fire Commssioners—Continued Section Powers of Board.155, 156 President, how elected.151 Quorum, etc. 152 Removal of employees .154, 203 Repairs and alterations.159 Relief fund.162 Rules and regulations.161, 152, 155 Secretary, duties of.153 Special meetings.152 Trials, examinations.162 Term of office.151 Urgent repairs.159 Votes necessary for action.152 Board of Examination, teachers.125 Board of Public Works.7 and 63-86 Affidavit of bidder. 80 Anchorage of vessels.Sub. 9, Sec. 31 and Sec. 71 Architect. 74 Ayes and noes. 67 Award of contract.81, 84 Awnings. 71 Bids.80, 81, 82, 83, 86 Bond.83, 64 Building material and public buildings. 71 Bridges. 71 Cellars and vaults . .. 71 Certificate of completion of contract. 85 Checks.80, 81, 83 City Attorney a Commissioner. 63 City Attorney, contracts under supervision of. 82 Commissioners, how constituted.7, 63 Compensation. 63 Commissioners. 63 Contracts— By whom drawn. 83 Bond accompanying. 83 Cancellation of.' . . go Commissioners not to be interested in. 86 Custody of. 83 Extension of time. 83 For work.78, 79, 83 For supplies.84, 85 Modification of . . ... ..•. 83 Notice of award of. 81 Police and Fire Departments.159 Re-awarding.80, 82 Resolution on completion of. 85 Sureties on. 83 Void, when.82, 86 INDEX TO CHARTER. 399 "Board of Public Works—Continued. Section ^ . .33, 66 , 67, 69 Documents. _ . 71 Drains. Employees— Appointment. Bonds of. ^ „ . .... 76 £ O Engineer, City, a Commissioner. Engineer’s deputies. ^ Electric light poles. ^ Entrances. 1 83 Extending time. • so Erasures and interlineations. 81 Forfeiture of check. 71 Fences and railways on sidewalks. 71 Gas pipes, water pipes, etc. Gutters, etc.*. 70 Harbor and water front. 71 Improvements. Information furnished to Mayor or Council. 66 71 Lamps and lighting. Material and supplies.Sub. 17, Sec. 31, and Secs. 70, 84 Mayor, member of Board. Moving buildings. Meetings. Notices, generally. Notices of proposals. Obstructions. Organization— President, term of office. Secretary, duties of. Parks . Permits. Pipes . Plans, specifications, etc. (school buildings) Poles, posts, etc. Police and Fire Departments, supplies for Powers and duties. President. Printing. Proposals for work. Proposals for supplies and materials . . Public buildings. Public work and supplies. Action upon bids for. Notice of bids for. Qualifications. . . Quorum. . 63 . 71 . 65 . 67 78, 79, 84, 85 . 71 . 64 . 67 . 71 . 71 . 71 . .. 120 , 121 . 71 .160 . . ..66-85, 71 . 64 . 77 .78, 80 . 84 . 71 . . .70, 77, 84 . 81 .. ..78, 79, 84 . 200 . 65 400 INDEX TO CHARTER. Board of Public Works—Continued. Section Railways and railway tracks. Records, documents, etc. 65 66 60 Recommendations to Council.’ * * “ " * ' ’ ?() Reference to Board by Council.. ’* ’ * " ** 1Q2 Repairs, improvements, etc.\ *’ " 71 77 Requisition by Board of Education. 119 ’ 12 0 Resolutions and orders. * * 67 Resolution on completion of contract. 85 Rules and regulations.[ ’ ’ *. ^ Salaries of employees. gg Salaries of Commissioners. * * 44 Schoolhouses, new. .^ Schoolhouses, repairs on .. .. 199 Secretary .... 122 Sewers, power over generally. S ub. 4, Sec. 31, and Sec. 71 Connection, permit for. ^g Sewerage and drainage system. 105-111 Signs. 71 Sinks. . ‘ * ** *• •• •• •• •• • . • • • « ( f t , ## ## f Special meetings. ’ .^g Specifications and drawings. gg Steam boilers.. Steps. ^ Streets, power concerning. 7 ^ Cleaning and repairing. 7 ^ Improvement of.104 .90-100 Superintendent of Public Works. 75 Supervision of public works. 7 q, Superintendent of Streets.. . . . . . . . . . 7 S Supplies and materials.Sub. 17, Sec. 31, and Secs. 70, 84 Telegraph and telephone poles. 7 1 Term of office. 7 Urgent necessity. ’ ' Vaults. . Votes necessary for action. ’ 6& Water front and anchorage. 71 Wharves. * * * * * * * ** • • ** • • • • A • •• •• # . 71 Wires. . 71 Boilers, steam. ~ 0 ' ' * * Bonds, official.45, 46, 64 Bonded indebtedness for improvements . ' .. * 14 $ Accompanying contracts. . Of Health Officer. * ^g^ For public improvements. * 149 Books, documents, etc .. 33, 66 , 67, 69? INDEX TO CHARTER, 401 Section Boundaries of city. ^ Of wards.... • 6 Redistricting into wards. 25 Bribes, working forfeiture of office. 123, 190, 191 Bridges, wharves, etc.Sub. 7, Sec. 31 Buildings, height of.Sub 10, Sec. 31 Vested in city..2, 3 For city offices.Sub. 17, Sec. 31 Wooden.Sub 10, Sec. 31 Obstruction in aisles in.Sub. 22, Sec. 31 Business, regulation of.Sub. 15, Sec. 31 Captains of Police. 44 Canals for terminal use.Sub. 31, Sec. 31 Carriage rates.Sub. 21, Sec. 31 Standing places for.Sub. 21, Sec. 31 Cash in Treasury to be counted. 34 Cellars, entrance to.Sub. 20, Sec. 31 Census Marshals.Sub. 7, Sec. 114 Certified copies of records.192 Certificate of election. 11 Certificate of Assessor attached to roll.138 Cesspools.Sub. 18, Sec. 31 Chairs in aisles.Sub. 22, Sec. 31 Charges and fees.Subs. 21, 36, Sec. 31 Charities, Associated.Sub. 46, Sec. 31 Chuches, exits from.Sub. 22, Sec. 31 Charter, publication of. 26 Cisterns.Sub. 26, Sec. 31 City Attorney. 46 Bond of.45, 46 Duties of.45, 46, 83 Official neglect. 33 Qualifications.46, 201 Salary. 44 City Board of Examination.125 City Clerk, appointment. 39 Duties and powers. 39 Qualifications.201 Salary. 44 Term of office. 39 City Engineer, election of. 7 Fees. 42 Powers and duties. 72 Qualifications.'.72, 201 Salary. 44 City Hospital.Sub. 39, Sec. 31 City Physician.169 (See Health Officer). 402 INDEX TO CHARTER. City School Superintendent— How elected. Salary. Term of office. City Treasury, cash to be counted. Fees, to be paid into. (See “Treasurer.”) Civil Service clause. Claims (See demands). Clerk to Mayor. Clerk to Police Court—Qualifications . . .. Closing- streets. Collections, paid into Treasury. Expenses for street repairs. Collecting- license tax. -Combustibles. Commissioners of Public Works. Comfort, public . . . .. Compensation not to be increased. Compensation,' in eminent domain. Condemnation, for public uses generally . . Sewers. Constitutes exercise of franchise .. . Conduct of officials. Conduits in streets. Connecting and cleaning vaults. -Contracts and agreements— Mayor to see enforced. Councilmen not to have interest in. . When void. For work or supplies. Bond to accompany. Certain, void. Duties of city officers, as to How executed. Lighting streets, buildings, etc. Notice to be given. Officers not to be interest in... To lowest bidder. Water supply for City use . . What to contain. Conveying property, by city. Correction, house of. Corporate identity continued under Charter Councilman, cannot be Mayor. Not to have interest in contract.. .. Council— How constituted. Section .126 . 44 .120 . 34 .Sub. 36, Sec. 31 .206 . 38 .201 .Sub. 1, Sec. 31 . 42 . 71 .Sub. 38, Sec. 31 .Sub. 14, Sec. 31 .63, 64 .Sub. 15, Sec. 31 .201 .Sub. 32, Sec. 31 1, 194 and Sub. 32, Sec. 31 . 110 , 111 .186 .Sub. 36, Sec. 31 .Sub. 33, Sec. 31 .Sub. 18, Sec. 31 . 35 .189 .189 .185 . 83 .82, 189 . 35 . 83 . 28 .185 .86, 123, 189 . 185 . 29 . 83 . 1 .Sub. 45, Sec. 31 .1, 3, 4 . 37 .189 .12, 13 INDEX TO CHARTER. 403 Section 23 13 149 194 111 140 143 135 15 14 37 101 33 107 26 27 Council—Continued. Action by ordinance. Bonds, proceedings to issue. Condemnation for public uses, generally. Condemnation for sewers. Extend time within which act must be done. Equalization of assessments. Funds to be fixed by. How removed. Meetings. Councilman not to be Mayor. Official map to be prepared under direction of. Official misconduct to be laid before. Ordinances, what may enact..31, Compilation of. Enacting clause. Opening streets.91, 96 Penalties for violation of.Sub. 35, Sec. 31 Streets, sidewalks, etc.Subs. 1, 3, Sec. 31, also 87, 102 When action must be by. 23 When to take effect. 24 Papers, enforcing production of. 16 Powers of. ^1 President of .. 1^ Real estate for sewer purposes.HO Quorum. H Rules of proceeding. 16 School Fund, transfer to.132 Special meetings.14> 36, 196 Street improvements, proceedings.. -.102, 103 May purchase property for.HO Tax levy to be fixed by.136 Term of office. 13 Time of meeting. H Vaults for Treasureer. 41 Vote necessary for action ... H Vote necessary over veto. 22 Witness compelling attendance of. 16 Courts.47 and note Courts, rooms for, etc.Sub. 17, Sec. 31 Crossings, danger signals at, etc.Sub. 27, Sec. 31 Crosswalks, repairing, etc..Subs. 1, 5, Sec. 31 Curbstones.Sub. 5, Sec. 31 Custody of property of city.Sub. 47, Sec. 31 Damages in sewer proceedings.Ill Damages to non-consenting owners.Sub. 28, Sec. 31 Dangerous occupations.Sub. 13, Sec. 31 Dead animals.Sub. 19, Sec. 31 404 INDEX TO CHARTER Decency, acts against. s h 1q Deaths.;;;; ^. Sub - 13 > Sec - 31 Defalcation, official. --ITS, 181 Deficiencies. Delivery of roll to City Clerk .... joo Demands— . Auditor to record. ^ Auditor to report to Mayor. ' * * 4Q Health Department. 182 Police and Fire departments. Presentation and allowance. Record of. . 40 School Department. 130-132, Sub. 11 , See. 14 Sewer proceedings. Depositing city money with bank. 41 Deputy City Engineers. Detectives. . 44 District Attorney, official misconduct to be laid before by Mayor 33 Dispensaries. _ .Sub. 6 , Sec. 31 Disuse of franchise. „ n/ , n .. ° S .Subs. 7, 29, 30, 31, Sec. 31 Dockage . ^ -r- . .Sub. 8 , Sec. 31 Donations.. Drainage and sewerage. ... Dynamite. . .... ..105-111 Educational Department. Education (See Board of Education) Election, general, when held. 7 What officers elected. ’ 7 How conducted. 8 Certificate of elecPon. ’ .. n First under Charter. 7 208 Precincts, establishment of. 8 9 Voters, qualifications. ’ 10 Electric lights in streets.7. 7. '.'77 77Sub.'3,'Sec. 31 Electrical appliances in streets. . 33> gec 3l eva e roads. g ec 31 Eminent domain. Sub . 32i Sec 31 _ and geos u U1 Employees— Additional, how authorized. Of Board of Works. Appointment. Removal. Salaries. To have no interest in contract, etc Of Police and Fire Departments .. . Enacting clause. .195 .64, 68, 76 . 68, 204 76, 188,191, 203, 206 .68, 195 .189 .161 . 27 INDEX TO CHARTER. 405 Engineer, City— Section Deputies. 72 Duties and power. 72 Election of. 7 Fees. 42 Qualifications.. 72, 201 Salary. 44 Engine houses.Sub. 29, Sec. 31 Engines, speed of.Sub. 27, Sec. 31 Entrances..Subs. 20, 22, Sec. 31 Equalization of assessments.137, 142, 143 Estimates, by Auditor.134 Examination— Board of. 125 Annual, of accounts. 33 Funds in City Treasury. 