iJlSli i w m. T aV’t Oj^farj fiM-k'jJo T hKkS; 7\/Ucr-JWiWi**' *j * * .]/^l^kT j iw Wj mi^ (AdnM m IpTW^ V ^ ; T «V 1 ■ w-Hf QyQ II ii M St AH* L-:'" * L t-:-A'' 1 ' aQa THE UNIVERSITY OF ILLINOIS LIBRARY 352.0773 18 £>? X41S. ©F THE ©ITT ©F MT. POLASKI ILLINOIS. Published by Anithority ©f th© ©ity ©©iafigU. REVISED AND ARRANGED BY F. E. T©MEINS©N. 1897 . Mt. Pulaski News Printing Establishment. -*>?a, vill> Y\ % £> ^ AN ORDINANCE S| ax to /ft j (0 For Revising and Consolidating the General Ordinances of the City of Mt, Pulaski, o° oJ m Whereas, It is expedient that the general ordinances of this city should be consolidated and arranged in appropriate chapters and sections, and that an index to the whole should be made; therefore, Be it Ordained by the City Council of the City of Mt. Pulaski in the Manner Following—that is to say: a. \ X 985648 2 REVISED ORDINANCES CHAPTER I. ADDITIONS, MAPS AND PLATS. Section 1. “ 2 . “ 3. “ 4. “ 5. “ 6 . “ 7. Original surveys. Additions to correspond with streets. Plats must be submitted to council. Penalty for recording Plat before approved, etc. Penalty for selling Lots, etc. Plats of unusual form liovv authorized. Certificate of approval. Section 1 . Original surveys. Be it ordained by the city council of the city of Mt. Pulaski: That the original surveys and plat of the town of Mt. Pulaski, together with the additions subsequently made thereto shall be and the same are hereby adopt¬ ed as the city plat of said city, together with a survey made bv Thomas Gardner, County Surveyor of Logan County, Illinois, and filed for record in the office of the circuit clerk of said county and state, on the 27th day of November, A. D. 1875, and duly recorded in Book No. 1 of Plats at page 48 of the records in said office. Sec. 2. Additions to correspond with streets. Any addi¬ tion or additions which may be made to said city, or any lands ad¬ joining, or within the same which may be laid out into lots or blocks, shall be laid out, surveyed and platted so that the blocks or other subdivisions shall conform to the regular blocks of the original town plat, or with the regular blocks of the additions adjoining said lands or additions proposed to be laid out. The streets and alleys of such proposed additions shall correspond with and conform to the pre¬ viously established streets and alleys with which they may connect and by such connections become a continuation of the same. Sec. 3. Plats must be submitted to city council. Any person who shall survey or plat any additions to the city of Mt. Pulaski, or any lands adjoining or within the same, into lots, blocks, or other subdivisions, or shall re-subdivide any block, lot, sub-lot, out-lot or part thereof, within said city, shall submit the map, plat or subdivision thereof to the city council for its approval; and no or THE CITY OF MT. PULASKI. 3 such map, plat or subdivision shall be valid, or be admitted to rec¬ ord in the office of the recorder of deeds in and for Logan county, until the same has been so submitted and approved by the city council. Sec. 4. Penalty for recording plat before approval , etc. Any person who shall, as owner of the land so surveyed or platted, or as the agent of any such owner, cause to be recorded in the re¬ corder’s office of Logan county, any such map, plat or subdivision mentioned in Section 3, without having the same submitted to and approved by the city council, before filing the same in said record¬ er’s office for record, shall be fined not less than twenty-five dollars, nor more than one hundred dollars. Sec. 5. Penalty for selling lots , etc. Any person who, as owner of the land so surveyed or platted, or as the agent of any such owner, shall sell or offer for sale any lot, block, subdivision, or part thereof, in any such addition, division, or subdivision of lands- as mentioned in Section 3, hereof, before the map, plat or subdivis¬ ion thereof has been approved by said city council, shall be finedi not less than twenty-five dollars nor more than one-hundred dollars for each offense. Sec. 6. Plats of unusual form how authorized. When any person may wish to plat or lay out any addition of land within the corporate limits of the city of Mt. Pulaski, in any other manner than is hereinbefore described, he may apply to the city council of said city, in writing, designating the manner in which he proposes to lay out or plat said addition, and submit a plat thereof. Upon approval of such plat by the city council by resolution, by the af¬ firmative vote of a majority of the aldermen elected in said city council, such lands may be so laid out and platted. Provided, That such application shall not be acted upon by said city council until it and the plat accompanying it shall have been on file in the office of the city clerk for at least thirty days; and notice of such application shall have been published in two succes¬ sive issues of some weekly newspaper published in said city, or no¬ tice thereof given by posting written notices of the same in four of the most public places in said city, at least twenty days before the date of the meeting of the city council at which action is to be tak¬ en on such application. If notice is given by publication in a news¬ paper, the first publication- thereof must be at least twenty days 4 REVISED ORDINANCES before the date of the meeting of the city council at which action is taken on such application. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April, A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. OF THE CITY OF MT. PULASKI, 5 CHAPTER II. AMUSEMENTS. Section 1. 4 4 2. 4 4 3. 4 4 4. i 4 5. -4. 6. •44 7. l 4 8. 4 4 9. 4 4 10. k 4 11. 4 4 12. 4 4 13. 4 4 14. 4 4 15. Classification of amusements. License required. Licenses and fees. Class and fee decided by the mayor. License subject to all ordinances. Entertainments where liquor is sold. Owners, lessees or agents to see license is obtained. Persons in hallways. Indecent play. Disorderly conduct. Processions in the street. Shooting galleries. Rate of license. Target shooting in uninclosed place. Shooting of firearms. Section l. Classification of amusements. Be it ordained by the city council of the city of Mt. Pulaski: That forthe pur¬ pose of providing for the licensing and taxation of theatricals, shows, amusements and all public exhibitions for gain, the same are hereby divided into three classes, which shall be known as first, second and third class, viz: First y Entertainments of a regular dramatic or operatic charac¬ ter, variety shows and negro minstrels, given in theater or opera houses, shall be known as entertainments of the first class. Second , Concerts or other musical entertainments, public read¬ ing, exhibitions of paintings or statuary, panoramas, performance of feats of jugglery, sleight of hand or necromancy, exhibition of nat¬ ural or artificial curiosities, and other entertainments of every kind 6 REVISED ORDINANCE E not mentioned in this section, which may be given in theatres, opera houses or public halls, shall be known as entertainments of the sec¬ ond class. Third, Circuses, menageries, caravans, hippodromes, side-shows and concerts, minstrel and musical entertainments given under can¬ vas, exhibitions of monsters or freaks of nature, and all exhibitions that maybe given under a canvas, not herein specifically mentioned,, shall be known as entertainments of the third class. Sec. 2. License required. No person or persons shall give any entertainments mentioned in this chapter within the limits of the city, for gain, without a license therefor first had and obtained from the mayor, under the seal of the city, under a penalty of not less than ten dollars, and not exceeding two hundred dollars for each and every such entertainment given in violation of this chapter. Provided, That for concerts,exhibitions,musical entertainment given by or for some home association, society or church, no license shall be required. Sec. 3. Licenses and fees. Each license shall express on its face for what it is granted, and the time it is to continue; and the following license fee shall be charged for each license granted, and shall be paid to the city clerk, viz: First, For entertainments of the first class, the sum [of] one dollar for every performance or exhibition. Second, For entertainments of the second class the sum of one dol¬ lar for each performance or exhibition. Third, For entertainments of the third class, the following sums, viz: For each circus or menaverie. or circus and menagerie com- O ' O bined, and each hippodrome, the sum of ten dollars, per day for each day; for each side show with any circus, menagerie or hippo¬ drome, two dollars for each day; for each concert, musical or minstrel entertainment, given under a canvas the sum of five dollars; for any other entertainment of the third class the sum of five dollars per day is to be charged. Sec. 4. Class and fee decided by the mayor. The mayor shall determine in every case, when application is made for a li¬ cense under this chapter, the class to which the entertainment be¬ longs, and the amount of the license fee to be paid, when it is not specifically fixed by this chapter. The person to whom the license is granted, shall pay the license fee to the clerk, who shall issue T)F THE CITY ©F YIT. PULASKI. i the license; which license shall be signed by the mayor and attested by the clerk. Sec. 5. License subject to all ordinances . Every license granted under the provisions hereof, shall be subject to the ordi¬ nances of the city existing when the same shall be issued, or which shall hereafter be passed so far as the same shall apply. Sec. 6. Entertainments where liquor is sold. No person shall be allowed to give any -concert, musical entertainment, dra¬ matic or 'variety show, or entertainment of any kind, in any li¬ censed saloon or place where intoxicating liquors are sold, or in any place the entrance to which is through a saloon, without a special permit from the city council; any person violating this section shall be fined not less than ten dollars, nor more than two hundred dol¬ lars for each violation. Sec. 7. Owners, lessees or agents to see license is obtain¬ ed. It shall be the duty of every proprietor, lessee or the agent (either) in charge of any theater, hall or other building where public entertainments are given, before he permits any person or persons to use the same for giving any entertainments therein for gain, to see that a license therefor is obtained as herein required, or to ob¬ tain the same himself, either in his own name, or in the name of the person or persons proposing to give such entertainment, under a penalty of not less than five dollars, nor more than fifty dollars for each offense. Sec. 8. Persons in hallways. It shall not be lawful for boys or other persons to loiter or stand in any lobby, hallway or outer entrance to any theatre, hall or other public building, or on the sidewalk adjacent to such entrance, after a request to move on, made by the owner, lessee or manager of the entertainment, or any police officer, under a penalty of not less than one dollar, nor more than twenty-five dollars for each offense. Sec. 9. Indecent play. No license shall be granted for, or if granted the same shall not be held to authorize the enacting or per¬ formance of any indecent or lewd play or exhibition of any kind; and any person giving, exhibiting or taking part in any such play or exhibition shall be fined not less than five dollars nor more than two hundred dollars. 8 REVISED ORDINANCES Sec. 10. Disorderly conduct. Any person that shall conduct himself in a riotous or disorderly manner at any place of exhibition or amusement, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars; and if any person belonging to or connected with any such show or exhibition shall conduct himself in a riotous or disorderly manner, or cause any dis¬ turbance or breach of the peace at the place of exhibition, the li¬ cense of such shor or exhibition may be revoked or forfeited by the mayor inhis discretion, and no license shall at any time thereafter be granted for such exhibition unless for good cause shown, and with the consent of the city council. Sec. 11. Processions in the Street. No circus, menagerie, caravan, show, band or procession of any kind tending to the col¬ lection of persons on the streeets and sidewalks, or the obstruction of the same, shall without the written consent of the mayor parade or travel upon or through the streets of said city, for the purpose of exhibiting or for the purpose of attracting the attention thereto of passers by, or the people on the street and sidewalk; and no person shall, except where the mayor has given his written consent as aforesaid beat any drum or other instrument, or blow any horn or other instrument in any of said streets for the purpose of attracting public attention to any circus, menagerie, show or procession. Any person violating this section or any part thereof, either as owner, manager or employee of any such circus, menagerie, show, band or procession of any kind, shall be fined not less than ten dollars, nor more than two hundred dollars for each offense. Provided, that this section shall not apply to any band of music or musical society engaged in serenading, or any civic or military society or other pa¬ rade made by citizens of said city. Sec. 12. Shooting galleries. No person shall manage or run any shooting gallery or place for target shooting without first ob¬ taining a license therefor, under a penalty of ten dollars for each offense. Sec. 13. Pate Of license. The rate of license for shooting gal¬ leries and places for target shooting shall be, for one year, twenty- five dollars; for one month, ten dollars; for one week five dollars; for one day, two dollars. Sec. 14. Target shooting in uninclosed place No person OF THE CITY OP MT. PULASKI. 9 shall keep, maintain or use any shooting gallery or place for target practice in any alley, street, or in any open or uninclosed place in said city, nor shall any person set up any target in any such open or uninclosed place, or shoot at the same, under a penalty of not less than ten dollars for each offense. Sec. 15. Shooting Of firearms. No license issued for main¬ taining a shooting gallery, shall be construed so as to authorize or permit the firing of any gun or other firearm contrary to any ordi¬ nance of said city. Passed the 5th day of April, I), 1897. Approved the 5th day of April, A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. 10 REVISED ORDINANCES CHAPTER III. Section 1. 4 4 2 . 4 % 3. i 4 4. 4 4 5. 4 4 6 . 4 4 7. 4 4 8 . » 4 9. 4 4 10 . ; 4 11 . 4 4 12 . ANIMALS. Running at large of animals prohibited—Penalty. Animals to be impounded. Care of animals impounded—Fees. City marshal to file complaint. , Complaint against unknown owner. Posting up notices. Trial. Sale of of property. Paying money to magistrate—Redemption to owner. Breaking open pound—Resisting pound master—Pen¬ ally. Wilfully driving, enticing, etc. Not to leave animal hitched, etc. Section 1. Running at large of animals prohibited—Pen¬ alty. Be it ordained by the city council of the City of Mt. Pu¬ laski: That it shall be unlawful for any domestic animal of the species of horse, mule, cattle, sheep, swine, goat or goose to run or go at large, or to be herded or staked out in such way as to be able to go, while so staked out or herded, upon any street or alley, at any time, within the corporate limits of the city of Mt. Pulaski; and any person, being the owner or possessor or keeper of any such animal or animals, who shall knowingly suffer or permit the same to run or go at large, or to be herded or staked out, in said city in violation of this section, shall be subject to a penalty of not less than three dollars nor more than ten dollars for each offense, together with the fees for impounding and the expense of sustenance for such animal or animals when impounded, as hereinafter provided. Sec. 2. Animals to be impounded. It is hereby made the duty of the city marshal, and such assistants as he may appoint, of OF THE CITY OF MT. PULASKI. 11 said city, to take up any and every animal aforesaid known by him or them to be unlawfully at large contrary to the provisions of this ordinance, and to confine the same in the city pound or such other place as may be provided for that purpose. Sec. 3. Care of animals impounded—Fees. Suitable and necessary food and drink shall be provided for all such animals as may be taken up and impounded by the person impounding the same, during the time they may be so impounded; and the cost of such sus¬ tenance, together with the lawful fees for taking up and impounding, shall be paid to such person or officer before any such animal shall be released from the pound. The city constable or his assistants may charge and receive for their fees for taking up and impounding any cattle, horses, mules or asses, fifty cents per head; for each swine, other than sucking pigs, goat or sheep, twenty-five cents; and for each sucking pig or goose, five cents; and for providing suit¬ able sustenance for cattle, horses, mules or asses, not exceeding forty cents per head; and for each swine, except sucking pigs, goat or sheep, not exceeding fifteen cents; and for each goose not exceed¬ ing five cents [, and] for each twenty-four hours, or fractional part of a day exceeding twelve hours, the same may be kept. Sec. 4. City marshal to file complaint — Warrant. When any animal or animals shall have been impounded as aforesaid and the owner or person entitled to the possession of the same, shall fail to appear within twenty-four hours after the impounding, and pay the fees and charges required for their redemption, it shall be the duty of the city marshal or his assistant to make complaint in writing be¬ fore the police magistate giving a general description of the animal or animals impounded, the date of impounding, and the name of the owner thereof if known to the complainant and thereupon the mag¬ istrate or justice shall issue a warrant against the owner or keeper of said animal or animals for permitting the same to run at large in violation of the provisions of this ordinance; and upon the return of the warrant duly executed, or the.defendant appearing in court, like proceedings shall be had as in other cases for the recovery of fines and penalties under the ordinances; and if the defendant is found guilty, judgement shall be rendered against him for the penalty, im¬ pounding fee, cost of sustenance, and cost of suit, and an order shall be entered that such animal or animals be sold to satisfy said judg¬ ment and costs, unless the same shall be forthwith paid. 12 REVISED ORDINANCES Sec. 5. Complaint against unknown owners — Notice. When the owner of animal or animals impounded is unknown, complaint shall be made in like manner as provided in the last section hereof, against the ‘‘unknown owner” of such animal, describing the same; and thereupon the magistrate before whom such complaint is made, shall issue a notice in substance as follows: POUND NOTICE. Whereas, Complaint has this day been made before me that the unknown owner of the following described animal (or animals) to-wit: .impounded at .on the.day of.. has permitted the same to run at large contrary to the provisions of a certain ordinance in relation to the running at large of domestic animals, of the revised ordinances of the city of Mt. Pulaski. Now, therefore, notice is hereby given that a trial will be had upon the said complaint at my office in the city of Mt. Pulaski, on the.day of.at the hour of .when and where said unknown, or other person interested therein, may appear and defend, if he shall see fit to do so. Witness my hand and seal this.day of.A. D. Sec. 6. Posting Up notices. The day named in said notice for trial shall not be less than five nor more than fifteen days from the issue of the same. It shall be the duty of said city marshal or his assistant to post three copies of said notice, to-wit: One at the pound where such animal is impounded, the remaining two in the most public places in said city, and to make due return thereof, showing the time and manner of said posting. Sec. 7. Trial. Said cases shall be tried in the same manner as other cases for the violation of ordinances of said city are tried, and if, upon the trial, it is found that the penalty prescribed in section one has been incurred said police magistrate or justice shall give judgment against the owner or owners of said property, or against the unknown owner or owners who shall have been notified by post¬ ing, for said penalty and costs of such proceeding and trial and the costs of impounding and caring for said property, and enter an or¬ der on his docket directing the officer having charge of said proper¬ ty to sell the same for said penalty and costs. Sec. 8. Sale of property. The officer so authorized shall there¬ upon proceed to sell said property, conducting said sale as near as may be in the manner provided by the statutes of the State of Illi¬ nois for the sale of property by constables, under execution. Pro¬ vided, however that the owner or owners thereof may at any time before said sale, release said property from custody by the payment of said penalty and all costs accrued. Sec. 9. Paying money to magistrate—Redemption by own- OF THE CITY OF MT. PULASKI. 13 cr. The said city marshal or his assistant, immediately after he shall receive any money from the owner of any animal so impounded by him, or from the sale thereof, shall pay the same over to the magistrate before whom such case is pending, less the amount of of his fees and expenses, and such magistrate shall pay the fine and all the surplus of any such sale, after deducting all the court costs and expenses, into the city treasury in the same manner and at the same time as is required of him to pay money arising from other fines. Provided, that if any owner of any such animal sold as aforesaid shall apply and prove the ownership thereof to the satis¬ faction of such magistrate, before he pays said money over to the city treasurer, such surplus shall be paid to such applicant and a receipt taken therefor. And when any such surplus proceeds have been paid into the city treasurjq the owner of any such animal shall be entitled to receive the same upon presentation to the city council of satisfactory proof of his ownership of such animal and a certificate of the magistrate of the amount of the same. Sec. 10 . Breaking open pound—Resisting officer—penalty. Whoever shall break open any city pound, or shall take or attempt to take therefrom any impounded animal without consent of the offi¬ cer impounding the same, or whoever shall resist, obstruct, hinder or delay the city marshal or any of his assistants, while taking or driving to the city pound or other place provided for the detention of animals found running at large, any animal found unlawfully at large within said city, or who shall in any manner attempt to pre¬ vent the impounding of such animal, shall upon conviction be fined not less than five dollars nor more than one hundred dollars for each offense. Sec. 11. Wilfully driving, enticing, etc. Whoever shall wil¬ fully drive or entice any animal from without the corporate limits of the city into the same, or let any animal out of any enclosure in which it may be confined, or aid or abet the letting out thereof, in order to take or impound the same, shall be subject to a penalty of not less than ten dollars nor more than one hundred dollars in each case. Sec. 12. Not to leave animal hitched, etc. No person shall hitch any horse, mule or other animal at any rack or public place within the corporate limits of said city, and permit the same to re- 14 REVISED ORDINANCES main without food or drink fbr a longer time than ten hours at one time, or later than the hour of eleven o’clock at night. The city marshal or any police officer of said city, shall take charge of any such animal found hitched at the public square or other public place when the same shall have been left so hitched for a longer time than ten hours without food or drink, or later than 11 o’clock at night, and shall take the same to some livery stable or other proper place, and shall see that such animal is properly cared for, and the owner of such animal shall be required to pay all such charges as may be so made, together with a fee of 25c. to such officer so taking charge of the same. Any person guilty of a violation of this ordinance shall be liable to a fine of not less than three dollars nor more than ten dollars for every such violation, except the same may be caused by accident or necessity. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April, A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. OF THE CITY OF MT. PULASKI. 15 CHAPTER IV. AUCTIONS AND AUCTIONEERS. Section 1. “ 2 . “ 3 . “ 4 . “ 5. “ 6 . “ 7. “ 8 . Sale of goods at auction to be by auctioneers. License fee. License—How obtained—Not transferable. Clerks. Revocation of license. Selling on streets. Substitution of articles—Penalty. Penalties for violation of chapter. Section 1. Sale of goods at auction to be by auctioneers. Be it ordained by the city council of the City ofMt. Pulaski: That all sales of goods, wares and merchandise, or other personal property, at public auction, within the city, except such as are made under and by virtue of legal process, judicial orders or sales under chattel mortgages, shall only be made by a person, or his authorized clerk, who shall have first obtained a license for such purpose, and executed a bond to said city, as herein provided. Sec. 2. License fee. A person may become an auctioneer and be licensed to sell personal property at public auction at a place to be named in the license, upon paying to the city clerk, fifty dollars for one month, twenty dollars for one week and four dollars for one day. Sec. 3. License—How obtained—Not transferable. Any person who may wish to obtain a license under this chapter, shall apply in writing for the same to the mayor, setting forth in such application his proposed place of business, the names of any partner or clerk, who will be engaged in such business, the length of time for which such license is desired. If the mayor grants such license, he shall make an indorsement to that effect upon such application, 16 REVISED ORDINANCES and the same shall thereupon be presented to the city clerk. In no case shall such license be transferable, nor shall any other person, partner or firm do business under the same, other than the person therein named, nor shall the place of business therein named be changed, without the consent of the mayor indorsed thereon. Sec. 4. Clerks. The said license shall designate who are per¬ mitted to do business under and by virtue of the same, either as principal, agent or clerk, and if any other person is employed as agent or clerk, to do business under such license, the consent of the mayor shall be first had and obtained, and indorsed on said license. Sec. 5. Revocation Of license. All license shall be subject to revocation by the mayor, or the city council, whenever it shall ap¬ pear to his or their satisfaction that the party so licensed, his agent or clerk, has violated any of the provisions of this ordinance relating to auctions or auctioneers. Sec. 6. Selling on streets. Any auctioneer having a license, as aforesaid, or his clerk may sell at public auction within any of the streets or alleys, squares or commons of the city, any horses, mules, cattle, or any wagon, carriage or other vehicle, or any article too cumbrous to be removed to his place of business, by obtaining written permission from the mayor; but, except as herein provided, no articles shall be sold at public vendue by such persons, on the streets, alleys, public squares or commons as aforesaid. Provided, nothing herein shall authorize the holding of any auction in a manner to prevent travel upon any of the public streets of the city. Sec. 7. Substitution of articles—Penalty. Whoever shall exhibit and offer for sale at auction any article, and induce its purchase by any bidder, and shall afterwards substitute any other article in lieu to that offered to, and purchased by the bidder, or whoever shall, while engaged in, or about making any auction sale, be guilty of any device, trick or fraudulent practice with intent thereby to deceive or defraud any bidder, shall be fined not less than ten dollars nor more than fifty dollars, and the license of such person shall be forfeited. Sec. 8. Penalties for violation of chapter. Any person who shall sell or attempt to sell at public auction any personal property OF THE CITY OF MT. PULASKI. 17 whatever, except under legal process, judicial orders or under chat¬ tel mortgage, without first having obtained a license therefor, as above required, shall, on conviction thereof, be fined not less than ten dollars, nor more than one hundred dollars for each offense. Any licensed auctioneer who shall permit any other person than such partner, agent or clerk, whose names are designated in his license, to sell any article at auction at the place designated in such license, without having permission from the mayor for such person to sell, indorsed on his license, shall be fined not less than five dollars, nor more than one hundred dollars; and such person so selling as partner, agent, clerk or otherwise, without such permis¬ sion from the mayor, shall also be fined not less than five dollars, nor more than twenty five dollars for each offense. Any person violating any provision of this chapter, where no other penalty is imposed, shall be fined not less than five dollars, nor more than one hundred dollars for each offense. Passed the 5th day of April A. D. 1897 Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. 18 REVISED ORDINANCES CHAPTER V. BILLIARDS, TEN-PINS, ETC. Section 1. “ 2 . “ 3. “ 4. Penalty for billiard tables, ten-pin alleys, etc., with¬ out license. License fee. Billiard rooms, etc.—when closed. Keeper not to allow minor to play without consent, nor to allow disorderly conduct, etc.—Penalty. Section 1 . Penalty for billiard table, ten-pins, etc., with¬ out license. Be it ordained by the city council of the city of Alt. Pulaski: That whoever shall keep within the city of Mt. Pu¬ laski any billiard, pool, bagatelle or pigeon-hole table, or any ball or ten-pin alley, to be used or played upon by others, without a li¬ cense therefor, shall be fined not less than five dollars nor more than one hundred dollars for each lime any person may be permitted to play thereon or therewith: Provided, That this article shall not apply to any such article above named kept in private bouses for private use or in club rooms for the use of the club members. Sec. 2. License fee. There shall be taxed and collected for a license to keep a billiard or pool table for one year, twenty dollars for each table. There shall be taxed and collected for a license to keep a ten-pin alley or ball alley for one year, twenty dollars for each alley. There shall be taxed and collected for a license to keep a bagatelle table or a pigeon-hole table, twenty dollars each. Sec. 3. Billiard rooms, etc.—When closed—Penalty. All billiard rooms and ten-pin or ball alleys shall be closed on Sunday, and on week days they shall be closed by eleven o’clock in the even¬ ing of each day, and be kept closed until five o’clock in the morning of the next day following. Any person violating this section shall, OF THE CITY OF MT. PULASKI. 19 for each offense, be fined not less than ten dollars, nor more than fifty dollars. Sec. 4 . Keeper not to allow minor to play without consent , nor to allow disorderly conduct—Penalty. No keeper of any billiard, bagatelle, pigeon-hole or pool table, or any table kept and used for similar purposes, or ball or pin alley or shooting gallery of any sort or kind, shall suffer or permit any minor to frequent or loiter in or about the building or place so occupied by him, or to roll or play upon his table or alley, or to shoot in such gallery, without the consent of the parent or guardian of such minor; nor shall he suffer or permit any boisterous noise or disorderly conduct, or allow any person or persons to use profane, obscene or indecent language in the building or place so occupied by him, under a penalty of not less than five dollars nor more than ten dollars for each offense. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. 20 REVISED ORDINANCES CHAPTER VI. BILL POSTER. Section 1. Bill poster required to take out license. “ 2. Bill board when a nuisance. u 3. License fee. Section 1. Billposter required to take out license. Beit ordained by the city council of the city of Alt. Pulaski: That no person shall for gain, wages or renumeration within the corpor¬ ate limits of the city of Mt. Pulaski put up, paste, stick or other¬ wise place any hand bill, poster, placard or any printed, pictured or written matter or thing whatever upon any house, wall, building, fence, railing, sidewalk or other property public or private or dis¬ tribute the same upon the streets, alleys or public grounds of said city without a license therefor to be known as “a bill poster license” being first taken out by the person so doing. Provided, nothing herein shall authorize any such licensed person putting up any such hand bill, poster, placard, planted, pictured or written matter or thing upon ary such public or private property without the per¬ mission of the owner or person in charge thereof. Provided, fur¬ ther, nothing herein shall be construed to deny to the owner or lessee of any private property the right to place such signs and advertisements thereon, as are now by ordinance permitted to be put up and erected, nor to prevent any person advertising his own business in a legitimate manner. Any person found guilty of violation of any of the provisions of this section shall be fined not less than five dollars, nor more than twenty dollars. Sec. 2. Bill board when a nuisance. Whoever shall erect, keep or maintain any bill-board or board for advertising upon any OF THE CITY OF MT. PULASKI. 21 public ground or place, or upon any private premises, adjacent sidewalk, street or foot way, the same being so erected as to occa¬ sion danger or inconvenience to the public, shall be deemed guilty of erecting a nuisance and will be fined not less than five dollars, nor more than twenty dollars. Sec. 3. License Tee. Any person desiring to take out a bill¬ poster license shall make application therefor to the city clerk and upon payment of the sum of eight dollars to the treasurer of 'the city, and the clerk’s fees for issuing the same, shall be given a license as bill-poster as contemplated by this ordinance, to be good for the period of one year from the date thereof. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April, A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. 22 REVISED ORDINANCES CHAPTER VII. BOUNDARY. Whereas: By virtue of an order made in the county court, in the March term of said court in the year 1876, an election was held by the citizens of a territory now included within the bounds here¬ inafter set out. And Wheras: At the said election aforesaid, held on the 3d day of April, A. D. 1876, it was decided to organize the said territory into an incorporated town to be known as the Village of Mt. Pu¬ laski. And Whereas: The citizens of said territory, in (the) conformity with other directions of said court aforesaid, given on the 4th day of April, A. D. 1876, did organize said territory into said village by electing trustees for the same on the 26th day of April, A. D. 1876, as by said order of the court they were directed and as was requir¬ ed of them by the laws of the State of Illinois, all of which is shown by the records of said court. And Whereas, on the 27th day of September, 1892, J. M. Whit¬ ney and others presented their petition to the president and board of trustees of said village, praying the question of the adoption of city organization for said village be submitted to a vote of the electors of said village. And Whereas, an ordinance was passed by the president and board of trustees on the 22d day of November, 1892, submitting the question of the adoption of city organization for said village to the electors of said village, and ordering an election for such purpose to be held on the 3d day of January, 1893, and appointing judges and clerks for such election. And Whereas, at an election held January 3d, 1893, pursuant to OF THE CITY OF MT. PULASKI. 23 a legal petition and sufficient notice given by the proper officers, the electors of the village of Mt. Pulaski did decide by a majority of the votes cast at such election to organize as a city under the general law provided by the statutes of the State of Illinois. All of which is shown by the records of said village. Therefore be it ordained by the City Council of the City of Mt. Pulaski.' That section one of this chapter set out and show(n) the bounds of the city of Mt. Pulaski. Section 1. Boundaries Of the city. Beginning at the north¬ east corner of section fourteen, town eighteen north, range two west of the 3d, p. m.: thence west in a straight line one mile to the northwest corner of said section; thence south in a straight line one mile and eighty rods, to the southwest corner of the northwest quarter of the northwest quarter of section twenty-three, town eighteen north, range two west; thence east in a straight line one mile to the southeast corner of the northeast quarter of the north¬ east quarter of section twenty-three, town eighteen north, range two west; thence north in a straight line one mile and eighty rods to the point of starting. Passed this 5th day of April A. D. 1897. Approved this 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. 24 REVISED ORDINANCES CHAPTER VIII. CEMETERIES. Section 1. “ 2 . “ 3. “ 4. “ 5. “ 6 . “ 7. “ 8 . Plat adopted. Appointment and duty of sexton. Sale of lots, etc. Price of lots. Burial permits required. Compensation of sexton—penalty. Not to trespass upon lots. Bond of sexton. Section l. piat adopted. Be it ordained by the city council Of the city Of Mt. Pulaski: That the plat of Mt. Pulaski ceme¬ tery, as originally laid out and surveyed for and in behalf of the town of Mt. Pulaski, together with the addition thereto heretofore made, is hereby adopted as the plat of the Mt. Pulaski cemetery. Sec. 2. Appointment and duty Of sexton. The mayor with the advice and consent of the city council shall annually appoint a sex¬ ton whose duty it shall be to take charge of said cemetery, to keep the streets and alleys thereof clean and in good order, and to take care of the property belonging thereto. Said sexton shall also when required, dig graves and assist in the burial of bodies therein. It shall be the further duty of said sexton to enforce all ordinances relating to misdemeanors in said cemetery. Sec. 3. Sale Of lots, etc. The city clerk shall have the custody of the plat of said cemetery, and shall, upon the sale of any lot or lots, distinctly mark upon the plat, on the lot or lots so sold, the name of the party to whom sold. He shall also keep a record in a book to be furnished for that purpose of ail such sales. The book shall contain a description of all the lots in said cemetery as the same now are or may hereafter be platted. And upon the sale of OF THE CITY OF MT. PULASKI. 