34 Executive sessions, Police and Fire Commissioners.152 Exhibitions.Sub. 13, Sec. 31 Experting city accounts.. • • 33 Explosives.Sub. 14, Sec. 31 Extension of time for assessments, etc.140 Extinguishing fires.Sub. 10, Sec. 31 Fares.Subs. 21, 37, Sec. 31 Fees and charges.Sub. 36, Sec. 31 Fees to be paid into Treasury.Secs, 42, 61 Ferries.Subs. 7, 29, 30, Sec. 31 Finance Committee to count funds in Treasury. 33 Fines, Police Court may impose. 52 Fines and fees, paid into Treasury by Justices of Peace. 61 Fines and forfeitures.Sub. 35, Sec. 31, and 142 Fire alarm and Police Telegraph.160 Maintenance.Sub. 23, Sec. 31 Superintendent.160 Supplies.159 Fire Department— Constituted how.161 Chief Engineer’s salary. 44 Employees, additional.161 Fines.162 Officers.161 Relief fund.162 Fires and fire district.Sub. 10, Sec. 31 Fire plugs.Sub. 14, Sec. 31 Fireworks.Sub. 14, Sec. 31 Flags over street.Sub. 3, Sec. 31 Flagmen.Sub. 27, Sec. 31 Forfeiture of check. 81 Forfeiture of franchise.:.186, 189, 205 406 INDEX TO CHARTER. Section Forfeiture of office.41, 86, 123, 189-191 Forgery, reward for apprehension.Sub. 43, Sec. 31 Franchise— Acceptance and work under.186 Bill to grant 30 day limit. 20 District on water front, for.Subs. 29, 31, Sec. 31 Failure to use.186, 2 05 Granting.Subs. 28-32-37, Sec. 31 Street railroads.Sub. 37, Sec. 31 Steam railroads...Subs. 28-32, Sec. 31 Free library.. Freight depots on water front.Subs. 29-32, Sec. 31 Fuel and furniture for offices.Sub. 17, Sec. 31 Fund, Street Department, forfeiture to go to. 81 Funds, condition of. 40 Separate, Council to establish. 135 Vaults for. 42 Garbage.Sub. 29, Sec> 31 Gas light and gas pipes.Subs. 3, 26, Sec. 31 General powers.Sub. 50> Sec> 31 Gifts. 2 Good morals..Sub. i 3> Sec> 31 Grades .Subs. 1, 5, Sec. 31, and 102 Gutters. t .Subs. 5, 18, Sec. 31 Hacks and hack rates.Sub. 21, Sec. 31 Harbor map.Sub. 3i Sec . 3i Harbor and water front. 72 Harbor improvement.Sub. 31, Sec. 31 Health Department. (See Board of Health, Health Office and Health Officer.) Health Office- Burial permits. Council to provide office. Death certificates. Diseases to be reported. Mortality records. Health Officer— Appointment of. Burial permits. Compensation. May administer oaths. Quarantines. Qualifications. Removal permits. Unhealthful buildings. Health, public, power over subjects relating to Height of buildings.. High School Course. Holidays, Justices Court closed on. .179, 180 .166 .179 .172 .178 .169 .179, 180 .169 .184 .176, 177 . 169, 200 .175 .171 .Sub. 15, Sec. 31 ..Sub. 10, Sec. 31 .Sub. 22, Sec. 114 . 59 \ INDEX TO CHARTER. 407 Section Horse troughs.Sub. 3, Sec. 31 Hospitals.Subs. 6, 39, Sec. 31 House of Correction.Sub. 45, Sec. 31 Houses of ill fame .. ..Sub. 13, Sec. 31 Hydrants.Sub. 26, Sec. 31 Ill fame, houses of.Sub. 13, Sec. 31 Illegal demand. 40 Impounding animals.Sub. 16, Sec. 31 Improvements.71, 102, 104 Improving streets, etc.Sub. 1, Sec. 31 Improvement, specific. 23 Industrial training.Sub. 23, Sec. 114 Inspection of improvements.104 Intelligence offices.Sub. 24, Sec. 31 Investigations— Police and Fire Departments.163 School Department.Sub. 2, Sec. 114 Judge of Police Court, qualifications.200 Judicial Department .46, 47, 58, 62 Junk Dealers.Sub. 24, Sec. 31 Jurisdiction— Of Council in street grade matters.102 Of Justices Courts. 60 Juvenile offenders.Sub. 45, Sec. 31 Justices Courts.47, 59-62 Accounts. 61 Jurisdiction. 60 Moneys collected. 61 When to be open. 59 Justices of the Peace.59-62 Justification of sureties. 45 Lands for public buildings.Sub. 40, Sec 31 Lands partly outside of city, assessment of.139 Landing places.Subs. 29-31, Sec. 31 Lanes, opening, etc.Sub. 1, Sec. 31 Laundries.Sub. 15, Sec. 31 Laying out streets.Sub. 1, Sec. 31 Laying tracks on streets.Sub. 28, Sec. 31 Leasing City property.Sub. 47. Sec. 31 Lecture rooms, exits.Sub. 22, Sec. 31 Legal holidays, Justice Court closed on. 59 Legal proceedings in name of city. 35 Levy rate and limit of.136 Liabilities.1-4 Libraries, public.133 Licenses— Auditor to issue. 40 Power of Council as to.Sub. 38, Sec 31 i 408 INDEX TO CHARTER. Section Righting streets and buildings, contracts for. 28 Lights .Subs. 3, 5, 17, Sec. 31 and 71 Limit, certain business.Sub. 15, Sec. 31 Limit, concessions on water front .Subs. 29, 30, Sec. 31 Limit, period of franchise.Sub. 37, Sec. 31 Loan of City Funds to bank. 41 Mains (quality, capacity, location).Sub. 26, Sec. 31 Maintaining City Hospital.Sub. 39, Sec. 31 Malfeasance in office (See “Misconduct”). 33 , 189 , 190 Manufactories.Sub. 16 ’ 31 Manufacture of explosives, etc.Sub. 14 Sec 31 Map, official. 4 q 4 Markets .Sub. 6, See. 31 Map of Harbor improvements.Sub. 31, Sec. 31 Mayor— Approval of bonds (official). 45 Approval of ordinances by. 21 Clerk, may appoint. 38 Communications and recommendations to Council. 33 Duties of. 33 , 35 , 37 , 63 , 86 Expert, may appoint.*. 33 Legal proceedings, to cause when. 35 Public institutions, supervision over. 33 Qualifications. 200 Riot, may suppress by police force. 33 May call upon Governor to suppress. 33 Salary. 44 Suspend officer, when. 33 Term of office. 32 Urgent necessity, fund to be expended under direction of .Sub. 44 , Sec. 31 Vacancies in office, when to be filled by.. . Vacancy in Mayorality, how filled . Mechanical appliances in streets. Meetings, Board of Works. Meetings, Council (special). Member of Council not to have interest in contract Miscellaneous provisions. Misconduct— Employees, Police Department. Employees, Fire Department. Officers. Mayor’s duty in reference to. Misdemeanor, jurisdiction of Police Courts over .. Money of City— Where kept. Paid into Treasury. Counting in Treasury. . 202 . 37 Sub. 33, Sec. 31 , .. 65 . . . 36 .. 189 185-208 .162 .162 86, 123, 189 . 33 .... 49 41 42 34 INDEX TO CHARTER- 409 Morals, practices against good. Morgue. Mortgage, real property . Municipal licenses. Naming of streets, etc. Navigation, obstruction to. Necessity (urgent) fund. Nitro Glycerine.. Noises—cries, advertising. Notice— Posting... Publication. Of application for franchise. Of Franchise. Of delivery of roll. Secretary of Board of Public Works to give Of bids for work or supplies. Of sale of property. Of special meetings of Council. Nuisance, Council to declare. Nuisances (parades and processions). Numbering streets and houses. Oath, official. Form of oath of office. Who may administer— Auditor. Board of Education. Chairman Council Committee. City School Superintendent. President of Council. Police and Fire Commissioners. Objections of Mayor—passing bill over. Obstructions in aisles. Obstructions to streets. Occupations. Offensive trades. Official oath. Official bonds— Amount . .. Approval of . Custody of. Drafting of. Effect of filing. Official conduct, rules for. Office hours . Office— Limitation on creation of. Vacant, when deemed. Hours. Section . .Sub. 13, Sec. 31 ..Sub. 11, Sec. 31 . 1 ..Sub. 38, Sec. 31 . . . Sub. 3, Sec. 31 . . . .Sub. 9. Sec. 31 . . .Sub. 4, Sec. 31 . ..Sub. 1, Sec. 31 . . Sub. 3, Sec. 31 ...197 .198 ..Sub. 37, Sec. 31 . . . .Sub. 28, Sec 31 .138 . 67 .185 .185 .36, 196 Subs. 11, 48, Sec. 31 ..Sub, 48, Sec. 31 . . . .Sub. 3, Sec. 31 .. . . .43, 199 . 43 . 40 .115 . 17 ,.115 . 17 .163 .21, 22 . ..Sub. 22, Sec. 31 . ..Sub. 28, Sec. 31 .Subs. 13, 15, Sec. 31 Subs. 13, 15, Sec. 31 .' 43 . 45 . 45 . 45 . 46 .199 _Sub. 36, Sec. 31 .193 .. . . . . 195 .188, 202 .193 410 INDEX TO CHARTER. Officers— Section Accounts of, experting. 33 Affidavit before receiving salary. 42 Compensation not to be increased.201 Elected at general election.. . 7 Fees and charges.Sub. 36, Sec 31 Misconduct, duty of Mayor. 33 Not to have interest in contract. 86 , 123, 189 Office hours. 193 Other office, not to hold.188 Qualifications.200, 201 Qualifiying, failure to.202 Removal of. 35 , iss, 202 Removal from City.202 Rooms for.Sub. 17, Sec. 31 Suspension by Mayor. 33 Terms of office. 199 To report violation of contract to Mayor. 35 Opening streets.Sub. i, Sec . 31 Ordinances— Approval by Mayor. 21 Council to act by ordinance or resolution. 23 Continued in force from adoption of Charter.207 Council to act by ordinance only, when. 23 Council may pass on what subjects ..*.31, 107 Classification and compilation of. 26 Enacting clause. 27 Granting franchise.Sub. 28, Sec. 31 One subject only to be included in. 19 Subjects on which ordinances may be enacted. .Subs. 1-50, Sec. 31 Streets, sidewalks, etc. Street opening. Signed by President of Council Title of ordinance. Violations—penalties. When to take effect. When action by ordinance only Papers— Subs 1, 5, Sec. 31, 87, 102 .90, 96 . 21 .18, 19 .Sub. 35, Sec. 31 . 24 23 Compelling production of papers, records, etc. 16 Filing and recording of. ..I45 What kept by Board of Public Works. 66 6Q What kept by City Clerk. 39 Parades and processions.Sub. 48, Sec. 31 Parks, altering, repairing, etc, walks in.Sub. 1, Sec 31 Parks, acquiring land for and improving.Sub. 40, Sec. 31 Passenger depots.Sub. 29, Sec. 31 Pavements regulating.Sub. 4> Se c. 31 Pawnbrokers.Sub. 2 4 . Sec. 31 INDEX TO CHARTER. 411 Section Penalties. Penalties, violating water rate ordinances. Period of fi'anchises. <. . Permits. . • . * . Petition for franchise . . . . . Piers.. Pipes in streets . Placards.. ,. Plan of Harbor improvements.. Plaza, altering, repairing, etc., walks in. Poles, telegraph and telephone. Police Court. Police detectives. Policemen, detail of as captains.. Police and Fire Departments. Board of Commissioners, etc— (See “Board of Police and Fire Commissioners Sub. 35, Sec. 31 Sub. 25, Sec. 31 Sub. 37, Sec. 31 . '. . . 108 Sub. 28, Sec. 31 .Sub 7, Sec. 31 .Sub. 33, Sec. 31 . .Sub. 3, Sec. 31 Sub. 31, Sec. 31 Sub. 1, Sec. 31 Sub. 20, Sec. 31 . . . 47 and note . 44 . 44 .150, 183 Police Department— Constituted how. Additional employees. Captains of Police . . . Detectives.. . Fines for misconduct. Officers and policemen, number, etc. Relief fund. Salaries. Special policemen. Salaries of. Police force in time of riot, Mayor to call on . . Police judge. Police regulations, generally. Police telegraph— Maintenance. Superintendent of. Supplies for. Polluting stream. Posting notices. Pound . Powder, sale, storage, use. Powers— Of Board of Public Works (See “Board of Public Works.”) Of Council. Powers and duties relative to revenue and taxation Posting notices (see “Notice.”). Pound, Council to establish. Precincts, election. 161 161 44 44 162 161 162 44 155 155 33 Sub. 50, Sec. 31 Sub. 23, Sec. 31 .100 .159 .Sub. 19, Sec. 31 .197 Sub. 16, Sec. 31 .Sub. 14, Sec. 31 Sub. 1-50, Sec. 31 .137 .197 Sub. 16, Sec. 31 .8, 9 412 INDEX TO CHARTER. President, Board of Public Works. President, Police and Fire Commissioners President of Council— Election of. May administer oaths. May call special meetings. Sign ordinances. To act as Mayor, when. Printing, public. Section . 