25 any such lots, the city clerk shall place opposite the number of the lot so sold, in appropriate columns, the name of the purchaser, the date of the sale and the price paid by such purchaser. Sec. 4. Price Of lots. The city clerk shall charge for said lots the following prices, to-wit: In block one to the resident citizens of said city, $5.00, to other persons, $10.00; in block two and three to resident citizens $10.00, to other persons $15.00, in block four to resident citizens, $5.00, to other persons $10.00; in block six to resident citizens $15.00, to other persons $25.00. In the first addition to Mt. Pulaski cemetery the lots shall be sold for the following named amounts, to-wit: In section one, lots numbered 1 to 40 both inclusive $10.00 to resident citizens, toother persons $15.00; for all other lots in section one, $25.00 to resident citizens, to all other persons $30.00. In section two lots numbered 1 to 40 both inclusive $25.00 to resident citizens and to all other persons $30.00; for other lots in section two and all lots in section 3 of said addition $15.00 to resident citizens and to other persons $20.00; which said amounts shall be paid before the transfer, to such purchasers, of the deeds conveying to them the lots so purchased. All such deeds shall be executed by the mayor and attested by the city clerk and acknowl¬ edged as required by law. The amounts received from the sale of cemetery lots shall be paid by the city clerk to the city treasurer and his receipt taken therefor; and all such sums so received by said treasurer shall be kept and held as a special fund for the purpose of defraying the expenses incurred in keeping said cemetery in good repair and order Sec. 5. Burial permits required. No dead body of any person shall be interred in said cemetery until a permit therefor from the- city clerk shall have been granted; which said permit shall show the date thereof, to whom issued, for whom it is given, the date of death and age of person, the place and cause of death, the medical attendant, in what lot and block said burial is to be made. For which permit the city clerk shall receive a fee of 25c. The said city clerk shall keep a record of all such permits issued, giving in said rec¬ ord a statement of the facts set out in all such permits, and when, required furnish a monthly report to city board of health. Sec. 6. Compensation of sexton — Penalty. Said sexton REVISED ORDINANCES 26 shall charge and receive for his service in digging each grave and assisting in the burial of the body therein, when requested, the sum of three dollars; and any other person or persons than the sexton so chosen by the board who shall dig any grave or graves, or shall in any other way assume to perform the duties of said sex¬ ton, other than those at the request of said sexton, or upon his in¬ ability or refusal to perform such duties after his fees for such per¬ formance have been legally tendered to him, shall be subject to a penalty of not less than ten dollars in each case. Sec. 7. Not to trespass Upon lots. It shall be unlawful for any person or persons to walk or drive within said cemetery, other than upon the streets or alleys thereof, and any person violating the provisions of this section shall be subject to a penalty of not less than five dollars. Sec. 8. Bond Of sextoil. Said sexton shall, before entering upon the duties of his office, give a good and sufficient bond of one hundred dollars, to be approved by the city council. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April, A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk.. OF THE CITY OF MT. PULASKI. 27 CHAPTER IX. CITY COLLECTOR. SECtlON 1. “ 2 . “ 3. “ 4. “ 5 . “ 6 . “ 7. “ 8 . Appointment of city collector. City collector to give bond. What moneys to be collected by city collector. To preserve papers and keep accounts. Accounts subject to examination—Money to be paid to treasurer. Monthly reports and annual statement to be made to city clerk. Report of delinquent list to be made to county treasurer. Compensation of city collector. Section l. Appointment of city collector. Be it ordained by the city council of the city of Aft. Pulaski: That the mayor of the city may with the approval of the city council, appoint a city collector who shall hold office until the first day of May following his appointment and until his successor is appointed and qualified. Sec. 2. City collector to give bond. The city collector shall before entering upon the duties of his office, take the oath pre¬ scribed and furnish a bond payable to the city of Mt. Pulaski, in such sum as the city council may fix by resolution or ordinance; which bond shall be approved by the city council. Sec. 3. What moneys to be collected by city collector. The city collector shall have the collection of all special assessments levied by the city upon the property within said city, for the payment of improvements constructed by special assessments [;warrants] drawn for the collection of any special assessment, or special tax, shall be directed to the said city collector. 28 REVISED ORDINANCES Sec. 4. To preserve papers and keep accounts. All the city collector’s papers, books, warrants and vouchers may be examined at any time by the mayor or clerk or any member of the city coun¬ cil; and the collector shall every two weeks pay over all money col¬ lected by him from any person or persons or associations, to the treasurer, taking his receipt therefor in duplicate, one of which re¬ ceipts he shall at once file in the office of the city clerk. • Sec. 5. Accounts subject to examination , money to be paid to treasurer. It shall be the duty of the collector to preserve all warrants returned into his hands and he shall keep such books and his accounts in such manner as the city council may prescribe. Sec. 6 . Monthly reports and annual statements to be made to the City clerk. He shall make a report in writing to the city clerk of all moneys collected by him, the account whereon collected, or any other matter in connection with his office, on the Monday of each month before the regular meeting of the city council. Pie shall also annually between the first and tenth of April file with the city clerk a statement of all the moneys collected by him during the year, the particular warrant, special assessment or account on which collected, the balance of moneys uncollected on all warrants in his hands, and the balance remaining uncollected at the time of the return on all warrants which he shall have returned during the preceding fiscal year, to the city clerk. The city clerk shall pub¬ lish or post the same as is required to be done, with the annual report of the city treasurer. Sec. 7. Report of delinquent list to be made to county treasurer. The city collector shall annually on or before the tenth day of March make a report in writing to the county treasurer of Logan county, Illinois, of all the lands, lots, piece or parcels of land in said city, on which he shall have been unable to collect any special assessment or special tax due and unpaid thereon, together with his warrant or with a copy of his warrant or warrants received by him authorizing the collection thereof. Said report shall be ac¬ companied by' the oath of the collector that the list is a correct return of the lands, lots, pieces or parcels of lands on which the special assessments or special taxes levied by authority of the city of Mt. Pulaski, remain due and unpaid; that he is unable to collect the same or any part thereof, and that he has given the notice required by law that said warrants had been received by him for collection. OF TH£ piTV OF MT. PULASKI. 29 Sec. 8. Compensation of city collector. The city collector shall receive as compensation a sum equal to two per cent of the moneys paid to him as such city collector. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. 30 REVISED ORDINANCES i CHAPTER X. DOGS. Section 1. “ 2 . “ 3. “ 4 . u 5. “ 6 . “ 7. “ 8 . “ 9 . Causing or encouraging to fight, etc.—Penalty. License fee imposed—Register kept. Metal badges provided. Badges to be put on dogs. Dogs without badges to be killed. Owner of unlicensed dog to be fined. Fierce, dangerous or mischievous dogs not to run at large—Penalty. Bitch at large during heat may be killed, duty of city marshal—Penalty. Danger from hydrophobia, notice—Penalty—Ex¬ ception. Section l. Causing or encouraging to fight , etc. — Penalty. Be it ordained by the city council of the city of Mt. Pulaski: That when any person or persons shall be present at any dog fight within the corporate limits of the city, when the animals meet acci¬ dentally or otherwise and shall by any gesture or word of encouragement urge the dogs to fight, or if any person or persons shall purposely or by agreement set any dogs to fighting within the corporate limits of said city, they shall be deemed guilty of a mis¬ demeanor and shall be subject to a penalty of not less than three (3) nor more than fifty (50) dollars for every such offense; and it is hereby made the duty of the city marshal to suppress all such dog fights and arrest and prosecute all persons engaged in urging or encouraging said fighting within the meaning of this section. Sec. 2. License fee imposed—Register kept. Every owner, possessor or person who harbors or keeps any dog within the limits of the city, shall annually in the month of August, pay to the city clerk the sum of one dollar for every male dog, and the sum of two OF THE CITY OF MT. PULASKI. 31 dollars for every female dog, and cause such dog to be registered in the office of the city clerk, in a book to be kept for the purpose, and also obtain from such clerk the metal badge hereinafter required to be furnished. Sec. 3. Metal badges provided. The city shall provide each and every year, such number of metal badges as may be necessary, of such size and shape as he shall deem expedient, having stamped thereon the letters Ci T. P. ” and the numbers indicating the year for which the tax is paid. And it shall be the duty of the clerk to deliver one of such metal badges to the person so paying a tax upon any such dog at the time of such payment. Sec. 4. Badges to be put on dogs. Every dog so licensed shall have a collar around his neck with the metal badge aforesaid, securely fastened thereto, and every dog found in the city without such badge shall be deemed an unlicensed dog, and shall be disposed of by the city marshal, or other police officer of the city, as herein¬ after provided. Sec. 5. Dogs without badges to be killed. It shall be the duty of the city marshal to make inquiry for, and cause to be pros¬ ecuted every owner or possessor of any dog, who has not paid the license fee upon any such dog, as herein required, and all dogs of any age found running at large in the city, and wearing no badges, and for which no owner can be found, upon reasonable inquiry, shall be slain by the city marshal or other police officer and removed from the city. Sec. 6 . Owners of unlicensed dog to be fined. Every owner, possessor or person who harbors or keeps any dog within the city, who neglects or refuses to comply with the requirements of this or¬ dinance, shall be fined in any sum not less than five (5) dollars, nor more than twenty-five (25) dollars for each offense: and if any such person persists in refusing to pay such license fee aforesaid, it shall be the duty of the city marshal to slay any such dog so owned or possessed, wherever found, upon which the license fee is so refused to be paid. Sec. 7. Fierce, dangerous or mischievous dogs not to run at large — Penalty. Any owner or keeper of any fierce or danger¬ ous dog that worries, annoys, or damages stock or other property 32 REVISED ORDINANCES who shall knowingly permit the same to run at large shall be sub¬ ject to a penalty of not less than three (3) nor more than twenty (20) dollars for the first offense, and not less than five (5) nor more than twenty-five (25) dollars for the second or any subsequent of¬ fense, and upon the second conviction such dog shall be killed and removed from the city by or under the direction of the city marshal. Sec. 8. Bitch running at large during heat may be killed— Duty Of marshal—Penalty. Any bitch found running at large during the period of her heat may be killed by any person. And it shall be the duty of the city marshal to kill and remove from the city any such dogs, and the owner shall be subject to a penalty of not less than three (3) nor more than ten (10) dollars. Sec. 9. Danger from hydrophobia, notice — Penalty—Ex¬ ception. At any time when danger from hydrophobia may be deemed to exist in or near the city, the mayor of the city may by proclamation or by notice in a newspaper in the city, authorized to publish the ordinances thereof, or by printed hand bills, require all owners of dogs to confine or securely muzzle them for such time as may be designated in such notice or proclamation, or during such time as such danger may be deemed to exist. All dogs found run¬ ning at large during the time designated, unless muzzled as afore¬ said, shall be killed and removed from the city by or under the direction of the city marshal. And the owner or keeper of such dog or dogs shall be subject to a penalty of not less than three (3) nor more than ten (10) dollars. Provided, the provisions of this ordinance shall not apply to dogs of non-residents coming into the city with their owners, until after such owner or owners shall have been notified of such proclamation or notice. Passed the 5th day of April A. D. 1897 Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. OF THE CITY OF MT. PULASKI. 33 CHAPTER XI. DRUGGISTS Section 1. 9 4 4 4 4 4 4 4 4 3. 4. 5. 6. May sell intoxicating liquors. Restrictions placed on the right to sell. Not to include sale of beer, except, etc. Permit to be granted—Length of permit. Permit may be revoked. Penalty. Section l. May sell intoxicating liquors. Be it ordained by the city council of the city of Mt. Pulaski: That, subject to the regulations and restrictions hereinafter contained, persons engaged in the business of vending drugs, commonly called druggists, may sell intoxicating liquors in less quantity than one gallon, for medici¬ nal, mechanical or sacramental purposes only. Sec. 2. Restrictions placed on the right to sell. Such per¬ mission shall only extend to and authorize the sale of intoxicating liquors for the purposes aforesaid, when the same shall be sold upon the prescription of a practicing physician, or when the said liquor shall be a necessary ingredient in the preparation of a prescription prepared by said druggist. Provided, However, that said drug¬ gist so selling such intoxicating liquors for any of the aforesaid pur¬ poses, shall be held to exercise good faith, to ascertain and know that such liquors so sold for any such purpose was in good faith purchased for that purpose and no other. Sec. 3. Rot to include sale of beer, except, etc. Such per¬ mission shall not be held to include the sale of those malt or fer¬ mented liquors, commonly called beer and ale, whether sold by the bottle or otherwise, except such sale be made upon the written prescription of a practicing physician furnished said druggist at the time of said sale. 34 REVISED ORDINANCES Sec. 4. Permit to be granted—Length of permit. The per¬ mission to sell intoxicating liquors herein provided for shall be evidenced by a written or printed permit, signed by the mayor and attested by the city clerk under the corporate seal of the city. The granting of such permit shall be duly entered upon the records of the city kept by said clerk, and such record shall be a protection to such druggist in the sale of intoxicating liquors allowed by this or¬ dinance so long as such permit holds good and said druggist com¬ plies with the terms thereof. No permit shall be issued foralonger term than the municipal year in which the same shall be granted. Sec. 5. Permit may be revoked. The mayor shall have power, and it is hereby made his duty to revoke any permit granted by him, for any palpable violation of the provisions of this ordinance by any such druggist. Sec. 6. Penalty. Any druggist who shall violate any of the provisions of this ordinance shall be fined in any sum not less than twenty dollars nor more than one hundred dollars for each offense, and shall forfeit all rights he may have under and by virtue of such permit. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. OF THE CITY OF MT. PULASKI. 35 CHAPTER XII. ELECTIONS. Section 1. 4 4 9 Li , 4 4 3. ; 4 4. 4 4 5. 4 4 6. 4 4 7. 4 4 00 4 4 9. 4 4 10. 4 i 11. 4 4 12. 4 4 13. • 4 14. 4 4 15. 4 4 16. 4 4 17. 4 4 18. 4 4 19. 4 4 20. 4 4 21. 4 4 22. 4 4 23. 4 4 24. 4 4 25. 4 4 26. 4 4 27. 4 4 28. Time of general election. Clerk to give notice of election. Special elections. Appointment of judges and clerks. Compensation of judges and clerks. Vacancies—How filled. Oath—Vacancies. Ballot boxes, voting booths, etc. Ballots, poll books and blanks. Time of opening and closing polls, etc. Proclamation to be made before polls, etc. Ballot box to be opened and exhibited. General election law applicable. Canvassing votes and making returns. Disposition of ballots. Penalty for failure to make returns. Canvassing returns by council. Tie vote—Casting lots. Notice to person elected, etc. Failure to elect—New election. Order to be preserved at polls. Dramshops to be closed. Contesting election of aldermen. Statement of contestant—Copy to be served, etc. Taking testimony. Time for filing proof with clerk. Hearing contest by council—Decision. Opening and counting ballots. Section l. Time of general election. Be it ordained by the City council of the City Of Alt. Pulaski: That a general election for all municipal officers authorized by law or ordinance to be elect¬ ed shall be held in the city of Mt. Pulaski on the third Tuesday of 36 REVISED ORDINANCES April in each year, at such places in the several wards of said city as may be designated by the city council. Sec. 2. Clerk to give notice Of election. The city clerk shall give notice of such election by publishing an advertisement in some newspaper prioted and published in said city, for at least twenty days prior to such election, in which notice he shall state the time and place of holding such election, the officers to be elected, and the time of opening and closing the polls. Sec. 3. Special elections. Special elections may be ordered at any time, for any of the purposes provided by law, and notice there¬ of shall be given by the city clerk in the same manner and for the •same length of time, and they shall be conducted in the same man¬ ner as is required in the case of regular annual elections. Sec. 4. Appointment of judges and clerks. The city council shall, at least twenty days before any election shall be held, desig¬ nate the places of holding the same, and appoint three capable and discreet electors in each ward of the city to act as judges of election therein, and three electors in each ward, having similar qualifica¬ tions with the judges, to act as clerks of election. Immediately after the appointment of such judges and clerks, the city clerk shall make out and deliver to the city marshal notices thereof, under the the corporate seal, directed to each person so appointed, and said marshal within three days thereafter shall deliver such notices to the several judges and clerks so appointed. Sec. 5. Compensation of judges and clerks. The judges and clerks of election shall be allowed the sum of three dollars per day for their services in attending such election. Sec. 6. Vacancies—How filled. If any person so appointed a judge of election shall not be present at the time for opening the polls of any election, or, being present, shall refuse to act or take the oath to act in such capacity, the judges or judge present may appoint some other qualified elector of the ward to fill the vacancy. If there be no judge of election present at the time fixed for opening the polls, such of the electors of the ward as may then be present at the place of election may fill the place of such judge or judges by election from their number; and the judges so chosen shall have the same power and be subject to the same penalties as other judges of elections: Provided, That all the judges shall not, in any case, be OF TIIE CITY OF MT. PULASKI. 37 appointed or chosen from the same political party or organization. Sec. 7. Oatll — Vacancies. The judges of election shall appoint clerks, when necessary, to fill vacancies, and the judges and clerks shall severally take an oath or affirmation in the following form, to- wit: “I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of judge of election (or clerk, as the case may be) accord¬ ing to the best of my ability.” In case there shall be no judge or justice of the peace present at the opening of the election, it shall be lawful for the judges of elec¬ tion to administer the oith or affirmation to each other and to the clerks of election, and the person administering such oath or affirma¬ tion shall cause an entry thereof to be made and subscribed by him prefixed to each poll book. If any judge or clerk shall, after enter- ing upon his duties, by sickness or other disability become unable to act, another may be appointed in his place by the judges; and in such case the person substituted shall take and subscribe the oath hereinbefore prescribed, and the substitution of such person and the time of such substitution shall be noted on the poll books. Sec, 8. Ballot boxes, voting booths, etc. The city clerk shall provide, at the expense of the city, a sufficient number of ballot boxes and voting booths for the several voting precincts. There shall be an opening in the lid of each ballot box, not larger than is sufficient to admit a single closed ballot to be inserted therein at one time, through which each ballot voted shall be put into the box. The voting booths shall in all respects be constructed in conform¬ ity to and shall be supplied with all the necessary conveniences provided for in the statutes of the state of Illinois relating thereto. Sec. 9. Ballots, poll books and blanks. The city clerk shall also provide, at the expense of the city, all ballots to be used at any election, and all proper poll books, blanks and other necessary sta¬ tionery for each precinct in the city, and cause a suitable number thereof to be delivered to the judges of election at least two days before the day of such election. Said ballots, poll books and blanks shall be prepared by said clerk, printed and distributed in every re¬ spect in strict accord with the provisions of an Act of the General As¬ sembly of the state of Illinois, entitled “An Act to provide for the 38 REVISED ORDINANCES printing and distribution of ballots at public expense, and for the nomination of candidates for public offices, to regulate the manner of holding elections and to enforce the secrecy of the ballot.” (Approved June 22, 1891; in force July 1, 1891.) Sec. 10. Time of opening and closing polls. The polls shall be opened at the hour of seven o’clock in the morning and continued open until five o’clock in the afternoon of the same day, at which time they shall be closed; but if the judges shall not attend at the hour of seven o’clock in the morning, or if it shall be necessary for the electors present to appoint judges to conduct the election, the polls shall, in that case, be opened as soon after seven o’clock in the morning as may be. Sec. ll. Proclamation to be made before polls, etc. Upon opening the polls, one of the judges or clerks of election shall make proclamation of the same, and at least thirty minutes before the closing of the polls proclamation shall be made in like manner that the polls will be closed at five o’clock. Sec. 12. Ballot box to be opened and exhibited. Before any ballot shall be deposited in the ballot box, the ballot box shall be publicly opened and exhibited, and the judges and clerks shall see that no ballot is in such box, after which the box shall be locked and the key delivered to one of the judges, and shall not be again opened for any purpose until the polls are closed. Sec. 13. General election law applicable. The manner of conducting such election and the voting thereat, the keeping of the poll list and the canvassing of the votes by the judges thereof shall be the same, as nearly as may be, as in the case of the election of counfy officers under the general election laws of this state. Sec. 14. Canvassing votes and making returns. Immedi¬ ately upon closing the polls, the judges shall proceed to canvass the votes polled. They shall first count the whole number of the ballots in the box. If the ballots shall be found to exceed the number of names entered on each of the poll lists, the judges shall reject the ballots, if any be found, which have not the official endorsement thereon. If the number of ballots still exceeds the number of names entered on each of the poll lists, they shall be placed in the box, and the box closed and well shaken and again opened, and one of the judges shall publicly draw out as many ballots, unopened, as OF THE CITY OF MT. PULASKI. 39 shall be equal to such excess. The ballots which shall be so drawn out as excessive shall be separately marked as “excess ballots,” and inclosed in an envelope, securely sealed and marked “excess bal¬ lots,” and returned in the same manner as “defective” or “objected to” ballots are required to be returned. After the ballots and poll list have been found or made to agree, the board shall proceed to count the votes. Ballots not counted shall be marked “defective” on the back thereof, and badot to which objection has been made by either of the judges or challengers shall be marked “objected to” on the back thereof, and a memorandum signed by the judges, stating how it was counted, shall be written upon the back of each ballot so marked, and all ballots marked “defective” or “objected to” shall be inclosed in an envelope, securely sealed, and so marked and en¬ dorsed as to clearly disclose its contents, and shall be returned to the city clerk. When all the ballots shall have been canvassed, the clerk shall announce to the judges the total number of votes received by each candidate. Each judge of election in turn shall then pro¬ claim, in a loud voice, the total number of votes received by each of the persons voted for and the office for which he is designated, and the number of votes for and the number of votes against any propo¬ sition which shall have been submitted to a vote of the people. Im¬ mediately after making such proclamation, and before separating, the judges shall fold in two folds and string closely upon a single piece of flexible wire all ballots which have been counted by them, except ballots marked “objected to,” unite the ends of such wire in a firm knot, seal the knot in such manner that it cannot be untied without breaking the seal, inclose the ballots so strung in an envel¬ ope, with official wax-impression seals, to be provided by the judges, in such manner that it cannot be opened without breaking the seals, and one of the judges shall return said ballots, together with the package containing the ballots marked “defective” or “objected to,” in such sealed package or envelope, to the city clerk of the city of Mt. Pulaski within two days after such election. Said package shall be endorsed, “Election returns, - Ward.” Sec. 15. Disposition Of ballots. The city clerk shall safely and securely keep and preserve all ballots which shall be returned to him by the judges of election for the space of six months after the same have been returned to him. At the expiration of such six months, the city clerk shall destroy all such ballots by burning, 40 REVISED ORDINANCES without previously opening the packages or envelopes, in the pres¬ ence of the said clerk and two electors of approved integrity and good repute, and members, to be designated by the county judge of Logan county, respectively of the two leading political parties: Provided, That if any contest of the election of any officer voted for at such election shall be pending at the expiration of said time, the said ballots shall not be destroyed until such contest is finally determined. Sec. 16. Penalty for failing to make returns. If any judge of election chosen to deliver the returns and ballots to the city clerk shall not deliver the same safely, with the seal unbroken, within two days after the election, he shall be subjected to a fine of not less than fifty dollars, nor more than two hundred dollars. The city clerk shall be subject to a like penalty if he fails to deliver the same to the city council in the same condition. Sec. 17. Canvassing returns by council. When the election returns from ail the wards shall be filed with the city clerk he shall, without delay, notify the mayor, who shall immediately convene the council, and the council shall then proceed to open and canvass the returns from each ward, and when finished shall declare the result, and the clerk shall enter the same in full on the journals of pro¬ ceedings, naming every person voted for, the number of votes he received and for what office the persons elected. Sec. 18. Tie votes—Casting lots. The person having the highest number of votes for any office shall be declared elected; when two or more persons receive an equal number, and the highest number of votes for any office, the city council shall cause the city clerk to issue a notice to such persons of such tie vote, and require them to appear before the city council on a day and at a time named in the notice, within ten days from the day of election and deter¬ mine by lot in the presence of the city council, which of them is to be declared elected; and on the day and at the time appointed, the city council shall proceed to determine the same by lot in their presence, in the manner following: There shall be placed in a bal¬ lot box as many folded ballots as there are persons having an equal and the highest number of votes; on one of the ballots the name of the office for which the candidates were voted for shall be written, and the other ballots shall have some other words written upon them. The candidates shall each draw one ballot, and the candi- OF THE CITY OF MT. PULASKI. 41 date drawing the ballot on which the name of the office is written shall be declared elected; the mayor shall appoint one of the aider- men elected to draw for such candidate. Sec. 19. Notice to persons elected , etc. The city clerk shall, within five days after any person is declared elected to any office by the city council, notify him in writing of his election, naming the office for which he has been declared elected, and requesting him to qualify in ten days after such notice; and unless such person shall qualify in ten days after such notice, the office shall become vacant. Sec. 20. Failure to elect—New election. If at any election there is a failure to elect any officer required to be elected by or in pursuance of law, or if the person declared elected should fail to qualify, or should be ineligible to the office because of any legal dis¬ qualification, the city council may forthwith order and call a new election therefor. Sec. 21. Order to be preserved at polls. The city marshal and all other police officers shall attend at all elections for the pur¬ pose of maintaining order and keeping the peace. The judges shall maintain order at the polls, and may command any police officer in attendance to arrest any person who shall dis¬ turb the peace by riotous or disorderly conduct. Any person who at the polls shall break or disturb the peace, or conduct himself in a riotous or disorderly manner, shall oe subject to a penalty not ex¬ ceeding twenty-five dollars. Sec. 22. Dramshops to be closed. No spirituous, malt, vinous or intoxicating liquor shall be sold or given away at retail, nor shall any saloon or barroom or place where such liquor is sold or given away be open upon any general or special election day in said city. Whoever violates the provisions of this section shall be fined in a sum not less than twenty-five dollars, nor more than one hundred dollars. Sec. . 23. Contesting election of aldermen. The election of any aldermen may be contested by any elector of the city of Mt. Pulaski, and the proceedings shall be in the manner hereinafter provided, as nearly as may be. The city council shall be the tri¬ bunal before which such contest may be heard, and its decision thereon shall be final. Sec. 24. Statement of contest—Copy to be served , etc. 42 REVISED ORDINANCES When any person shall desire to contest the right of another to hold the office of alderman in said city, he shall, within thirty days after the person whose election is contested is declared elected, file with the city clerk a statement in writing, setting forth the points on which he will contest such election, which statement shall be veri¬ fied by affidavit. Upon filing such statement, such contestant shall also serve a copy thereof upon the person whose election he intends to contest, and in case such person is absent from the city, con¬ cealed, or cannot be found, then by leaving a copy of the statement at his usual place of residence. Sec. 25. Taking testimony. Whenever said statement shall have been filed, and a copy thereof served as aforesaid, it shall be the duty of the city council, upon the request of either party, to meet and fix the time and place for taking the depositions of wit¬ nesses, at which time the contestant shall begin the taking of his testimony, and continue the same from day to day thereafter until all his testimony shall have been taken. When the contestant shall have concluded the taking of his testimony, the contestee shall proceed to take his testimony in the same manner; and the contestant shall be allowed to rebut the testimony of the contestee. Such testimony shall be taken in the same manner as is provided by law for taking depositions to be used in cases in chancery. Sec. 26. Time for filing proof with clerk. In all cases of such contested elections, the proof shall be taken and filed with the clerk within sixty days from the taking of the same; but the city council may, upon sufficient cause shown, extend the time. No tes¬ timony shall be taken or be produced on the hearing of the contest before the city council, except upon the points set forth in the statement filed by the contestant and served upon the contestee. Sec. 27. Hearing contest by council—Decision. When all the evidence shall have been taken as aforesaid, the same shall be forthwith filed in the office of the city clerk, who shall lay the same before the city council, and the council shall, without delay, refer the same to some appropriate committee to examine and report thereon Upon such report being made, the city council shall hear the case, and may require all the testimony and proofs taken to be read in open council, and shall, by a majority vote, upon the call of the ‘‘yeas” and “nays,” declare as elected the person who shall ap¬ pear by the evidence to be legally entitled to the seat in the council OF THE CITY OF MT. PULASKI. 43 as such alderman; and the clerk shall enter such decision and dec¬ laration upon the journal of the city council. Sec. 28. Opening and counting ballots. In all cases of con¬ tested elections, the parties to such contest shall be entitled to have the package or packages of ballots which have been returned to the city clerk pursuant to law, opened in the presence of the com mittee of the city council, and in the presence of the city clerk, the custodian thereof, and to have said ballots inspected or counted; or the same may be brought into open council, and then and there in¬ spected or counted by the council or a committee appointed for that purpose. Passed the 5th day of April A. D. 1897 Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk 44 REVISED ORDINANCES CHAPTER XIII. FINES AND PENALTIES. Section 1. i ( 9 Li . i < 3 . i l 4 . ■l { 5 . < i 6. i 1 7 . i l .( 8. Q ( i D. 10 . ( i 11 . ( l 12 . l i 13 . l l 14 . Actions to be brought before police magistrate. Before suit brought attorney to file statement; form of. Number of charges not limited. Summons and warrant may issue when. Defendant not appearing, magistrate shall proceed to hear. When process necessary, statement to be filed in all cases. Officers and persons making arrests; witnesses; evi¬ dence, etc. City attorney when not to bring suit. Witnesses and jurors; fees, when, attendance, etc. Judgment given against party complaining. Offender committed until fine, etc., paid; labor on streets, etc. Non-payment of fine, constable takes charge. Refusing to work, etc. Housed and fed; balance of fine. Section l. Actions to be brought before police magistrate. Be it ordained by the city council of the city of Mt. Pulaski: That all suits or actions for the recovery of any fine, penalty or for¬ feiture, arising under the ordinances of the city when the amount in controversy does not exceed two hundred (200) dollars, shall be brought before the police magistrate of said city, or in case of his absence or inability to act, before the next nearest justice of the peace in Logan county. Sec. 2. Before suit brought attorney to file statement; form Of. Unless otherwise provided, before any suit shall be brought in the name of the corportion before the city magistrate or any jus- OF THE CITY OF MT. PULASKI. 