64 .151 . 15 . 17 . 14 . 21 . 37 Sub. 17. Sec. 31 Private sewers and drains.. joj 11() Privileges on water front.Sub. 30, Sec. 31 Prohibiting certain occupations.y U b. 15 , Sec. 31 Property, city may hold.. Proposals-^ For work .78, 80 For supplies and materials . 84 Public Buildings. ^ Lands for.Sub. 4Q> gec> 31 Public comfort. Sub . 15, Sec. 31 Public halls, entrance, exit.Sub. 22 , Sec. 31 Public health.Sub. 15> gec 31 Public work, to be under supervision of Board of Public Works.. 70 Publication of notice of application for franchise.. ..Sub. 37, Sec. 31 Public institutions generally. . 6 ’ Sec ' 31 Public order.Sub. 13j gec . 31 Public places, repair of.. Sub . 7, Sec. 31 Public safety.Subs. 13, 15, Sec. 31 Public uses, lands for. ....Subs. 31, 40, Sec. 31 Pumps, construction and repair.Sub. 26 Sec 31 Public works (see “Board of Public Works.”) Board created. ~ 0 * * * * bo Superintendent of Public Works— * . Appointment. Duties. Salary. ’ 6g Qualifications. Term of office. ’ Publication— /b Notice by Board of Public Works Of notice how made. Of ordinances. Public libraries. Qualification of officers. Qualifying by taking oath. Quorum— Board of Public Works. Board of Police Commissioners . .. Board of Education. Council. . .67, 78, 84 .198 .. .. .. 23 .133 199, 200, 201 . 202 . 65 .152 .113 ...... 14 INDEX TO CHARTER- 413 Rails, character and quality of . . Railroads— Danger signals. Steam (see “Steam Railroads.’’) Horse. Crossings. Terminal facilities. Railway engines, speed of.. Railways, franchise. Repairs between tracks. Streets, franchises on. Rates, carriage. Fare. Water. Street railways. Lighting. Taxation. Reading rooms. Real estate, sale for taxes. Records— Board of Public Works. Copies of. Duties of Clerk as to. Fees for copies. Inspection by public. Section Sub. 37, Sec. 31 .Sub. 27, Sec. 31 .Sub. 27. Sec. 31 . 187 Subs. 29, 30, 31, Sec. 31 .Sub. 27, Sec. 31 .Sub. 28, Sec. 31 .Sub. 34, Sec. 31 .Sub. 37, Sec. 31 .Sub. 21, Sec. 31 ..Subs. 21, 37, Sec. 31 .Sub. 25, Sec. 31 .Sub. 37, Sec. 31 . 28 .136 . 133 .142 192 39 192 192 Inspection by Mayor. 33 Redistricting the city into wards. 25 Reformation of Juvenile offenders. Sub 45, Sec. 31 Refusal to grant franchise . Sub 37, Sec. 31 Register, great. Regulating streets. Sub. 1, Sec. 31 Rejecting demand (Auditor). 40 Rejecting bids for franchise. Sub. 37, Sec. 31 Relief Fund (Fire Department).102 Redemption of bonds.135 Repairs to school houses.122 Removal of officer or employee. 35, 203-206 Repairing streets, walks, etc.Sub. 1, Sec. 31 Repair of cisterns ; hydrants, fire plugs, etc.Sub. 26, Sec. 31 Repair between tracks.Sub. 34, Sec. 31 Report of Auditor. 40 Requisition for supplies by Council.Sub. 17, Sec. 31 Resolution requiring notice of application for franchise. .Sub. 37, Sec. 31 Resolutions and orders of Board of Works to be recorded. 67 Rewards, for conviction of forgers.Sub. 43, Sec. 31 Revenue and taxation.134-149 Abstract to be made by Assessor. 139 Assessor to complete assessment roll.138 414 INDEX TO CHARTER. Revenue and taxation—Continued. Section Assessment, equalization, sale and redemption of property. . 137 Auditor to transmit estimates. 134 Basis of taxation. 147 Bonded indebtedness for improvements. 149 Certificate of assessor attached to roll . 138 Council may extend time for any act.140 Deficiencies. 135 Delivery of roll to City Clerk.138 Equalization. 137 Estimates to be made by Auditor. 134 Fines and forfeitures. 142 Lands partly without the city. 139 Levy Made.. Notice of delivery of roll. 138 Papers and instruments, filing and recording.145 Powers and duties.137 Rate of taxes fixed.130 Redemption of bonds. 135 Sales for taxes, real estate.142 Separate funds. 135 Statement. 137 Statement of State Officer or Board.144 “Subsequent assessments”. 147 , 148 Tax Collector settle with Auditor ... 141 Tax Collector to pay into Treasury.141 Tax rate of previous year on personal property to govern Assessor. 145 Transfer of funds. 135 Rewards, Council may offer when.Sub. 43, Sec. 31 Rights and liabilities. 1-4 Riots. 33 Rules and regulations (Board of Works). 64 (Council). Sub. 49, Sec. 31 Rules governing official conduct.Sub. 36, Sec. 31 Running at large, animals.Sub. 16, Sec. 31 Safes, for city funds. 41 Safety switch and signal system.187 Safety, public..Subs. 13, 15, Sec. 31 Salary, when withheld. 42 Salaries, schedule of official.44, 63 Additional employees. 195 Affidavit before receiving. 42 Councilmen. 44 Demands. 40 Employees, Board of Public Works. 68 Health Officer.169 No increase of, permissible. .201 INDEX TOCHARTER. 415 Salaries—Continued- School teachers. Withheld when. Sales, of municipal property— Power in Council to regulate. To be by public auction. Notice of. Of school property. Sale of lost or unclaimed property. Sale of taxes. Sanitary regulation, generally. School books for indigent pupils. School Census Marshals. School building (new) (see “Board of Education. School Directors (see “Board of Education.”).. .. School Fund (see “Board of Education.”) School libraries. School Teachers— Employment and removal of. Suspension of. Salaries to be fixed. Seal, corporate.. Secretary Board of Public Works. Separate funds, Council to establish. Section .Sub. 2, Sec 114 .42 Sub. 47, Sec. 31 and 1 .185 .185 . . . .Sub. 14, Sec. 114 .. ..Sub. 47, Sec. 31 .142 .Sub. 50, Sec. 31 .Sub. 17, Sec. 114 .Sub. 7, Sec. 114 ”) . 121 . 112 .Sub. 16, Sec. 114 .. ..Sub. 2, Sec. 114 .127 .124 .1, 39 . 64 .135 Sewers and drainage— Condemnation for.HO* m Duties of Superintendent of Streets as to. 73 Powers of Board of Public Works as to.105-111 Powers of Board, of Health as to. 167 Powers of Council as to. .Subs. 4, 5, 18, Sec. 31, and Secs. 105-107,110,111 Shipping, anchorage.Sub. 9, Sec. 31 Shops, railroad, etc.Sub. 29, Sec. 31 Sidewalks, entrances from.Sub. 20, Sec. 31 Sidewalk, interference by electric appliances.Sub. 33, Sec. 31 Sidewalks, straightening, widening, improving, etc . . . . Sub. 1, Sec. 31 Signs, sign posts, awnings, etc.Sub. 3, Sec. 31 Signal bells.Sub. 33, Sec. 31 Signal warning.Sub. 27, Sec. 31 Sinks, construction, repair, etc.Sub. 18, Sec. 31 Slaughterhouses.Sub. 15, Sec. 31 Slips.Sub. 7, Sec. 31 and Secs. 29, 30, 31 Special meetings.14. 36, 196 Special policemen.Sub. 4, Sec. 155 Sprinkling.Sub. 5, Sec. 31 Specific improvement. 23 Speed of railway engines.Sub. 27, Sec. 31 Stands for hacks.Sub. 21, Sec. 31 416 INDEX TO CHARTER. Section Stationery, for public use.Sub. 17, Sec. 31 Steam boilers.Sub. 2 0, Sec. 31 Steam railroads.Subs. 28, 29, Sec. 31 Speed of.Sub. 27, Sec. 31 Franchises.Subs. 28-32, Sec. 31 Interlocking system at crossings.187 Terminal facilities for.Subs. 29, 30, 31, Sec. 31 Franchise district.Sub. 29, Sec. 31 Steam whistles.;.Sub. 3, Sec. 31 Stolen property, sale of.Sub. 47, Sec. 31 Stools, etc., in aisles.Sub. 22, Sec. 31 Storage of explosive, etc.Sub. 14, Sec. 31 Straightening streets, etc.Sub. 1, Sec. 31 Stream, pollution of.Sub. 19, Sec. 31 Street railway franchises.Sub. 37, Sec. 31 Street, between railway tracks.Sub. 34. Sec. 31 Constructing appliances on.Sub. 33, Sec- 31 Crossing, signal, bells, etc.Sub. 27, Sec. 31 Elevated and underground roads.Sub. 29, Sec. 31 Opening, laying cut, etc.Sub. 1, Sec. 31 Regulating.Sub. 3, Sec. 31 Streets, sidewalks, etc— Duties of Superintendent of Streets. 73 , 104 Improvements, proceedings for.101, 103 Improvements, purchase of property for. 110 Ordinances as to.Subs. 1, 5, Sec. 31, and 87, 102 Opening of.'.sub. 1, Sec. 31 and 87 Power of Council over.Sub. 1, Sec. 31, and 103 Pavements, regulation of.Sub. 5, Sec. 31 Traffic in.Sub. 2, Sec. 31 Street Department Fund, forfeiture to. 81 Street grades and improvement.102, 104 Street map.201 Supoenas in certain incestigations. 163 Superintendent of Public Works, powers and duties. 75 Succession. Sue, city’s right to. 2 Superintendent of Streets— Appointment. 73 Duties, powers and liabilities. 73 , 204 Salary.’ 44 Term of office.|. 7 Supplies and materials.Sub. 17, Sec. 31, and 70, 84 Contracts for . . 185 Sureties on official bonds. 45 Justification of. 4 g Qualifications of . . .. New sureties. 45 INDEX TO CHARTER. 417 Section 33 Suspension of officer. Tannaries. Sub ' 16 ' Se0 ' 31 .134 •Assessment for. Limit of rate... Taxes, license, collection of.Sub. 38, Sec. 31 Taxes, sale of real estate for. Tax Collector (see “Treasurer”)— To receive licenses from Auditor.• 40 _ . 41 Treasurer is ex-officio. ^ 136 Teachers (see “School Teachers”) Telegraph appliances in streets .^ ub - 33 > Sec - 34 Telegraph posts.Sub. 3, Sec. 31 Telegraph and telephone poles and wires.Sub. 20, Sec. 31 Telegraph and telephone wires.Sub. 3, Sec. 31 Telegraph, police.Sub. 23, Sec. 31 and 159. 160 Telegraph wires.Subs. 3, 20, Sec. 31 Terminal facilities.Subs 29, 30, 31, Sec. 31 Theatres, entrance and exit.Sub. 22, Sec. 31 Time, franchise it to run.Sub. 3<, Sec. 31 Title of ordinance. Tolls Sub. 8, Sec. 31 Traffic in streets, regulating. Sub - 2 > Sec - 31 Transfer of funds. 43 ^ Transportation of explosives, etc.Sub. 14, Sec. 31 Treasurer, election of. Custody of city moneys. 41 Council to provide vaults for. 41 Approval of City Attorney’s bond by. 40 Duties and powers. 44 » 4, ^» 442 Ex-Officio Tax Collector. 41 Qualifications. 200 Salary. 44 Treasury, cash to be counted. y . 34 Condition of. 4< ^ Fees and collections. 42 Fees paid into.Sub. 36, Sec. 31 Warrants on. 4( ^ Trust, city’s power as to. 1 Trust, confided to city. Sub - 42, Sec> 31 Tubes in streets.. Sub - 33 ’ Sec> 31 Two-thirds vote, when required.Sub. 28, Sec. 31 Underground roads.Sub. 29, Sec. 31 Urgent Necessity ..Sub. 44, Sec. 31 Use of streets, sidewalks, etc.Sub. 3, Sec. ol Uses, public. 4 418 INDEX TO CHARTER. Vacancy in office. Filled how. Council may create When exists . . Mayoralty. Section ..37, 202 . . .. 202 .... 45 . .188, 202 .... 37 Vacated office, Council may declare Vacating- walks, avenues, etc.Sub. 1, Sec. 31 Vaults .Sub. 18, Sec. 31 Vaults for city funds. ^ Vehicle, rates for.Sub. 21,’Sec. 31 Vehicles, stand for .Sub. 2 l, Sec. 31 Vessels, anchorage.Subs. 9> 31> gec 31 Vessels, dirt, ballast, refuse, etc.Sub. 19, Sec. 31 ested rights in city to be continued under Charter Veto by Mayor. Ayes and noes on. Passing bill notwithstanding veto . . . Void franchise. Voters, registration of. Wards, division of city into. Redistricting. Warehouses on water front. Warning signs on streets. Warrants, drawing, signing, etc. Washhouses. Water, Council to provide. Rates, Council to fix. Rates, amount of for city purposes . . . For public buildings and places . . Pollution of. For streets. Water front, map to be prepared. Plans of improvement. Use of by corporations. Water pipes, quality, capacity, location, etc Wells. Wharfage '. Wharves. Wharves, refuse from. Whistles, steam. Widening streets. Width of sidewalks and streets, determining Wires, in or over streets. Wires, telegraph and telephone. Witness, Counsel may compel attendance of. . Wooden buildings. Work, contracts for. Workshops, railroads, etc. Works, regulation of. . 21 , 22 . 22 . 22 .189 . 10 .6, 25 . 25 .. ..Subs. 30, 31, Sec. 31 .Sub. 33, Sec. 31 • • • *. 40 .Sub. 15, Sec. 31 .Sub. 41, Sec. 31 .Sub. 25, Sec. 31 .Sec. 29 .Sub. 26, Sec. 31 Sub. 19, Sec. 31 .Sub. 5, Sec. 31 .Sub. 31, Sec. 31 .Sub. 31, Sec. 31 .Sub. 29, Sec. 31 .Sub. 26, Sec. 31 .Sub. 18, Sec. 31 .Sub. 8, Sec. 31 Subs. 7, 29, 30, 31, Sec. 31 .Sub. 19, Sec. 31 .Sub. 3, Sec. 31 .Sub. 1, Sec. 31 .Sub. 1, Sec. 31 .Sub. 33, Sec. 31 .Subs. 3, 20, Sec. 31 . 16 .Sub. 10, Sec. 31 .185 .Sub. 29, Sec. 31 .Sub. 15, Sec. 31 Index to Ordinances. Note—References are to pages of this volume. Abondoning portion of certain streets Acceptance of Improved Streets Accepted Streets, list of. Adulterated or Unwholesome Milk . . Page . ..135-136 . 175 .372 243-244, 253 Advertising— —On Bill Boards—License. —On Sidewalks . —Trees, Fences, etc. —By Devices, Transparencies,' Banners, etc Advertising Agents, License Fee . ..... Air, Cubic Feet of in Sleeping Rooms. Air Gun . Aisles, Obstacles in . Alameda Bridge, Regulating Use of . . 117 .. . 326, 350 117, 201, 326 . 326 . 109 . 224 . 337 . 342 . 333 Animals— —At Large . —City Pound . —Dead . —Diseased or Disabled. —Meat of . —Driving through Streets. —Estrays . —Glanders . —Impounding . —Keeping, Regulating .. —Number per Block . —Sanitary Condition . —Killing by Poundmaster . —Sales of by Poundmaster . —Redeemption of by Owner . . . . —Stallions, Bulls, Jackasses, etc. —License Fee for . —Untied Animals on Streets . Annexed Territory, Ordinances Relating to Anvils, Discharging . Application for Liquor License . .277, 320, 321 . 276 . 279 242, 243, 244, 253, 320, 321 . 231 .140, 148 . 277, 280 .242, 320 .277-280 .233-234 .229-230 .233-234 . 277 . 277 .277, 278 . 320 .112, 114 . 333 . 383 . 335 . 118 420 INDEX TO ORDINANCES. Artificial Stone Curb (Specifications for) Ashes . Assayers, License Fee . Assistant Engineer (Fire Department) Assistant Sanitary Inspectors . Astrologers, Licensee Fee .. Auctioneers, License Fee . Auditor, Form of Requisition . —License and Tags . —Free License . —Requisition Blanks . Authorizing the Use of Certain Land for Free Libarary Automobiles . Awnings . Bacteriologist. Badges, License to be Worn . —Tax Collector to Furnish . Bail Moneys . Ball Rooms, License Fee . Ball Playing .... Bankers, License Fee . Banners . Barns, Lodging in . Bars, Open When . Basalt Blocks (Specifications) . Bathing in City Limits. Bay Windows . Bets, See “Pools” .!. Beef, Freshly Slaughtered . Bicycles.. Bill Boards— —Advertising on . —License Fee . Bill Posting, License Fee . Billiard Tables, License Fee . Bills Against City, Verification of . Birds ... Births, Reporting . Bituminous Walks (Specification) . —Not to Injure . Bituminous Paving (Specifications) . —Not to Burn Rubbish on . Blank Licenses, Auditor to Prepare .. Block, Defined for Certain Purposes . Page . 155 139, 214, 255 . 110 . 99 . 91 . Ill . 110 • • •. 100 . 104 . lOfi . 100 • Site.137-138 . 358 159, 160, 181, 182 . 86 .108, 109 . 107 . 359 .. Ill . 140- . 110 . 327 .. 322 . 348 . 169 . 354 .138, 140 . 339 . 268 . 201 . . . 117 ... 117 ... 109 ... 110 ... 322 . .. 317 . . . 235 148-149 ... 150 ... 173 ... 149 ... 104 ... 119 Board of Public Works— —See “Obstruction to Orders” —Permits— INDEX TO ORDINANCES. 421 Board of Public Works—Continued. Page —Permits—Building Material on Street. 164 —To Cut Down Trees . 317 —To Burn Rubbish . 149 —To Dig Street or Walk. 150 —To Construct Walk or Curb .156-157 —For Private Sewer.151, 162-163 —For Laying Pipe, etc. 151 —Removal of Buildings . 178 —'For Metal or Wooden Doors. 212 —Secretary to Issue . 181 —Secretary of, Salary . 82 —Selling Condemned Material . 96 —See “Supplies” Board of Police and Fire Commissioners— —Permits, Sparring Exhibitions . 360 —Supervision over Saloons . 121 —Obstructing Orders of. * ■ ■ ■ 95 —To Appoint Additional Men .204-208, 388 Board of Health— —Bacteriologist. 66 —Chemist . 65 —Permits— —See “City Physician” —Secretary of Board, Salary of . 63 —Sanitary Inspector . 96 —Assistant Sanitary Inspectors . 91 —See “Health Department” Boilers (Steam) in Fire Limits . 223 Bond Ordinances, Boulevard, Park and School . 386 Bond—- —Application to Sell Liquor. 119 —Same Forfeited When . 120 —Construction of Sewer . 163 —License Inspector . 64 —Plumbers . ^4^ —Poundmaster. 276 —Sanitary Inspectors . 91 Boats, Dockage, etc ..269-273 —License Numbers on .167, 122, 123 —License Fee .122-124 —Numbering and Lighting . 122-124 —On Lake Merritt . 356 Books and Stationery for Departments .95, 100 Boundary of Lake Merritt . 659 Bow Guns . 33 < Bow Windows .138, 140 Bowling Alleys, License Fee . H6 Boys, See “Minors” 422 INDEX TO ORDINANCES. Boulevard, Use of . Boulevard Ordinances .. —Twelfth-street Dam, to be . Bridge, Protection of . Brokers, License Fee . Buildings— —Numbering. —General Provisions as to . —Defacing by Advertising on . —Encroaching on Street lane . —In Fire Limits, see “Fire Limits” —Unfit for Habitation . —Material on Street . —Public, Expectorating on Floors or Steps of —Removal of . Building Material on Street, Light on . —Permit to Place . Buffers, see “Railroads.” Buggy, Cleaning on Street . Bulls. —License Fee. —See also “Animals” and “Cattle” Bunkers (Coal) . Burials, Permits for . —Contagious Diseases . Burning Rubbish . r . Canada Thistle . Cannon, Discharge of . Captain of Police to Direct Stands of Vehicles . Car, License Fee .. —See also “Railroads” Carriage, see “Vehicle” —Cleaning in Street . —Standing in Street . —Stands for . Catch Basins (Specifications) . Cattle in Street . —See “Animals” Cattle, Number on Block . Cellar Doors in Sidewalks . Cement Walks (Specifications) . Cement Curbs (Specifications) . Cess Pools . Chairs, etc., in Aisles . Changing Tracks, see "Railroads” Changing Names of Streets. Chemical Engine Companies, Fire Department— —Salaries . Page 191-192 ... 386 ... 199 ... 333 .. . 110 285 326 138 . 240 .139-140, 164 . 332 178-180, 219, 222 . 140 . 164 . 139 .320 . 112 . 275 . .. 233 . 232 . 149 . 354 . 335 . 143 . 114 .... 139 .... 139 ... ; 144 . ./. 186 143. 148 .229-230 .... 140 .... 154 .... 155 167, 224 .... 342 3 27. 134. 374, 376 84 INDEX TO ORDINANCES. 423 Chemist . Chimneys ... China Bombs ... Chinese Interpreter . Chief of Police— —To Report Places Where Liquors Sold —Suspension for Neglect so to do . —Order of Processions . Cholera, see “Contagious Diseases" Churches, Egress and Chairs in Aisle. Cigarettes, Smoking by Minors . Circus, License Fee . City Engineer, Duties . —Fees of . City Hall—Seat of Government . —Janitor of .... . —Night Watchman of. City Pound . —Poundmaster Provided for . —Fees of . —Bond of . —Animals Subject to be Taken. —Notice of Taking Animal . —What Animals to be Destroyed . Page .... 85 .. . . 218 .... 349 . 97 _ 121 _ 121 . . . . 139 ..... 342 .... 328 _ 111 . ... 94 . . .. 93 .... 81 .... 98 . . . . 97 276, 280 - 276 .277-279 .... 276 .276-280 _ 277' —Veterinary Surgeon to Examine Animals.. 277 —Owner Reclaiming . 277-278 —Dogs Taken to, When . 278 —Selling or Killing Animals . 277-278 —Young Dogs Exempted From . 278 —Animals, Dead on’Premises . 279 —Taken by Poundmaster, When . 277 —Failure to Bury on Premises .. 279 —Report of Poundmaster .. 280 —Poundmaster to Notify Captain of Police Before Killing Animal . 280 City Numberer . 285 City Prison, Passing Liquors into . 324 —Taking Opium into . .329 City Supplies— —Contracts for (in excess of $100) by Board of Public Works. . 95 —Requisitions for . .|. 100 —Approved by Council, When ... 100 —Approved by Finance Committee, etc. 100 —Receiving and Weighing . 345 City Physician or “Health Officer"— —Duties of .89, 236 —Inspection of Infected Premises by . ............... 236 424 INDEX TO ORDINANCES. City Physician or “Health Officer”—Continued. Page. —Placards on Infected Premises by.236, 238 —Quarantine Established by .236, 238 —Salary of. 82 Sanitary Inspectors under Orders of . 90 City Wharfinger . 269 —Bond of . 269 City Wharves— —City Wharfinger, Powers, Duties, Salary . 269 —Damages by Vessel.269, 273 —Dockage Fees. 271 —License Fee. 124 —Rubbish on . 273 —Steam Engines on, Regulated . 273 —Tolls and Fees . 271 —To be Kept in Good Repair. 33 7 Claims against City— —Requisition to be Attached . 100 —Verification of . ,322 Clairvoyants, etc. Ill Clothes, Cleaning in Streets . 139 Closing Streets—List of Ordinances . 373 Coal Bunkers . 275 Coal Oil, Storage of . 341 *■ Cocaine . 227 Combustible Material (Storage of) .323, 327, 340, 341 Concealed Weapons . 334 Concert Halls, License Fee . 115 Concrete—for Curbing . 155 —For Street Work (Specifications) . 174 Condemned Material, Sale of . 96 Contagious Diseases—• —Physicians to Report Cases of . 230 —Typhus, Yellow Fever, Asiatic Cholera, Small Pox, Diph¬ theria, Scarletina, Typhoid, Malarial Fever.230, 232 —Householder to Report Same . 230 —Dead Body, Bringing Into City . 236 —Deaths From, to be Reported . 230 —Immediate Burial . 232 —Hospital for . 236-237 —Quarantine .236-237 —Lower Animals Having . 242 —Fumigation . 263 Contract for Supplies. 95 Contract, Street Work .157, 167, 177 Corporation Yard . 101 Corpses . 233 Corrugated Iron (Fire Limits) . 223 INDEX TO ORDINANCES. 425 Page ■Coupon, on Sale of Goods .•.. 848 Courts, Supplies for . 499 Cows— —Number of per Block ..• 229-230 —Sanitary Conditions Where Kept .233-234 —Impure or Diluted Milk .'.243-244 —Running at Large .277, 320, 321 —Driving Through Streets . 148 —Staked Out in Certain Places .148, 277 Cream, Impure, etc.243-244 Crematory, Garbage . 251 Crosswalks (Specifications).148-154 —Obstructing . 449 > 899 Crowds in Streets, to “Move On” .. 141 “Cubic Air Ordinance” . 224 Culverts (Specifications) .169-171 Curbs (Specifications) ..155-168 —Granite Within Fire Limits . 45 ‘ —Grades in Annexed District . 