45 tice of the peace for any fine, penalty or forfeiture, the city attorney or person prosecuting shall file a statement signed by him, which statement may be in substance as follows, to-wit: “A. B. TO THE CITY OF MT. PULASKI, DR. To.dollars for a violation of.section of.division of an ordinance.which was passed by the city council of the city of Mt Pulaski, on the.day of. ..A. D., 18.. before the commencement of this suit, and within the corporate limits of the city of Mt. Pulaski (here state the particular violation complained of, as near as may be in the language of the ordi¬ nance) against the peace and contrary to and in violation of the provisions of said or¬ dinance. Signed F. L. T.” Sec. 3. Number of Charges not limited. Any number of al¬ leged violations, charges or forfeitures, so that the amount stated in the aggregate does not exceed two hundred (200) dullars, may be embodied in the same statement, and the police magistrate or jus¬ tice of the peace may hear and determine the several counts so con¬ solidated, and render judgment for the amount or number of viola¬ tions, or forfeitures or violations for fines and penalties incurred, that may be proven at such hearing. Sec. 4. Summons and warrant may issue when. In all actions for the violation of any ordinance, the first process shall be summons, in the usual form of summonses in civil proceedings: Provided, However, that a warrant for the arrest of the offender may issue in the first instance, upon the affidavit of any person that any such ordinance has been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof, and any person arrested upon such warrant, shall without unnecessary delay, be taken before the proper officer to be tried for the alleged offense, and upon any person being arrested upon such warrant, the statement aforesaid may be filed at any time before the trial of said cause; which said warrant may be in sub¬ stance as follows: STATE OF ILLINOIS, 1 Logan County, >ss City of Mt. Pulaski. ) The people of the State of Illinois to any constable of said county, Greeting. Whereas, A. B. has this day made complaint in writing upon oath before the under¬ signed police magistrate or justice of the peace that the.section of chap¬ ter.of an ordinance of the city of Mt. Pulaski entitled, “An Ordinance in Revision and Consolidation of the Ordinances of the City of Mt. Pulaski,” has been violated and that the said A. B. has reasonable grounds to believe that C. D. is guilty of the violation thereof, you are, therefore, hereby commanded to take the body of the said C. D. and bring him forthwith before me to my office in the city of Mt. Pulaski, on the.day of.A. D.at.o’clock.m., to answer to the complaint of the city of Mt. Pulaski in an action of debt for such vio¬ lation or violations of said ordinance or ordinances and to be further dealt with ac- 46 REVISED ORDINANCES cording to law, demand not exceedingutwo hundred dollars, and hereof make due re¬ turn as the law directs. Given under my hand and seal at Mt. Pulaski this.day of.A. D. 18... Signed W. A. S., P. M. And in all such cases the defendant shall have a right to release his or her body from arrest under such process by giving special bail to the officer executing the same, which shall be endorsed upon the back of the warrant in the following form as nearly as may be, towit: I, (4. F. do hereby acknowledge myself special bail for the within C. D. Witness my hand this.day of.A. D. Which endorsement shall be signed by one or more securities to be approved by the officer taking the same and shall have the force and effect of a recognizance of bail, the conditions of which are that the defendant, if judgment shall be given against him or her, shall pay the same with costs, or surrender his or her body in execution, and in default of such payment or surrender, the goods and chat¬ tels of the bail shall be liable for the payment of the judgment and costs: Provided, That if the body of the defendant shall be ren¬ dered in execution by himself or his bail within thirty (30) days after the issuing of such execution or if a sufficiency of the defend¬ ant’s property shall be found to satisfy the judgment and costs, the bail shall be exonerated; but if neither the body of the defendant shall be rendered nor a sufficiency of his or her property can be found within the time aforesaid to pay the judgment and costs, then the justice shall issue an execution against the bail who shall be dealt with in the same manner as if he were defendant. Sec. 5. Defendant not appearing magistrate shall proceed to hear. If the defendant shall not appear at the hour of trial, after giving bail as aforesaid, and no sufficient reason be assigned to the magistrate why he or she does not appear, the magistrate shall proceed to hear and determine the case in the absence of the defendant, but shall not give judgment in favor of the plaintiff un¬ less said plaintiff shall fully prove the violation or violations com¬ plained of in the same measures as if the defendant had been pres¬ ent and denied the same. Sec. 6. When process necessary , statement to be filed in all cases. No process shall be necessary where the person is le¬ gally arrested without warrant and brought before the court; but OF THE CITY OF MT. PULASKI. 47 in all cases the statement required by the second section of this or¬ dinance, shall be made out. signed and filed as herein prescribed. Sec. 7. Officers and persons making arrests, witnesses, evidence, etc. All officers or other persons making arrest shall serve as a witness before the police magistrate or justice’s court and shall procure all necessary evidence in their power, and furnish a list of all the witnesses to the court or city attorney in due sea¬ son. Sec. 8. City attorney when not to bring suit. The city at¬ torney shall not be compelled to bring or prosecute any suit in any case where he may be satisfied that the said cause is instituted ma¬ liciously, vexatiously and without any, probable cause, and that the best interests of the public or of the city will not be subserved thereby. Sec. 9. Witnesses' and jurors' fees, when attendance of, etc. Witnesses and jurors attending before the justice’s court on any suit or action for any fine or penalty arising under the ordi¬ nances of the city of Mt. Pulaski, shall, in case judgment is obtain¬ ed against the offender and collected from him or her, be entitled to the same fees as in like cases under the laws of this state; but no cases shall be taxed up or allowed against the city of Mt. Pulaski, except upon the approval thereof by the city council. The justice of the peace before whom any such suit shall be pending, shall have and he is hereby empowered to compel the attendance of persons and witnesses by subpoena or attachment, and to fine and commit to the city or county jail for contempt of court, as is provided for by the laws of this state. Sec. 10. Judgment given against party complaining. If any person charged with any offense shall upon his trial therefor be acquitted and it shall satisfactorily appear to the court that the complaint or prosecution was instituted maliciously or vexatiously or without any probable cause, judgment may be rendered against the party complaining or prosecuting the same, for the costs arising in the case and execution may issue therefor. Sec. ll. Offender committed until fine, etc. paid—Labor on Street, etc. The police magistrate, or any other justice of the peace, or any court before whom any person shall be convicted or adjudged guilty of any violation of the provisions of the ordinance of the said city, whereby a forfeiture or penalty has accrued to said 48 REVISED ORDINANCES city, or fine recovered for the violation of any pro¬ vision of the ordinances of said city, shall in all cases, as well as for contempt of court, as a part of the judgment of the court, order that the offender stand committed until the fine and costs are fully paid, or otherwise legally discharged, and execution may issue im¬ mediately upon such judgment for fines, penalties, forfeitures and costs; and if the defendent shall not at once turn out goods or chat¬ tels in Logan county sufficient to satisfy said execution, the execu¬ tion shall require the defendent to be compelled to labor upon the streets or alleys, or any of the public works of the city, diligently ten hours in each day, at the rate of fifty (50) cents per day, inclu¬ sive of his board, until the fine and costs so found against him shall have been fully paid. The execution in such case may be in sub¬ stance as follows, to-wit. STATE OF ILLINOIS, i Logan County. >ss City of Mt. Pulaski. | The people of the state of Illinois to any constable of said county. Greeting: Whereas, In a certain suit lately before me, the undersigned, a Justice of the Peace (or Police Magistrate) in and for said city, county and state, depending, wherein the city of Mt. Pulaski was plaintiff and. was defendant, and wherein the amount claimed and in controversy did not exceed two hundred (200) dollars, judgment was rendered by me in said suit, in a plea of debt in favor of said plaintiff, and against said defendent, for the sum of.dollars; besides costs of suit, which are herein assessed and taxed at.dollars. And Whereas, Also the said plaintiff has caused execution to be issued on said judgment' for the collection thereof, and demand having been made of said defendant that he turn out property sufficient to satisfy said execution and he having refused and neglected to turn out such property and the said execution being returned “no property found.” You are therefore, hereby commanded that you take the body of the said defendant and him safely keep so that you have him to satisfy unto the said plaintiff the judg¬ ment aforesaid, as provided by the ordinances of said city. Given under my hand and seal, this — day of.A. D., 18... W. A. S., P. M. Sec. 12. Non-payment of fine—Constable take charge. When any person shall be committed by the police magistrate or any other justice or court, for the non-payment of any penalty, for¬ feiture or fine, the city marshal shall take charge of such person and cause him to work upon the street or any public work, under the order of the street commissioner, and shall compel such person to labor or work out the amount of fine and costs so assessed against him, allowing him fifty (50) cents, inclusive of his board, for each day so worked; and the city marshal shall make a monthly statement or report to the city council at their regular monthly meeting, of all persons who have been put in his custody to work or labor, the OF THE CITY OF MT. PULASKI. 49 amount of fine and costs assessed against each one, and the number of days each one has worked. Sec. 13. Refusing to work , etc. Any person put in the cus¬ tody of the city marshal for that purpose who shall refuse to work or labor or who shall conduct himself in a riotous or disorderly man¬ ner, or who shall refuse to obey the orders of the city marshal or shall attempt to escape, shall not be entitled to any credit on his fine for such time as he may refuse to labor, or for the time he may have labored before attempting to escape and shall be recommitted to jail or other safe place of confinement until he shall have con¬ sented to labor. Sec. 14. Housed and fed—Balance of fine. The city mar¬ shal having any person so committed to his custody, for the pur¬ pose of working out such fine and costs, shall furnish him com¬ fortable lodgings in the city calaboose or other safe place of con¬ finement, and shall furnish him good, wholesome food, for which he shall be allowed twenty-five (25) cents per meal to be paid by the city. If at any time the person in custody should want to pay off balance of fine and costs assessed against him, it shall be the duty of the city marshal to accept the same and release such person from labor or confinement. Passed the 5th day of April A. D. 1897 Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk 50 REVISED ORDINANCES CHAPTER XIV. FIRE DEPARTMENT. Section 1. “ 2 . “ 3. “ 4. “ 5 “ 6 . “ 7. “ 8 . Confirmation of chief of volunteer firemen. Duties of chief of fire department. By-standers subject to the order of the chief. Breaking apparatus. Driving vehicle over hose. Throwing water on persons, etc., unnecessarily. Vehicles obstructing street at fire. Appropriation for volunteer fire company. Section 1 . Confirmation of chief of volunteer firemen. Be it ordained by the city council of the city of Mt. Pulaski. That any volunteer fire company or association organized or to be organized within said city for the purpose of protecting the proper¬ ty thereof from loss by fire, and whose regularly elected chief or captain has been confirmed by the city council, shall become the chief of the fire department of said city. Said confirmation of chief or captain of volunteer fireman shall entitle such chief or captain to such authority in case of fire as may be necessary for the efficient action cf said company; to the end that said company may not be hindered in the performance of their duties by outsiders, the chief may appoint such of his subordinates to act as officers, during such times as the company may be at work, who shall assist in preserv¬ ing order and protecting the property of the company as well as the property threatened by fire. Sec. 2. Duties of chief of fire department. The chief of the fire department shall be the commanding officer of the department, subject to the orders of the mayor and also the city council when in session. He shall have the charge of the fire hydrants of the city, and the general care and custody of the engines, hose carts, trucks, hooks and ladders, and all other property and equipments belong- OF THE CITY OF MT. PULASKI. 51 ing to the fire department. He shall attend all fires occurring within the city and take command of the organization and shall see that the several members of the fire department faithfully perform their respective duties. With the concurrence of the mayor, he may order the tearing down and removal of any building, or may direct the blowing up of any building, when in either case, it shall be deemed absolutely necessary to check the progress of any fire. At the close of each fiscal yea** he shall make a written report to the city council showing the condition of the department under his charge and a complete statement of all its transactions during the current year. Sec. 3. Bystanders subject to the order of the chief. Every person above the age of eighteen years present at any fire in the city, shall be subject to the orders of the chief of the fire depart¬ ment in extinguishing the fire and in removing and protecting property, and in case any person shall neglect or refuse to obey such orders, he shall be liable to a fine of not more than twenty dol¬ lars for each offense: Provided, That no person not a member of the fire department shall be bound to obey the orders of the chief of the fire department, unless such chief shall wear his badge of office or his official character shall otherwise be known or made known to such person. Sec. 4. Breaking apparatus. Whoever shall wilfully break, deface or destroy or otherwise injure any fire apparatus belonging to the city, shall be subject to a penalty of not less than twenty- five dollars and not exceeding one hundred dollars, and in addition thereto, the expenses that may be incurred in repairing the injuries committed, shall be added to the penalty and form a part thereof. Sec. 5. Driving vehicle over hose. Whoever shall drive any vehicle over any hose of the fire department laid for use upon any street, alley or public ground, except at a point where such hose is protected by wooden railings laid along side thereof, or otherwise, shall be fined not less than three dollars nor more than fifty dollars. Sec. 6. Throwing water on persons, etc., unnecessarily. Whoever shall wilfully or unnecessarily throw any stream of water from any fire hose upon any person or property whether at a fire or drill of the department, or in the test of any portion of the water works of the city, shall be fined not less than three dollars nor more than fifty dollars. 52 REVISED ORDINANCES Sec. 7. Vehicles obstructing street at fire. Whoever shall stop with any wagon, carriage or other vehicle in the street at any point in the vicinity of a fire so as to obstruct or blockade any street or alley, shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than three dollars nor more than fifty dollars. Sec. 8. Appropriation for volunteer company. The city council shall annually make such appropriation for the volunteer fire company, whose report has been made as provided in the second section of this chapter, or upon demand by resolution of city coun¬ cil, as the necessities of such company may require and the condi¬ tion of the city treasury will permit. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. .Attest: H. B. Capps, City Clerk. OF THE CITY OF JIT. PULASKI. 53 CHAPTER XV. Section 1. £ £ 2. £ £ 3. £ £ ‘ 4. £ £ 5. £ £ 6. £ £ 7. £ £ 8. £ £ 9. £ £ 10. £ £ 11. £ £ 12 £ £ 13. £ £ 14. 1 £ 15. £ £ 16. £ £ 17. £ £ 18. £ £ 19. £ £ 20. £ £ 21. £ £ 22. £ £ 23. £ £ 24. £ £ 25. £ £ 26. £ £ 27. FIRE LIMITS. Boundary of fire limits. Character of buildings in fire limits. No wooden buildings allowed in fire limits. Construction of outside walls. Roofs, gutters,- etc. Wooden buildings declared a nuisance—Abatement. Damaged buildings to be removed. Procedure for condemnation of building. Removal of damaged buildings—Penalty. No lumber yards in fire limits. Keeping lumber in fire limits. Stacking of lumber, etc. Depositing ashes, garbage, etc. City marshal to inspect. Building permits. Plans and specifications. Bond to be given. Penalties. Chimneys. Stoves, stove-pipes, etc. Stoves in shops. City marshal to inspect buildings. Penalty for violating ordinances. Combustible roof. Wooden buildings defined. Stacking of hay, etc. in fire limits prohibited. Use of candles and lamps. Section 1. Boundary of fire limits. Be it ordained by the city council of the city of Alt. Pulaski: That all that portion of the city of Mt. Pulaski; embraced within the following limits, shall be known as the “Fire Limits,” towit: Lot one, in block thirty- one,. lots one, two, three, four, five, six and seven, and twenty feet 54 REVISED ORDINANCES off of the south side of lots eight and thirteen, all in block twenty- four. Lot ten in block thirteen. Lots six. seven, eight, nine, ten, eleven and twelve, and forty feet off of the east end of lots one, two, three, four and five, all in block fourteen. Lots six, seven, eight and nine and forty feet off of the east end of lots two, three, four and five all in block fifteen. Lots two, three, four, five, six, seven, eight, nine, ten and eleven and forty feet off of the west end of lots twelve and thirteen all in block twenty-two. Lot five in block thirty-three. And lots one, two, three, four, five, six and seven and forty feet off of the west end of lots eight, nine, ten, eleven and twelve all in block thirty-two. Sec. 2. Character of buildings in fire limits. No building or part of any building shall hereafter be erected in the aforesaid lim¬ its except as hereinafter provided, unless all the outside walls and party walls thereof shall be built of brick, stone or fire-proof mate¬ rial, under a penalty to the owner or builder of such building of not less than twenty-five dollars, nor more than two hundred dollars, for each offense, and the further penalty of twenty-five dollars, for each day after the first conviction that such offense may be con¬ tinued. Provided, That nothing herein shall authorize the use of iron or steel whether corrugated or in sheet form in the construc¬ tion of such walls. Sec. 3. No wooden buildings allowed in fire limits. No wooden building or part of building within the fire limits prescribed in section one of this ordinance, shall be raised, enlarged or repair¬ ed or moved from one place to another within the fire limits, nor shall any wooden building be removed from without the fire limits into said fire limits, except as herein specified: Provided, That the owners or occupants of buildings within the fire limits, shall have the right to raise wooden buildings to the established grade, also to build basements or cellars of brick or stone under the build¬ ing; so raised to grade; also to raise a cottage or dwelling which does not exceed one story in height, sufficiently high to place thereun¬ der a brick or stone wall basement not exceeding twelve (12) feet in height above the established grade; and also to raise any two story building not exceeding three feet in height above the established grade; Provided, That no wooden building that may hereafter be damaged to the extent of fifty per cent of the value thereof, shall be repaired or rebuilt within the said fire limits; nor shall any such OF THE CITY OF MT. PULASKI. 55 building when the damage is less than fifty per cent of its value be so repaired as to be raised higher than the highest point left standing- after such damage shall have occurred, or so as to occupy a greater space than before the injury thereto. Sec. 4. Construction of outside walls. All outside, end and party walls of any brick, stone or fire-proof building hereafter erected within said fire limits, shall extend above the roof of such building, at least ten inches; and the sheeting of the roof shall not extend across the fire wall of any such building. All wooden joists or timbers placed in the outside or party walls of any such build¬ ing, shall be separated from each other at least four inches by brick or stone well laid in mortar. All wooden lintels, door or window frames, placed in the front, rear or side walls thereof, shall recede from the outside of the wall at least four inches; or when they do not so recede, shall be covered with fire proof material. Sec. 5. Roofs, gutters , etc. All roofs and gutters hereafter placed upon any brick, stone or other fire proof building erected, or which may hereafter be erected within the fire limits, shall be cov¬ ered on the outside surface, with tin, zinc, iron, slate or other fire proof material, and all cornices attached to any such building shall be of zinc or galvanized iron; or if of wmod shall be covered with fire proof material, and shall be separated from the wooden cornices, or other wooden part or adjoining building by a brick or stone parti¬ tion at least four inches thick. And none of the outer timbers or wood work of any such building shall be connected with any of the interior timbers or wood work thereof. Whoever violates or fails to comply with any of the above provis¬ ions of this section, or the next preceding section of this chapter, shall forfeit and pay a fine of not less than twenty dollars, nor more than one hundred dollars for each offense. Sec. 6. Wooden buildings declared a nuisance—Abatement. Any wooden building which may be erected, placed or repaired within said fire limits contrary to the provisions of this ordinance is hereby declared to be a nuisance, and it is hereby made the duty of the mayor to notify in writing the owner, occupant or builder of any wooden building erected, placed or repaired within said fire limits contrary to the provisions of this chapter, to abate such nuisance within forty-eight hours from the service of such notice. 56 REVISED ORDINANCES and in case such owner, occupant or builder shall fail to abate such nuisance within the time specified in such notice, it is hereby made the further duty of said mayor to cause such nuisance to be abated by razing such wooden building to the ground. Sec. 7. Damaged buildings to be removed. When any wood¬ en building within said fire limits shall have been damaged by fire, decay or otherwise, to the extent of fifty per cent of the orignal value of the same, such building shall be torn down or removed be¬ yond said fire limits, after the extent of the damages thereto caused as aforesaid has been ascertained in the manner hereinafter pro¬ vided. Sec. 8. Procedure for condemnation of building. Whenever any member of the city council, policeman, member of the fire de¬ partment or citizen shall make complaint in writing to the police magistrate that any wooden building within such fire limits has been damaged by fire, decay or otherwise to the extent of fifty per cent of its original value, describing the property and giving the owner’s name, such magistrate shall issue a notice to such owner, embodying the substance of such complaint, commanding such own¬ er to appear before such magistrate at a time therein specified not less than five nor more than ten days from the date of such notice and at the time and place fixed in such notice: Provided, That the return of such notice shall show that such owner had been served with said notice by reading or by leaving a copy at the resi¬ dence of such owner three days before the time fixed for the hear¬ ing; such police magistrate shall impanel a jury or twelve disinter¬ ested free holders of the city, who after being duly sworn, fairly and impartially to ascertain if the building in issue shall have been damaged by fire, decay or otherwise, to the extent of fifty per cent of its original value, hear the evidence and view the building at issue, and hearing the argument of counsel, and bring in a verdict according to the facts and evidence; and in case the jury find a verdict that such building has been damaged by fire, decay or otherwise, to the extent of fifty per cent of its original value, the police magistrate shall record a judgment and direct such owner to remove from the fire limits aforesaid, or tear down, such building within thirty days from the entry of such order; and in case of the default of such owner in removing or tearing down .such building within the said thirty days, that the city marshal of OF THE CITY OF MT. PULASKI. 57 the city shall remove or tear down such building; the cost or ex¬ pense of which removal or tearing down shall be charged to such owner, and if not paid by such owner, the same shall be collected by suit in the name of said city against such owner. At the im¬ paneling of such jury the said owner and the prosecutor shall have a right to three peremptory challenges each, and to challenge any juror for prejudice, interest or any other just cause. In case the owner of any such building shall be a non-resident of this county, it shall be sufficient to serve the notice, hereinbefore provided for*, upon the tenant, or the person in possession of said building, by delivering a true copy of such notice to him not less than seven days before the day set for such hearing. Sec. 9. Removal of damaged buildings—Penalty. When¬ ever any building lias been ordered to be torn down or removed in accordance with the provisions of sections seven and eight of this chapter, and the owner thereof refuses, neglects or fails to tear down or remove the same within thirty days from the date of the entry of such order upon the docket of the magistrate, then such person shall be fined not less than twenty dollars for each and every day or part of a day that such owner may permit or suffer such building to remain after the expiration of the time within which such building was ordered and adjudged to be torn down or re¬ moved. Sec. 10 . No lumber yards in fire limits. No lumber yard shall hereafter be opened or established within the fire limits of said city, under a penally to the person or persons offending of not less than one hundred dollars, or more than two hundred dollars, and a further penalty of twenty-five dollars for every day after the first conviction that the same may be continued. Sec. 11. Keeping lumber ill fire limits. No carpenter, build¬ er or other person shall keep on hand within the fire limits, for manufacturing or building purposes, more than four thousand (4000) feet of lumber at one time, under a penalty of not less than ten (10) dollars, nor more than one hundred (100) dollars, for each and every offense. Sec. 12. Stacking Of lumber , etc. All persons having or keeping lumber on hand, within the fire limits in said city, shall keep the same stacked or piled up in compact piles, not to exceed twelve feet in-height; and shall not permit shavings, straw or other 58 REVISED ORDINANCES light combustible materials to be deposited or scattered around or near the same, under a penalty in each case, of not less than five dollars, nor more than fifty (50) dollars. Sec. 13 Depositing ashes, garbage, etc. Every owner or occu¬ pant of any building or premises within the fire limits, shall provide and keep at the rear of such building or premises, a suitable sheet- iron box, or other metallic vessel, in which to deposit all ashes, and also one or more boxes or barrels for the reception of offal, garbage and rubbage that may be accumulated about such premises, so that the same shall not be thrown or deposited in or upon any improved street or alley adjacent thereto, under a penalty of one (1) dollar for every day that such owner or occupant shall fail to comply with the requirements ot‘ this section, after notice to do so by the street commissioner or any police officer of said city. Sec. 14. City marshal to inspect. It is hereby made the duty of the city marshal to inspect and examine, from time to time all buildings or enclosures in process of erection, construction, altera¬ tion, repair or removal within the fire limits of aforesaid city, and to enforce or cause to be enforced the provisions of this ordinance in relation thereto. Sec. 15. Building permits. No person shall hereafter erect any new building, nor add to nor alter any building already erected within the fire limits of said city, without first obtaining a permit therefor in the manner hereinafter prescribed: Provided, that no permit shall be required for making ordinary repairs either internal or external, which do not increase the size of such building or alter its condition as a fire risk. Sec. 16. Plans and specifications. Any person desiring to erect any new building or addition, or to alter or change any such existing building, shall file with the city clerk, an application in writing, addressed to the mayor stating the dimensions of such proposed building or addition; or if alteration, the nature and ex¬ tent thereof, the lot, block and locality of where such building is, or is to be located, the general plan of construction, the materials to be used therein, and the purpose for which such building is to be used. If the mayor shall find upon examination that the proposed build¬ ing, addition or alteration conforms to the ordinances in force at the time, he shall indorse his approval upon such application and OF THE CITY OF MT. PULASKI. 59 the clerk shall thereupon issue a permit to said applicant, under the corporate seal, upon his giving bond as hereinafter provided. Sec. 17. Bond to be given. Before any permit shall be issued as aforesaid, the applicant therefor shall execute and file with the city clerk a bond to the city of Mt. Pulaski, in such reasonable sum as m iy be fixed by the mayor, with at least two good sureties to be approved by him, conditioned that said applicant shall pay any and all damages that may be recovered against the city by any person or persons on account of any injuries to person or property occas¬ ioned by or in any manner resulting from the obstructing occupan¬ cy, or disturbance of any street, alley or sidewalk in said city, for the purpose of, or in connection with the erection of such building, addition or alteration by the person engaged therein, or by any person or persons in his employ, and also to save and keep the said city free from all such damages and cost as may be incurred in de¬ fending* ag*ainst such claims. Sec. 18. Penalties. Any proprietor, contractor or any person who shall own, build or aid in the erection of any building, or part of a building, or in the alteration of any building within said fire limits, without having procured a permit therefor, and given bond, as provided in the foregoing sections of this chapter, shall, upon conviction, be fined not less than ten (10) dollars, nor more than one hundred (100) dollars, for each offense, and be subject to a fur¬ ther fine of ten (10) dollars for every day he or they shall fail to comply with the requirements of this chapter, or shall continue in violation thereof. Sec. 19. Chimneys. All chimneys or flues in or about any building or manufactory within the said fire limits shall be built up from the ground and smoothly plastered on the inside thereof with good mortar or cement, and shall be so constructed as to settle with the rest of the building, and not liable to crack or separate with the settling thereof. The holes for the insertion of stove-pipes shall be made with an iron, stone or earthenware thimble or casing inserted in the chimneys or flue; and when the chimney or flue shall be used, the holes unless also in use, shall be securely stopped with a tin, zinc or iron stopper, having a flange of at least one inch on the out¬ side of the flue. Whoever shall erect or build any chimney or flue contrary to any requirements of this section, shall, on conviction, be fined not less 60 REVISED ORDINANCES i than (5) dollars, nor more than twenty-five (25) dollars, for each of¬ fense, and be subject to a further fine of two (2) dollars for every day thereafter that he shall fail or refuse to comply with the re¬ quirements thereof. Sec. 20. Stoves, Stove-pipes, etc. All stove-pipes used in any building in said city shall be put up securely, and shall lead to and be closely fitted in a brick or stone chimney or flue. If any stove¬ pipe shall lead to a wall it shall be separated at least three inches from any wood or combustible material, by a double circle of tin, zinc or sheet-iron, connected with light metal with holes through the connecting metal between the pipe and wood, or shall otherwise be suitably protected from damage by fire. All stoves set up and used without secure aprons, or hearths, shall be placed upon a platform of brick, zinc or other incombustible material, extending out from the stove far enough to prevent the fire from falling upon the floor, and if set within twelve inches of the wood work of any wall, the wall shall be protected by a tin, zinc, or other incumbustible covering. Any person who shall put up or use any stove or stove pipe contrary to the provisions of this section shall be subject to a penalty of not less than three (3) dollars or more than ten (10) dollars for each offense, and to a further pen¬ alty of one dollar for every day after the first conviction, that he shall fail to comply with the requirments hereof. Sec. 21. Stoves ill shops. All mechanics, carpenters or other persons using or occupying shops within the city where shavings or other light combustible materials are made or accumulated, shall clear out and remove such combustible materials from their shops or buildings and the premises adjacent thereto, as often as may be necessary to prevent the dangerous accumulation thereof. The stove used in any such shop or building shall be set in a box or frame extending at least six inches above the floor and at least ten i inches out and around the stove and filled or lined with fire proof material. The pipe of such stove shall be carefully put up in the manner hereinbefore described; and all lighted candles or lamps used in any such shops or buildings shall be set in suitable stands and kept at a secure distance from any combustible materials. Whoever shall fail to comply with or shall violate any provision of this section, shall for each offense be subject to a penalty of not OF THE CITY OF MT. PULASKI. 61 less than three (3) dollars, nor more than twenty-five (25) dollars. Sec. 22. City marshal to inspect buildings. The city mar¬ shal is hereby authorized and required, from time to time to enter and inspect all buildings within the fire limits of said city, and ex¬ amine whether they are in safe condition; and whenever requested by the owner or occupant of any building or premises, he shall carefully inspect the same, or any contiguous building or inclosure, and shall notify or require the owner or occupant thereof to cause any chimney, flue, furnace, stove, stovepipe, ash-house or any place where fire may be kept or used which may be deemed unsafe or dangerous in causing or promoting fires, to be without delay re¬ moved, abated or put in a safe condition, and upon the neglect or re¬ fusal of such owner, agent or occupant to comply with such notice, he shall be subject to a penalty of not less than three (3) dollars, nor more than fifty (50) dollars, and each day of such neglect or re¬ fusal shall constitute a separate offense. And said city marshal shall without delay, cause such building or premises to be put in safe condition; and the necessary cost or expense thereof shall be collected from such owner, agent or occupant liable therefor, and recovered by suit in the name of the corporation before any court having jurisdiction. Sec. 23. Penalty for violating ordinances. Any owner, builder or other person who shall own, build or aid in the erection of any building or part of a building within said limits, contrary to, or in any other manner than authorized by the provisions of this ordinance, or shall remove or assist to remove any wooden building within said limits, from one place to another therein, or who shall remove or assist in removing any such building from without said limits into the same, or repair or assist to repair any damaged building contrary in either case to any provisions of this chapter, shall be subject to a fine of not less than twenty-five (25) dollars, and not exceeding two hundred (200) dollars, in the discretion of the court, for the first offense, and a like fine for every forty-eight hours such person shall fail to comply with the provisions of this or¬ dinance, or continue in the violation thereof. Sec. 24. Combustible roof. No building which shall hereafter be erected in the fire limits, as in section 1 described, shall be cov¬ ered with shingle, wooden or other combustible roof. Seo. 25. Wooden buildings defined. The term “wooden build- 62 REVISED ORDINANCES ing, ” used in this chapter of this ordinance, shall be understood to embrace and mean all buildings, tenements, houses, outhouses, stables, sheds and structures of every description, the outer walls of which are in whole or in part constructed or built of wood, wheth¬ er the roof of the same shall rest upon the walls thereof, or upon wooden, iron, brick or stone upright posts or pillars, and that all sheds or other constructures, the roofs of which shall be supported directly or indirectly by wooden posts or other fixtures, with roofs made in whole or in part of wood, be the same inclosed or not, are hereby declared to be in the meaning of the term “wooden build¬ ings” as used in this chapter of this ordinance. Provided, That privies, coal houses and cob houses designed and used exclusively as such, do not come within the provisions of this ordinance. sec. 26. Stacking of hay, etc., in the fire limits prohibited. It shall not be lawful for any person to stack any hay or other com¬ bustible materials on any lot or part of a lot within the fire limits as designated in section one of this chapter. Sec. 27. Use of candles and lamps. No lighted lamp or can¬ dle shall be used in any stable, barn or other place or building where hay, straw or other combustible material may be kept, unless the same shall be well secured in a lantern. Any person violating any of the provisions of sections 24, 26 and 27 of this chapter, shall forfeit and pay the sum of not less than three (3) dollars nor more than one hundred (100) dollars for each offense. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. OF THE CITY OF MT. PULASKI. (5 * > ♦ > CHAPTER XVI. HEALTH DEPARTMENT. Section 1. 4 c 9 •J . 4 ; 3. 4 : 4. 4 4 5. 4 4 6. 4 4 7. 4 % 8. 4 4 9. 4 4 10. 4 4 11. 4 4 12. 4 4 13. 4 4 14. 4 4 15. 4 4 16. 