499 * \ “Curfew” Ordinance . 829 Dairies—• —Selling Impure or Diluted Milk .243-244 —Registry at Health Office.•. 248 —“Skimmed Milk” . 244 —Diseased Cows, Milk from .. 244 —Right of Inspection . 244 —Analysis of Milk . 244 —Employes with Contagious Disease . 244 —Inspector of Milk, etc., Duties, Salary. 253 Dam, Twelfth Street, a Boulevard . 499 Dance Houses . 848 —License Fee . 444 Dead Animals. 279 Dead Bodies— Burial, Immediate, when . 232 —Burial, Permits for. 288 —Contagious Disease, Body brought into City .•. 236 —Transporting Foreign Dead Body through Streets, Permit for 233 Dedication of Land for Streets (Acceptance of) .134, 200 Defacing Walks, Fences, etc., for Advertising . 350 Demands Against City— To be Accompanied by Requisition . 490 —Verification of . 822 Deposit of Ashes . 489 ’ 244, 2 ^ 426 INDEX TO ORDINANCES. * * • . j . * Deposits on Construction of Walks and Curbs —On Construction of Private Sewer —By Companies Using’ Poles . —On Digging Up Street or Walk. —On Laying Gas, Water, etc., Pipes . .. —On Refilling Excavations . Detectives . Digging Roadway or Walk . Diphtheria, see “Contagious Diseases”— Disabled Horses at Large. Discharge of Cannon . —Of Firearms.; # —Of Fireworks . —Of Firearms by Minor . Page . 156 .151, 162, -16a . 188 .151, 162-163 . .150-151 .151, 162-163 .. 207 150, 151-153, 195-197 .320, 321 . 335 . 335 . 335 •. 336 Diseases, see “Contagious Diseases”— Diseased Animals. —Anthrax . —Glanders.' —Farcy, Foot and Mouth Disease . —Hydrophobia. —-Pleuro-Pneumonia . —Tuberculosis, Texas Fever .. . . —Poundmaster to Kill, When .. . —Worn Out or Diseased Not to be at Lar —Actinomycosis . —Veterinary Surgeon to Report Cases of Disinfection. Dockage, Generally. —Fees, Tolls . Docks . —Rates, Tolls, etc. —How Kept in Repair . —License Fee . Dogs— • .242, 243, 244, 253, 320, 321 . 242 .242, 320, 321 . 242. . 242 . 242 . 242 . 277 Se . 320-321 . 242 .. 242 .. .... 263 .269-273 .269-273 .269-273 .269-273 . 337 . 124 —At Large . —Impounding . —License Fee . —Licensing .. —Register of . —Vicious to be Killed . —Young Dogs Exempted Dog Tags—- —Auditor to Prepare 278 278 111 102 102 102 27S 104 INDEX TO ORDINANCES. 427 Dog Tags—Continued Page —Tax Collector to Procure . 102 —Tax Collector to Register . 102 Doors, in Fire Limits .-.. 211 —In Public Buildings . 342 Doorstep on Street. 139, 140 Drains and Sewers, Drainage and Plumbing of Buildings. .'.226, 234, 239, 245, 264-265 —Emptying on Streets Prohibited . 226 —Inspection of Work . 245-252 —Plans and Drawings .227, 245, 252 —Rules Governing Laying of . 245-252 —Specifications .245 —Work Condemned . 252 —Material, Quality of.245-252 —Street Connection . 246 —Private Sewer Connection . 246 —Crossing Lots Forbidden . 246 —Joints . 246 —Connections .246, 247 —Packing. 246 —Cesspools . 246 —Permit for Connecting with Public Sewer . 247 —Testing . 251 —Covering Up . 251 —House Drain .247, 248 —Cleanouts . 247 —Trap...247-252 —Flue of Brick, etc., as Ventilator . 248 —“T’s” Forbidden, When . 248 —Soil Pipe . 247-252 —Waste Pipes ..'.247-252 —Vent Pipe . 247-252 —Coating Pipe, etc. 246 —Air Pipes .. 248; 249 —Water Closets .249, 250 —Hoppers . 249 —Steam Exhaust . 251 —Certificate by Contractor as to Plumbing, etc.„. 251 —Final Inspection . 251 —“Repairs” .248, 251 —Building Moved or New Plumbing in Old Building . .. 251 —Condemned Work . 252 —Galvanized Wrought Iron Instead of Castiron . 249 428 INDEX TO ORDINANCES. ) Dra >v Bridges, Crossing of— Page —Gates at the Approach of Webster- and Alice Street Bridges.. 309 —Train to Come to Full Stop . 307 Dray, License Fee .Ill, 115 Dress, of Opposite Sex. 324 Drivers in Fire Department, Salaries . 84 Driving Cattle in Streets. 148 Driving Recklessly .). iog —Through Procession . 139 —On Alameda Bridge . 333 Druggists, Sale of Liquor by . 122 Drugs—Opium .227-228 Drunkenness . 331 Ducks and Geese . 277 Dummies (Street Car) to Have Guards. 304 Dyers, License Fee . Ill Dynamite, etc. 340 Egress, From Theatres, etc. 342 Electric Light Companies, License Fee . Ill Electric Car Lines, Guards Required . 304 —Trolly Guards. 306 Emeryville, Permission to Connect Sewers. 352 Engineers, see “Fire Department” — Engineer City, Duties . 94 —Fees . 94 Entrance to Theatres, etc. 342 Estray Animals . 276 Establishing Lines of Certain Streets.136-137 Excavations for Pipes, Sewers, etc.140, 163, 182, 195 —Refilling.151, 152, 163, 182, 195, 197, 198 —Lights to Guard .•. 140 , 167 Exhibition of Goods on Walk. 142 —Lewd, Vulgar Pictures . 344 Exits from Buildings . 342 Expectorating. 332 Explosives . 340) 349 Express Companies, License Fee ..HI 333 Express Wagon, License Fee . 114 Extramen (Fire Department) Salary . 84 False Alarms . 214 Fares, see “Railroads”— Fast Driving . ^gg Fees—- —For License Badge 108 429 INDEX TO ORDINANCES. Fees—Continued. —Dockage . -n-. —City Numberer (Superintendent of Streets) . —City Engineer. —Poundmaster.*. Fence, Around Basement Stairs . —Limiting Height . —Encroachment on Street . —Advertising on . Fermented Liquors, see “Intoxicating Liquors”— Filth and Rubbish— —Burning in Street .. —Depositing on Lot, Land or Street or in Waterway —Depositing on Street . —Garbage and Swill Carts. —Throwing into Street . Fire Alarms, False . Fire Alarm and Police Telegraph . —Salary of Superintendent. —Lineman . —Batteryman . Fire Apparatus, Right of Way of. Firearms—- —Permits to Carry . —Regulating Discharge of . —Use of by Minors . Fire Department— —Appointment of Employes (see also Charter). —Chemical Companies, Salaries . —Drivers, Salaries . —Engineers, Salaries.. —Extramen, Salaries . —Fire Warden . —First Assistant Engineer, to be Fire Warden. —Salary . —Foreman, Salary... —Hydrants. —Stewards, Salaries . —Stokers, Salary.•. —Tillerman, Salary . Fire Escape. Fire Hydrants— —Tampering With . —Obstructing View of . •. _To be Connected to Certain Size of Main. Page 269-273 ... 286 . . . 91 . . . 278 140-141 ... 201 ... 138 ... 117 _ 142 . . . . 262 139, 262 .241, 257 . . . . 139 . . . . 214 .213, 214 .... 83 . . . . 83 .... 390 .... 210 334 335 336 86 , 87, 88 , 89 . 84 . 84 . 84 . 84 .99, 219 . 99 . 99 . 84 .209', 210, 215 .84 . 84 .. 84 . 213 209 210 215 430 INDEX TO ORDINANCES. / i Fire Limits, Defined . —Burning- Rubbish Within . —Building Within Regulated. —Corrugated Iron Buildings Within —Iron Doors Within . —Laundries Within . —Meeting and Passing Cars Within Page .. 221 . 149 216-219, 220, 222, 223 . 223 211-212 ... 220 ... 300 leimits from Council to Erect Frame Structures Within.... 220 Pei mission of Property Owners for Removal Within. 219 —Removal From Without Into .219 222 —Removals Within . ’ 219 —Steam Boilers Within .'. 223 —Wooden Buildings Within Prohibited ... 222 Fires— —Regulations to be Observed at Fire Warden . Fireworks— —China Bombs, etc. —Discharge of . —Storage of . Fish, Cleaning in Street . Flagmen— —On Street Railway Lines . —On Steam Railway Lines . Flush Tanks (Specifications) . Flyers, Advertising by Distributing . Flowers in Public Parks . Forfeiture of License . Fortune Tellers, License Fee . Frame Buildings in Fire Limits . Franchises, Index to Ordinances Governing Free Library, Site for and Erection of. Free License . Fruit, Unwholesome . Fuel, etc., for Departments . Fumigation . Funerals— Driving Through Funeral Processions —In Case of Contagious Disease . Fuel, Purchase of for City Regulated. Furniture, Purchase of for City Regulated Garbage— 333 333 340 139 .... 30S 313, 314 . . . . 186 ... 326 ... 350 ... 120 ... Ill ... 220 ... 376 ... 137 ... 106 ... 231 ... 100 ... 263 ... 139 ... 232 ... 100 ... 100 —Crematory. —Discharging into Sewer .. . . 257 234. 239 I INDEX TO ORDINANCES. 431 Garbage—Continued. Page —Depositing in Lake Merritt . 234 —Dumping on Lot, Land, Street or in Waterway. 262 —Forbidding Persons, Generally, from Gathering .252, 263 —Gathering and Disposal of . •••257, 262 —Hours within which Gathering Forbidden . 241 —Separating Ashes From . 255 —Wagons Hauling* Same to be Covered, etc.241, 257 Gardens (Public) License Fee . 112 Gas Companies (License Fee) . HI Gas Pipes. I 97 Gates at Drawbridge . 209 Geese and Ducks. 277 Glass on Walks and Streets . I 94 Glanders .242, 320-321 Goats, at Large .1 48 > 277 —On Streets and Walks.148> 277 —Kept in Sanitary Manner . 233 Goods on Sidewalk ...140, 142 Grade Ordinances, Index to . 262 —Curbs in Annexed District . 1" Grading (Specifications) .167, 168, 174 Grass on Walks . 1^6 Guard Wires, on Electric Lines. 1 . 206 Guns, See “Firearms”— —Bow, Spring and Air. 237 —Permit to Carry . • 234 —Regulating Discharge of . 235 —Use of by Minors . 236 Gunpowder, etc., see “Combustible Material” . 340 Gutters (Specifications) . 169 Hackney Carriages— —Lamps on .123, 389 —License.I® 4, 44 ^ —Number on . I® 4 —Standing . ....143,-144-146 Halls, Public, Egress, etc. 242 Hats in Theatres. ’••••• 355 Hay, Straw, etc. (Storage) ..323, 32. Health Department —Air (Cubic Feet of) . 224 —Ashes . 214 —Bacteriologist .'.. 240 Births (to be reported).... • ■ • 235 / 432 INDEX TO ORDINANCES Health Department—Continued. Page —Buildings Unfit for Habitation... 240 Bui ials, Funerals, etc. 232 233 236 —Cattle (Number per Block,etc.) .229, 233-234 —Cesspools and Privy Vaults .. . 224 —City Physician . —Chemist .. . —Contagious Diseases —Dairies . —Dead Bodies . i —Drains. —Drugs, Opium, etc.. 230, 232, 236, 237, 242, 243, 263 .•.243-244 . 232, 233, 236 . . . . . .226, 234, 239, 245, 264-265 .227-228 *- —Fumigation . 263 Garbage, Swill, etc.241-242, 257 262, —Health Officer ...89, 235, 236, 237, 238', 240, 242 —Hospital. 236 Inspector .90, 244 , 253 —Lake Merritt, Sewering Into. 234 —Meats and Provisions .231, 252, 268 —Milk, Unwholesome, etc .243-244, 253 —Nuisance .160, 266-269, 319 —Permits for Burial or Removal of Dead Bodies. 233 —For Removal of Patients Having Contagious Disease ....236-237 —Placarding by . —Plans for Drainage and Plumbing. —Plumbing and Sew r erage. —Plumbers (Registration, etc.) . —Quarantine . —Report by Health Officer of List of Plumbers_ —Rubbish . —Sanitary Inspector. —Sanitary Inspector Assistants .. —Sew r ers and Sewering.226, —Stagnant Water . —Vaccination . —Veterinary Surgeon . Heavy Doors Forbidden in Fire Limits . Height of Awnings. Height of Fences, limiting . Hides, Keeping or Tanning Forbidden . Hitching Horses, etc., on Streets . Hogs, at Large. —To be Kept in Sanitary Condition . Horses— At Large. —Diseased or Disabled..>. . „. —Es trays . —Glanders . .. 1 —Impounding . .238, 240 .227, 245, 252 . 246 .226-227, 245-252 .236-237, 238 . 