4 4 17. Board of health. Appointment of commissioners—Oath. President and clerk. Meeting of board. General duties. Orders of the board certified and executed. Orders—Penalty for violating. Hospital nurses. Order vaccination—Penalty. Removal and care of persons with contagious diseases. Report of physicians. Small-pox and other notices. Spreading of small-pox and other infectious diseases. Changing wearing apparel. Bringing person or clothing infected into the city— Penalty. Removal of infected clothing from city. Payment of expenses. Section 1. Board of health. Be it ordained by the city council Of the city Of Mt. Pulaski: That there is hereby estab¬ lished a department of the municipal government of the city of Mt. Pulaski, which shall be known as the “Health Department,” and shall embrace the mayor, city clerk and three commissioners. Sec. 2. Appointment of commissioners—Oath. It shall be the duty of the mayor to appoint, by and with the advice and con¬ sent of the city council, at the first regular meeting of the city council in May, 1897, and annually thereafter, three suitable and competent persons, who, together with the mayor and city clerk, shall constitute and be known as the board of health of said city, 64 REVISED ORDINANCES and shall hold their respective positions for the term of one year, and until their successors shall be appointed and qualified. The persons so appointed shall, before entering upon their official duties, take the oath prescribed by the law for city officers. Sec. 3. President and clerk. The mayor shall be president of the board of health, and, in case of his temporary absence or inabil¬ ity to serve, the board may choose one of their number to preside at any meeting thereof. The city clerk shall be clerk of said board, and shall keep minutes of their proceedings in a suitable book to be provided by the city for that purpose. Sec. 4. Meeting Of hoard. The board of health shall meet and organize as soon after their appointment and qualification as prac¬ ticable, and shall meet from time to time upon call of the mayor or any two members of the board. The city marshal shall, when re¬ quested, give notice of the meetings of the board to each member thereof. A majority of the board shall constitute a quorum for the transaction of business; they may make and determine the rules of their own proceedings, and such other rules and regulations as may be necessary for the execution of their powers and duties. Sec. 5. General duties. Said board shall exercise a general supervision over the public health of the city, and shall make dili¬ gent examinations into all matters affecting the same. They shall cause all nuisances to be abated or removed which they may deem prejudicial or obnoxious to the public health or comfort, and may make such sanitary regulations as they may think necessary or ex¬ pedient to prevent the introduction or spreading of any contagious, malignant, infectious or pestilential disease. Sec. 6. Orders of the board certified and executed. The or¬ ders of the board of health shall be duly certified by the city clerk, and the mayor shall cause the same to be executed by the city mar¬ shal or other duly appointed officer or person. Sec. 7. Orders—Penalty for violating. All orders and regu¬ lations of the board of health shall be obeyed by all persons in the city; said board may order the abatement of any nuisance, existing contrary to any city ordinance, which may be prejudicial to the public health. Whoever shall neglect or refuse to obey any order of said board as herein required, shall, for every such offense, be OF TIIE CITY OF MT. PULASKI. 65 subject to a penalty of not less than five dollars, nor more than one hundred dollars. Sec. 8. Hospital nurses. The board of health may, when the sanitary condition or preservation of the public health of the city shall render it necessary, establish such temporary hospitals, and provide such necessaries therefor, as the public exigency may require; and said board shall be authorized to employ such nurses and assistants for such hospital or hospitals as may be deemed necessary, and shall see that all persons, so employed by them, faithfully perform their several duties. Sec. 9. Order vaccination — Penalty. The board of health may take such measures as they may from time to time deem neces¬ sary to prevent the spread of small pox, by issuing an order re¬ quiring all persons in the city, or any part thereof, to be vaccinated within such time as they shall prescribe; and all persons refusing or neglecting to obey such order, shall be liable to a fine of not less than five dollars, nor more than twenty-five dollars. Provided, That it shall be the duty of the board to provide for the vaccination of such persons as are unable to pay for the same, at the expense of the city. Sec. 10. Removal and care of persons with contagious dis¬ eases. It shall be the duty of the board of health to visit and ex¬ amine, or cause the same to be done by a competent person, all sick persons who shall be reported to them as laboring or supposed to be laboring under any contagious, malignant, infectious or pestilen¬ tial disease, and said board may cause any person within the city having any contagious, infectious or pestilential disease, to be re¬ moved to some safe and proper place within or without the corporate limits, where danger from contagion will be avoided; and shall pro¬ vide suitable medical and other attendance for such person, at his or her own expense if able to pay the same, and if not, at the expense of the city. Provided, That if any such person, being a resident of the city, shall refuse to be removed, or if his condition be such that in the opinion of the attending physician removal would be attended with danger to his life, then such measures shall be taken by the board as may be deemed most advisable to prevent the spreading of the pestilence. In case of the death of any such person, the said board shall direct the manner of interment. 66 REVISED ORDINANCES Sec. 11. Report Of physicians. Every practicing physician of the city of Mt, Pulaski, who shall have any patient therein laboring under contagious, infectious or pestilential disease, shall forthwith make report thereof in writing to some member of the board of health, stating the name of the patient, the nature of the disease and describing the locality of such patient, so that he may easily be found; and for any neglect or failure to so report, such physician shall incur a penalty of not less than ten dollars, nor more than fifty dollars. Sec. 12. Small-pOX and Other notices. If any person in the city shall have the small-pox or other like malignant and infectious disease, the board of health shall upon information thereof, cause notice with the words “small-pox here,” or as the case may be, in large letters to be posted in some conspicuous place on the house or premises occupied by such person, and it shall be the duty of such occupant or occupants of such house to keep such notice so posted as long as directed by said board, under a penalty of not less than five dollars, nor more than fifty dollars. Sec. 13. Spreading of small-pox and other infectious dis¬ eases. Any person having or having had the small-pox or other infectious or malignant disease, who shall go about in any street or public place, while in danger of communicating the disease toothers shall be subject to a penalty of not less than ten dollars, nor more than one hundred dollars: Provided, That this section shall not apply to cases where such persons shall have consulted and obtained from the board of health a written certificate that there is no dan¬ ger of his communicating the disease to others. Sec. 14. Changing wearing apparel. Any physician, nurse or servant attending or being about any person having the small¬ pox, or like infectious or contagious disease, who shall not change or purify his wearing apparel before going upon any street or into any public place, or shall otherwise so conduct himself as to endang¬ er the spreading of the disease, shall, for each offense be liable to a fine of not less than five dollars nor more than fifty dollars. Sec. 15. Bringing person or clothing infected into the city — Penalty. Whoever shall bring into said city any person having the small-pox or other like infectious or contagious disease, or any clothing, bedding or other article or thing infected with .small-pox OF THE CITY OF MT. PULASKI. 67 or other like infectious or contagious disease, shall upon conviction, be fined not less than ten dollars nor more than one hundred dollars. Sec. 16 . Removal of infected clothing from city. Said board shall cause any wearing apparel or bedding which they may deem infectious or likely to endanger the public health or safety, to be removed beyond the city limits of the city and destroyed. Sec. 17. Payment Of expenses. Any bills or accounts for expenses incurred by the board of health under the provisions of this chapter, shall be presented to said board for approval, and if found correct the clerk shall certify the same to the city council for allowance. The city clerk as clerk of said board, shall keep a record of all such disbursements made by said board. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. 68 REVISED ORDINANCES CHAPTER XVII. INSURANCE COMPANIES. Section 1. £ £ £ £ 2 . 3. 4. 5. 6 . Foreign fire insurance companies shall be taxed or licensed. Agents shall report receipts of agency. Agents shall pay tax or license fee. Company failing to report or pay tax shall not trans¬ act business. Violation—Penalty. To what fund tax or license shall be applied. Section l. Foreign fire insurance companies shall be taxed or licensed. Be it ordained by the city council of the city of Alt. Pulaski'. That all corporations, companies or associations not incorporated under the laws of this state, and which are engaged in tho city of Mt. Pulaski in effecting or soliciting fire insurance on property in said city, shall pay to the treasurer of the city of Mt. Pulaski, on or before July 15th, 1897, and annually thereafter, on or before July 15th of each and every year following, a sum equal to two per cent, of the gross receipts of premiums received by such corporation, company or association, or their agency or agents, for business effected or transacted for fire insurance on property within the said city of Mt. Pulaski for the year ending July 1st preceding the date of such report. The sum above designated shall be as a tax or license fee upon all such corporations, companies or associa¬ tions transacting said business as aforesaid within the city of Mt. Pulaski. Sec. 2. Agents shall report receipts of agency. Every per¬ son acting as agent or otherwise for or on behalf of any such corpo¬ ration, company or association shall, on or before the 15th day of July of each and every year thereafter render to the city clerk of OF THE CITY OF MT. PULASKI. 69 the city of Mt. Pulaski a full, true and just account, verified by oath, of all the premiums which during the year ending on the 1st day of July, 1897, and the first day of July of each and every year succeeding, shall have been received by him or any other person for him, in behalf of any such corporation, company or association, from property within said city, on which such corporation, company or association shall issue or cause to be issued any policy of insur¬ ance, and shall fully and specifically set out in said report the amount or amounts received as premiums for fire insurance on said property. Any such corporation, company or association, having effected or transacted any such business within said city within any year, that may have no agent or agency in said city at the time a report of such business is herein required to be made, shall cause such report, properly verified, to be forwarded to the city clerk within the time herein spebified. Sec. 3. Agents shall pay tax or license fee. The said agent, agents or other officers shall also at the time of the making of the above mentioned report, pay to the treasurer of the city of Mt. Pu¬ laski the said sum of two per cent, upon the gross receipts of such corporation, company or association, obtained as premiums for ef¬ fecting fire insurance on property in the city of Mt. Pulaski, as is specified in section one of this ordinance. Sec. 4 . Company failing to report or pay tax shall not transact business. If such account not be rendered on or before the day herein designated for that purpose, or if the above men¬ tioned rates remain unpaid after that day, it shall be unlawful for any such corporation, company or association to transact any busi¬ ness of fire insurance in the city of Mt. Pulaski until the require¬ ments hereof have been fully complied with; nevertheless this pro¬ vision shall in no way affect the validity of any risk that may be taken in violation hereof. Sec. 5. Violation — penalty. If any such corporation, com¬ pany or association fail to render the account or report herein des¬ ignated, by the day required by this ordinance, or if the above men¬ tioned rates for said tax or license fee shall remain unpaid after the day designated, to-wit: July 15 of each year, for which said cor¬ poration, company or association should make such report and pay said tax or license fee, then and in that event every such corpora¬ tion, company or association shall forfeit and pay to the said city of 70 REVISED ORDINANCES Mt. Pulaski, the sum of two hundred dollars upon conviction for each and every offense, and in addition to -such penalty the city of Mt. Pulaski shall recover in an action in its name for its use against such corporation, company or association so failing to make such report, or pay such tax or license fee, the full amount of the said li¬ cense fee, which would be due under the provisions hereof. Sec. 6. To what fund tax or license shall be paid. Any and all sums so received under the provisions hereof shall form and con¬ stitute a fund to be kept separate by the treasurer of the said city of Mt. Pulaski, for the maintenance, use and benefit of the fire de¬ partment of said city of Mt. Pulaski. Passed the 5th day of April A. D. 1897 Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk OF THE CITY OF MT. PULASKI. 71 CHAPTER XVIII. FORM FOR ANNUAL APPROPRIATION ORDINANCE. An ordinance making appropriations for corporate purposes for the city of Mt. Pulaski for the fiscal year from. 18.. .. r to.18. Sec. l. Be it ordained by the city council of the city of Mt. Pulaski: That the following sums, or so much thereof as may be authorized by law, be and the same are hereby appropriated for corporate purposes of the city of Mt. Pulaski, as herein specified,. for the fiscal year commencing. 18...., and ending .18. Sec. 2. All unexpended balances of any item or items of any general appropriation made by this ordinance may be expended in making up any insufficiency in any item or items in the general ap¬ propriation and for the same general purposes, or in like appropria¬ tion made by this ordinance. Passed the 5th day of April, A. I). 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. REVISED ORDINANCES CHAPTER XIX. LICENSE. Section 1. “ 2 . 4 4 4 4 4 -4 4. 5. 6 . 7. 8 . Mayor to receive application. Application—How made. Terms of license—How signed. Subject to ordinances—May be revoked, etc. Not assignable without consent. Clerk to keep register. Form of license. Duty of marshal. Section 1 . Mayor to receive application. Be it ordained by the city council of the city ofMt. Pulaski: That the mayor shall receive application for license and grant the same in all cases where it is not otherwise expressly provided, upon the terms and condi¬ tions specified by ordinance. But if he shall not feel authorized to grant application for a license for any purpose, he may report such application to the next meeting of the city council for their action thereon. Sec. 2. Application—How made. . Any person desiring a li¬ cense under the ordinances of the city for any purpose shall make a written application to the mayor therefor, stating the purpose for which the same is desired, for what length of time, and specify the place where his business is /to be carried on, and, if required by ordinance to file bond before being licensed, he shall name his pro¬ posed sureties on his bond in his application; if the mayor shall grant such application, he shall indorse the same thereon, together with the amount taxed for the license, and upon the filing of the ap¬ plication, so indorsed, with the city clerk, and the payment of the amount specified, the city clerk shall issue to such applicant a li¬ cense for the purpose and time specified. OF TIIE CITY OF MT. PULASKI. 'r-o i 3 Sec. 3. Term of license — How signed, u/c. No license shall be granted for a longer period than the municipal year, and all li¬ censes shall be signed by the mayor and countersigned by the city clerk, under the corporate seal. No license shall be valid until signed and countersigned as aforesaid, nor shall any person be deemed licensed until a license shall be duly issued to him. Each license shall be dated the day of the issuing thereof, but if the ap¬ plicant has been acting without a license, then it shall be dated from the time he commenced acting. Sec. 4. Subject to ordinances—May be revoked, etc. All licenses granted shall be subject to ordinances relating to license which may be in force at the time of the issuing thereof, or which may be subsequently adopted by the city council; or, if any person licensed shall violate any provision of any ordinance in relation to his license, he may be proceeded against for any fine or penalty imposed thereby, and his license may be revoked or forfeited, in the discretion of the city council, or of the court or magistrate be¬ fore whom any action may be brought for the recovery of any fine or penalty. Sec. 5. Hot assignable without consent, etc. No license granted shaH be assignable or transferable, nor shall any person be authorized to do business or act under such license but the person to whom it is granted, or in any other place than the place specified therein, without the consent of the city council, to be certified on such license by the city clerk, nor shall any license authorize any person to act under it at more than one place at the same time, nor at any other time than is therein specified. Whoever shall violate any of the provisions of this section shall be deemed to be acting without license, and shall be subject to the same penalty as is pre¬ scribed for acting; without license. Sec. G. Register Of license. The city clerk shall keep a license register, in which he shall enter the name of each person licensed, for what purpose licensed, the place of business, the date of license, the amount paid, and the date of the expiration of the same. He shall pay into the city treasury, on the Monday before the fourth Tuesday of each month, all money received by him on account of licenses. He may charge and receive a fee of fifty cents for each license issued by him where the fee charged 74 REVISED ORDINANCES is ten dollars or less, and one dollar where the fee charged is more than ten dollars, and a fee of twenty-five cents for certifying the consent of the city council to the assignment or transfer of any li¬ cense or change of place of business specified in such license. Sec. 7. Form Of license. License may issue, as near as may be, in the following form, to-wit: A. B.of the City of Mt. Pulaski, to all whom these presents may come, Greeting: Know ye that C. D. having made application in due form, filed bond, and paid into the city treasury.dollars, and in all other respects complied with the ordinance of the city in this behalf: Therefore I, A. B. mayor of the City of Mt. Pulaski, for and in behalf of said city, do hereby authorize, empower and license the said C. D. (here set forth the business or purpose of the license) at.for .from. Nevertheless, this license is granted upon this express condition: That if the said C. D. shall observe and obey all ordinances of the city which are or may be in force regulating or relating to said business, then this license shall be valid for the said period; otherwise it may be annulled, revoked or forfeited, at the option of the city council, or in any other manner provided by ordi¬ nance. In testimony whereof I have hereunto set my hand and caused the corporate seal of said city to be affixed, at the city of Mt. Pulaski, this.day of. A. D. 18. (Seal.) Countersigned and registered: A. B., Mayor. E. F., City Clerk. Sec. 8. Duty of marshal. The city marshal shall enforce all ordinances in relation to licenses, and shall from time to time ex¬ amine the license register and prosecute all persons who may be acting; without license. Passed the 5th day of April A. D. 1897 Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk OF THE CITY OF MT. PULASKI. 75 CHAPTER XX. LIQUORS. Section 1. 44 2. 4 4 3. 4 4 4. 4 4 5. » 4 6 . 4 4 7. 4 4 0° 4 4 * 9. 4 4 10. 4 4 11. 4 4 12. 4 4 13. 4 4 14. 4 4 15. 4 4 16. 4 4 17. i 4 i—* 00 4 4 19. 4 4 20. 4 4 21. 4 4 22. Liquors—License required. License fee—Bond required, etc. Revocation of license—Refunding money. Selling to minor without permit. False representations by minor—Penalty, Employment of minor without permit—Penalty. Procuring liquor for minor, etc.—Penalty. Selling to intoxicated person or habitual drunkard— Penalty. Hours of closing, etc. Not to keep open on Sunday. Not to be kept open on election day. Required to keep order. Requirements of location, Use of slides, dumb-waiters, etc. forbidden—Penalty. License when revoked. Dram-shops may be closed by mayor. Penalties not evaded by shift or device. License not assignable. Wholesale liquor dealers. License fee for wholesale liquor dealers. Place of illegal sale a nuisance. O Penalties for violations not specially provided. Section 1 . Liquors—License required. Be it ordained by the city council of the city of Alt. Pulaski: That no person shall within the city, by himself, his servant or clerk, directly or indirectly, sell, barter, exchange or deliver or otherwise dispose of any intoxicating, malt, vinous, mixed or fermented liquors, in a less quantity than one gallon, to be carried away at one time from the place of sale or delivery, or in any quantity whatever to be drank upon the premises, or in or upon any adjacent room, building, yard 76 REVISED ORDINANCES or premises, or place of public resort, without a license therefor in accordance with the requirements hereof, under a penalty of not less than twenty dollars and not to exceed one hundred dollars for «/ each offense. Sec. 2 License fee—Bond required, etc. The city council may in its discretion grant license for a term not exceeding one year, to such person or persons as may apply therefor, to retail in¬ toxicating liquors, upon the person or persons paying into the city treasury the sum of five hundred dollars for one year’s license, and executing a bond to the city of Mt. Pulaski in the penal sum of five hundred dollars, signed by at least two good and sufficient sureties, freeholders of the county of Logan and state of Illinois, which bond shall be'approved by the city council before license issues, condi¬ tioned that the person or persons to whom such license is issued will pay to said city all fines and costs recovered against such per¬ son or persons so licensed under the provisions of this chapter, and any and all other ordinances relating to the sale of intoxicating liquors, now in force or which may hereafter be in force, on account of any act done or left undone by him in violation of any such ordi¬ nance, during the time for which such license may be granted. Said applicant or applicants shall also, before license shall be issued, give bond in the penal sum of three thousand dollars, pay¬ able to the people of the state of Illinois, with at least two good and sufficient sureties, freeholders of the county of Logan and state of Illinois, to be approved by the city council, conditioned that the person or persons so licensed will pay to all persons all damages they may sustain, either in person or property or means of support, by reason of the person or persons so licensed selling or giving away intoxicating liquors. Provided, That any person who has become surety upon either of the bonds aforesaid for any person to whom license has been issued as aforesaid, may release himself from further liability thereon in the following manner: Such surety shall, a least ten days before a regular meeting of the city council, give notice in writing to the city clerk of his desire and intention to withdraw himself as such security upon such bond, whereupon it shall be the duty of such clerk to notify the principal of such bond of such request, and that at the next regular meeting of the city council he will be required to file a new bond or bonds, with suffi¬ cient sureties, to be approved by said city council; and in default of OF THE CITY OF MT. PULASKI. 77 so doing, the license so granted to him will be revoked, and in case the person to whom such notice is given fails to comply with the terms thereof by filing a good and sufficient bond as hereinbefore required, the license so issued to such person shall thereupon be¬ come null and void; such surety, however, shall not be released from his liability on such bond arising from any act or acts done or left undone by such principal or principals prior to the giving and approval of such new bond or the revocation of such license; and provided further, that all license granted under the provisions of this chapter shall expire on the 30th day of April, and no license shall be granted to extend beyond the municipal year in which it shall be granted. Sec. 3. Revocation of license—Refunding money. Any li¬ cense issued under the provisions of this chapter may be revoked at any time by resolution of the city council: Provided, That in case any license shall be revoked without cause, and in case of the death of any licensee when the unexpired term of the license shall exceed three months, the fee for the unexpired term of such license shall be refunded to the holder of the same; or in case of the death of such licensee, to such person’s legal representatives; but in no other case shall any license fee be refunded. Sec. 4. Selling to minor without permit. Whoever, by him¬ self or his servant or agent, shall sell, give or deliver any intoxi¬ cating liquor to any minor without first having procured a written permit from the parents or guardian of such minor, permitting such sale, gift or delivery, shall be subject to a penalty of not less than five dollars nor more than two hundred dollars for each offense. Sec. 5. False representations by minor—Penalty. Any mi¬ nor who shall falsely represent himself to be of age to any dram¬ shop keeper, his clerk, servant or agent, for the purpose of obtain¬ ing intoxicating liquor without the consent of his parent or guar¬ dian, or for the purpose of being allowed to remain in or about such saloon or dram shop, shall, on conviction, be subject to a penalty of not less than five dollars; but all sales of intoxicating liquor shall be at the peril of the dram shop keeper making the same. Sec. 6. Employment of minor without permit—Penalty. No person licensed under the provisions of this ordinance shall em¬ ploy any minor as servant or clerk in his business, without the 78 REVISED ORDINANCES written permission of his parent or guardian, nor shall permit any minor to remain or loiter in said place of business without the writ¬ ten permission of parent or guardian, under a penalty of not less than tea dollars, nor more than two hundred dollars. Sec. 1 7. Procuring liquor for minor, etc. — Penalty. That any person who shall purchase, provide for, or in any other manner procure any intoxicating liquor for any minor, or for any person in¬ toxicated, or for any habitual drunkard, shall be subject to a penal¬ ty of not less than twenty nor more than two hundred dollars. Sec. 8. Selling to intoxicated person or habitual drunkard— Penalty. Whoever, licensed under the provisions of this ordinance to keep a dram-shop, shall, by himself, or his agent, servant or clerk, sell, give, deliver or in any manner dispose of any intoxicat¬ ing liquor to any person in the habit of getting intoxicated, shall be subject to a penalty of not less than five dollars and not more than one hundred dollars for each offense. Sec. 9. Hours Of closing, etc No person licensed under the provisions of this ordinance shall keep open, or suffer or permit to be kept open, his place of business at a later hour than eleven o’clock p. m., nor shall open or permit to be opened his place of business at an earlier hour than four o’clock a. m., and shall not permit or suf¬ fer any person not belonging thereto or connected therewith to be or remain in said premises, or any part thereof, between the. hours aforesaid, under a penalty of not less than twenty dollars. Sec. 10. Hot to keep Open on Sunday. No person licensed under the provisions of this ordinance shall on Sunday keep open, or suffer or permit to be kept open, any part of his or their place of business, nor shall on Sunday sell, dispose of, or deliver intoxica¬ ting liquors or beverages whatever, or permit any such liquors or beverages to be drank at his place of business or in any place ad ¬ jacent thereto, under his control; nor shall on Sunday admit any person into his place of business not belonging thereto or connected therewith, under a penalty of not less than twenty dollars, nor more than one hundred dollars. Sec. 11. Not to be kept Open on election day. No person li¬ censed under the provisions of this ordinance shall on the day of any general, special or municipal election, sell, give or deliver, or permit to be sold, given or delivered to any person whatever any OF THE CITY OF MT. PULASKI. 79 intoxicating, malt, vinous, mixed or fermented liquors, nor shall keep open his place of business, or any part thereof, or admit any person into said place of business not belonging thereto, under a penalty of not less than ten dollars nor more than fifty dollars for each offense. Sec. 12. Required to keep order. No person licensed under the provisions of this ordinance shall suffer or permit any loud, boisterous, profane or indecent language, or any indecent or lewd act or behavior, quarreling, fighting or other disturbance in or about his place of business, or any place adjacent, thereto, under his control, under a penalty of not less than ten dollars nor more than fiftv dollars. Sec. 13. Requirements Of location. The business of a dram¬ shop or saloon shall not be carried on in any other than a front room on the ground floor of the building used for such business. Sec. 14. Use of slides, dumb waiters, etc., forbidden — Pen¬ alty. It shall be unlawful for the owner or lessee of any premises used or occupied for the purpose of a saloon or dram-shop, or for any person having a license to sell liquors at retail, or to keep a saloon or dram-shop under the ordinances of this city, to construct, erect, keep or maintain any slide, elevator, dumb waiter or other instrument or device in any such room used or occupied for the sale of liquors which shall run to or connect or communicate with any room or place above, beneath or adjoining to such dram¬ shop or licensed saloon; and it shall also be unlawful for any person having such license to sell liquor at retail either by himself or his clerk or servant, to use any such slide, elevator or dumb waiter or other device for sending or to send any intoxicating liquors or beer from such saloon or dram-shop to any room or place above, below or adjoining the same. Any such slide, elevator or dumb waiter which may now exist in any saloon or dram-shop in this city shall be removed, taken out or destroyed immediately. Any person who shall construct, erect, keep or maintain, or shall use any such slide, elevator or dumb waiter in violation hereof, shall be fined not less than ten dollars nor more than one hundred dollars for erecting or constructing the same, and a like sum for each day he shall keep or maintain the same in any such saloon or dram-shop whether erected before or since the passage of this ordinance, and 80 REVISED ORDINANCES in a like sum for each time the same shall be used for the purpose aforesaid. Sec. 15. License when revoked. The city council shall have power to revoke any license granted under this ordinance, when¬ ever they shall deem it to the best interest of the city, or if the person licensed shall be convicted the second time for a violation of the provisions of this ordinance, or m case said person licensed fails or refuses to obey any lawful order of the mayor or city council. Sec. 16. Dram-shops may be closed by mayor. The mayor shall have power at any time when he may feel there is danger of riot or other serious disturbance of the public peace or quiet, to or¬ der all saloons closed for such length of time as he may deem prop¬ er, and forbid the sale of intoxicating liquors at such times by any dram-shop keeper licensed under provisions of this ordinance. The order of the mayor shall be in writing, and shall specify the length of time all such places shall be closed. Any person licensed under the provisions of this ordinance, who shall fail or refuse to obey the order of the mayor in any such case shall be subject to a penalty of not less than fifty dollars and not more than two hundred dollars, and the license of any such person may be revoked for such cause by the city council. Sec. 17. Penalties not evaded by shift or device. The giv¬ ing away, or any shift or device to evade the provisions of this or¬ dinance shall be deemed a violation thereof. In all prosecutions for unlawful selling under this ordinance it shall not be necessary to state or prove the kind of liquor sold, nor to whom sold, nor to show the knowledge of the principal, to convict for the acts of the agent or servants for the violation of any provisions of this ordi¬ nance. Sec. 18. License not assignable. No license granted under this ordinance shall be assignable or transferable, nor shall any person be authorized or permitted to do business or act under such license, but the person to whom it is granted, nor at any other place than that certified on such license, and countersigned by the city clerk; nor shall any such license permit any person to act under it at more than one place at a time. Sec. 19. Wholesale liquor dealers. No person, firm or cor¬ poration shall sell or offer for sale any spirituous or vinous liquors OF THE CITY OF JIT. PULASKI. 81 in quantities of one gallon or more at a time within the city of Mt. Pulaski, without having obtained a license therefor from the city of Mt. Pulaski, under a penalty of not less than twenty dollars nor more than one hundred dollars for each offense. Sec. 20. License fee for wholesale liquor dealer. All such license shall be issued in accordance with the general ordinances of the city concerning licenses, and for every such license there shall be charged at the rate of two hundred and fifty dollars per annum. Sec. 21. Place of illegal sale a nuisance. All places where intoxicating liquors are sold in violation of the provisions of this ordinance shall be taken, held and deemed to be common nuisances, and all rooms, taverns, eating-houses, restaurants, drug stores, groceries, coffee houses, or other places of public resort, where in¬ toxicating liquors are sold in violation of the provisions of the ordi¬ nance, shall be deemed public nuisance, and whoever shall keep any such place, by himself, agent or servant, shall for each offense be fined not less than fifty dollars nor more than two hundred dollars. Sec. 22. Penalties for violations not specially provided. Any person violating any of the provisions of this ordinance, unless otherwise specially provided herein, shall be subject to a penalty of not less than ten dollars nor more than two hundred dollars. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. 82 REVISED ORDINANCES Section 1. £-£ 2. £ ( 3. £( 4. c £ 5. • £ £ 6. .£ £ 7. k £ 8. £ £ 9. £ £ 10. £ £ 11. £ £ 12. £ £ 13. -k £ 14. £ £ 15. X £ 16. £ £ 17. £ £ 18. X £ 19. £ ( 20. £ £ 21. X £ 22. X £ 23. £ £ 24. X £ 25. X £ 26. X £ 27. X £ 28. X £ 29. l £ 30. £ £ 31. £ £ 32. CHAPTER XXI. MISDEMEANORS. Unlawful assembly. Assaults—Fighting affrays. Disorderly conduct. Permitting unlawful assemblage. Disturbing peace of city or family. Disturbing congregations. False alarm of fire—Cry for assistance. Drunkenness. Indecent exposure. Sale of obscene books, etc. Having obscene books, etc., in possession. Obscene writing or figure. Indecent exhibition of animals. Gambling. Inmates of gambling houses, etc. Gaming houses. Leasing premises for gaming. Duty of police—Refusal of admittance of police—Pen- alty. V Police to destroy gaming implements. Lotteries prohibited. House of ill-fame. Inmates of houses of ill-fame, etc. Concealed weapons. Disorderly houses. Disturbing funeral. Places of amusement open on Sunday. Amusements of Sunday. Places of business open on Sunday. Cruelty to animals. Fast driving—Drunken drivers. Leaving animals unfastened. Scaring horses. OF THE CITY OF MT. PULASKI. 83 “ 33. Poison—Sale of. “ 34. Burglar’s tools. “ 35. Firing cannon, guns, fire crackers, etc. ££ 36. Minors not to remain upon the streets, etc. at late hour of night. ££ 37. Throwing stones—Slings, etc.—Duty of officer. £ - 38. Injury to pavement, etc.—Obstructing public im¬ provement. ££ 39. Injury to building, etc.—Malicious mischief. “ 40. Hitching horses to trees, fences, etc. “ 41. Trespassing and carrying away fruit, etc. “ 42. Trespass upon private premises. “ 43. Posting bills, etc. “ 44. Ball playing upon streets. “ 45. Vehicles standing on streets. “ 46. Meddling with fire hydrant. ££ 47. Vagrants. “ 48. Idling about depot—Interfering with property, etc. “ 49. Minors to keep off cars, etc. £k 50. Bill boards—When a nuisance. “ 51. Attempt to commit offense. “ 52. Accessories, etc. “ 53. Prostitutes loitering on streets, etc. ££ 54. Dangerous sports, kite flying, etc. “ 55. Voting illegally, etc—Penalty. k£ 56. Encouraging illegal voting—Penalty. ££ 57. Misbehavior of judge or clerk of election—Penalty. “ 58. Judge or clerk taking liquor to the polls to give away —Penalty. “ 59. Trespassing upon school property—Penalty. l£ 60. Trespassing in cemetery—Penalty. ££ 61. Removing corner stone—Penalty. Section 1. Unlawful assembly Be it ordained by the city council Of the city Of Alt. Pulaski: Any two or more persons who shall assemble for the purpose of disturbing the peace, or of committing any unlawful act, and who shall not disperse when com¬ manded or requested by any peace officer, shall, each and severally, be subject to a penalty of uot less than three dollars, and not ex¬ ceeding one hundred dollars. Sec. 2. Assaults — Fighting affrays. Whoever shall assault, strike or fight another, or attempt or offer to do so, or shall threat¬ en or traduce another, or shall challenge another to fight, or shall agree to flight another, or shall by agreement actually fight another, or shall be guilty on an affray within the limits of said 84 REVISED ORDINANCES city, shall be fined not less than three dollars, nor more than two hundred dollars. Sec. 3. Disorderly conduct. Whoever shall disturb the peace, or shall be guilty of any violent, tumultuous, offensive or disorderly conduct, or shall use obscene, offensive, profane or unseemly lan¬ guage, to the annoyance, disturbance or vexation of another, or shall be guilty of any conduct calculated to provoke a breach of the peace, shall be fined not less than three dollars, nor more than one hundred dollars. Sec. 4. Permitting unlawful assemblage. Whoever shall knowingly further or permit any assemblage for the purpose of dis¬ turbing the peace, or of committing any unlawful act, or shall per¬ mit any breach of the peace, or any riotous, tumultuous, offensive or disorderly conduct, or any loud or unusual noise or disturbance, or obscene, offensive, profane or unseemly language, to the annoy¬ ance, disturbance or vexation of others, in or upon any premises owned or occupied by him, under his control, shall be subject to a penalty of not less than three dollars, nor more than one hundred dollars. Sec. 5. Disturbing peace of city or family. Whoever shall disturb the peace and quiet of the city, or any neighborhood, family or person, by loud and unusual noise, shouting, blowing horns, yell¬ ing, singing, whistling, or by tumultuous and offensive carriage, or other boisterous and unseemly conduct, shall be fined not less than three dollars, nor more than one hundred dollars. Sec. 6. Disturbing congregations. Whoever shall disturb any congregation or assembly met for religious worship, or for any other lawful purpose, shall be fined not less 1 than five dollars, nor more than one hundred dollars. Sec. 7. False alarm of fire—Cry for assistance. Whoever shall knowingly make or give a false alarm of fire, or any false cry for assistance, shall be fined not less than three dollars, nor more than one hundred dollars. Sec. 8. Drunkenness. Whoever shall be drunk or shall be in a state of intoxication in any public place, or in any private house or place, to the annoyance of any person, shall be fined not less than three dollars, nor more than fifty dollars. OF THE CITY OF MT. PULASKI. 