227 . . . .226, 241, 262 .90, 245 . 91 234, 239, 245, 252 -235, 266, 267 .. 225 . 253 .211-212 . 181 . 201 . 319 . 333 ........... 277 . 233 .. 276 242, 277, 320, 321 ..276, 2S0 .. . ..242, 320-321 ........ .. . >. 277 INDEX TO ORDINANCES. 433- Horses —Continued Page —Killing by Poundmaster . 277 —Leaving on Street Unhitched . 333 —Sanitary Conditions .233- 9 4 —Selling by Poundmaster.:. —Redemption by Owner.277 —'Stallions . 339 —License Fee . 444 —Untied on Street .^. 333 —Veterinary Surgeon, to Inspect City’s Horses.253 Hospital for Contagious Diseases . 23G-23* —Houses, Extending Into Sidewalks . 449 —Of HI Fame .’. 336 Hydrants (Fire) .. .209, 215 Ill Fame, Houses of . 336 Impersonation, of Officers. 339 —Of Opposite Sex . 324 Ingress and Egress, Means of, From Public Buildings.....342 Inspection of Diseased Animals. 242 —Of Meats, Milk, etc.. .252, 243 —Of Drains, Sewers, Plumbing .245-252 —Of Pawnbroker’s Register . 333 —Of Saloons . 121 inspector of Markets, Meat and Milk, see “Veterinary Surgeon” —Acess to Places Where Milk is Kept..243-244 —Duties, Salary, etc . 252 Inspector, Sanitary. 90 —Duties, Salary, etc . 252 —Shall Have Access to Places Where Milk, etc., is Kept .... 243 Inspector, License .. • • 34 —Bond of .. —Police Officers Are Assistant Inspectors . 107 —Powers and Duties of .90. 103 Intelligence Offices, License Fee. 112 Interpreter, Chinese for Police Court. 9( Intoxicated Person, Liquor to . 120 Intoxicating Liquors— —Generally..H7> 348 —License Fees . H? —Passing into City Prison .. • • • • 324 Iron Door In Fire Limits Forbidden.• . 211 Iron in Buildings Within Fire Limits.. .... 223 —Corrugated or Sheet Iron. 223. Jacks and Jackasses —License Fee ... 14 ’ —Staked Out or at Large ... 620 Janitor City Hall. ^ Job Wagon . 443: 434 INDEX TO ORDINANCES. Page Keepers of Parks.„.83, 389 —Are Special Police officers. eg Keno, Dealing or Playing. 343 Kerosene, see also Combustible Materials . 34 i Kites, Flying of..'. 140 Lake Merritt, Sewerage Into . 234 —Boats on. 356 —Bathing in. 354 —Boundary Established . .. 357 Lamps on Carriages . 122 , 389 Lamp Holes (Specifications) . 186 Land for Street Purposes—Selection of.134, 200 Laundries, License Fee. 112 —Within Fire Limits . 22u Lecture Halls, Means of Exit . 342 —Chairs in Aisles, etc . 342 Leaks in Water Pipes, Repaired . 198 Leasing Warehouse on City Wharves.274-275 Library, Site for and Erection of . 137 License.103-116 —Advertising . 117 —Auditor to Prepare . 103 —Badges...108-109 —Benevolent Objects . 10 G —Bill Boards. 117 —Bulls . 112 —Conviction Does Not Exempt . 107 —Dogs.102 —Evidence of Liability to Pay License . 107 —Exhibiting . 105 —Free, When. 106 —'Jacks.*.. 112 —Liquor License .117-122 —Bond. 119 —Rate of . 122 —Money Paid Treasurer. 105 —Not Assignable . 105 —Payable, How and Where . 104 —Peddlers .105 —Defined. 108 —Penalty.103, 106 —Policemen are Inspectors of . 107 —Procured. When . 105 —“Quarter” Defined . 116 —Rates.109-116 Record of, Tax Collector to Keep. 104 —Revocation of Liquor License . 120 —“Runner” Defined . 109 —Signs. 125 INDEX TO ORDINANCES. 435 License—Continued. Page —“Solicitor,” “Soliciting Agent” . 109 —Sparring Exhibitions ... .;. 300 —Stallions . H 4 —Sworn Statement of Tax Collector. 106 —Tax Collector, Duties as to.104, 106 —Telegraph and Telephone Poles. 187 — Term .105 ,109 —Wharves . 12 4 —When Paid . 104 —Who to Pay . 104 License Committee. 120 Licensing Dogs. m License Inspector—- —Deputy. 00 —Bond of . or . —Police Officers are Assistant Inspectors . 107 —Powers and Duties of. 85 Powers and Duties of License Officers Generally . 106 —Salary . 82 License, of Sale of Liquors, see “License” .117-122 —Bond . 119 —Rate of . 122 License Officers, Powers and Duties.rCS, 122 Lights at Excavations, etc.140, 167 Lights on Vehicles and Boats. 122 —Limiting Height of Pences . 201 Lines of Certain Streets Established, List of.136-137 —Twelfth Street, Fallon to First Avenue .165 Liquor Ordinance .117-122 Liquors in City Prison . 324 Liquors to Minors, Sale of. 328 Liquor Saloons, License Fee. 122 —'Open When .348 —Regulating .117-122 Livery Stables, License Fee . 112 Lodging in Barns, etc.322 Lost Animals . 276 Lottery .346-347 Macadam (Specifications) .•.171-173 Malarial Fever. 230 Malt Liquors, see “Intoxicating Liquors” Main, Water, Size of. 215 Manholes (Specifications) . 185 Manure ... 241 Manufacturer of Pickles. 254 Maps, Surveys, etc. 94 Markets, Condition of. 231 —Inspector of . 252 436 INDEX TO ORDINANCES. Market Inspector— —Access to Places Where Milk Kept . —Duties and Salary of. —To Give Notice of Diseased Animal. Mayor— —Permit by to Carry Weapon. —Permit by to Drive Cattle . —Approval of Requisition by. Appoint License Inspector.*. Meat— —Cleaning* in Street . —Unwholesome. —Inspector of. —Freshly Slaughtered . Mechanical Device, Rendering Lewd Songs, etc Meetings on Streets . Menageries, License Fee .- Messenger Service, License Fee. Midwife. Milk— —Adulterated or Unwholesome . —Inspector of . Milch Cows, see “Cows”— Minors, Boating on Lake Merritt . —Cigarettes . —Firearms . —Liquors . —Steam Cars . —Street Cars . —On Streets at Night . Monument, Street . Morphine . Motor Vehicles. “Move On” Ordinance . Mules, at Large . —Disabled or Worn Out . —Not to be Left Unhitched . —See also “Animals”— Municipal Licenses.<. Municipal License Committee . Musicians, Street, License Fee .••. Names of Streets Changed . —Posted . Names of Owners on Poles . Nauseous Substances. Night Watchman (City Hall). Nitro Glycerine, Powder, etc . Notice by Superintendent of Streets— —To Repair Walk . —Of Digging Up Street . Nuisance— —Certain Things Declared . —Hides, Tanning of . Page . 243 . 252 . 243 . 334 . 142 . 100 . 85 139 231 252 268 344 202 111 112 235 243-244 ... 253 . 356 ... 328 . 336 . 328 .325, 345 . 345 . 326 . 94 . 227 . 358 . 141 . 276 242, 277, 320, 321 . .. 333 .103-116, 117-122 . 120 . 115 .127-134, 374-376 . 192 ..190, 191 . 235 . 97 . 340 ~ . 146 .. 152 .160, 266, 267 -- 319 * I INDEX TO ORDINANCES. 43T Nuisance—Continued. Page —On Streets .139, 160, 235 —Suppression of .266, 267, 319 —Slaughter Houses . 319 Numbering Buildings .281, 295 —Vehicles and Boats . 122 —General Provisions .-. 285 Obstacles in Aisles. 342 Obstructing Fire Apparatus . 210 —Fire Hydrant . 209 —Orders of Board of Works or Police and Fire Commissioners. . 95 —Street or Walk (see “Sidewalks”) ...139-140 —By Crowd (“Move On”) . 141 —Sidewalks with Weeds, Grass, etc. 190 'Obstructions in Buildings (Egress, etc) .211, 342 Offal ...139, 262 Offensive Substances . 263 Offensive Trades . 319 Offices (Where Located) . 81 Officers, Impersonation of . 330 Opening of Streets, List of Ordinances. 373 Open Trenches, Lights Near at Night.140, 167 Opium, Sale Regulated .227-228 —Dens . 325 —City Prison . 329 Order Agents— —Defined . 109 —License Fee . 114 Paper Thrown Into Streets. 139 Park Ordinances . 386 Parks, Where Admission Charged, License Fee. 112 —Keepers, Salaries .83, 389 —Keepers to have Powers of Special Police Officers . 96 —Protection of . 350 Party Walls, in Fire Limits . 216 Paving, Asphalt (Specifications) .157-159 —Bituminous (Specifications) . 173 —Generally, see “Streets” . 167-175 Pawnbrokers, License Fee . 113 —Register of. 338 Peddlers, Defined . 108 —Free License . 106 —License Fee. 113 —On Certain Streets Forbidden .108, 161-162 —Standing on Streets or Walks . 146 —To Exhibit License . 105 —Who not Deemed . 108 Permit by Mayor to Carry Concealed Weapons. 334 Permit, By Board of Works— —Building Material on Street .139-140, 164 —Carrying Concealed Weapon . 334 —Construction Curb or Walk .156-157 —Connecting with Public Sewer .163-164 INDEX TO ORDINANCES. 43$ Permit, By Board of Works—Continued. —Burning Rubbish . —Digging Street or Walk . —Laying Pipe, etc. —Metal or Wooden Door . —Plumbing. . . —Private Sewers . —Removal of Building. —Secretary to Issue . —Sewering. —Street Work by Private Contract . Pest house. Petition for Saloon License. Petroleum, see “Combustible Materials” . Physician, see “City Physician”. Pickles. Pictures, Lewd, etc. Piedmont Sanitary District .. Piers, see “Wharves”— Pile Drivers, License Fee. Pipes, Lowing, etc. Pipes, Sewers (Specifications) . Pistols, see “Firearms”— —Permit to Carry. —Regulating Discharge of .. —Use of by Minors . Placarding by Health Department . Plans and Specifications (Plumbing) . Plumbers, Registration . Plumbing and Sewerage . Police Court— —Chinese Interpreter . Police Force, Additional Men . —Decrease In . Policeman’s Whistle . Police Officers— —Additional Men . —Are Assistant Inspectors . —Chief to Report Saloons . —Decrease in Force . —Inspectors of Licenses at Saloons . —Keepers of Parks to Have Powers of. —License Inspector to Have Powers of. Powers and Duties as to Liquor Ordinance —Processions, Duties at . —Removal of . —Sergeant of Police . Police Telegraph. Superintendent of. —Provisions as to . Poles, Ground Rental on Telephone or Telegraph —The Number and Name of Owner Affixed . .. Pool Tables, License Fee . Pools and Pool Tickets. Page . 149 . . .. 150 . 195 . 211-212 . 245 .162-163 . 178 . 181 . 150 . 166 . 236 . 118 . 341 . 89 .254, 255 . 344 . 351 . 113 . 195 .183-184 . 334 . 335 . 336 . 240 227, 245, 252 226-227, 245 ....245, 252 . 97 204-208, 388 . 206 . 318 204-208, 388 . 107 . 121 . 206 ....107, 121 . 96 . 85 . 121 . 139 . 121 . 205 . 83 . 213 . 187 .... .190-191 . . - 110 . 339> INDEX TO ORDINANCES 439 Page Porches on Street . 433 , 140 Posts on Street...’ 138 Pound and Poundmaster— ~ Bond . 276 —Powers and Duties Generally . 103 , 276, 280 ~ Fees .278-279 Duties of Persons Taking Up Estray Animal . 280 —Sales by Poundmaster . 277 —Killing of Animal by Poundmaster . 277 —Redemption by Owner .403 277 —Rescue From Poundmaster . 279 —Report of Poundmaster . 280 Powder, Dynamite, etc., see “Combustible Materials” .340, 349 Powder Magazines (License Fee) . 443 Perscriptions . 424 927 —For Liquors.;. ’ 424 President of Council, Approval of Requisition by . 100 City Prison, Inspection by City Physician. 89 —Liquors in . 324 —Opium in . 329 Private Contracts for Street Work ..177-178 —Permits for . 166 Private Sewers (Specifications) . 192 —Permits for .'. 462 —Constructed How . 462 Privy Vaults .. 224 Prize, on Sales, etc. 348 Processions, Driving Through, etc. 139 Profanity . 334 Proposals, How Made . 459 , 475 Prostitution, Houses of .’ 336 Provisions, Unwholesome . 231 Public Halls, Egress, etc . 342 Public Gardens, License Fee . 