85 Sec. 9. Indecent exposure. Whoever shall purposely or pub¬ licly make any indecent exposure of his or her person, or shall ap¬ pear in a dress not belonging to his or her sex, or in an indecent or lewd dress, or in a state of nudity, or shall be guilty of any other indecent or lewd act or behavior, shall be subject to a penalty of not less than five dollars, .and not exceeding; one hundred dollars. Sec. 10. Sale Of obscene books, etc. Whoever shall bring within the limits of said city, for the purpose of sale or exhibition, or shall sell or offer to sell, or shall give away or offer to give away, or shall in any manner exhibit, or shall make, draw, print or pub¬ lish any obscene, indecent or scandalous book, pamphlet, newspa¬ per, journal, print, publication, paper or writing of any kind, or any obscene, indecent or lewd picture, drawing, engraving, card, photograph, model, cast or instrument, or any article of indecent or immoral use, shall, on conviction, be fined not less than twenty- five dollars, nor more than two hundred dollars for each offense. Sec. ll. Having obscene books, etc., in possession. Who¬ ever shall keep or have in possession, within said city, any of the obscene or indecent articles or things mentioned in the last pre¬ ceding section, with or without intent to sell or dispose of the same, shall, on conviction, be fined not less than five dollars, nor more than fifty dollars. Sec. 12. Obscene writing or figure. Whoever shall, in any p'ace open to public view, write, mark, draw, cut or make any ob¬ scene or indecent word, sentence, design or figure, shall be fined not less than five dollars, nor more than one hundred dollars. Sec. 13. Indecent exhibition Of animals. Whoever shall in¬ decently exhibit any studhorse, bull, jack or other animal in any public place, or shall let any such animal except in some inclosed place out of public view, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. O 4 Sec. 14. Gambling. Whoever shall in any manner gamble or play for money or other valuable thing, or for any check or anything representing or intended to represent money or other valuable thing, at any game with cards, dice, checks, billiards or with any other article, instrument or thing whatsoever which may be used for the purpose of playing or betting upon or winning or losing money or other thing of value, or whoever shall bet on any such 86 REVISED ORDINANCES game when played by others, shall, for either offense, be fined not less than ten dollars, nor more than two hundred dollars. Sec. 15. Inmate of gambling house, etc. Whoever shall be an inmate of any room, house or place where gambling of any kind is going on or allowed, or whoever shall frequent the same or shall be found therein, shall, for either ' offense, be fined not less than five dollars, nor more than one hundred dollars. Sec. 16. Gaming houses. Whoever shall keep or maintain any gaming house or room, or any place where gaming or betting of any kind is done or going on, or whoever shall procure or permit any persons to come together in any house, rooms or place occupied or owned by him or under his control, for the purpose of playing at any game for money or other valuable thing, or anything represent¬ ing or intended to represent money or other thing of value, or shall permit any such persons to play at any such game aforesaid when they have come together in any such room, house or place as afore¬ said, or whoever shall keep or permit to be used in any building, room, yard or place occupied, controlled or owned by him, or have in his possession any keno or faro table, faro bank, roulette or other gaming implement, instrument, device or thing commonly used for the purpose of gaming, shall, in either case, be fined not less than twenty-five dollars, nor more than two hundred dollars. Sec. 17. Leasing premises for gaming. Whoever shall know¬ ingly rent or lease to another any building, room or premises to be used or occupied, in whole or in part, as a gaming house or place for persons to come together to play for money or other valuable thing at any game, or to bet upon any game of chance, or shall knowingly permit the same to be used or occupied, shall be fined not less than ten dollars, nor more than two hundred dollars. Sec. 18. Duty of police force—Refusal of admittance of police — Penalty. It shall be the duty of all members of the police force to report to the mayor, each house, room or place, within the city, wherein gaming of any kind is carried on, or wherein any games, devices, tables or other instruments or things for the pur¬ pose of gaming, are or may be set up or maintained; and the said police officers shall use and take all lawful means to suppress and prevent gaming, or the playing at the tables, games or devices aforesaid, and for this purpose, when and as often as any one of OF THE CITY OF MT. PULASKI. 87 them shall have reasonable cause to suspect that any such table, game, or device is set up, kept or maintained as aforesaid, or that any gaming of any kind is being carried on or done in any house, room or place, contrary to the ordinances of the city, he shall make complaint thereof before some police magistrate or justice of the peace, and obtain a warrant authorizing him to enter such building, room or place; and said police officer shall then have authority to demand entry therein, and any person or persons who shall refuse or neglect to open the door or entrance to such house, rcom or place upon the application of any police officer having such warrant, shall forfeit and pay a fine of not less than twenty dollars, nor more than two hundred dollars for each offense. Sec. 19. Police to destroy gaming' implements. It is hereby made the duty of every member of the police force to seize any ta¬ ble, instrument or device or thing used for the purpose of gaming,, and all such tables, instruments, devices or things shall be destroy¬ ed. Any person resisting or obstructing any member of the police force in the performance of any act authorized by this section, shall be fined not less than twenty-five dollars nor more than fifty dollars for each offense. Sec. 20. Lotteries prohibited. Whoever shall maintain or run or be in any way connected wfithin any lottery, or any other enter¬ prise or business by whatever name the same may be known, where¬ in any property is sold or disposed of by chance, or whoever shall sell or dispose of any lottery ticket or share or any chance, or any article or thing entitled or purporting to entitle the purchaser thereof to any chance,or whoever shall sell or dispose of any pack¬ age or article purporting to contain a prize, or where as an induce¬ ment it is held out that such article or package may contain a prize or may entitle the purchaser to some article or thing of value not directly contemplated and known in the purchase, shall be fined not less than ten dollars nor more than two hundred, dollars for each offense. Sec. 21. House of ill-fame. Whoever shall keep or maintain any bawdy house, house of ill fame or of assignation, or any room or place for the practice of fornication within said city or within three miles from the outer boundaries thereof, or shall knowingly suffer or permit any premises owned or occupied by him or under 88 REVISED ORDINANCES his control, within said city or within the limits aforesaid, to be used for that purpose, shall be fined not less than ten dollars nor more than one hundred dollars. Sec. 22. Inmates Of houses Of ill-fame, etc. Whoever shall be an inmate of any bawdy house, house of ill-fame, or any room or place for the purpose of fornication, situated within said city or within three miles of the outer boundaries thereof, or shall in any way contribute to the support thereof, or be connected therewith, or whoever shall be found therein, shall for each offense be fined not less than five dollars nor more than one hundred dollars. Sec. 23. Concealed weapons. Whoever shall carry concealed upon or about his person any pistol, revolver, derringer, bowie- knife, dirk, slungshot, metallic knuckles or a razor as a weapon, or any other deadly weapon of like character capable of being concealed upon the person, or whoever shall in a threatening or boisterous manner flourish or display the same, shall be fined not less than five dollars nor more than one hundred dollars, and in addition to the said penalty shall, upon the order of the magistrate before whom such conviction is had, forfeit the weapon so carried, to the city. Sec. 24. Disorderly house. Whoever shall keep a common, ill- governed and disorderly house, to the encouragement of idleness, gaming, drinking, fornication or other misbehavior, shall be fined not less than five dollars and not exceeding two hundred dollars. Sec. 25. Disturbing funeral. Whoever shall wilfully interrupt , or disturb any funeral assembly or funeral procession shall be fined not less than ten dollars nor more than two hundred dollars. Sec. 26. Places of amusement open on Sunday. Whoever shall, on Sunday, keep open any billiard room, ball or pin alley, house, beer garden, ground or other place of amusement, or shall suffer or permit persons to assemble therein for the purpose of amusement or play, shall be subject to a penalty of not less than five dollars and not exceeding one hundred dollars. Sec. 27. Amusements on Sunday. Whoever shall, on Sunday, play ball, or disturb the peace or good order of society by any place of amusement, shall be subject to a penalty of not less than five dollars and not exceeding one hundred dollars. Sec. 28. Place of business open on Sunday. Whoever shall, OF THE CITY OF MT. PULASKI. 89 on Sunday, (except in case of necessity or for charitable purposes, or where the party shall conscientiously and on religious principles observe some other day of the week as the Sabbath), keep open his place of business, or pursue his daily business or avocation, or shall require or permit any hand, servant or employe to labor or work at such business or avocation, shall be fined not less than five dollars and not exceeding one hundred dollars: Provided, This section shall not apply to hotels, eating houses, livery stables, drug stores,, and tobacco stores. Sec. 29. Cruelty to animals. Whoever shall, in any manner or by any means, be guilty of cruelty to any dumb animal, or shall be guilty of turning out and abandoning any old, decrepid or worth¬ less animal upon the public streets or commons, shall be fined not less than five dollars nor more than one hundred dollars. Sec. 30. Fast Driving—Drunken drivers . Whoever shall run, race or immoderately ride or drive any horse, mule or other an¬ imal or any team in any street or alley of said city, or whoever shall ride or drive the same when intoxicated, or whoever shall wilfully or heedlessly drive such animal so that such animal or any vehicle attached thereto shall come in collision with any other animal or other vehicle, or shall strike any person, shall be fined not less than three dollars nor more than one hundred dollars. Sec. 31. Leaving animals unfastened. Whoever shall leave any horse, mule or other animal attached to any vehicle or convey¬ ance, in any uninclosed place without being securely fastened or guarded, so as to prevent its running away, shall be fined not less than three dollars nor more than one hundred dollars. Sec. 32. Scaring horses. Whoever shall, by riding any bicycle in the streets or on the sidewalks of said city, or shall by any other means wilfully or negligently frighten any horse, mule or oth¬ er animal being at the time ridden by any person or attached to any vehicle, shall be fined not less than three dollars, nor more than fifty dollars. Sec. 33. Poison—Sale Of. Whoever shall keep, sell or deliver any poison, usually known or used as deadly poison, without legibly marking the same, or the word “poison” upon the vial, wrapper or other inclosure containing the same, or whoever shall sell or deliver any arsenic, strychnine, prussic acid or other poison usually known 90 REVISED ORDINANCES or used as a deadly poison to any person known to him, without registering the name of such poison, and the kind and quality of the poison sold or delivered and the purpose for which the same was obtained; or whoever shall sell or deliver any such poison to any person to him unknown, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars in each case. But the sale or delivery of any such poison as a medicine, upon the prescription of a practicing physician, shall not be deemed a violation of this section. Sec. 34. Burglar’s tools. Whoever shall have in his posses¬ sion any nippers of the description known as burglar’s nippers, or any picklock, skeleton-key, key to be used with a bit or bits, jimmy or other burglar’s tool or instrumentof whatever kind or description, unless it be shown that such possession is innocent or for a lawful purpose, shall be fined not less than twenty-five dollars, *nor more than two hundred dollars. Sec. 35. Firing cannon, guns, fire crackers, etc. Whoever shall fire or discharge any cannon, gun, pistol, revolver or any firearm of any description, or shall fire, explode or set off any squib, firecracker, torpedo or other thing containing powder, or other ex¬ plosive material, without permission from the mayor so to do, shall be fined not less than one dollar, nor more than twenty dollars. Such permission, when given, shall definitely limit the time of such firing, and may at any time be revoked. Sec. 36. Minors not to remain on the street, etc., at a late hour of night. No minor or minors under the age of sixteen years, shall for the purpose of amusement linger or loiter about or upon the streets, alleys, public places or places adjacent thereto, or in places away from their place of residence or employment, after the hour of nine o’clock in the evening, without being able to give a good reason for their absence from their place of residence or em¬ ployment. Any minor or minors violating the provisions of this section, may be fined in the discretion of the court not less than one dollar nor more than five dollars. Sec. 37. Throwing stones—Slings, etc.—Duty of officer. Any boy, or other person, who shall cast or throw any stone, brick, club, snow ball or other missile at any person, or from or into any public place, or at, against, into or upon any tree, building, premi- OF THE CITY OF MT. PULASKI. 91 ses or other property, or shall use, play with or have in possession a sling of any character, or any instrument or device whatsoever, for the casting or throwing of stone, bullet or other thing, shall be fined not exceeding twenty dollars. And it is hereby made the duty of any police officer of this city to take possession of and destroy any such sling, instrument or device found in the possession of any such boy or person as aforesaid. Sec. 38. Injury to pavement , etc.—Obstructing public im¬ provement. Whoever shall tear up or injure any pavement, side¬ walk, cross walk, drain or sewer, or shall hinder or obstruct the making or repairing of the same, or of any other public work or improvement being done under city authority, shall be fined not less than ten dollars nor more than one hundred dollars for each offense. Sec. 39. Injury to buildings, etc,—Malicious mischief. Whoever shall wilfully, maliciously or negligently destroy, injure, mark, cut or write upon or otherwise deface or injure any public or private building, fence, railing or any public property of the state, county or city, or any private property, or be guilty of any kind of malicious mischief, shall be fined not less than five dollars nor more than one hundred dollars. Sec. 40. Hitching horses to trees, fences, etc. Whoever shall hitch or fasten any horse or other animal to any ornamental or shade tree, or to any fence or railing, or to any building or struc¬ ture upon any street alley or sidewalk, shall be fined not less than three dollars nor more than fifty dollars. Sec. 41. Trespassing and carrylug away fruits, etc. Who¬ ever shall trespass upon any private premises or public ground, and injure, destroy or carry away any flower, fruit, vegetable, plant,, shrub, tree or other thing, which may be there for ornament or otherwise, shall be subject to a penalty of not less than three dol¬ lars and not exceeding one hundred dollars. Sec. 42. Trespassing upon private premises. Whoever shall be found trespassing upon the premises of another within said city, shall be fined not less than three nor exceeding fifty dollars. Sec. 43. Posting bills, etc. Whoever shall, without the con¬ sent of the owner or occupant of the premises, post or place any handbill, show bill, placard or notice, or paint any sign or adver- 92 REVISED ORDINANCES tisement upon any tree, fence, wall, barn, outhouse, telephone, tele¬ graph, electric light or street railway pole, or building of any kind, shall be fined not less than three dollars nor more than one hundred dollars. Sec. 44. Ball playing Upon streets, etc. Whoever shall play at ball, cricket or other game wherein a ball is used, upon any street, alley or upon any public ground or place, or upon any pri¬ vate premises without the consent of the owner, or occupant thereof, shall be fined in any sum not less than three and not exceeding ten dollars. Sec. 45. Vehicles standing on streets. Whoever shall leave any sled, cart, dray, buggy or other vehicle, standing in or upon any street or alley of said city, when the same is not in use, shall for each offense be fined not less than three and not exceeding ten dollars. Sec. 46. Meddling with fire hydrant. Whoever shall, unless authorized by the waterworks committee, the chief of the fire de¬ partment, or the mayor of the city, take water from any public fire plug or hydrant, or shall remove the cover from the same, or place any earth or other material in any such fire plug or hydrant, or in the box or appendage thereto, or shall in any other manner inter¬ fere with or injure the same, shall be fined not less than three dollars, nor more than one hundred dollars. This section not to apply to the legitimate use of such fire plugs or hydrants by any fire company of said city. Sec. 47. Vagrants. Any person able to work and support himself by an honest and respectable calling, not having visible means of support, who shall live idly without lawful employment, or shall loiter or stroll about begging, or shall stroll or loiter about the streets or railroad depots, or railroad grounds, or sleep in rail¬ road cars, or be found therein, or frequent gaming houses, disorderly or bawdy houses, groceries, tippling houses, or other place where intoxicating liquors are sold, or shall otherwise lead an idle or prof¬ ligate course of life; or any person who shall keep any gaming house, or keep or exhibit any gaming implements for the purpose of gaming therewith, or shall pursue gaming, or who shall keep, maintain or be an inmate of any house of prostitution, or who shall have in his possession any implements used for counterfeiting, or OF THE CITY OF MT. PULASKI. 93 for the commission of burglary, or for picking locks or pockets, or any implement or device used by cheats and swindlers, without being able to give an account of his possession of the same, or who shall trespass upon private property, or who shall sleep in sheds, stables, outhouses, or in the open air, without being able to give a good account of himself, shall be deemed a vagrant, and shall be subject to a penalty of not less than ten dollars, and not exceeding one hundred dollars. Sec. 48. Idling about depots—Interfering with property, etc. Any person who shall idle, loaf or loiter in or around the depot of any railway, or upon the platforms or grounds adjoining thereto and used in connection therewith; or shall in any manner impede, obstruct or disturb any officer or employe of such railway while engaged in performing his lawful business connected there¬ with; or shall in any manner molest, disturb, meddle with, or take or carry away any property of such company, or any property in course of transportation thereon, without permission from the proper agents or servants of the company operating said railway; or shall in any manner interfere with or disturb any passenger or traveler in or about such depot, platform or grounds, or other person having lawful business to transact there, shall in either case be guilty of a misdemeanor and be fined not less than three dollars, nor more than one hundred dollars. Sec. 49. Minors to keep Off cars, etc. Any minor or other- person who shall climb, jump, step, stand upon, cling to, or in any way attach himself to any locomotive, engine or car, either station¬ ary or in motion, upon any part of the track of any railroad, unless in so doing, he shall be acting in compliance with law, or by per¬ mission under the lawful rules and regulations of the corporation then owning or managing such railroad, shall be fined not less than three dollars and not exceeding twenty dollars. Sec. 50. Billboards—When a nuisance. Whoever shall erect, keep or maintain any bill-board for advertising upon in any public ground or place, or upon any private premises adjacent to any side¬ walk, street or footway, the same being so erected as to occasion danger or inconvenience to the public, shall be deemed guilty of a nuisance, and be fined not less than five dollars, nor more than twenty dollars. 94 REVISED ORDINANCES Sec. 51. Attempt to commit offense. Whoever attempts to commit any offense prohibited by ordinance, and does any act toward it but fails, or is intercepted or prevented in its execution, where no express provision is made by ordinance for the punishment of such attempt, shall, on conviction of such attempt, be subject to the same penalty as by ordinance prescribed for the actual commis¬ sion of the offense. Sec. 52. Accessories, etc Whoever aids, abets, assists, ad¬ vises, or encourages the commission of any act prohibited by ordi¬ nance, or by any indirect means procures any such offense to be committed, or whoever commits an offense through the intervention of an agent, servant, employe or person under his control, shall be deemed guilty to the same extent, and may be proceeded against in the same manner as though said offense had been committed by him directly and with his own hand. And any such agent, servant or other person doing any prohibited act for and on behalf of another shall be deemed guilty of such act equally with his employer or principal, and be subject to the same penalty, except in such cases where a different or other penalty is provided by ordinance for such agent or employe. Sec. 53. Prostitutes loitering on streets, etc. Any lewd woman or prostitute who shall in any manner ply her vocation upon the streets, alleys, public places or parks of said city by loitering or in any manner soliciting to acts of lewdness, or who shall be found loitering on the streets during the night time, shall, upon conviction, be fined in any sum not less than three dollars, nor more than one hundred dollars for each offense. Sec. 54. Dangerous sports, kite flying, etc. No boy or oth¬ er person, shall, in the inhabited part of the city, use or drive any hoop, or play with any ball, or use any bow and arrow, or raise and fly any kite or smoke or fire balloon, or fire, explode or set off any fire arms, fire balls, fire crackers, torpedoes, rockets, or other fire works, or shall otherwise pursue any amusement or exercise calcu¬ lated to impede travel or frighten animals, or injure or annoy persons passing along the streets or sidewalks, under a penalty not exceeding five dollars in each case. Sec. 55. Voting illegally, etc. — Penalty. Any person who shall illegally vote at any election within said city, or, being a legal OF TIIE CITY OF MT. PULASKI. 95 voter, shall vote or attempt to vote a second time at the same elec¬ tion, or shall knowingly vote or attempt to vote more than one ticket at such election, unless as otherwise provided by statute, shall in each case be subject to a penalty of not less than twenty- live dollars, nor more than two hundred dollars. Sec. 56. Encouraging illegal voting—Penalty. Whoever shall, within said city, aid, abet or encourage any person to vote or attempt to vote illegally, at any election, shall be subject to a fine of not less than twenty-five dollars, nor more than two hundred dollars for each offense. Sec. 57. Misbehavior of judge or clerk of election—Penalty. Any judge or clerk of any city election who shall knowingly receive any illegal vote, or shall knowingly permit any person to vote more than one ballot, or shall be guilty of any fraud, corruption or par¬ tiality, or misbehavior in the discharge of his duties as such judge or clerk, or shall knowingly neglect or refuse to discharge or per¬ form any duties legally required of him as such judge or clerk, shall be subject to a penalty of not less than twenty-five dollars, nor more than two hundred dollars for each offense. Sec. 58. Judge or clerk taking liquor to polls to give away — Penalty. Any judge or clerk who shall take for the purpose of using or giving away, any intoxicating or malt liquor to the polls or place of voting at any election held within said city, shall be subject to a penalty of not less than ten dollars, nor more than fifty dollars for each offense. Sec. 59. Trespassing upon school property—Penalty. No person shall go upon, into, pass through or over any property or premises used for school purposes, within said city, under a penalty of not less than three dollars, and not more than twenty dollars: Provided, that this section shall not be so construed as to apply to children while attending school, or teachers, janitors and such oth¬ er persons as may go upon such property or premises for the trans¬ action of any lawful business. Sec. 60. Trespassing in cemetery—Penalty. Whoever shall carry away or remove or shall wilfully, maliciously or negligently break, destroy or otherwise injure any monument, tombstone, tree, shrub, flower, railing, fence or other property, article or thing be¬ longing to any cemetery or burial ground within the city, or to the 96 REVISED ORDINANCES owner of any lot therein, or placed or erected therein for ornament or otherwise, or shall trespass upon or maltreat any grave or tomb therein, shall be subject to a fine of not less than five dollars, nor more than one hundred dollars, and in addition thereto, the expenses which may be necessary to repair the injuries committed shall be added to the penalty and included in the judgment. Sec. 61. Removing corner stone—Penalty . Any person who shall wilfully or heedlessly change, remove or destroy any stone, stake or post, set or placed to mark the corner of any lot or parcel of ground, street or alley, or to show the grade of any street, alley or sidewalk of the city, shall, on conviction, be fined not less than five dollars, nor more than fifty dollars for each offense. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. OF THE CITY OF MT. PULASKI. 97 CHAPTER XXII. NUISANCE. Section 1. £ £ 2. ££ 3. i ; 4. i i 5. £ £ 6. £ £ 7. £ £ 8. £ £ 9. £ £ 10. £ i 11. £ £ 12. £ £ 13. £ £ 14. £ £ 15. £ £ 16. £ t 17. £ £ 18. £ £ 19. £ £ 20. Pens and stables. Accumulation of manure—A nuisance. Suffering premises to become foul. Foul liquors, etc. Dead animals. Removal of dead animals. Trap doors, grating, etc. Operating slaughter houses, etc., in offensive man¬ ner. Stagnant water. Dilapidated buildings. Ordinance for abatement. Notice to owner—Building to be destroyed. Report of cost of abatement—Suit against owner. Penalty for not obeying notice. Building in danger of falling. Duty of mayor. Dangerous scaffolds, etc. Duty of police—Notice—Cost of abatement, etc. Where owner or author of nuisance is unknown or cannot be found. Not to erect any stable, etc., near any street, etc. Section 1 . Pens and stables. Be it ordained by the city council of the city of Mt. Pulaski: That any pen, stable, lot, place or premises in which any animal or poultry may be kept or confined, and which shall become nauseous, foul or offensive or from any cause become an annoyance to the neighborhood or any family or person, shall be deemed a nuisance. And rhe owner or keeper of any such animals or poultry, or the owner or occupant of such premises, who, upon being notified by any police or other officer of 98 REVISED ORDINANCES said city to abate, remedy or remove such nuisance, within a time to be specified in said notice shall neglect or refuse so to do, within the time specified, shall be fined not less than three dollars, nor more than one hundred dollars, and he shall be subject to a like pen¬ alty for each day he shall suffer or permit such nuisance to remain after the expiration of the time fixed by said notice for the abate¬ ment of the same. Sec. 2. Accumulation of manure—A nuisance. Whoever shall suffer to accumulate on any premises owned or controlled by him any heap or stack of manure in such manner as to emit noxious, disagreeable or offensive smells, to the annoyance of any person or family, or whoever shall place any such manure upon any public street, alley or common, shall be deemed guilty of a nuisance. And if such person upon being notified by any police or other officer of said city to abate or remove such nuisance, within a time to be spec¬ ified in such notice, shall neglect or refuse so to do, he shall be fined not less than three dollars, nor more than fifty dollars, and he shall be subject to a like penalty for each day he shall suffer or permit ■such nuisance to remain after the expiration of the time fixed by the said notice for the abatement of the same. Sec. 3. Suffering premises to become foul. Whoever shall suffer or permit any cellar, vault, drain, pool, privy, sewer, yard, grounds or premises owned, occupied or controlled by him, to be¬ come from any cause nauseous, foul or offensive, or injurious to pub¬ lic health, or unpleasant and disagreeable to adjacent residents, or to any person passing along any street or alley near the same, shall be deemed guilty of a nuisance; and if such person, upon being noti¬ fied by any police or other officer to abate, remedy or remove such nuisance, within a time to be specified in said notice, shall neglect or refuse so to do, he shall be fined not less than three dollars, nor more than one hundred dollars; and he shall be subject to a like penalty for each day he shall suffer or permit such nuisance to re¬ main after the expiration of the time fixed by said notice for the abatement of the same. Sec. 4. Foul liquors, etc. Whoever shall place, deposit, throw, leave or permit to remain, or shall cause or permit to flow, liquid, slops, animal or vegetable matter or substance of any kind, which is, or is likely to become rotten, foul, nauseous, putrid or offensive, OF THE CITY OF MT. PULASKI. 99 in or upon any premises owned, controlled or occupied by him, or into or upon any adjacent premises, or upon the premises of another person, or into any street, alley or common, shall be guilty of a nuisance, and shall be fined not less than three dollars, nor more than one hundred dollars. » Sec. 5. Dead animals. Whoever shall knowingly suffer any dead animal belonging to him or under his control to remain within said city, or within one-half mile from the limits thereof, so as to be, or likely to become offensive in any manner to any person, shall be deemed guilty of a nuisance, and shall be fined not less than three dollars, nor more than one hundred dollars. Sec. 6. Removal of dead animals. Any person removing any dead animal, who shall purposely or unnecessarily cause the same to be offensive or annoying to any other person, shall be subject to a penalty of not less than three dollars, nor more than one hundred dollars; and no animal shall be buried within the corporate limits of said city under a penalty of not less than three dollars, nor more than one hundred dollars. Sec. 7. Trap doors, grating , etc. Whoever shall keep or leave open, or suffer to be left or kept open, any cellar door, or trap door, or the grating of any vault, in or upon any sidewalk, street or alley, shall be deemed guilty of a nuisance, and shall be fined not less than three dollars, nor more than one hundred dollars. Sec. 8. Operating slaughter houses, etc. in offensive man¬ ner. Whoever shall conduct, keep, maintain or operate any slaugh¬ ter house, packing house, soap factory, tallow chandlery, bone fac¬ tory or other establishment for rendering lard, tallow, offal, dead animals, or other substance of a like nature, within the limits of said city, or within one mile of said limits, in such a manner that the said premises shall become foul or offensive, or shall emit or give out bad, offensive or unwholesome smells or odors, to the annoyance or detriment of any community, family or person, shall be deemed guilty of a nuisance. And if such person, upon being notified by any police or other officer of said city, to renovate or cleanse said premises, or to abate, remedy or remove such nuisance, within a time to be specified in said notice, shall neglect or refuse so to do, he shall be fined not less than five dollars nor more than one hun¬ dred dollars; and he shall be subject to a like fine for each day he 100 REVISED ORDINANCES shall suffer or permit such nuisance to remain after the time fixed in said notice for the abatement of the same. Sec. 9. Stagnant water. Any lot or premises upon which stagnant water may be standing, and which is, or is likely to be¬ come foul and offensive to any person residing near the same, or to persons passing by the same, is hereby declared a nuisance. And the owner, occupant or person having control of such lot or premi¬ ses, who shall not abate, remedy or remove such nuisance when no¬ tified so to do by the marshal or other police officer of said city, within the time in such notice specified, shall be deemed guilty of a ■nuisance, and be fined not less than three dollars nor more than one 'hundred dollars; and he shall be subject to a like penalty for each day he shall permit such nuisance to remain after the expiration of the time fixed in said notice for the abatement of the same. Sec. 10. Dilapidated buildings. Any wooden building or nvooden part of any building which may be situated within thirty feet of any contiguous building, and which may be in danger of be¬ coming on fire or setting on fire any contiguous building, by reason of being dilapidated, out of repair or untenantable, or by reason of any fireplace, grate, stovepipe, furnace or chimney, or any other struc¬ ture or apparatus therein used or intended to be used for the pur¬ pose of holding, conducting or securing any fire, being insufficient -or being improperly or insufficiently secured, is hereby declared a .nuisance. "Sec. 11. Ordinance for abatement. When any such building or part of a building shall be reported to the city council, the same shall be referred to the appropriate committee, who shall examine such building or part of a building, and report the condition there¬ of; and if the city council shall be satisfied that such building is within thirty feet of any contiguous building, or in danger of be¬ coming on fire or setting fire to any contiguous building, by reason of any of the causes mentioned in the last preceding section, they may, by the passage of an ordinance, declare such building or part of building to be a nuisance, stating the cause thereof, and require the owner or occupant of such building or part of a building, or other person liable therefor, to remove such building without the city limits, or to make good and properly secure any such fire-place, grate, stove, stovepipe, furnace or chimney or other structure or OF THE CITY OF MT. PULASKI. 101 apparatus in such building or part of building, used or intended to be used for the purpose of holding, conducting or securing any fire, or require him, her or them otherwise to abate such nuisance within such time as they may deem necessary. Sec. 12. Notice to owner—Building- to be destroyed. The mayor shall, without delay, after the passage of such ordinance as mentioned in the last preceding section, make out, sign and deliver to the marshal a notice containing a copy of such ordinance, directed to the owner of such building or part of a building, requir¬ ing him to remove the same, or to make good and properly secure such fire-place, grate, stove, stovepipe, furnace or chimney, or other structure or apparatus therein, used or intended to be used as afore¬ said, in compliance therewith. The marshal shall, without delay, serve such notice upon the owner of such building or part of build¬ ing, or his agent, and the person in actual occupancy thereof, if any, retaining a copy thereof; but if the owner is a non-resident of the city and has no known agent residing in the city, the mayor shall send the notice to him by mail, directed to him at the postoffice at which he usually receives his letters, if known, retaining a copy thereof. If no owner or agent can be found in the city, and the owner’s place of residence is unknown, or if the owner is unknown, the mayor shall cause the ordinance to be published at least twice in the newspaper publishing the ordinances of the city, which shall be deemed sufficient notice to all persons. If any such building or part of a building shall not be removed, or such fire-place, stove, grate, stovepipe, furnace or chimney, or other structure or appara¬ tus therein, used or intended to be used as aforesaid, shall not be made good and properly secured, in compliance with such notice, at the expiration of the time named therein, the mayor shall order the city marshal to tear down or move such building or part of a build¬ ing, or so much thereof as may be necessary, or in some other man¬ ner to remedy such danger and abate such nuisance. Sec. 13 . Report of cost of abatement—Suit against owner . The marshal shall, without delay, execute the order of the mayor, and shall report the costs of so doing, upon oath, to the city coun¬ cil, and the same may be collected of the owner of the building or the occupant thereof, or any person liable therefor, by suit in the name of the city, before any court having jurisdiction. 