443 Public Health, see “Health Department” Public Parks, see “Parks” Public Meetings on Streets. 202 Public Parks.83, 350> 339 Quarantine .236-237, 238 “Quarter” Defined Under License Ordinance . 116 Race Courses, License Fee . 114 Railroad (Street)— —Alarm Bells. 34 } —Board of Works to Approve Work. 296-297 —Buffers.‘. 304 —Crossing Steam Railroad Track . 393 —Expectorating in Cars . 332 —Flagmen .*.’.’.'.'.'.'.’.308! 313 —Franchises . 376 —Grade of Streets, Change . 296 —Gripmen and Motormen Not to Leave Post . 346 —Guards . 36 4 —Guard Wire . 306 I 440 INDEX TO ORDINANCES. Railroad (Street)—Continued. Page —Management of Cars on Streets .. 300 —Meeting, Passing, etc., of .300-301 —Officer of Lliable . 300 —Rails . 296 —Relaying on Change of Grade . 296 —Removing Track Under Permit . 296 —Repaving on Abandonment . 296 —Roadway Between Tracks .297, 298, 299 —Speed of .301, 312, 315 —Stopping on Crossings .140, 300 —Tracks, When a Nuisance . 297 —Trolley Wires, Safety of . 306 —Two (2) Men Per Car . 299 Railroad (Steam)— —'Boys Getting on or Off.325, 345 —Change Location of Tracks . 315 —Drawbridges, Crossing .-. ...307, 309 —Expectorating in Cars. 332 —Pares Between Stations in City . 311 —Franchises .• • • • 380 —Flagmen .313, 314 —Gates at Draw Bridge . 309 —Meeting, Passing, etc. 303 —Permission to Certain Company to Change Tracks. 315 —Semaphores . 310 —Soliciting Trade on . 330 —At Stations . 203 —Speed .302, 315 —Whistles, Blowing of . 306 Rails, see “Railroads” (Street) Rams, License Fee . 112 Receiving and Weighing Supplies. 345 Reckless Driving . 166 Records, Municipal (Located) . 81 Refilling Street (Excavations) .151, 152, 163, 182, 195-197, 198 Refiners, License Fee . 110 Refuse Material— —Burning of in Streets . 149 —Drainage into Street, etc. 226 —Throwing on Street.139, 226 —Throwing on Lot, Land or Streets or in Waterway . 262 —Transporting Through Street . 241 Registration of Plumbers.226, 247 Remonstrance Against Liquor License. 120 Removal of Body . 233 Removal of Buildings .178-180, 222 Removing Garbage— —Regulating Removal . 258 —Ashes to be Separated From .....’ . 225 —Forbidden to Persons Generally.252, 263 —Hours within Which Forbidden . 241 —Swill Wagons and Garbage Wagons to be Tight and Covered .241, 257 V s INDEX TO ORDINANCES. 441 Page Rental (Ground) for Telegraph and Telephone Poles. 1ST Repairs to Docks and Piers . 337 Repairs, Leaks in Water Pipes . 198 Repairs of Sidewalks, Enforced .146-147 Repairs of Streets, Enforced .146-147, 153 Repairs of Wooden Buildings in Fire Limits. 222 Report— —Of Births . v . 235 —Of Poundmaster . 276 —Of Physicians as to Contagious Diseases . 230 —Of Veterinary Surgeon .242, 253 —Of Health Officer . 227 —Of Sanitary Inspector. 90 —Of Milk Dealer on Change of Place of Business. 243 —Of Milk Dealer as to Contagious Diseases Among Employees. . 244 —Of Tax Collector. 104 —Of Chief of Police as to Liquor Houses . 121 Requisition for Supplies, etc . 100 Resolution of Intention to Declare What . 15S Revocation Liquor License ... 120 Roadbed, Prepared How . 167 Rock Carts Regulated . 189 Rubbish, see “Garbage”— —Burning in Street . 149 —Discharging Into Sewer . 239 —Depositing on Streets or Public Grounds .139, 226 —Depositing on Lot, Land or Streets or in Waterway. 262 —Filling with in Street Work Forbidden . 167 —Light on Rubbish Pile at Night . 140 —Placing on Sidewalk . 139 —Street to be Cleared of Before Work Done . 175 “Runners” Defined . 109 —At Railway Stations . 203 —Badges to be Worn by .. 109 —License Fee . 114 Salaries (Except those Fixed by Charter) .82, 390 Safety Wires on Electric Roads . 306 Sale of Condemned City Property .*. 96 —Of Live Animals on Sidewalks . 332 Sale of Animals Impounded . 277 —Redemption of by Owner . 277 Sales on Streets, see “Peddlers”— —Forbidden Within Certain Area .108, 161 Saloons— —Inspection and Report on . 121 —License Fee . . . , . 122 —Open When . 348 —Regulating .117-122 Sand Wagon for Hauling . 189 Sanitary District (Piedmont) . 351 Sanitary Inspector—• —Assistants .'..‘ # 91 —Bond of. 90 —Powers and Duties . 90 —Salary of . 90 •442 INDEX TO ORDINANCES. Page Scarlatina. 230, 232 School Bond Ordinances, Index . 386 Scotch Thistle . 354 Seat of Government . 81 Secretary, Board of Public Works, Salary . 82 Semaphores . 310 Sergeant of Police . 205 Sewerage Into Lake Merritt Forbidden . 234 —From Outside of City . 239, 352 Sewers, Construction of Private .162-163, 192 —Construction of Pipe Sewers, etc .183, 184 —Generally .239, 245 —Granting Permission to Emeryville to Connect . 352 —Lake Merritt . . . 234 —Manner of Connecting .. 184 -—Piedmont Sanitary District . 351 —Permits.151, 162-163, 239 —Tapping Public Sewer . 163-164, 239 —Specifications for Private or Side Sewers .'.192-194 —Specifications Generally .239, 245 —When Open, Lights to be Placed at Night .. 140 Sex, Dress of . 324 Shade Trees Upon Streets . 195 Shavings in Streets . 139 Sheet Iron in Fire Limits . 223 Ships, Dockage.269-273 Shooting Galleries, License Fee . 114 Signs, License for. 125 Sidewalks— —Advertising on . 326 —Banners, Devices, etc, Carried on . 327 —Bay Window Extending Over. 140 —Bituminous, Specifications.148-149 —Bicycles on . 201 —Building Material on. 139-140,164 —Buildings Extending into . 140 —Cellar Doors, Steps, etc., on.140-141 —Construction of. Regulated.148-149 —Crosswalks, Vehicles on .140, 145, 300 —Deposit on Issuing of Permit .156-157 —Digging Up.150, 151-153 —Displaying Goods on .'. 142 —Driving Across a .-. 140 —Expectorating Upon .332 —Grass and Weeds on. 190 —Injury to. 150 —Not Ordered by Council, Permit for .....* . 156 —Contraction of .156, 148, 154 —Obstruction of— —By Crowd . 141 —By Building Material . 140 —By Weeds and Grass . 49° —By Extending Building Over . 140 —By Refuse or Rubbish on . 140 —Permits to Build Over. 14(1 INDEX TO ORDINANCES. 443 Sidewalks—Continued. Page —Peddler Carts on . 146 —Repairs to .146-14< —Rubbish on.139, HO, 226 —Sale of Dive Animals Upon . 332 —Specification for.1.48-149, 154-155 —Spitting- Upon . ’32 —Steps Extending Into —Tacks, Broken Ware Deposited Upon 140 194 -Vehicles Standing on. 130 190 140 Showing . .. and Bituminous .368- Walks.148. —Weeds and Grass on —Wood and Coal, etc . Sidewalks, Width of, Table —'Width of Cement Site for Free Dibrary. Skating Rinks, Dicense Fee Slaughter Houses Prohibited . 319 Sleeping in Barns, etc. Sleeping Rooms, “Cubic Air Ordinance” Smallpox, etc., see “Contagious Diseases Smelting, a Nuisance . Songs, Lewd, etc., rendered by Mechanical Device. 344 Solicitors or Order Agents, Defined. ^^0 —Badge to be Worn by. —License Fee for . Soliciting Agents (Runners for Hotels, Boats, etc.) —On Trains, Boats, etc., Without Consent of —At Railway Stations . —License Fee . —Sparring Exhibitions . Special Police Officers, Park Keepers are Specifications (Special) —Asphaltum .. • • . *169 —Basalt Work. —'Bituminous Sidewalk.. —Bituminous Crosswalks .’' lgg Catchbasins .. V. ’.154,* 184-185 154 . 137 114 322 224 319 109 . 114 Defined. >. 109 Owner . 330 203 360 96 -Cement 169- . __ -171 —culverts.1.55, 157, 168 —Curbing. 186 —Flush Tanks ..’.‘.'.167-168', 174 —'Grading . 16 9 —Gutters. 186 —Lampholes . 185 —Manholes .' ' 171-173 —Macadamizing .. ...184-185 —Mortar . 157-159 —Paving. ...183-184 —Pipe . .239-245 —Sewers, Generally . 192-194 —Sewers, Private or Side. 14 s, 154 —Sidewalks, Generally. .148-149 —Bituminous . ... '.157-159 — Stradment Asphaltum Crosswalks. ...167-175 —Street Work.. I 444 INDEX TO ORDINANCES. Specifications (Genaral Provisions as to)_ Bond Guaranteeing Work for Five Years Blockading Street With Work Materials etc. —'Crown of Roadway.’ —Excavations. —’Lanterns to Prevent Accident —Lumber. —Proposals.. —Proposal Blanks. —Refiilling. —Refuse. Rejected Material to be Removed . —Removal of Surplus Material .. —Resolution of Intention, What to Declare. —Roadbed . —Samples. Superintendent of Streets May Order Work Stopped... —Work to Meet Approval of .158-159, —Water and Gas Pipes . —“Y” Branches . . .. Speed, see “Railroads” Page .... 159 159, 175 .... 158 .182-183 .... 175 .... 1S7 .... 159 .... 175 .... 185 158, 175 . . . . 187 158, 175 158, 174 158', 174 159, 175 _ 158 175, 187 . . . . 187 . ... 185 —Of Motor Vehicles . Spii ituous Liquors, see “Intoxicating - Liquors” Spring Gun . Stagnant Water. Stakeholder, see “Pools” 358 337 267 Stallions— —At Large . —License Fee . Stamp or Coupon Sales . Stands for Vehicles . Statement of License Receipts . Stationery for Departments . —Contracts for . Steamboats, Soliciting Trade on . Steam Boilers . Steam Car, License Fee . Steam Railroads, see “Railroads”— —Index of Franchises . —Minors Getting on or off. Steers, see “Animals” Steps, Extending into Sidewalk . Stewards, see “Fire Department” Stokers, see “Fire Department" Stones, on Streets . Storage— —City Property, see “Corporation Yard” —Coal Oil, etc . —Combustibles, see “Combustibles” .. . . . . . .. . ' —Hay, etc. —Pickles . Stradamant Pavement and Crosswalks (Specifications) Straw (Storage) . —On Street. . .. . 320 .... 114 .... 348 .144-146 . . . . 106 . .. . 100 .... 95 .... 330 .... 223 .... 114 .... 380 325, 345 138, 140 139 . 341 323, 327, 340 ....323, 327 . 254 .157-159 . 327 . 139 INDEX TO ORDINANCES. 445 Page Strayed Animals . 276 Streeet Cars, License Fee . 114 Street Musicians, License Fee . 115 Street Names— —Posting of. 94 —Changing .127-134, 374-376 Street Paving, (Specifications) .157-159, 167-175 —See “Specifications” Street Railways, Index of Franchises . 376 —See, “Railroads” (Street) Street Specifications, see “Specifications” Streets, Abandonment of Portions ... 135 —Acceptance of .175-176, -Animals on . 139 , 140 , 143, 148, 276, 320 136 372 321 326 201 140 164 149 —Ball Playing in . 140 —Banners, Transparencies, etc., in . —Bicycles in . —Bow Windows Projecting on . 138 , —Building Material on .139-140, —Burning Rubbish on . —Cattle Driven in, Regulating . 142 —Cattle at Large in . 148 , 276, 320, 321 —Cellar Doors .138, 140 —Changing Names of .127-134, 374-376 Cleaning Fish, Meat, Clothes or Vehicles on . 139 —Crowds Obstructing. 141 —Dedications Accepted . 200 Digging Up . 150 , 151-153, 195-197 Drains .226, 234, 239, 245, 264 -Encroachments on 138, —x^Htaunsning ranes or . —Excavations in. —Fire Apparatus Right of Wav on ... —Flagmen at Crossings . —“Flyers” Thrown Into . —General Plan of, Adopted . —General Specifications. 140 165 195 210 314 326 —Goats at Large in . —Hackney Carriages in . 143 , 144 .i 46 —Improvement by Private Contract . 160 177 —Job Wagons. —Kite Flying in . 