102 REVISED ORDINANCES Sec. 14. Penalty for not obeying notice. Any owner of any such building, who shall, when notified so to do, neglect or refuse to remove the same, or any such owner or any occupant thereof who shall neglect or refuse to make good or perfectly secure any such fire-place, grate, stove, stovepipe, furnace or chimney, or other ■structure or apparatus therein, used or intended to be used as afore¬ said, or otherwise to abate such nuisance in compliance with such snotice, shall be subject to a penalty of not less than twenty dollars .and not exceeding one hundred dollars. Sec. 15. Buildiug in danger of falling. Any building or erection, or part thereof, which shall be in danger of falling, or otherwise in such condition as to endanger the safety of persons passing under or near the same, or residing adjacent thereto, or to endanger any property contiguous thereto, is hereby declared to be a nuisance. Sec. 16. Duty Of mayor. When knowledge of any such dan¬ gerous building or erection shall come to the mayor, he shall, with¬ out delay, summon three disinterested citizens of the city, who ■shall with him inspect such building or erection, and if they, or a majority of them, shall be of the opinion that the same endangers the safety of persons passing under or near the same, or residing adjacent thereto, or any property contiguous thereto, the mayor shall, without delay, notify or cause to be notified the owner or per¬ son having charge of such building or erection forthwith to remove, demolish or otherwise secure the same, or such part thereof as may be necessary; and upon his failing or refusing to comply with such notice, the mayor shall, without delay, cause such building or erec¬ tion, or such part thereof as may be necessary, to be removed, de¬ molished or otherwise secured, so as to be safe and harmless, and the owner of such building or erection, or person having charge of the same, who shall fail or refuse to comply with such notice, shall be subject to a penalty of not less than twenty dollars and not ex¬ ceeding one hundred dollars; and the cost of removing, demolishing or securing such building or erection shall be reported to the city council by the mayor, and the same may be collected of the owner of such building or erection, or person having the same in charge, by suit in the name of the city, before any court having jurisdiction. Sec. 17. Dangerous scaffolds , etc. All scaffolds or other OF THE CITY OF MT. PULASKI. 103 erections used in the erection of any building shall be made secure and sufficiently wide to insure the safety of persons working there¬ on or passing under the same, against the falling thereof, or of ma¬ terial placed thereon. Any scaffold or other erection which may be otherwise constructed shall be deemed a nuisance, and whoever shall construct or use any such insecure or dangerous scaffold or other erection shall be subject to a penalty of not less than ten dol¬ lars and not exceeding one hundred dollars; and upon his refusal to remedy or remove the same forthwith, when required by the mayor or any police officer, the officer shall cause the same to be done, and the costs of such removal or remedy shall be collected of the owner or builder, or person having control thereof, and recovered by suit in the name of the city, before any court having jurisdiction. Sec. 18. Duty of police—Notice—Cost of abatement , etc . When any nuisance, or anything likely to become a nuisance, shall be found by the city marshal, policeman, member of the board of health or other officer of said city, or if such nuisance shall be re¬ ported to them or either of them, it shall then be the duty of the city marshal to serve; or cause to be served, a notice upon the own¬ er, tenant or occupant of the premises where such nuisance exists, or the author of the same, thereby notifying him to abate, remedy or remove the same within a certain time, to be specified in said notice, which shall not be less than twelve hours nor more than thirty days, owing to the nature or character of the nuisance com¬ plained of. In case the person so notified shall not comply with said notice, the marshal or any police officer of said city shall enter upon the premises where such nuisance exists, and abate, remedy or remove the same, and shall forthwith bring suit against such person, in the name of the city, for the penalty incurred by the vio¬ lation of this chapter, or any section thereof; and the costs of the abatement or removal of such nuisance may also be recovered with the penalty, or by a separate suit, in the name of the city, before any court having jurisdiction. Sec. 19. Where owner or author of nuisance is unknown or cannot be found. When any nuisance, or anything likely to become a nuisance, is found upon any premises, and the owner, tenant or occupant of said premises, or the author or cause of such nuisance, cannot be found or is unknown, the city marshal or any police officer of said city shall forthwith enter upon said premises 104 REVISED ORDINANCES and abate, remove such nuisance. The city marshal shall report to the city council the cost and expense of the abatement of such nui¬ sance, and a suit to recover the amount thereof shall be instituted in the name of the city against the owner or occupant of said prem¬ ises or against the author of such nuisance in any court of compe¬ tent jurisdiction where he shall be found. Sec. 20. Not to erect any stable, etc., near any street, etc,. It shall be unlawful for the owner of any lot, part of lot or parcel of land within the city to erect, build or locate thereon any stable, pig-sty or privy nearer than twenty feet to any street, avenue, park or public ground in said city. Any person who shall violate the provisions of this section shall be fined in any sum not less than three dollars, nor more than fifty dollars. Passed the 5th day of April A. D. 1897 Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk OF THE CITY OF MT. PULASKI. 105 Section 1. “ 2 . 3. “ 4. “ 5. “ 6 . “ 7. “ 8 . “ 9. “ 10 . “ 11 . “ 12 . “ 13. “ 14. “ 15. “ 16. “ 17. “ 18. “ 19. “ 20 . “ 20 ±. “ 204 . “ 21 . “ 22 . “ 23. “ 24. “ 25. “ 26. “ 27. “ 28. “ 29. “ 30. “ 31. CHAPTER XXIII. OFFICERS. Officers appointed. Oath of office. Official bond. Sureties—City attorney to prepare bond—New bond. Commissions. Officers to pay money over. Salaries payable—When. Record of city open to inspection. Officers absent. Removal or absence from city. Liability of officers for damage. Duties of city attorney. Fees and salary of city attorney. Duties of city treasurer. Duties of city treasurer, continued. Duties of city treasurer, continued. City treasurer to keep money separate. Annual account, etc. How warrants drawn, to be signed, etc. Special funds. Duty of city clerk. Fees and salary of city clerk. Duties of street commissioner. Powers and duties of street commissioner. Duties of street commissioner, continued. Duties of street commissioner, continued. Powers and duties of city marshal. Marshal not to perform other duties, etc. Fees and salary of city marshal. Powers and duties of police magistrate. Duties and reports of police magistrate. Fees and salary of police magistrate. Powers and duties of night watchman. 106 REVISED ORDINANCES 32. Fees and salary of night watchman. 33. Retiring officers to deliver papers, etc., to successors. —Penalty. */ 34. Contracts—How let. 35. Salary of mayor and alderman. 36. No officer to be interested in any contract. Section l. Officers appointed. Be it ordained by the city council Of the city Of Alt. Pulaski: That there shall be appointed annually by the mayor, with the approval of the. city council, the following city officers, viz: A city marshal and such members of police as the city council may by resolution deem necessary and ex¬ pedient; a night watchman, superintendent of the water supply de¬ partment, street commissioner, sexton and city collector. Sec. 2. Oath of office. All officers whether elected or appoint¬ ed. shall before entering upon the duties of their respective offices, take and subscribe the following oath or affirmation: “I do solemnly swear (or affirm as the case may be) that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of..according to the best of my ability.” Sec. 3. Official bond. All officers, whether elected, or ap¬ pointed, (except aldermen) shall, before entering upon the duties of their respective offices, execute a bond, with security to be approved by the city council, payable to the city of Mt. Pulaski, in such penal sum as may by resolution or ordinance be directed, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by such officer, according to the law and the ordinances of said city: Provided, However, that in no case shall the mayor’s bond be fixed at a less sum than three thousand dollars, nor shall the treasurer’s bond be fixed at a less sum than the amount of the estimated tax and special assessments for the current year; which bonds shall be filed with the clerk (except the bond of the clerk, which shall be filed with the treasurer.) Sec. 4. Sureties—City attorney to prepare bond—New bond. No member of the city council or officer of the city shall be received as surety on the official bond of any city officer hereby created and provided for, and herein required to execute bond as -city officer. All official bonds shall be drawn by the city attorney^ OF THE CITY OF MT. PULASKI. 107 or submitted to him after being drawn up, for his approval of the form thereof, and shall then be submitted to the city council for their approval, which, when given, the city clerk shall certify thereon, and shall file and preserve the same in his office (except the bond of the city clerk, which shall be filed with the city treas¬ urer.) The city council may at any time require a new bond to be executed by any city officer, if from any cause they shall deem the old bond insufficient, or the securities thereon; but the execution of such new bond shall not in any manner affect any liability, loss or damage incurred under the old bond, or release the sureties from any liability incurred thereon. All bonds or contracts shall be written or printed, or partly both, in a plain and legible manner. Sec. 5. Commissions. All officers (except the clerk, aldermen and mayor) shall be commissioned by warrant, under the corporate seal, signed by the clerk and mayor or presiding officer of the city council. The mayor shall issue a certificate of appointment or elec¬ tion, under the seal of the city, to the clerk thereof, and any per¬ son having been an officer of the city shall, within five days after notification of the election or appointment of his successor and his qualification, deliver to him all effects of every description in his possession belonging to the city, or appertaining to his said office, and upon his refusal to do so shall be liable for all damages caused thereby, and shall be subject to a penalty of not less than twen¬ ty-five dollars, and not exceeding two hundred dollars. Sec. 6. Officers to pay money over. All officers collecting or receiving any money on account of the city shall pay the same, as fast as collected, into the city treasury in the same kind of funds as received by them, and shall, on the fourth Tuesday of each month, report to the city council an accurate statement of all moneys re¬ ceived by them for the preceding month, specifying the amount, from whom and what account received. No officer shall retain any money received or collected by him toward the payment of any sal¬ ary or fees which may be coming to him from the city, but shall pay the same into the treasury. Any officer violating any provision of this section shall be subject to a penalty of not less than ten dol¬ lars, and not exceeding two hundred dollars. Sec. 7. Salaries payable—When. The salaries of the city pfficers, unless otherwise specially provided, shall be payable month- 108 REVISED ORDINANCES ly, on the fourth Tuesday of each month, and they shall present their accounts to the city council for adjustment or payment, but no warrant shall be drawn in favor of any officers for his salary un¬ til he shall have filed his report as herein required, nor shall any warrant in any case be drawn in favor of any officer who shall be in default or arrears with the city. Sec. 8. Record of city open to inspection. The records, books and papers pertaining to any city officer shall, at all reason¬ able times be subject to the inspection and examination of the may¬ or, the city council or any of its committees, or any person inter¬ ested in the same; and all city officers shall, when requested, give all the information in their power pertaining to their respective offices, to the city council or any of its committees, or any other department of the city government. Sec. 9. Officers absent. When any particular officer required by ordinance to execute any particular duty, shall be absent, or in¬ competent, or otherwise unable to discharge such duty, the mayor or mayor pro tem. may assign the discharge of such duty to some other officer, and such officer shall act in such case with the same power and authority as is specially named in the ordinance. Sec. 10. Removal or absence from city. If any city officer shall remove from the city, or absent himself therefrom for one month without permission of the city council first had and obtained, his office shall be vacant. Sec. 11. Liability of officers for damage. All officers shall be liable to the city for all loss or damage which may arise from neg¬ ligence or willful misconduct in the discharge of any official duty, and the city council may, in its discretion, by order, withhold the salary of any such officer, in order to secure the city from loss. And if any officer shall fail, neglect or refuse to discharge or per¬ form any duty required of him, the mayor may employ or appoint some competent person to perform such duty, and the costs and ex¬ penses of doing the same shall be charged to such officer and de¬ ducted from his salary, or if his salary shall be insufficient to pay the same, they may be collected from him and recovered by suit in the name of the city, before any court having jurisdiction. Sec. 12. Duties Of city attorney. It shall be the duty of the city attorney to prosecute all suits for the recovery of fines and pen- OF THE CITY OF MT. PULASKI. 109 alties, before any court, for the violation of any of the laws or ordi¬ nances of said city, to furnish his written opinion upon any legal question submitted to him for such opinion by the city council, and to attend all meetings of said council, when requested so to do; and he shall also make any reports concerning any suits to which the city may be a party, whenever, directed so to do by the council. He shall also conduct all suits brought against the city or any of its officers whenever called upon so to do. Sec. 13. Fees and salary of city attorney. The city attorney may charge and receive for his services a reasonable compensation for all services rendered. Provided, That in the first trial of actions before the police magistrate or any justice of the peace for the recovery of any line due the city for a violation of any ordi¬ nance, he may charge and receive for each conviction, and in lieu of all other compensation therefor, the sum of three dollars where the fine assessed is less than ten dollars, and five dollars where the fine assessed is ten dollars or more, said fee to be assessed and collected as other costs, and if not so collected to be paid out of the city treasury from any money not otherwise appropriated. Provided, Further, that in all cases where a plea of guilty is entered by parties arrested without a warrant issuing therefor, no attorney fee shall be charged except as hereinafter provided. In all cases where the party arrested without warrant fails to promptly enter the plea of guilty, and makes necessary the filing by the city attorney of a statement of the offense charged, notwithstanding any plea of guil¬ ty that may thereafter be entered, the city attorney shall receive the sum of one dollar to be collected as costs in the manner afore¬ said. Sec. 14. Duties Of city treasurer. The city treasurer shall receive all moneys belonging to the corporation and shall keep all accounts pertaining to the finances of the city, either by single or double entry, as the city council may direct, and shall, if the coun¬ cil require it, keep a daybook, journal and ledger, and such other books as they may direct. He shall keep a detailed and specific ac¬ count of the revenues of the city, keeping an account with each separate fund, crediting the same with albproper credits, and charg¬ ing it with all appropriations and moneys paid therefrom. He shall keep an accurate account of all debts due the city or owing to it, and shall keep a bill book in which he shall keep a correct list of no REVISED ORDINANCES all bonds, notes or other obligations given by or payable to the city, with the date thereof, the person to whom payable or by whom ow¬ ing, the rate of interest, the time and manner in which the princi¬ pal and interest are payable, and such other particulars as may be necessary to a full understanding thereof. f Sec. 15. Duties of city treasurer, continued. The city treas¬ urer shall keep an accurate account with all city officers, and all others collecting or receiving any moneys, property or claims on account of the city, charging them with all moneys, property or claims re¬ ceived by them, and crediting them with all moneys paid into the treasury, also with all accounts or claims uncollected with which they may have been charged, and with such other proper credits as they may be entitled to upon the filing of proper vouchers. And said treasurer shall give every person paying money into the treas¬ ury a receipt therefor, specifying the date of payment and upon what account paid, and shall also file copies of such receipts with the clerk, who shall file and carefully preserve the same. Sec. 16. Duties of city treasurer, continued. The treasurer shall at the end of each and every month, and oftener if required, render an account to the city council, showing the state of the treasury at the rendering of such account, and the balance of mon¬ ey in the treasury. He shall also accompany such account with a statement of all moneys received into the treasury and on what ac¬ count, together with all warrants redeemed and paid by him, which said warrants, with any and all vouchers held by him, shall be delivered to the clerk, and filed with his account in the clerk’s office. Upon every day of such settlement he shall return all war¬ rants paid by him, stamped and marked paid. He shall keep a register of all warrants redeemed and paid, which shall describe such warrants and show the date, amount, number, the fund from which paid, the name of the person to whom and when paid. Sec. 17. City treasurer to keep money separate. The city treasurer shall keep all money belonging to the corporation, in his hands, separate and distinct from his own money, and is hereby ex¬ pressly prohibited from using either directly or indirectly the cor¬ poration warrants or money in his custody and keeping for his own use and benefit, or that of any other person or persons whatsoever; and any violation of this provision shall subject him to immediate OF THE CITY OF MT. PULASKI. Ill removal from office by the city council, as is by ordinance provided for under the statutes. Sec. 18. Annual account, etc. The treasurer shall annually, between the first and the tenth day of April, make out and file with the clerk a full and detailed account of all receipts and expendi¬ tures and all his transactions as such treasurer during the preceding fiscal year, and shall show in such account the state of the treasury at the close of the fiscal year, which accounts the clerk shall cause to be published immediately in a newspaper printed in said city, if there be one, and if not, then by posting the same in a public place in the city council chamber. Sec. 19. How warrants drawn, to be signed, etc. All war¬ rants drawn upon the treasurer must be signed by the mayor and countersigned by the clerk, and state the particular fund or appro¬ priation to which the same is chargable, and no money shall be otherwise paid than upon such warrants so drawn except as other¬ wise specially provided. Sec. 20. Special funds . All moneys received on any special assessment shall be held by the treasurer as a special fund, to be applied to the payment of the improvement for which the assess¬ ment was made, and said money shall be used for no other purpose whatever, unless to reimburse said corporation for money expended for such improvement. Said treasurer shall perform and do all other duties required of him by ordinance or by the city council. Sec. 20^. Duty Of city clerk. The city clerk shall keep the corporate seal provided under the direction of the city council, and all papers belonging to said city. He shall attend all meetings of the city council, and keep a full record of its proceedings in a jour¬ nal provided therefor; the copies of all papers filed in his office, and transcripts from the journals and other records and files of his office, certified by him under the corporate seal shall be evidenced in all courts in like maner as if the originals were produced. The city clerk shall file and preserve the originals of all ordinances in his office, and he may correct any error in the numbering of any chapter or section of any ordinance and insert the proper numbers; and he may omit words inserted erroneously, or supply with brack¬ ets words omitted by clerical mistake. He shall attend to the printing of all ordinances requiring publication, or ordered to be 112 REVISED ORDINANCES published, and read the proof sheets thereof, and see that they are correctly printed and published. The said clerk shall record in a book to be kept for that purpose all ordinances passed by the city council, and at the foot of the records of each ordinance so recorded, shall make a memorandum of the date of the passage, and of the publication and posting of such ordinance, which record or memo¬ randum or a certified copy thereof, shall be prima facie evidence of the passage and legal publication or posting of such ordinances, for all purposes whatsoever. The clerk shall, in addition to the duties herein specified, do and perform all other duties which may be required of him by ordinance or by the city council. (As amend¬ ed by ordinance passed and approved the 22nd day of April, 1897.) Sec. 20-J-. Fees and salary of city clerk. The city clerk may charge and receive the following fees, to-wit: For copies or exem¬ plification of any record of his office, twenty-five cents for each one hundred words; for certificate of authentication under the corporate seal, twenty-five cents; for keeping the minutes and making up the journal of the city council, and recording the .same, twenty-five cents for each one hundred words; for keeping any record, twenty- five cents for each one hundred words; for any official certificate without the corporate seal when not required for public use, twenty- five cents; for administering an oath, and attesting the same, when not done for the use of or on account of the city and not including claims against the city, twenty-five cents; for each license issued by him when the amount of license is two dollars or less, the sum of twenty-five cents; when the amount of the license is not over five dollars and not less than two dollars, fifty cents; when the amount of the license is over five dollars, one dollar; and the sum of twenty- five cents for certifying the consent of the city council to the as¬ signment, transfer or change of time or place of business of anv license to be paid by the person obtaining such license or hav¬ ing the same certified or transferred. The city clerk may also charge and receive one dollar for each meeting of the city council that he shall attend. (As amended by ordinance passed and ap¬ proved the 22nd day of April, 1897.) STREET COMMISSIONER. Sec. 21. Duties of street commissioner. The city street com-' missioner shall superintend all improvements upon the streets and OF THE CITY OF MT. PULASKI. 113 alleys and roads of said city, ordered by the city council, and make all necessary repairs thereof; but no improvements or repairs, ex¬ cept such as may be absolutely necessary, shall be made without the order of the committee on streets and alleys; he shall without delay cause all breaks in any bridge, culvert, apron or street crossing, or other insecure or unsafe place to be repaired. He shall as early in the spring of each year as may be practicable, cause the streets and alleys where needed to be cleansed and the gutters to be opened; and he shall as far as practicable keep them in that conditon during the year. He shall from time to time ex¬ amine into the condition of the streets and alleys, bridges, cul¬ verts, crossings and sidewalks and report the same to the commit¬ tee on streets and alleys and recommend such improvements and repairs thereon, as he may deem needed. Sec. 22. Powers and duties of street commissioner. Said street commissioner may by authority of the committee on streets and alleys, when the street labor shall be insufficient for keeping the streets in repair, employ such laborers and carts and teams as may be deemed necessary by the city council, and at such prices as may be fixed by the committee on streets and alleys. He shall oversee the street laborers and require them to labor faithfully. He may by order of the committee on streets and alleys procure the necessary implements for performing street labor, or materials for bridges, culverts, cross-walks, and when so directed, for sidewalks. Sec. 23. Duties of street commissioner, continued. He shall keep an accurate account of all expenditures made under his direc¬ tion or supervision. He shall keep a correct list of all implements, materials or other property of the city, that may be in his keeping, and shall deliver the same to his successor in office, taking his re¬ ceipt therefor which he shall file with the city clerk, who shall credit him with the same, and charge his successor therewith. When he shall purchase any implements on account of the city he shall immediately report the same to the city clerk who shall charge the same to the said street commissioner. He shall cause all the tools and implements belonging to the city to be legibly marked or branded with the letters “Mt. P.” Sec. 24. Duties of street commissioner, continued. The street commissioner shall examine all accounts of contractors and 114 REVISED ORDINANCES others for work pertaining to liis department or for implements or materials furnished therefor, and if correct he shall certify the same to the city council. He shall also cause all ordinances in relation to the streets, alleys and roads and sidewalks, to be enforced, and shall prosecute all violators thereof; and he shall do and perform such other and further duties as may be required of him by ordi¬ nance or by the city council. CITY MARSHAL. Sec. 25. Powers and duties of city marshal. The city mar¬ shal shall have the same power to make arrests, execute process, and perform other official acts, as other marshals under the general laws of this state, and he shall execute all writs or process for the breach of any ordinance of the city, collect all fines, forfeitures and penalties which may accrue to the said city. The city marshal shall cause all the ordinances to be observed as far as possible. When any violation of law or of an ordinance shall come to the knowledge of said marshal, or shall upon good authority be reported to him, he shall without delay cause the proper complaint to be made before the police magistrate and have the proper witnesses sum¬ moned or evidence secured for the successful prosecution of the of¬ fender, and he shall arrest without process any person who shall be found in the act of violating any ordinance of the city, and take him or her forthwith before the police magistrate for examination; and, if necessary the said marshal may detain him or her over night of Sunday, until he or she can be brought before said police magis¬ trate for such examination. And said marshal shall perform such other and further duties as may be required of him by ordinance or by the city council. Sec. 26. Marshal not to perform other duties, etc. The city marshal shall in no case perform any business pertaining to the office of marshal or transact any business outside of the city limits other than such business as he may be so ordered or permit¬ ted to do by the said city council, and shall not engage in any bus¬ iness which will interfere in any way with his official duties. Sec. 27. Fees and salary of city marshal. The city marshal shall receive a salary of thirty-five dollars per month and receive in addition thereto in all cases where the city is successful the follow¬ ing fees, to-wit: For arresting any person without a warrant and OF THE CITY OF MT. PULASKI. 115 returning a memorandum of the same, fifty cents; for serving any warrant, fifty cents; for taking any person to jail when committed, fifty cents; for summoning jury, one dollar; for attending trial, in each case, fifty cents; for serving and returning each summons, thirty-five cents; for advertising property for sale, fifty cents; ten per cent commission on all sales not exceeding ten dollars and five per cent on the excess thereof; for taking recognizance, fifty cents; for serving and returning execution, fifty cents; for serving and re¬ turning subpoena, twenty-five cents for each person served. He shall be allowed the same mileage for serving warrants, summons- es, subpoenas and other process as constables in counties of the . first and second class, all of said fees and commissions to be as¬ sessed and collected as other costs. sec. 28. Powers and duties of police magistrate. The police magistrate shall have his office for the term of four years and until his successor shall be duly elected and qualified. He shall be com¬ missioned by the governor as is provided by statute and shall give bond and qualify as other justices of the peace, and as by ordinance provided; and he shall have the same jurisdiction and exercise the same powers conferred upon other justices of the peace by the laws of the state, and he shall have exclusive jurisdiction in all cases arising under the ordinances where the amount claimed does not exceed two hundred dollars: Provided, that the venue may be changed from said police magistrate as provided by statute; and Provided, Further, that in case of the absence or inability of the police magistrate to act, then any and all actions arising under the ordinances of said city, may be instituted and prosecuted before any other justice of the peace of Logan county. Sec. 29. Duties and reports of police magistrate. The police magistrate shall report to the city council every month, the amount of all fines and other moueys collected by him, belonging to said city, during the preceding month, and he shall pay the same at the time of making such report to the city treasurer, taking duplicate receipts therefor, one of which shall be attached to his said report and the other by him retained. An annual report shall be made in writing, stating the amount of all fines, forfeitures, and other moneys collected by him, belonging to said city, during the year; and if, on examination, the city council shall find such report to be correct, they shall approve and order it to be filed by the city clerk. 116 REVISED ORDINANCES Any other justice of the peace, before whom any suit or suits may be brought, in the name of the city, shall semi-annually report to the city council a list of all such suits brought since his last report, with the disposition made of each case, the amount of fines imposed, if any, the name of the officer making the arrest, the amount or amounts collected since his last report; and he shall also at the time of making said report, pay over such amount or amounts to the city treasurer, taking duplicate receipts therefor; one of which shall be attached to his said report, and the other by him retained. Sec. 30. Fees and salary of police magistrate . The police magistrate may charge and receive the following fees, to be charged and collected as other costs, to-wit: For taking each complaint in writing, thirty-five cents; for docketing each suit, twenty-five cents; for entering verdict of jury, fifteen cents; for entering judgments, twenty-five cents; for issuing each execution, twenty-five cents; for entering any order in any case, fifteen cents; for entering each ap¬ peal, twenty-five cents; for entering satisfaction of judgment, ten cents; for issuing each mittimus, thirty-five cents; for administer¬ ing each oath, five cents; for issuing each summons or warrant, twenty-five cents; for each subpoena issued by him, twenty-five cents; for each venire twenty-five cents; for taking recognizance and returning same, fifty cents; for transcript in change of venue, fifty cents; for transcript of judgment, used for poceedings in case of ap¬ peals, fifty cents; for the trial of each contested case, a per diem of two dollars; and such other and further fees as may be allowed said magistrate by statute. NIGHT WATCHMAN. Sec. 31. Powers and duties of night watchman. The night policeman or night watchman shall goon duty at 9 o’clock p. m. and shall remain on duty until the hour of 6 o’clock a. m. during the months of November, December, January, February, March and April; and until 4 o’clock a. m. during the remaining months of May, June, July, August, September and October. In addition to his other duties the night watchman shall report all failures of street lights to the chairman of the committee on street lights. Sec. 32. Fees and salary of night watchman. The said night watchman shall receive from the city the sum of thirty-five dollars per month for the duties herein mentioned to be performed; and he OF THE CITY OF 3IT. PULASKI. 117 shall not demand or accept any other remuneration whatever for any service he may perform as such night watchman. Sec. 33. Retiring officers to deliver papers , etc. to success¬ ors — Penalty. All retiring officers shall deliver to their success¬ ors in office all papers, books, documents, implements or other prop¬ erty belonging to said city, which they may have in their posses¬ sion by virtue of such office, and on failing so to do, shall be subject to a penalty of not less than ten dollars. Sec. 34. Contracts how let. Whenever any improvement or expense shall be contemplated requiring the expenditure of the amount of five hundred dollars or more, it shall only be undertaken upon the passage of a resolution by the city council authorizing the same. All contracts for improvements to cost five hundred dollars or more shall only be let by bid after the same are duly advertised. Sec. 35. Salary of mayor and aldermen. The mayor and each alderman shall receive as compensation for his services the sum of two dollars and fifty cents for each meeting of the city council ac¬ tually attended by him, and no other compensation than for attend¬ ance upon such meetings shall be allowed to such mayor or alderman for any services whatever. Sec. 36. y 0 officer to be interested in any contract , etc. No officer of said city shall be, directly or indirectly, interested in any contract, work or business of said city, or in the sale of any ar¬ ticle the expense, price or consideration of which is paid from the treasury thereof, or by an assessment levied by any actor ordinance, nor in the purchase of any real estate or other property belonging to said corporation, or which shall be sold for taxes or assessments, or by virtue of any legal process, at the suit of said city. Passed the 5th day of April A. D. 1897 Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk 118 REVISED ORDINANCES CHAPTER XXIV. PEDDLERS. Section 1. “ 2 . “ 3. “ 4 . Peddling without license—Penalty—Proviso. Selling books, etc., without license—Penalty. Fraud or imposition—Penalty. Entering houses—Insisting on showing goods. Section l. Peddling without license — Penalty—Proviso. Be it ordained by the city council of the city of Mt. Pulaski: That no person shall sell or attempt to sell any goods, wares or mer¬ chandise or any article or thing of value, by peddling, hawking or public outcry, or at any temporary or unenclosed stand or place of business, within the city of Mt. Pulaski, without having first ob¬ tained a license therefor, under a penalty of not less than three dollars, nor more than fifty dollars for each offense: Provided, That this section shall not be held to apply to farmers or gardeners bringing into the city and selling the product of their farms or gardens, nor to the peddling of newspapers. Sec. 2. Selling books , etc., without license—Penalty. Every person canvassing or taking orders for books, publications, pictures, maps or other articles shall be deemed within the scope of this article, and he required to take out a peddler’s license; if how¬ ever no license was taken out by the canvasser, the article shall not be delivered without a peddler’s license: Provided, That regular commercial travelers employed by wholesale houses, taking orders and selling articles of merchandise to the merchants of said city, shall not be deemed within the meaning of this section. Sec. 3. Fraud or imposition—Penalty. Any person licensed as a peddler, under any ordinance of the city, who shall, while act¬ ing in such capacity, be guilty of fraud, deception or imposition, OF THE CITY OF MT. PULASKI. 119 shall be subject to a fine of not less than five dollars, nor exceeding- fifty dollars. Sec. 4. Entering houses—Insisting on showing goods. No peddler shall enter any private house in said city without being ad¬ mitted by some occupant thereof, nor shall insist upon showing his goods and wares to any person after being told by such person that he or she does not wish to see or purchase the same, nor shall other¬ wise vex, annoy or harass any person, under a penalty of not less than five dollars, nor more than twenty dollars for each offense. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. 120 REVISED ORDINANCES CHAPTER XXV. RAILROADS. Section 1. “ 2 . “ 3. “ 4. ££ 5. ££ 6 . ££ 7. “ 8 . ££ 9. Speed of cars. Cars obstructing street. Locomotive whistle. Railroad crossings—Bridges. Neglect to build after notice. City may build crossings, etc. Lights on cars at night. Penalty. Light at crossings. Section 1. Speed of cars. Be it ordained by the city coun¬ cil of the city of Mt. Pulaski: That no railway company, rail¬ road engineer, railroad conductor or other person shall run any lo¬ comotive, freight or passenger car, or any train of cars, upon or along any railroad track, side-track or switch within the corporate limits of the city of Mt. Pulaski at a greater rate of speed than ten miles an hour. Sec. 2. Cars obstructing street. No railway company, rail¬ road engineer, train conductor or other person shall cause or allow any locomotive, car or cars, or train of cars to stop in or remain up¬ on any street or railroad crossing within said city for a longer per¬ iod than ten minutes: Provided, However, It shall be lawful for a train of cars to remain across said streets if the same shall be un¬ coupled, cut or separated in such manner as to allow free and safe passage over such crossing for teams and foot passengers. Sec. 3. Locomotive whistles. No railway company, locomo¬ tive engineer or fireman shall cause or allow the whistle of any lo¬ comotive engine to be sounded within the corporate limits of said OF THE CITY OF MT. PULASKI. 