140 ‘ —Lines Established . 136-137 165 —Names Changed .127-134, 374-376 —Posted . —Nuisance on . —Obstructed by Crowd —Opening and Closing Ordinances, Index to . 373 —Passage of Trains . 3 qq —Paying, etc.. . . . . . .297 298 —Peddling on Certain Prohibited ..*108* 161 . 146 Contract . 139, 160, 235 141 —Peddler Carts —Permission by on . Private 446 INDEX TO ORDINANCES. Streets—Continued. Page —Portions of Abandonment ...135-136 —Porches Extending Into . 138-140 —Processions Regulated . 139 —Public Meetings on. 202 —Refilling Excavations, etc.151, 152, 163, 195, 197, 198 —Removal of Buildings in.'.178-180 —Repairs...146, 147, 195 —Rubbish Thrown on .139, 226-262 —Burning Rubbish on, without Permit . .. 149 —Clearing Away Rubbish for Street Work . 174 —Filling With Rubbish Forbidden . 167 —Sales in Certain, Forbidden .108, 161 —Sewer Excavations, etc .140, 162 —Shade Trees on .160, 195 —Speed of Steam Railroad Trains ..-.302, 315 —Of Street Railway Cars .301, 312, 315 —Sweepings . 139 —Tacks, Broken Wood or Glass Deposited Upon . 19 4 —Traffic on Certain Streets Forbidden.108, 161 —Twelfth Street, Lines of, Between Fallon and First Avenue. . 165 —Vehicles Standing on .139, 143, 145 —Without Horses, on . 139 —See “Vehicles” Street Cars, License Fee . 141 —Regulations Generally, see “Railroads” (Street) Street Crossings, Carriages on . 139 Street Meetings . 202 Street Musicians, License Fee . 115 Street Work, Generally ..157, 167-175 —By Private Contract .177-173 —See also “Specifications” Superintendent— —Fire Alarm and Police Telegraph . 83 —Of Streets, Repairs .146 —To Number Buildings . 285 lupplies for the City—• —-Contracts for . 95 —For Departments . 95 , 100 —Receiving and Weighing . 345 Purveys, Record of. 94 Suspension of Chief of Police. 121 Sweepings . 139 Swill. 241 Swimming Within City Limits . 354 Swine .233, 277 Tacks, etc., Throwing on Walks and Streets . 194 Tags, License for Dogs . 104 Tax Collector— —Duties as to License Tags, etc-. 104 —To Collect Liquor Licenses . 120 —To Designate Badges. 107-108 —To Number Vehicles and Boats . 107-108. 122-124 INDEX TO ORDINANCES. 447 Tax* Collector—Continued. Page —To Pay License Fees to City Treasurer .. 10 r > —Sworn Statement by . 100 —License Inspector to Act Under Direction of. 85 Tax on Dogs . 102 Telegraph Companies, License Fee . 110 Telegraph (Fire and Police Alarm) .83, 213 Telegraph and Telephone Poles— —Names on .190-191 —Rental on ..187-188 Telegraph Wires, Cutting on Removal of Building.. ... 180 Theatres, Ingress and Egress . 342 —License Fee . HO —Hats off in ... 355 Thistles. 354 Tickets, Lottery .346, 347 Tillerman, see “Fire Department” Time of Closing Saloons . 348 Tolls, see “Dockage” Tracks, see “Railroads” Traffic in Streets . 161 Trains, Jumping on and off by Minors .325, 345 —Soliciting on Without Consent .:.. 330 Transparencies, Advertising by . 326 Trapping Birds, Forbidden .../. 317 Trees, Cutting Down, Forbidden . 317 —When Nuisances . 160 —Regulating on Streets . 195 —Removal for Street Work . 167 Tricycles, see “Bicycles” . 201 Trucks and Drays, License Fee . •••• H5 Twelfth Street, Lines of From Fallon to First Avenue. 165 —Dam and Boulevard . 199 Typhoid, see “Contagious Diseases” Unwholesome Meats and Produce. 231 Unwholesome Milk . ...243-244, 253 Use of Boulevard .191-192 Vacating Building Unfit for Human Habitation . 240 Vaccination 225 Vagrancy, see “Lodging in Barns” . .... 322 Vehicles— —Badges for Drivers . 108 —Boulevard, Driving on . \..191, 192 —Cleaning on Street . 139 —Carting Sand . • 189 —Drivers to Give Numbers on Request . 108 —Driving Over Sidewalks . HO —License Fee . 415 —Lights on . 122 “ 124 —Motor, Regulating Running of . 358 —Numbers on .101* 108, 122, 124 —.Obstructing Fire Apparatus. 210 —Obstructing Sidewalks . 140 —Obstructing Funeral or Other Procession.139 448 INDEX TO ORDINANCES. Vehicles—Continued. —Peddler’s Carts on Walk. ...... —Stand for . —Standing on Street. Verification of Demands. Vessels, Wharfage, Dockage, etc. Veterinary Surgeons . Vulgar Language . Wagers . Wagons, see “Vehicles”— Warehouses, License Fee. Warehouses, Leases on City Wharves Water Companies, License Fee . Water Front Ordinances, List of_ Water Pipes. Water Pipes, Leaks to be Repaired . Weapons.;. Weeds, on Walks... Weighing Supplies . Wharfingez*, Duties of. —-Salary of. Wharves—• —Dockage, Fees, etc . —Keeping in Repair . —License Fee . —'Wharfinger. Whistles— —Railroad. —Policeman’s . Windows, Encroaching on Street. Wines, see “Intoxicating Liquors” Wires, Cutting in Removing Buildings. Wires, Protecting Fire Alarm . Wires, Guard Over Trolley Wires. Wood on Streets . Wooden Awnings . Wooden Buildings, in Fire Limits Wooden Fences, Height . —See also “Fire Limits.” •Page . 146 .143, 145 139, 143, 145 . 322 .269-273 . . . .242, 252 . 331 . 339 . 116 .274 . 116 .384 .140, 215 .198 . 334 . 190 . 345 . ---- 269 . 83 .269-273 . 33T . 124 . 269 . 306 . 318: .138, 140 . 180 .213 . 306 . 139 159, 160, 182 .219, 222 . 201 LIST OF OFFICERS OF THE City of Oakland FROM APRIR, 1903. MAYOR AND EX-OFFICIO COMMISSIONER OF PUBLIC WORKS. WARREN OLNEY. CITY COUNCIL GEORGE W. DORNIN, President.At Large G. E. AITKEN.At Large JOHN L. HOWARD.At Large B. C. CUVELLIER.At Large ALEX M’ADAM. First Ward A. H. ELLIOTT.Second Ward GEO. FITZGERALD.. . Third Ward EDWIN MEESE.Fourth Ward B. H. PENDLETON.Fifth Ward W. J. BACCUS.Sixth Ward J. T. WALLACE.Seventh Ward. CITY CLERK, FRANK R. THOMPSON. Deputy, E. F. HOLLAND. Assistant, MISS LUCIE H. PERES. AUDITOR AND EX-OFFICIO ASSESSOR, # \ A. H. BREED. Deputies, A. L. HANNAFORD, E. F. GARRISON, ED. T. PLANER. TREASURER AND EX-OFFICIO TAX COLLECTOR, FELTON TAYLOR. Deputies, E. S. FINCH, GEORGE E. GROSS, W. H. J. MATTHEWS,. WM. M. FITZMAURICE. 450 "LIST OF OFFICERS. LICENSE INSPECTOR, E. B. MEEK. Deputy, WM. A. J. FRANKE. CITY ATTORNEY, AND EX-OFFICIO COMMISSIONER OF PUBLIC WORKS, j. e. Mcelroy. Assistant, WM. H. O’BRIEN. CITY ENGINEER, AND EX-OFFICIO COMMISSIONER OF PUBLIC WORKS, F. C. TURNER. Deputy, j. b. mcgrath. BOARD OF PUBLIC WORKS, WARREN OLNEY. President, J. E. McELROY. F. C. TURNER. Secretary, WALTER B. FAWCETT. Clerk, GEO. A. HANMORE. Inspector, N. W. DENTON. BOARD OF POLICE AND FIRE COMMISSIONERS, J. E. McELROY, President, WARREN OLNEY, F. C. TURNER. Secretary, WALTER B. FAWCETT. BOARD OF POLICE PENSION FUND COMMISSIONERS, , F. C. TURNER, President, WARREN OLNEY, J. E. McELROY. Secretary, WALTER B. FAWCETT. BOARD OF FIREMEN’S RELIEF AND PENSION FUND COMMISSIONERS, J. E. McELROY, President, WARREN OLNEY, F. C. TURNER. Secretary, WALTER B. FAWCETT. LIST OF O Fl'K’ERS. 451 POLICE DEPARTMENT, ST. CLAIR HODKINS, Chief. Clerk. LOUIS F. AGNEW. Captains, A. WILSON, W. J. PETERSEN. Sergeants, J. FRANK LYNCH. CHAS. E. CLARK. FIRE ALARM AND POLICE TELEGRAPH, GEO. R. BABCOCK. Superintendent. Assistant, D. L. HOPKINS. FIRE DEPARTMENT, N. A. BALL, Chief Engineer. First Assistant Engineer and Fire Warden, GEORGE B. MCDONALD. STREET DEPARTMENT. CHARLES F. OTT, Superintendent. Assistant! M. L. HOLMES. Chief Clerk, HARRY NEWTON. Assistant Clerk. MISS D. A. ALEXANDER. CITY WHARFINGER, JEROME B. GREER. POUNDMASTER. JULIUS ZABEL. CITY JUSTICES, MORTIMER SMITH, GEO. SAMUELS. f POLICE COURT. Department 1. MORTIMER SMITH, Judge. Clerk, W. J. HENNESSEY. Bailiff, W. A. MOORE. ■ Prosecuting Attorney, ABE P. LEACH. Court Officer, JOHN MURRAY. 452 LIST OF OFFICERS. POLICE COURT Department 2. GEO. SAMUELS, Judge. Clerk, JOHN W. MOTT. Prosecuting Attorney, WM. HARRIS. Stenographer. E. S. VAN COURT. BOARD OF HEALTH, J. HAMILTON S. H. BUTEAU, M. D., O. D. HAMLIN, M. D., Health TODD. President, A. L. CUNINGHAM, M. D. J. T. KITCHINGS, M. 1> Officer, EDWARD VON ADELUNG. M. D. Secretary, D. TV DOODY. Bacteriologist, PAULINE S. NUSBAUMER, M. D. Chemist, CHARLES H. ROWE, M. D. Sanitary Inspector, S. F. GEMMELL. Assistant Sanitary Inspectors, C. STRASBURG. EDW. J. SMITH. Markets, Meat and Milk Inspector and Veterinary Surgeon. R. A. ARCHIBALD, D. V. S. BOARD OF EDUCATION. GEO. E. RANDOLPH, President FREDERICK C. CLIFT, LOWELL J. HARDY, F. M. HATAWAY, JOHN D. ISAACS, DR. MYRA KNOX, Superintendent C. E. REDDINGTON, D. ROBERTSON C. D. ROGERS. DR. W. J. WILCOX, DR. A. H. PRATT.. and Secretary, J. W. McCLYMONDS. Assistant Superintedent and Secretary, R. B. S. YORK. Stenographer, MISS E. M. YORKER. LIST OP OFFICERS. 453 TRUSTEES OF FREE LIBRARY AND READING ROOM, President, DR. HARRY P. CARLTON. Assistant, EDWARD R. ELIASSEN. WALLACE M. ALEXANDER, GEO. S. EVANS, WM. H. GORRILL. Clerk, CHAS. N. WALTER. STAFF. Librarian, CHAS. S. GREENE. Associate Librarian. FREDERICK I. BAMFORD. Associate Librarians, MRS. CARRIE KNAPP LOUDERBACK, MISS ALICE PERES. Cataloguer, MISS JENNIE M. FENTON, Attendant, CHARLES ALLEN. Curator Reading Room. DWIGHT STRONG. Janitor, E. A. PERRIN. READING ROOM CURATORS. East Oakland, I. O. Ross; North Oakland, Mrs. L. H. Codington; West Oakland, L. A. Parker; Twenty-third Ave., Mrs. Ida M. Sterling; Alden, Miss M. E. Burdick; Golden Gate, Miss Estella Mincher. City Hall Janitor, JOHN A WILDS. Night Watchman, FRANK COLVIN. x ERRATA Page 28, See. 34, Charter, to read as follows: Section 41. Page 32, Sec. 47, Charter; Insert in second line after the words “Stat. 1895, p. 113,” Stat. 1901, p. 576. Sec. 32, Ord. 1995, page 83, amended by Ord. 2244, page 390 hereof. Page 105, Sec. 12, Ord. 1009, sub-head to read as follows: [WHEN MUST BE PROCURED.] Page 111, Sec. 40, Ord. 1009, repealed by Ord 2232, page 388, hereof. Page 129, Ord. 1890, eight lines from bottom of page to read as follows: ‘‘and the northerly City line be changed to Fairmont avenue.” Page 134, Ord 1908, heading to read as follows: “AN ORDINANCE ACCEPTING THE DEDICATIONS, AND OFFERS OF DEDICA¬ TION,” etc. Page 137, Ord. 2028, second line of heading to read as follows:. “THE PURPOSE OF ERECTING AND MAINTAINING THEREON.” Page 180, Sec. 7, Ord. 1460, second line to read as follows: “of the removal of any building shall permit the same to obstruct any” / Page 216, Ord. 701, reference note under heading to read as follows: (See also Supplementary Ord. 868, p. 22, hereof. For boundaries of fire limits, see p 221, post.) Page 247, Sec. 9, Ord. 2108,, second line from top, to read as fol¬ lows: “of contamination of the surrounding soil. Said cess-pools must not be” Page 247, Sec. 10, third line to read as follows: “writing from the Board of Health. Every person construction sewers” Page 254, Ord. 1735, last line to read as follows: 2, 1896. 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