121 city, except necessary brake-signals, and such as may be absolutely necessary to prevent injury to persons, or other casualty or acci¬ dent. Sec. 4. Railroad crossings and bridges. All railroad compan¬ ies whose tracks now arc or may hereafter enter or pass through the corporate limits of the city, shall respectively construct, repair and maintain good, safe and sufficient culverts, crossings and bridges, with good and easy approaches thereto, on all public alleys, streets, sidewalks and highways where their respective tracks pass under, across or over any alley, street or highway within said city. Sec. 5. Neglect after notice—Penalty. Whenever any cross- ing, culveri or bridge shall be needed upon the line of any railroad within the city, or shall need repairing, it shall be the duty of the mayor to give such company fifteen days’ notice, in writing, of the work to be done, and the place where required, and any railroad company neglecting or refusing to construct or repair any crossing, culvert or bridge, after having received fifteen days’ notice so to do, shall be fined not less than ten dollars, nor more than fifteen dollars for each day of such neglect or refusal. Sec. 6. City may build crossings and recover cost. In case of the failure or refusal of any railroad company to construct or re¬ pair any crossing, culvert or bridge, when duly notified by the mayor so to do, as provided in section five hereof, the city council may order such crossing, culvert or bridge to be constructed or re¬ paired, as may be needed, at the expense of the city, and such com¬ pany shall be liable to the city, in an action of debt, for the cost thereof. Sec. 7. Light Oil cars at night. Every locomotive engine, railroad car or train of cars running in the night time on any rail¬ road track in said city shall have and keep, while so running, a conspic¬ uous light on the forward end of such locomotive, car or train of cars. If such engine, car or train of cars be backing, it shall have a conspicuous light in the rear car or engine, so as to show in the direction said car is moving. Sec. 8. Penalty. Any railroad company or railroad corporation who shall, of themselves or by their agents or employes, violate or fail to observe any of the foregoing provisions of this chapter, or 122 REVISED ORDINANCES any agent, engineer, conductor or other employe of any such rail¬ road company or corporation, who shall violate or fail to observe the same, shall for each violation or failure to observe the same where no other penalty is imposed, be fined in a sum not less than three dollars, nor more than two hundred dollars. Sec. 9. Light at crossings. Whenever any railroad company or corporation shall in pursuance of a resolution or order of the city council be notified to keep a conspicuous light of any kind at any point on its track crossed or intersected by any street or avenue of said city, for the protection of persons or property against injury at such crossing, it shall be the duty of such rail¬ road company or corporation, at its own expense, to place or keep such lights as required. Any railroad company or corporation failing or refusing to com¬ ply with either of the requirements of this section after being duly notified as aforesaid, in writing, by the superintendent of the streets or the superintendent of police, shall thereafter be liable to a fine of not less than twenty-five dollars, nor more than one hundred dollars for each offenst, and every day of such failure or refusal to comply shall be deemed a separate offense. Passed the 5th day of April A. D. 1897 Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk OF THE CITY OF MT. PULASKI. 123 CHAPTER XXVI. SIDEWALKS. Section 1. “ 2 . 44 3. 44 4. 44 5. 4 4 6 . 4 4 7 . 4 4 8 . Sidewalks to be built in part by special taxation. Passage of special ordinance. Manner of constructing brick walks. Special tax for part of cost. City to construct in case of default of owner. Special tax duty of clerk—Report. Report to county treasurer. General officers to obtain judgment—By what law governed. Section 1. Sidewalks to be built in part by special taxation. Be it ordained by the city council of the city of Alt. Pulaski: That, all sidewalks hereinafter constructed in the city of Mt. Pulaski along or upon any street or alley or part thereof therein, unless otherwise specially ordinanced, shall be constructed in part by special taxation of the lot, or parcel of land, in front of which or adjacent to which such sidewalk shall be constructed, by levying a part of the cost thereof as hereinafter provided upon such lot or parcel of land. Sec. 2. Passage Of Special ordinance. Before any such side¬ walk shall be constructed, there shall be a special ordinance passed by the city council specifying the location, width, materials, and the manner of construction thereof. Sec. 3. Manner of constructing brick walks. Whenever any such special ordinance provides that a brick sidewalk shall be constructed, the same, unless otherwise specially provided, shall be constructed in the following manner: The surface of the ground upon which such sidewalk is to be laid, shall be graded by exca- 124 REVISED ORDINANCES vating and filling so as to make a smooth surface for the bed of such sidewalk six inches below the grade line of such sidewalk, then a layer of cinders or gravel three inches in depth shall be placed over the surface thus graded; that upon such gravel shall be placed a layer of good hard brick, bedded m one inch of sand to be laid with their longest dimensions diagonally across the line of such sidewalk, such brick to be well swept and tamped with sand so as to fill up all the crevices and make a smooth, solid, and firm side¬ walk; said walk to be fastened both on the inside and outside with a curb of brick set on edge, and a further curb of plank six inches in width; which said plank is to be of good sound lumber not infer¬ ior to that known as fencing No. two. And said walk shall have a general inclination toward the gutter of one inch to every three feet, with a convexity of one-half an inch at the center. Sec. 4. Special tax for part Of cost. That a special tax of one-half of the cost of constructing the above described sidewalk (excepting the crossings of streets and alleys) be levied, assessed and collected upon and from the real estate, lots, or parcel of land abutting, adjoining or touching upon the line of said sidewalk; said tax to be levied upon said real estate, lots or tracts of land in pro¬ portion to their frontage upon such sidewalk. The residue of the cost of constructing said sidewalk shall be paid out of any fund of said city raised by general taxation upon the property thereof, and not otherwise appropriated. Sec. 5. City to construct in case of default of owner. That in case of default or neglect of any lot or land owner or owners to construct their part of any such sidewalk within thirty days after the publication of such ordinance, the said material therefor shall be furnished and said sidewalks constructed by the said city. The city street commissioner shall have general supervision of the con¬ struction of said sidewalks, and in case the same are constructed by the city it is hereby made his duty within fifteen days after the said city shall have so constructed any of said sidewalks in front of, or adjacent to any such lot or parcel of land, to furnish the city clerk, to be filed in his office, a bill of the cost thereof, including the grad¬ ing, material and laying down and supervision of any of said side¬ walks in front of such lot or parcel of land showing in separate items the cost of the grading, materials and laying down, together with a description of such lot or parcel of land, and the name of the OF THE CITY OF MT. PULASKI. 125 owner or owners thereof, if the same is known to said city street commissioner. Sec. 6. Special tax duty of clerk — Report. That upon the tiling of any such bill of costs in the office of said clerk as provided in the foregoing section, said city clerk shall thereupon issue a warrant directed to the city collector who is hereby made a special collector to collect all such special taxes, for the collection of such special tax; and said city collector shall proceed to collect said war¬ rant by calling upon the owner or owners of such lot or parcel of land, if he or she can be found in said city, and inform him or her of such special tax, the amount thereof, and make demand for the same, and within sixty days from the date of said warrant make return thereof, together with all the moueys collected thereon, to said city clerk; and in case the owner or owners named in said war¬ rant cannot be found or refuse to pay said special tax or any part thereof, such officer shall return said warrant endorsed “owner not found” or “payment refused” as the case may be; all moneys so col¬ lected by said city collector and turned over to said clerk shall, by said clerk, be immediately turned over to the city treasurer. Sec. 7. Report to county treasurer. Upon failure to collect any special tax as hereinafter provided or any part thereof, it shall be the duty of the said city collector on or before the tenth day of March A. D. 1898, and annually thereafter, to make report under oath in writing to the county treasurer of Logan county of all the lots or parcels of land upon which such tax shall be unpaid the names of the owners thereof, together with the amount due and un¬ paid upon each and every such lot and parcel of land, and accom¬ pany the same with a certified copy of such special ordinance; said report to be made in the manner and form as is required by law in such case made and provided. Sec. 8. General officers to obtain judgment—By what law governed. When said county treasurer shall receive the aforesaid report, he shall at once proceed to obtain judgment against said lot or parcel of land for said special tax remaining due and unpaid in the same manner as may be provided' by law for the obtaining judgment against lands for taxes due and unpaid the county and state; and shall in the same manner proceed to sell the same for the said special tax due and unpaid. In obtaining said judgment and 126 REVISED ORDINANCES making said sale, the said officer shall be governed by the general revenue laws of the state, except when otherwise provided; and the said general laws shall be applicable to the execution of certificates of sale, and deeds thereon, and the force and effect of such sales and deeds and all other laws in relation to the enforcement and col¬ lection of taxes and redemption from tax sales shall be applicable to the proceedings to collect such special tax. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. OF THE CITY OF MT. PULASKI. 127 & CHAPTER XXVII. STREETS AND ALLEYS. Section 1. i t 9 “ 3. “ 4 . “ 5. “ 6. “ 7. “ 8 . “ 9. “ 10 . 11 . 12 . “ 13. “ 14. “ 15. “ 16. “ 17. “ 18. “ 19. “ 20 . “ 21 . “ 22 . “ 23. Obstruction of streets forbidden. Owner to remove obstruction upon notice. Street commissioner to remove obstruction—Costs, etc. Building material in street, etc. Red lights at piles of building material. Railings and lights at excavations. Cellar doors open. Merchandise or fuel on street. Obstructing street by teams. Persons placing obstructions liable for damage. Removal of buildings through streets. Digging in streets, etc. Excavations adjoining streets to be guarded. Excavations in street—Tearing up sidewalks. Removing grade or corner stakes. Removing or selling earth from street. Ashes, ruboish, etc., in streets and alleys. Eire upon streets—Crossings. Throwing paper, etc., upon streets. Stopping team on crossings. Feeding or huckstering on public square. Molesting paved street. No permission to be granted until bond is given— Penalty. Section l. Obstructions of streets forbidden. Be it ordained by the city council of the city of Mt. Pulaski: That no person shall erect, construct or place, or cause to be erected, constructed or placed, any building, fence, porch, steps, window, stairs, railing or other obstruction, in whole or in part upon any street, alley, sidewalk or other public ground within said city. 128 REVISED ORDINANCES Sec. 2. Owner to remove obstruction upon notice. The owner of any building, fence, porch, steps, window, stairs, railing or other obstruction now standing, or which may hereafter be erected or placed upon any street, alley, sidewalk or public ground within this city, or which may be left standing upon any new street or alley that has been or may be hereafter opened, who shall not remove the same within such reasonble time, not exceeding thirty nor less than three days, as he shall be required so to do by a notice served upon him, signed by the mayor, or any police officer of said city, shall be subject to a penalty of not less than ten dollars, nor more than two hundred dollars, and a further penalty of ten dollars for every day the same shall remain after the expiration of the time fixed in such notice. Sec. 3. Street commissioner to remove obstructions—Costs, etc. Whenever the owner of any building, fence, or other obstruc¬ tion upon any street, alley, sidewalk or public ground shall neglect or refuse to remove the same, after a notice to do so, as prescribed in the preceeding section, or if the owner cannot be found for the purpose of such notice, upon reasonable diligence by the city mar¬ shal, such obstruction shall be deemed a nuisance; and the street commissioner shall cause the same to be removed or taken down, and the expense thereof shall be recoverable from the owner in a suitable action before any court of competent jurisdiction. Any person who shall resist or interfere with the removal or taking down of any such obstruction as aforesaid, shall be subject to a penalty of not less than five dollars, nor more than two hundred dollars. Sec. 4. Building material in street, etc. No builder or other person shall incumber or obstruct any street or alley with any building or other like materials except in case of urgent necessity and for a short time, and then not more than one-third of any street or alley or one-half of the sidewalk, nor shall such obstruc¬ tion continue in any case longer than may be necessary in the diligent erection of such building, or the prompt execution of the work. Whoever shall violate any provision of this section shall be subject to a penalty of not less than three dollars, nor more than one hundred dollars for each day he shall continue in violation thereof. I OF THE CITY OF MT. PULASKI. 129 Sec. 5. Red lights at piles of building material. Whenever any builder or other person shall place any pile of lumber, brick, sand or other building material in any street or alley in said city, it shall be his duty to place suitable and sufficient lights upon them, burning during the night. Upon his neglect or refusal so to do he shall be fined not less than three dollars, nor more than fifty dollars. Sec. 6. Railings and lights at excavations. Whenever any person is engaged in digging down any street, or making any sewer or drain therein, or trench for water pipes, or other excavation, in any public street, sidewalk, alley or open place in this city, under any contract with the city, or any private corporation or person, or where the same is done by any person or private corporation for his or its own use and benefit, and such work, if left exposed, would bo dangerous to passengers, horse, teams or travelers, such person or corporation so engaged in such work as aforesaid shall erect a fence or railing at such excavation or work in such manner as to prevent danger to passengers, teams or travelers who may be traveling such street or alley, and so maintain such fence or railing until such work is completed or danger removed. And it shall further be the duty of such person or corporation to place upon such railing or fence, at twilight in the evening, suit¬ able and sufficient lights, and keep them burning through the nignt daring the performance of such work. Any person or corporation violating any of the provisions of this section shall be fined not less than five dollars, nor more than two hundred dollars for each offense. Sec. 7. Cellar doors Open. Whoever shall, in the night time, leave open any cellar door, vault, well, cistern, excavation, ditch or like hole upon or adjoining any street, alley or sidewalk, without securing and protecting the same so as not to endanger the safety of persons or animals passing thereby from falling therein, shall be subject to a penalty of not less than three dollars, and not exceed¬ ing one hundred dollars. Sec. 8. Merchandise or fuel on streets. No person shall ob¬ struct or incumber any street or alley with merchandise, fuel or other articles of property longer than may be necessary in the diligent removal of the same, under a penalty of not less than three 130 REVISED ORDINANCES dollars, nor more than ten dollars, and a like penalty for each hour the same shall not be removed, after notice to remove the same by the mayor, street commissioner or any police officer. Sec. 9. Obstructing street by teams. When any street or alley may be obstructed by a press of teams, wagons or animals, the mayor, any police officer or any alderman may give such orders and directions as may be deemed necessary for abating the obstruc¬ tion; and whoever shall not obey such orders and directions shall be subject to a penalty of not less than three dollars, and not exceed¬ ing one hundred dollars. Sec. 10. Persons placing obstructions liable for damages. Whoever shall place or leave, or cause to be placed or left, any encroachment, incumbrance or obstruction in or upon any street, alley or sidewalk, shall, in all cases, be liable to the city and to private persons for all damages or injury arising from such en¬ croachment, incumbrance or obstruction. Sec. 11 . Removal of buildings through streets. No person shall move or cause to be removed, or aid in removing, any building- through or across any street or alley without a written permit from the mayor, nor shall, in removing such building, unnecessarily incumber or obstruct any street or alley, or for a longer time than may be necessary in the prompt and diligent removal of such build¬ ing, under a penalty of not less than ten dollars, and not exceeding one hundred dollars in each case, and an additional penalty of not less than three dollars for each day such building shall unnecessar¬ ily remain in any street or alley. Sec. 12. Digging ill streets, etc. Whoever shall excavate, strip, sap, undermine or in any manner dig away or plow any street, alley or highway, or any part of the same, shall be fined not less than three dollars, nor more than one hundred dollars. Sec. 13. Excavations adjoining streets to be guarded. Whenever any person shall hereafter excavate, sap, strip, under¬ mine or make any opening in the ground of the depth of four feet or more upon any premises contiguous to or within ten feet of any street, alley or highway, such person shall inclose such premises by a substantial railing, or other sufficient barrier, at least four feet in height, and shall keep up such railing or barrier as long as such excavation or opening shall remain; and for any neglect, failure OF THE CITY OF MT. PULASKI. 1:51 or refusal so to do, such person shall be fined not less than three dollars, nor more than one hundred dollars. Sec. 14. Excavations in streets—Tearing up sidewalks. No person not authorized by ordinance shall make any excavation in any street, alley or sidewalk without a written permit from the mayor, under a penalty of not less than three dollars, and not ex¬ ceeding one hundred dollars. Any person making or causing to be made any excavation or ditch, for any purpose, in any street or alley or sidewalk, shall, without any unnecessary delay, cause the same to be filled up to the proper level of the street, alley or side¬ walk, and shall, from time to time, if necessary, continue to repair the same until the earth is completely settled and the surface con¬ forms to the proper level of the street. Any person tearing up any plank or paved street or sidewalk, or bridge or culvert, for any purpose, or negligently breaking or injuring the same by the removing of any building over the same, shall, without delay, cause such plank or paved street, alley or sidewalk, or bridge or culvert, to be repaired or placed in the same condition as before the break¬ ing or injuring thereof. Any person making or causing to be made any excavation or ditch, or tearing up, creaking or injuring any plank or paved street, alley or sidewalk, bridge or culvert, or causing the same to be broken, injured, or torn up, who shall not comply with the requirements of this section, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars, and the street commissioner shall, without delay, cause such filling up or repairs to be made and completed, and the cost thereof may be collected of any person whose duty it was to do the same, and recovered with the penalty, or in a separate suit in the name of the city. Sec. 15. Removing grade or corner stakes. Whoever shall purposely change or remove any stake, post or stone placed or set to designate the corner or line of any lot or land, street or alley, or to show the grade of any street, alley or sidewalk, shall be subject to a penalty of not less than five dollars, and not exceeding one hundred dollars. Sec. 16. Removing or selling earth from street. Whoever shall, for any private purpose, dig remove or carry away any earth from any street or alley, without the permission of the city coun- 132 REVISED ORDINANCES cil, shall be subject to penalty of not less than one dollar for each load removed or carried away; and any city officer who shall sell or dispose of any earth from any street or alley for his private gain or benefit shall be subject to a penalty of not less than twenty-five dollars, and not exceeding one hundred dollars. Sec. 17. Ashes, rubbish, etc., in streets and alleys : Who¬ ever shall throw, place or leave any ashes, dirt, garbage, filth or other rubbish in or upon any street, alley or side walk, or shall knowingly suffer or permit the same to be thrown, placed or left in or upon any street, alley or sidewalk in front of or adjoining any premises owned or occupied by him, or under his control, shall be subject to a penalty of not less than one dollar and not exceeding one hundred dollars, and to a like penalty for each day the same ■may remain after notice to remove the same by the mayor, the street commissioner, or any police officer or any alderman. Sec. 18. Fire Upon street crossings. Whoever shall throw, place or leave any live coals or fire, or make or kindle any fire, up¬ on any planked street crossing, shall be subject to a penalty of not less than three dollars, and not exceeding one hundred dollars, and shall likewise be liable for all damages caused thereby, and the cost ■of repairing, which may be recovered with the penalty, or in a sep¬ arate suit in the name of the city. Sec. 19. Throwing paper, etc., upon streets. Whoever shall throw any paper, straw, tin cans or litter of any kind into any street, alley or open space of ground, in said city, shall be fined not less than three dollars, nor more than fifty dollars for each offense. Sec. 20. Stopping team on crossings. Whoever shall obstruct any street crossing by unnecessarily stopping thereon with any team, vehicle or animal, so as to incommode persons crossing the same, shall be subject to a penalty of not less than one dollar, and not exceeding ten dollars. Sec. 21. Feeding or huckstering on public square. No per¬ son or persons shall feed any team, horse or horses, or other animal upon the public square in said city, nor shall stop upon the same with teams, wagons, market wagons, carriages, or otherwise, for the purpose of marketing, bargaining, bartering, trafficking or in hawking any wood, coal, hay, straw, fish, poultry, produce, goods, OF THE CITY OF MT. PULASKI. 133 wares or merchandise, under a penalty of not less than three dollars, nor more than one hundred dollars for each offense. Sec. 22. Molesting paved streets. No person, persons or corporation shall injure, tear up or molest any brick pavement or sidewalk now or hereafter laid on any street or alley of said city, or drive any team or vehicle over any sidewalk, except at a regular crossing without first fully protecting such walk from injury by suitable timbers or planks, or dig any hole, ditch, trench, drain or excavation therein for any purpose whatever, without first having obtained permission so to do from the city council of said city. Sec. 23. No permission to be granted until bond is given — Penaltv. No permission shall be granted by the mayor or city council to any person, persons or corporation to dig any hole, ditch, trench, drain or excavation in any such paved street or sidewalk unless the person, persons or corporation desiring to dig any such hole, ditch, trench, drain or excavation in such paved street or sidewalk shall first give a good and sufficient bond, conditioned that such person, persons or corporation will restore such pavement or sidewalk to as good a condition as the same was in before such hole, ditch, trench, drain or excavation was made therein, and that he, they or it will save and keep harmless the said city from all loss or damage which may be occasioned by such hole, ditch, drain, trench or excavation. Any person who shall injure, tear up, or molest any such brick pavement or sidewalk or dig any hole, ditch, trench, drain or excavation therein, without having obtained per¬ mission so to do as provided for in this section, shall be fined in any sum not less than ten dollars, and not more than one hundred dollars for each offense. % Passed the 5th day of April A. D. 1897 Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk 134 REVISED ORDINANCES CHAPTER XXVIII. WARDS. Section 1. “ 2 . 3. ■t.t A Division of the city into wards. Boundaries of the first ward. Boundaries of the second ward. Boundaries of the third ward. Section 1. Division of the city into wards. Be it ordained by the city council of the city of Mt. Pulaski: That the city uf Mt. Pulaski is hereby divided into three wards, and the numbers of said wards being 1, 2 and 3, and the boundaries shall be as are set out in the succeeding sections of this chapter. Sec. 2. Boundaries of the first ward. All that territory within the corporate limits of the present city of Mt. Pulaski, Illinois, east of the extreme west side of Washington street in said city, and south of Morgan street except block number 24 shall be and constitute the first ward and the boundary of said ward shall -commence at the northeast corner of block fourteen and run thence south on the extreme west side of Washington street on a line to the extreme southerly limits of said city; thence east to the extreme easterly limits of said city; thence north until the line of Morgan street is reached; thence west on a line of the center of Morgan street to the center of Lafayette street; thence south in the center ■of Lafayette street to the south side of Jefferson street; thence west to the northeast corner of block fourteen to the place of beginning. Sec. 3. Boundaries of the second ward. All that territory in the city of Mt. Pulaski north of Morgan street together with block twenty-four in said city, shall be and constitute the second ward. The boundary of said ward shall be as follows: Beginning OF THE CITY OF MT. PULASKI. 135 at the northeast corner of the corporate limits of said city, and run thence south on a line of said corporate limits to a line of the center of Morgan street, thence west to the center of Lafayette street; thence south on the center of Lafayette street to the south side of Jefferson street; thence west to the west side of Washington street; thence north to the center of Morgan street; thence west to the extreme west limits of said city; thence north on the west line of said corporate limits; thence north on the west line of said corpor¬ ate limits, to the extreme north line of said corporate limits; thence east to the point of beginning. Sec. 4. Boundaries of the third ward. All that territory in the city of Mt. Pulaski, Illinois, west of the west side of Washing¬ ton street and south of Morgan street shall be and constitute the third ward. The boundary of said ward shall be as follows: Begin¬ ning in the center of Morgan street and running thence south on the west side of Washington street on a line to the extreme southerly limits of the corporate limits of said city, thence west to the west limits of said corporate limits, and thence north to a line of the center of Morgan street; thence east to the place of begin¬ ning. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. 136 REVISED ORDINANCES Section 1. “ 2 . “ 3. “ 4. “ 5. “ 6 . “ 7. “ 8 . “ 9. •“ 10 . “ 11 . “ 12 . “ 13. 14. ££ 15. “ 16. 17. •“ 18. 19. Section 1. “ 2 . “ 3. “ 4. “ 5. “ 6 . CHAPTER XXIX. WATER RATES AND REGULATIONS. ARTICLE I. RULES AND REGULATIONS. Water consumers bound by rules. Application for water. Laying service pipe, etc. Owner to become responsible. Application to be for extension or change. Not liable for breaks, etc. Water rents—When payable. Term of leases. When water turned on. Access to premises for inspection. To make repairs. Not to allow the water to be used by others. Water for building purposes. To run only when in use. No hose used except as authorized. Hydrants and fire plugs used—When. Not to use during fire. Abuses. Penalties, ARTICLE II. PLUMBING. Plumber’s license, liable to city. Plumbers to make returns. Interior plumbing. Inspection by superintendent. Violation of ordinance by plumber or pipe fitters. Unlicensed plumbers not to do work—Penalty. OF THE CITY OF MT. PULASKI. 137 ARTICLE III. WATER RATES. Section 1. Water rates. “ 2. Unclassified rates. ARTICLE IY. MISCELLANEOUS. Section 1. “ 2 . “ 3. Superintendent of the water supply system. Compensation of superintendent of water supply system. * Duties of the city clerk. ARTICLE i. RULES AND REGULATIONS. Section 1 . Water consumers bound by rules. Be it ordain¬ ed by the city council of the city of Alt. Pulaski: That the following rules, regulations and rates, together with such others as may hereafter be adopted, shall be a part of the contract between the city and every consumer of water from the water system of the city, and in making application for water, every consumer shall agree in writing to be bound thereby. Whenever any rule or regulation is violated the water shall be shut off from the building or the place of such violation, and shall not be turned on again except by order of the superintendent of the water supply system, and on payment of one dollar, and such other terms as the water works committee may determine, and a satisfactory understanding with the party or parties that no further cause for complaint shall arise; and in case of such further violation, the said committee shall have the right to declare any payment made for water by the person guilty of such violation forfeited, and the same shall there¬ upon be forfeited. Sec. 2. Application for water. Parties desiring to have water from the city water works, must make application on printed blanks furnished for such purpose, at the office of the city clerk; if no valid objection exists, the superintendent of the water supply system shall then issue to such licensed plumber as may be selected by the applicant a permit authorizing him to do the work. A special permit must be issued for each service connection, each building, residence, business place, etc. Also for each branch 138 REVISED ORDINANCES connection when more than one connection is made from one ser¬ vice pipe. Sec. 3. Ldyitlg service pipe, etc. The superintendent of the water supply system or person authorized, will tap the mains and insert a stop cock, which shall be known as a corporation cock, and shall then connect the service pipe to the corporation cock, and in case of residence property, lay it to a point seven feet from the line of such property, and in case of property used or adapted to busi¬ ness purposes, to a point ten and one-half feet from the line of such property, and there set a stop cock, which shall be known as the service cock, together with the service cock box, for which the applicant shall pay for one-half inch tap, the sum of six dollars; for three-fourths inch tap, the sum of seven dollars and fifty cents; for one inch tap, the sum of ten dollars. Provided, Whenever the water works committee shall, for any reason, find it impracticable to locate the service cock as provided herein, they shall have full authority to so locate it as they may deem advisable. Provided, Further, that the city may lay one service pipe to supply two or more premises when same are off the line of the water mains, and in such case may lay the service pipe to such points as may be most convenient to all parties concerned, (to be determined by the water works committee.) Provided, Further, that in no case shall a four inch main receive a larger tap than a one-half inch, no six inch main larger than a three-fourth inch tap, and no eight inch main larger than a one inch tap without the special permit of the water works committee. All taps on mains shall be at least twenty-four inches apart. No connections with the mains shall be made during freezing weather, unless approved by the superintendent of the water supply system. All pipes used to convey from the street mains shall be laid not less than four feet below the surface of the ground. Sec. 4. Owner to become responsible. In all cases where more than one family or other consumers are supplied from a pipe or pipes governed by one stop, the owner or lessee of the property, or the party introducing the water, must become responsible for the payment of all bills and keeping in repair all hydrants, pipes, stop¬ cocks, etc., otherwise the water will be shut off from the building or buildings so supplied until such responsibility is assumed, and any amount in arrears is fully paid. OF THE CITY OF MT. PULASKI. 139 Sec. 5. Application to be made for extension or change. Special application must be made and permission obtained of the superintendent of the water supply system for making any exten¬ sion or change of the plumbing of any house, residence or business place beyond that for which permission may have already been granted. No permit shall be understood to authorize anything not explicit¬ ly and truthfully stated in the application, and any misrepresenta¬ tion in the application the plumber shall report to the superintend¬ ent of the water supply system. Sec. G. Not liable for breaks, etc. No claim shall be made against the city of Mt. Pulaski by reason of the breaking of any main or service pipe, cock, or on account of any other interruption of the supply, or by reason of breakage of machinery or stoppage for necessary repairs. Sec. 7. Water rents—When payable. All water rents not otherwise provided for, shall be paid quarterly, on the first day of January, April, July and October, in advance. The hours for sprinkling shall be from six o’clock to seven o’clock p. m., and in no case shall hose be used without a nozzle, and the nozzle shall not exceed one quarter of an inch in diameter. And the hose shall not be larger than three-fourths of an inch in diameter. And all per¬ sons are expressly prohibited from affixing sprinklers with the- water turned on to trees or fences, or otherwise allowing them to flow without control or limit. The water will be cut off from any consumer failing to pay his water tax when it comes due, and it will not be turned on again except on the payment of the rent due and the additional sum of one dollar. Meter rates shall be paid in each case as may be agreed upon with the water works committee. Sec. 8. Term of leases. Except when meters are used all leases shall be for a term of one year or more. All new applications shall be required to pay in advance the amount due pro rata from the day of application to the first day of the next ensuing quarter. The city reserves the right to attach a water meter to any service pipe whenever the council shall deem it expedient. No meter shall be used except such as may be approved by the water works com¬ mittee. The cost of the meter and the expense of placing the same in position shall be borne by the consumer. 140 REVISED ORDINANCES Sec. 9. When water turned on. The water will not be turn¬ ed into any service pipe, except when meters are used, until the applicant shall have paid the rent due, and plumbers are strictly prohibited from turning the water into any service pipe except on the order or permission of the superintendent. This rule shall not be construed to prevent any plumber admit¬ ting the water to test pipes, and for that purpose only. Sec. 10. Access to premises for inspection. All officers and employes of the city, and the water works committee or any mem¬ ber thereof, shall have free access at all reasonable hours to the premises where water is used, to make necessary examinations, and in case it is found that water is wasted on account of negligence, or for want of repairs, and if such waste is not immediately remedied, the service pipe leading to such premises shall be immediately shut off. It shall be the duty of said officer, in case he discovers any defect in a private pipe beyond the service cock, to give notice in writing, to be left at the premises, and if necessary repairs are not made in twenty-four hours thereafter, the water shall be shut off and shall not be turned on again until the sum of three dollars has been paid to the superintendent of the water supply system. Sec. 11. To make repairs. Parties taking water must keep the service pipe and all fixtures connected therewith, in good repair, and protected from frost, at their own expense, and must prevent all unnecessary waste, or the water will be shut off. Sec. 12. Not to allow the water to be used by others. Any consumer or consumers of water from said water works who shall permit others not members of his family or families to use water from his or their hydrant, faucet or other device, and any one who shall thus obtain water without a permit from the superintendent shall be fined in the sum of not less than one nor more than ten dollars, and the water shall immediately be shut off from the premises where such person is permitted to obtain it. Sec. 13. Water for building purposes. Persons desiring to obtain water for building purposes, or regular consumers desiring the use of the same for that purpose, must before such use, apply to the superintendent of the water supply system, for permission therefor, and render a true and correct account of all brick, stone, OF THE CITY OF MT. PULASKI. 141 plastering or other work for which the water is to be used in the building and pay the charges therefor, and in no case shall any person or persons using or permitting the use of water for building- purposes be relieved from responsibility to the city for the use thereof, and the use of water in all cases without such permission as aforesaid, shall be deemed a fraudulent use thereof, and subject the user to the penalties herein mentioned. Sec. 14. To run only when in use. Hydrants, tap hose, water closets, urinals, baths or other fixtures will not be permitted to be kept running when not in actual use, without special permit, and the payment of additional rates, such rates to be determined by the water works committee. Sec. 15. Ho hose used except as authorized. No hose shall be used for sprinkling unless a permit for the same has been ap¬ plied for and allowed by the superintendent of the water supply system, and in no case shall it be over three-fourths of an inch in diameter, or be used without a nozzle, and the nozzle shall not ex¬ ceed one-fourth of an inch in diameter; said hose shall not be suffer¬ ed to run when not used by a person engaged in sprinkling. Sec. 16. Hydrants and fire plugs used when. No person ex¬ cept the superintendent of the water supply system or the chief of¬ ficer of the fire department shall take water from any public or pri¬ vate hydrant, fire plug or other fixture connecting with the water mains, except for fire purposes, or for the use of the fire department in case of fire, nor in any way take or use water for private use, unless such person shall first make application to the superintendent of the water supply system and comply with the rules laid down by this ordinance. Sec. 17. Hot to use during fire. Immediately upon an alarm of fire being sounded all sprinkling of streets, yards or lawns shall cease, and no such sprinkling shall be done while the water is used for fire purposes, or for two hours after any fire alarm is sounded Sec. 18. Abuses. The following abuses are absolutely prohib¬ ited: First, permitting or allowing the water to be used for any other purpose than those authorized by the permit. Second, sprinkling gardens, streets or sidewalks, or washing carriages, om¬ nibuses or other vehicles with hose, without a special permit ob¬ tained from the superintendent of the water supply system, and 142 REVISED ORDINANCES paid for at the city cierk’s office. And in no case will hose be al¬ lowed for above purposes with a nozzle, when used for washing carriages or other vehicles, greater than one-eighth of an inch, and for other purposes greater than one-fourth of an inch diameter of circular opening, or their equivalent. Third, permitting leaks. Fourth, allowing water to flow unnecessarily while washing pave¬ ments or for similar purposes, or allowing hose to be used for sprinkling street, yard or garden, or similar purpose, at other times than those permitted by this ordinance, or without some person being in actual charge of the hose while so used. Sec. 19. Penalties. Any violations of any of the requirements or provisions of this ordinance, shall subject the offender to have the water turned off from his premises, to a forfeiture of all moneys paid as water rents or charges, and where no penalty is expressly provided, to the payment on conviction of a fine of not less than five nor more than one hundred dollars for each offense. ARTICLE II. PLUMBING. Section 1 . Plumbers license—Liable to city. Any plumber or pipe-fitter wishing to do business in connection with the Mt. Pu¬ laski water supply system, before entering into any agreement to do so must procure a license, and shall be governed in all respects by the ordinances and regulations which are or may be adopted by the city council. The amount to be paid for such license shall be fifty cents. Such plumber shall also be responsible for all damages the water works may sustain at his hands. The city council shall require any and all plumbers and pipe-fitters to give bond in the amount of one thous¬ and (1,000) dollars, to be approved by the city council, to indemnify and save harmless the city of Mt. Pulaski from any and all acci¬ dents, damages and losses which said water works may sustain by reason of his failure to comply with all rules and regulations which are now or may hereafter be established. Sec. 2. Plumbers to make returns • Plumbers and pipe-fit¬ ters shall make full and complete returns to the superintendent of the water supply system, of the uses for and to which water is applied under any permit granted. Said returns must be made by the plumbers or pipe-fitters doing the work within forty-eight hours OF THE CITY OF MT. PULASKI. 143 after the completion of said work, and must contain a complete list of all articles and fixtures used, as the water will not be turned on any premises until after the said returns is made, and the work reported to be in accordance with the rules and regulations herein prescribed. Sec. 3. Interior plumbing. The interior plumbing may be of such kind as the applicant or owner may direct, but must stand a pressure of not less than two hundred pounds to the square inch, and be subject to the inspection of the superintendent of the water supply system; the owner being subject to all damages, whether occasioned by inferior materials, workmanship or other cause. sec. 4. Inspection by superintendent. All plumbing work shall be done in the manner required by the superintendent of the water supply system except as herein specified, and shall be subject to the inspection of said superintendent, and be approved by him, and the patterns and quality of all appurtenances shall in like man¬ ner be subject to his approval, and no work under ground shall be covered up until examined by him or his authorized agent. Sec. 5. Violation of ordinance by plumber or pipe-fitters. In case of violation of any of the provisions of this ordinance or of any regulations of the city water works hereafter made on the part of any licensed plumber or pipe-fitter, the city council may annul such license, and in case the person whose premises are to be sup¬ plied with water, shall procure the work of said construction and attachments to be done by any person other than the licensed plumber or pipe-fitter, who may be named in said permit, the superintendent of the water supply system may at will withhold the supply of water from the premises aforesaid. Sec. 6. Unlicensed plumbers not to do work—Penalty. Any person not duly licensed who shall do any plumbing for the purpose of connecting with the city water works, shall on con¬ viction therof, be fined in the sum of not less than ten (10) dollars, nor more than one hundred (100) dollars. ARTICLE III. WATER RATES. Sec. 1 . Water rates. The water rates to be charged, subject to the other provisions of this ordinance, shall be as follows: 144 REVISED ORDINANCES REGULAR RATES. Bakeries ... $ 6 00 Bakeries with restaurants..... 9 00 Banks.....-. 5 00 Barber shop, first chair........... 3 00 Barber shop, each additional chair..... 2 00 Bath tub, private residence....... 3 00 Bath tub, hotel or boarding house.......... 8 00 Billiard room........... 6 00 Boarding house, six rooms or less... 6 00 Boarding house, each additional room over six.. 50 Blacksmith shop, one fire..... 4 00 Blacksmith shop, each additional fire...... 1 00 Building purposes, each 1000 brick... 10 Building purposes, each 100 square yards plastering.. 25 Bottling establishment,.........meter. Bowling alley................ 6 00 Butcher and meat shops........... 12 00 Dwelling house, one family, for domestic use.. 4 00 Churches ....................free. Cigar manufactory ......... 6 00 Club room ............ special. Dyeing and scouring........meter. Dentist,........... 5 00 Drug store without soda fountain.. 6 00 Druo- store with soda fountain. 9 00 O Hotel, ............ meter. Lodge room ........ 5 00 Laundries............•.meter. Lumber office............. 5 00 Offices and sleeping room, not over two persons... 3 00 Photograph, ........... 6 00 Printing office without steam engine______ 8 00 Restaurants and eating houses....... 6 00 Saloon without hydraulic beer pump....... 15 00 Saloon with hydraulic beer pump.... 20 00 Soda fountain............. 4 00 Schools, public..._______.......special. Schools private_________special. Steam engine.........special. Stable, livery, six horses or less... 15 00 Stable, livery, over six horses......mettr. Stable, private, one horse with carriage wash....... 2 00 Stable, private, each additional horse....... 1 00 Neat cattle each. 1 00 Store not classified, over 25 ft. front and less than 50 9 00 Store not classified, 25 ft. front or less. . 6 00 OF THE CITY OF MT. PULASKI. 145 Sprinkling with hose, lawn and garden, 1 lot not over sixty feet front._. 10 00 Urinals, private house... 2 00 Urinals, stores, banks and offices........ 2 00 Water closets, private houses...... 3 00 Water closets, stores, banks and offices...... 4 00 Sprinkling cart.......special. Workshop, ten bands or less............ 5 00 METER RATES. Less than 100 gals, per day, per 100 gals.. 04 100 gals, to 500 gals, per day, per 100 gals.... 03^- 500 gals, to 1000 gals per day, per 100 gals..... 03 1000gals, to 3000 gals, per day, per 100 gals.... 02-^ 3000 gals, to 5000 gals, per day, per 100 gals.. 02 5000 gals, and upwards per day, per 100 gals....special rates Sec. 2. Unclassified rates. Rates for all other purposes that may be applied for, not named in the foregoing schedule, shall be fixed by estimation or meters, at the option of the water works committee. ARTICLE IY. MISCELLANEOUS. Section 1 . Superintendent of the water supply system. The mayor of the city may with the advice and consent of the city council appoint a superintendent of the water supply system, who shall hold his office during the then current fiscal year, and until his successor is appointed and qualified, unless sooner removed by the mayor with the consent of a majority of the city council elected. Provided, nothing herein shall be taken to prevent his removal in the manner provided by ordinance for the removal of all appointive officers for cause. The superintendent of the water supply system shall be the gen¬ eral executive officer of the water supply system. He shall give bond in the penal sum of one thousand dollars, conditioned for the faithful discharge of his duties, said bond to be approved by the city council; he shall have special charge under the supervision of the water works committee, of all buildings, machinery, grounds and everything connected therewith, and shall see that no depreda- 146 REVISED ORDINANCES tions or misdemeanors are committed. It shall be his duty to see that the rules and regulations and all resolutions of the council pertaining to the water supply system are executed. That the conditions of all contracts by or with said system are faithfully complied with; and to have a general supervision over all the opera¬ tions and interests of said system, and the directions of all e/ employes. He shall also collect the amounts provided to be paid as penalties on the part of consumers of the city water, for failure to comply with the provisions of this ordinance, except those requiring the bringing of suits. All moneys so collected by him shall be turned over to the city treasurer. His report of such col¬ lection shall be made monthly to the city council. He shall make an annual report of the condition and operation of said works, and may embody therein such recommendations and suggestions as he may deem necessary or expedient, and shall per¬ form such other duties as the water works committee may prescribe. Sec. 2. Compensation of superintendent of water supply SVStem. The superintendent of the water supply system shall receive compensation for his services as such superintendent, at the rate of fifty dollars per month. Sec. 3. Duties Of the city clerk. The city clerk shall receive all applications for service pipe, and all applications for water service, and keep a list of the applications granted by the superin¬ tendent of the water supply system, or other authorized person or persons, which list shall show the amount of water rent and for what purpose or use it is paid. After the first day of January, April, July and October of each year the city clerk shall furnish the superintendent of the water supply system with a list of the consumers of city water, who shall have failed to pay their water rents due on said day. The city clerk shall receive all moneys paid as water rents and charges, and shall on the Monday oefore each regular meeting of the city council, turn over all such moneys to the city treasurer faking his receipt therefor. Sec. 4. Compensation of the city clerk for services to water supply department. In addition to the fees and compensation now provided b} 7 ordinance for the city clerk, he shall hereafter OF THE CITY OF MT. PULASKI. 147 receive an amount equal to two per cent of all the water rents and charges collected by him. Passed the 5th day of April A. D. 1897 Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. 148 REVISED ORDINANCES CHAPTER XXX. PUBLICATION OF ORDINANCE AND REPEAL. Section 1. Publication of ordinance. “ 2. Repeal. Section 1. Publication of ordinance. Be it ordained by the city council of the city of Mt. Pulaski : That the rules of order of the city council, and the ordinances of the city of Mt. Pulaski, including a certain ordinance entitled “An Ordinance in Revision and Consolidation of the General Ordinances of the city of Mt. Pulaski,” consisting of thirty chapters numbered from one to thirty both inclusive, passed this 5th day of April, A. D. 1897, and ap¬ proved by the mayor on the 5th, day of April, A. D. 1897, are here¬ by ordered printed and published in book form to be styled the ordinances of the city of Mt. Pulaski. Sec. 2. Repeal. That all public or general ordinances or parts thereof, not included in said ordinance entitled “An Ordinance in Revision and Consolidation of the General Ordinances of the city of Mt. Pulaski,” are hereby repealed: Provided, However, that no tine, forfeiture, penalty, right, action, suit, debt or liability what¬ soever created, instituted, incurred or accrued by or under the same shall be released, discharged, annulled or in any wise affected; but they be prosecuted, recovered or enjoined as fully and in the same manner in all respects as if such ordinance or part thereof had remained in full force. Provided, Further, that this ordinance shall be in force from and after its passage and approval. Passed the 5th day of April, A. D. 1897. Approved the 5th day of April A. D. 1897. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. Speeieil 0rdipi©iFi<3©i5 ©f t ©ity ©f V11. ©vilsiski. [FKsludiMGJ lFFip©rtelMt ExistiFlp ©©FltrelGt feiFid EreLFiekisos m© w m f©r©@ Im seiid ©ity, 150 REVISED ORDINANCES AN ORDINANCE PROVIDING FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ELECTRIC STREET LIGHTS UPON, ALONG AND THROUGH THE STREETS, ALLEYS AND PUBLIC PLACES OF THE CITY OF MT. PULASKI, AND SUPPLYING TO SAID CITY ARC AND OTHER ELECTRIC LIGHT FOR THE LIGHTING OF ITS STREETS AND OTHER PUBLIC PLACES, BY WEST AND SON, OF SAID CITY. Section 1. Authority to maintain poles and wire. Be it or¬ dained by the city council of the city of Mt. Pulaski: That the firm of West and Son of the city of Mt. Pulaski, Illinois, a co¬ partnership existing between O. S. West and C. E. West, be and the same is hereby authorized, subject to the limitations herein or by ordinance heretofore passed, to construct, maintain and operate a street lighting plant in the city of Mt. Pulaski, Illinois, to supply the said city with suitable and sufficient electric light, and for this purpose may enter upon any street, avenue, lane or public ground under the control of said city, for the purpose of setting their poles and the supports thereof, and stretching their wires and supports for such lights as they may necessarily and properly erect: Pro¬ vided, That such use of said grounds be made with the least practi¬ cable inconvenience to the inhabitants of said city. Sec. 2. Equipment of plant required. That said electric light plant shall be placed in good repair and free from all serious me¬ chanical defects on or before January 1st, 1897, and shall thereafter for the term of five years be maintained in such repair and condi¬ tion as to be capable of furnishing sufficient electric lights of not less than two thousand (2000) candle power each, to supply said city with all light it may require for lighting its streets and public grounds, in addition to such lights of this description or of any kind OF THE CITY OF MT. PULASKI. 151 whatsoever that the party or parties in control of said plant may undertake to furnish from said plant to the said city, or to any citi¬ zen or citizens thereof, or to any other person or persons whomso¬ ever. The electric line wire shall be insulated and carried on or near the top of the poles twenty-five feet long, set five feet in the ground, and the lamps hung from poles of sufficient length that when set five feet in the ground the lower part of the lamps shall not be less than twenty feet from the ground. All street lamps shall be hung as nearly over the center of the intersection of streets as possible, ex¬ cept when the city authorities may require them to be otherwise hung;. All arc lamps shall be provided with glass globes that shall at all times be kept clean; and said arc lamps shall in all particulars be kept in good order and condition; a failure on the part of West & Son to keep and maintain any arc lamps in good working order, or to keep clean any glass globes for said lamps, shall forfeit all right to compensation or rent for such lamps while the same are allowed to remain in a dirty or defective condition. Sec. 3. For and in consideration of the sum of two thousand and one hundred (2100) dollars per year, the. said West and Son shall furnish twenty-five electric arc lights of not less than two thousand candle power each; one-twelfth of said sum to be paid said West and Son at the first regular meeting of the city council in each and every month during the term of this ordinance. Said arc lights to be placed at such intersections of the streets and at such points in the public places or grounds of said city as the city council may by resolution direct. Provided, Further, that said West & Son shall be liable to the city and to all persons for all damages that may be sustained through the erection of said lights and the maintenance of said electric light system during the term of this contract. Provided, Further, that if at any time during the five-year term of this contract, the city or any of its officers shall procure a test to be made of the lights furnished hereunder by the said West & Son, and such test shall show that the lights furnished do not comply with the requirements herein specified for such lights, then and in such case the expense of such test shall be borne by West & Son; but nothing herein shall be taken to deny the right of said city to 152 REVISED ORDINANCES determine said contract in case said West & Son, by failure to keep and observe the provisions thereof, give justifiable cause for such action. For the purpose of making any test the city authorities may re¬ quire to be made, such city authorities, their agents or employes shall be authorized to take such means as may be necessary or de¬ sirable, with or without notice to West & Son, to make such tests; and the said city shall only be liable to West & Son for the damage actually sustained in making such tests. Sec. 4. The street lights herein provided for are to be run all night, to-wit: From thirty minutes after sunset until forty-five minutes before sunrise on all nights that shall be dark or cloudy or on which a light would be necessary for the comfort, convenience or safety of the inhabitants of said city. No reference is hereby made to any moon schedules as set forth in almanacs; but it is the inten¬ tion that the said West & Son shall furnish light in all the lights herein provided for whenever between the hours of thirty minutes after sunset and forty-five minutes before sunrise on each and every night during the term of this ordinance that shall be dark or cloudy or on which a light would be necessary for the comfort, convenience or safety of the inhabitants of said city. Sec. 5. The furnishing of lights herein provided for and the rental of the same under this contract shall begin on the first day of January, A. D. 1897, and continue during the term of five years after said date: Provided, However, if at any time after January 1st, 1897, and before the expiration of five years thereafter there shall be a suspension of the light supply herein contracted and agreed to be furnished by the said West & Son, for ten days at any one time, then all franchise and license herein provided for shall terminate and become void, and all rights to rental shall cease; unless such suspension be caused by breakage of machinery, or on Recount of storms. In the event of such failure by West & Son, upon notice by the mayor of said city or by resolution of the city council all right to further rental under the provisions of this ordi¬ nance shall cease, and the contract between the said city of Mt. Pulaski and West & Son, shall be at an end. Provided, Further, that no compensation shail be claimed by West & Son or paid by the city for light when for any cause the said West & Son shall be unable or fail to furnish the light herein OF THE CITY OF MT. PULASKI. 153 provided for. In the event of a failure of a part of the lights only, or any suspension of light supply of one or more lights, there shall be deducted from the rent otherwise due the sum of twenty-five cents per night per light for each light not lit when under the pro¬ visions of this ordinance it should be lighted. Sec. 6. If the said city shall at any time elect to have more arc lights, of two thousand candle power each, installed in said city, they shall be placed in position by the said West & Son, at their own expense, at such points as the city council may designate, at an an¬ nual rental of eighty-four (84) dollars per lamp, payable in the same manner as is hereinbefore provided; and said additional lights shall be required to perform the same service and to be in all par¬ ticulars governed by the same regulations as those hereinbefore provided for. Sec. 7. The city council of said city may require the said West & Son to furnish in said city such incandescent lights of thirty-two candle power as they may desire; said incandescent lights to oe placed in operation by said West & Son at their own expense and at such points as the city council may designate for such incandescent lights. An annual rental of eighteen (18) dollars each per light shall be paid by said city. Said incandescent lights to be main¬ tained and operated under the same regulations and for the same time as the arc lights herein provided for. Sec. 8. The city council may at any time require the said West & Son to change the location of any lights furnished under this or¬ dinance; said change to be made within thirty days after notice in in writing. West & Son shall be allowed by said city the actual costs incurred in making such change. Sec. 9. This ordinance shall have no effect whatever until said West & Son file with the city clerk a written acceptance by them of its terms and conditions. Provided, That such acceptance shall be filed with the said clerk within twenty days after the the passage of this ordinance. No transfer or sale by West & Son of any interest they may have in the electric light plant or in any franchise or right they have to keep and maintain within the city any electric lighting, heating and power plant, shall give to their assignee any rights under this ordinance, or entitle such assignee to any com¬ pensation contracted to be paid to West & Son for services rendered 154 REVISED ORDINANCES hereunder, until by resolution of the city council, passed by the affirmative vote of a majority of the aldermen elected, the consent of said city shall be given to such transfer, and that such assignee of West & Son may be substituted for West & Son in the contract made by this ordinance. Sec. 10. This ordinance shall take effect and be in force from and after its passage, approval and acceptance as hereinbefore provided, and its due publication. Passed this 24th day of November, A. D. 1896. Approved this 25th day of November, A. D. 1896. John W. Mayer, Mayor. Attest: H. B. Capps, City Clerk. OF THE CITY OF MT. PULASKI. 155 AN ORDINANCE AUTHORIZING THE CONSTRUCTION AND REGULATING THE MAINTENANCE OF ELECTRIC LIGHTING AND HEATING PLANTS IN THE VILLAGE OF MT. PULASKI. Section 1. Be it ordained by the president and board of trus¬ tees Of the Village Of Alt- Pulaski: That I. H. Snyder of said village his heirs and assigns shall be authorized to construct and maintain electric lighting, heating and power plants within the corporate limits of the village of Mt. Pulaski for the term of twenty years from and after the passage of this ordinance in conformity with the provisions hereinafter set out. (As amended November 22d, 1892.) Sec. 2. That I. H. Snyder, his heirs or assigns be and hereby are authorized to use the streets, lanes, alleys and other public grounds of said village for the purpose of erecting, placing and maintaining in position the necessary poles and wire to supply electric lights for the use of said village, and the inhabitants thereof: Provided, That said poles and wire shall not be so placed as to interfere with the travel or public use of said streets, lanes, alleys or public places, and Provided, Further, that such use of said streets, lanes and public places shall not interfere with the proper drainage by open ditches, under ground sewers cr tile, or other underground fixtures for the conveyance of water: Provided, Also, that neither the said village nor the inhabitants thereof, shall be liable for the necessary disturbance of said poles and wire in the construction of any other proper work of improvement therein, for the drainage of the public streets, lanes, alleys or other public grounds or in construction of any other public or private work. 156 REVISED ORDINANCES Sec. 3. The president and board of trustees shall have the supervision of the erection and construction of any electric lighting, heating or power plant sought to be constructed under the authority hereby granted, which supervision may be exercised as follows: Any person affected by the construction of any plant contemplated by this ordinance may file with the village clerk his objection to the manner in which said plant has been or is about to be constructed, and the president and board of trustees shall hear the respective parties and decide whether the objection shall be sustained; which determination by the president and board of trustees shall be final. Sec. 4. No person or persons, companies, corporations or asso¬ ciations shall do any injury to any street, avenue, alley or public ground nor to any shade tree, nor in any manner disturb or inter¬ fere with any water or gas pipe, gate, valve or regulator, nor with any public or private sewer, now or hereinafter laid or constructed by any authorized person or corporation, and shall fully indemnify and save harmless the village of Mt. Pulaski, from any claims or damages for which the said village might be made or become liable to pay, by reason of the construction, operation and maintenance of said electric lighting, heating and power plant, or the giving or allowing of the license rights and privileges hereby granted. (As amended November 22d, 1892.) Sec. 5. That no poles, wire or other appliances of the said I. H. Snyder, his heirs or assigns shall be by them so placed as to inter¬ fere with the proper use of either public or private property. Sec. 6. The privileges hereby granted are upon consideration that the said I. H. Snyder, his heirs or assigns shall within six months from the passage of this ordinance begin the erection of suitable appliances for supplying the said village and the inhabi¬ tants thereof, with electric lights. And upon the further consider¬ ation, that within one year from the passage of this ordinance the said I. H. Snyder, his heirs and assigns shall be in readiness to furnish electric lights for the village and the inhabitants thereof. Provided, Further, that the light furnished the citizens of said village shall be at a uniform rate and, Provided, Further, that nothing herein shall be construed to grant any exclusive right or privilege. That if any person or persons shall unlawfully or Sec. 7. OF THE CITY OF MT. PULASKI. 157 maliciously injure, remove or destroy any electric light fixture or appliance in any street, lane, alley or other public ground, every such person so offending shall on conviction thereof, be fined in any sum not exceeding fifty (50) dollars to be recovered as other fines and penalties may be under the general ordinances that now are or hereafter may be in force in the said village. Sec. 8. In the event that the said I. H. Snyder, his heirs or assigns fail to comply with the provisions of this ordinance, or in the event that for the length of thirty days the said I. H. Snyder, his heirs or assigns should fail to supply electric light, unless excused from so doing by loss from fire or other serious accident, or some cause unforseen, the president and board of trustees may at their election repeal this ordinance at any time hereafter. Sec. 9. This ordinance shall take effect and be in force from and after its passage and legal publication. Approved this 24th day of March, 1891. A. O. Vonderlietii, President. Attest: \ P. L. Tomlinson, Clerk pro tern. 158 REVISED ORDINANCES RULES AND ORDER OF BUSINESS. OF THE CITY COUNCIL OF THE CITY OF MT. PULASKI. Be it resolved by the city council of the city of Alt. Pulaski: That the regular meeting of the city council of said city for the transaction of city business shall be held on the fourth Tuesday of each month, and that the business of said city council shall be governed by the following rules, to-wit: 1st. The mayor shall take the chair at the hour appointed for the council to meet and immediately call the council to order; he shall order the roll to be called in alphabetical order, and, at the instance of any two members present, compel the attendance of absent members. 2d. A majority of the members elect shall constitute a quorum for the transaction of business. 3d. Order of business. a The reading of the minutes of the preceeding meeting unless dispensed with; which said minutes shall stand approved, unless objected to. I) Presentation of petitions (which shall always be in writ¬ ing) claims and reports of officers. C Reports of standing committees. d Reports of special committees. e Communications to the council. / Unfinished business of the preceding meeting. g New business. 4th. All questions as to the priority of business shall be decided without debate. 5th. All petitions, claims, communications or bonds must be OF THE CITY OF MT. PULASKI. 159 tiled with the clerk previous to the calling of the meeting to order by the mayor. 6th. The mayor shall preserve order and decorum, and shall decide all questions of order, subject to an appeal to the council. 7th. While a question is being put no member shall walk across or out of the council room. 8th. When two or more members address the mayor he shall decide who is first to speak. 9th. Every member, previous to his speaking, shall rise and address “Mr. Mayor,” but shall not proceed until recognized and named by the mayor. 10th. No member shall speak more than twice upon the previous question, unless by consent of the council, nor more than once in any case until every member choosing to speak shall have spoken. 11th. While a member is speaking no member shall entertain any private discourse or pass between him and the mayor. 12th. No personalities or reflections injurious to the feelings of any member or the harmony of the council shall be tolerated, and every person indulging in such personalities shall be called to order by the mayor. 13tb. A member called to order shall immediately sit down, unless permitted by the council to explain. If he appeals, the coun¬ cil shall decide without debate. If no appeal is taken the decision of the mayor shall be conclusive. 14th. When a question is stated every member present shall vote unless excused by the council or unless directly interested in the question, in which latter case he shall not vote. 15th. No motion shall be entertained unless seconded. When seconded it shall be stated by the mayor, and, if any member requires it, reduced to writing. 16th. When a motion or resolution has been stated by the mayor, it shall be deemed in the possession of the council, but may be withdrawn at any time before a decision or amendment. 17th. When a question is under debate no motion shall be received unless for the previous question, to postpone indefinitely, 160 REVISED ORDINANCES to adjourn to a certain day, to lay on the table, to amend, or to ad¬ journ the council. 18th. A motion for the previous question, to lay the question on the table or to commit it, until decided, shall preclude all amend¬ ments or debate of the main question and a motion to postpone a question indefinitely or to adjourn it to a certain day, shall until it is decided preclude all amendments to the main question. 19th. The previous question shall be put as follows: Shall the main question be now put? 20th. A motion to adjourn shall always be in order and be de¬ cided without debate. # 21st. In all cases the name of a member offering a resolution or motion shall be entered with it upon the journal. 22d. The yeas and nays shall be taken upon the passage of every ordinance and entered on the journal, and if any member re¬ quire it, upon any question before the council. But shall not be taken unless called for previous to the taking of the vote. 23d. No ordinance shall be repealed or passed, or contract or appropriation of money made unless by the vote of a majority of the members elected. 24th. All committees shall be appointed by the mayor unless otherwise directed by the council, in which case they shall be ap¬ pointed by bailor. 25th. Committees to whom any subject may be referred, shall report in writing addressed to the city council of the city of Mt. Pulaski. 26th. The city clerk shall forward all papers to the appropriate committees as early as the next day after the reference shall be made. 27th. Special meetings may be called and held by the mayor or any two members of the council by notification to each member thereof served personally or left at his usual place of abode, stating the object and purpose of such meeting, and no business shall be transacted at such special meeting except such as the meeting was called for, and notification was given thereof; and adjourned meet¬ ings may be held for the purpose of completing unfinished business OF THE CITY OF MT. PULASKI. 161 of the regular meetings at such time as may be appointed by the city council. 28th. The city marshal shall attend all meetings of the council and execute all their orders, and shall keep the council room in order and prepare the same for the meetings of the council, ex¬ tinguish the lights and fires and close the same upon adjournment. He shall, when required by the mayor or any two members of the council deliver notices of special meetings to each member of the council or leave same at his place of residence. 29th. It shall be necessary for the adoption of any ordinance that such ordinance shall be read the first and second time by its title and the third reading shall be in full. Adopted April 5th, 1897. John W. Mayer, Mayor. H. B. Capps, City Clerk. ■j « F ■ INDEX. ActiOtLS. PAGE SECTION City attorney to file statement before suit. ... 44 2. Statement unnecessary when arrested without warrant . 46 6 Additions. Streets and alleys to conform to established streets and alleys. 2 2 Streets to correspond with established streets 2 2 Plat to be submitted to city council. 2 3 See Chapter I... 2 Amusements. How classified. 5 1 License required. 6 2 License fees. 6 & Mayor to decide class and fee. 6 4 License subject to ordinances. 7 5 Proprietor to obtain "license when. 7 7 No indecent play or exhibition permitted.... 7 9- Disorderly conduct forbidden at place of .... 8 10 Disorderly conduct of manager or employe— license revoked. 8 10 No procession in the street without permit.. 8 11 License required for shooting gallery. 8 12. See Chapter II. 5 Animals. Not to run at large. 10 1 To be impounded when. 10 2 i INDEX. PAGE Unknown owners of animals impounded how notified. 12 Trial in case of animal impounded . 12 Sale of animal impounded how made . 12 Paying money to magistrate, redemption by owner, . 12 Owner not to release from pound. 13 See Chapter III. 10 Auctioneers. No sale of goods at auction without license.. 15 Pee for auctioneer’s license. 15 Auctioneer’s license not transferable. 15 Auctioneer’s license revoked when. 16 When auction may be on street. 16 Deception by auctioneer forbidden. 16 Penalties for violation of auctioneer ordinance 16 See Chapter IV. 15 Billiard Tables. License required to keep billiard table, etc.. 18 Amount of license fee for billiard table. 18 Billiard rooms to be kept closed when. 18 Minor not to frequent except. 18 See Chapter V. 18 Bill Posting. Required to take out license. 20 Bill board when a nuisance. 20 License fee. 21 See Chapter VI. 20 Boundary. See Chapter VII. 22 Cemeteries. Plat of adopted. 24 SECTION 5 7 8 9 10 1 2 3 5 6 7 8 1 2 3 4 1 2 3 u INDEX. PAGE SECTION Sexton for appointed. 24 2 City clerk to have custody of plat, etc. 24 3 Price of lots. 25 4 Burial permits required. 25 5 Sexton required to dig graves. 25 6 Unlawful to trespass upon lots. 26 7 See Chapter VIII. 24 City Clerk. To have custody of cemetery plat and keep cemetery record. 24 3 To make sale of cemetery lots. 35 4 To keep record of burial permits, fee for re¬ cording permits . 25 4 Required to keep register of dog license. 30 2 To provide metal badges for dogs. 31 3 To give notice to persons elected. 41 19 To be clerk of Board of Health. 64 3 To keep register of license. 73 6 Fee of, for issuing license. 73 6 To issue commission of officers elected or ap¬ pointed . 107 5 Duty of. Ill 20^ Fees and salary of . 112 20^ To issue warrant for special assessment to col¬ lector.~. 125 6 Duties of, with water supply department .... 146 3 Compensation of, for services to water supply department . 146 4 City Collector. To be appointed by mayor... 27 1 To give bond.. . 27 2 To preserve papers and keep accounts. 28 4 Monthly and annual statements to be made to city clerk . 28 6 in INDEX. PAGE SECTION Report delinquent list to county treasurer ... 28 7 Compensation of. 29 8 To collect special sidewalk tax. 125 6 To make report to county treasurer. 125 7 See Chapter IX . 27 City Treasurer. To keep insurance license fees in separate fund 70 19 To keep receipts from sale of cemetery lots in separate fund. 25 4 Duties of. 109 14-18 Special assessment funds kept separate by . . . 14 20 City Marshal. Impounding officer. 10 2 Care of animals impounded, fees. ]1 3 To make complaint as pound master. 11 4 To post notice of animals impounded. 1 %, 6 To suppress dog fights, etc. 30 1 Required to kill unlicensed dogs.. 31 5 To take charge of person convicted of violating ordinance. 48 12-14 Amount allowed for feeding prisoner. 49 14 Inspecting officer for fire limits. 58 14-22 To execute order of board of health . 64 6 To enforce ordinance relating to license. 74 8 Powers and duty of. 114 25-26 Fees and salary of. 114 27 City Attorney. To file statement when. 44 2 When not to bring suit . 47 8 City attorney required to prepare bond. 106 4 Duties of.. . 108 12 Fees and salary. 109 13 IV INDEX. PAGE SECTION Dogs. Unlawful to cause to fight. 30 1 License fee required for. 30 2 Metal badges to be furnished owner. 31 3 Badges to be put on dogs. 31 4 Dogs without badges to be killed. 31 5 Owners of unlicensed dogs to be fined. 31 6 Dangerous dogs not to run at large. 31 7 To be muzzled when. 32 9 See Chapter X.. 30 Dram-Shops. To be closed on election day. 41 22 See Chapter XX. 75 Druggists. May sell liquor, for what purpose. 33 1 Beer to be sold when. 33 3 Required to have permit. 34 4 Permit may be revoked when . 34 5 Penalty for violating ordinance. 34 6 See Chapter XI. 33 Elections. Time for general election. 35 1 Clerk to giye notice of. 36 2 Special election when held . 36 3 Clerk and judges of, how appointed. 36 4 Compensation of judges and clerks of. 36 5 Vacancies how filled . 36 6-7 Oath of office of officers of. 37 7 Ballot boxes, booths, etc. 37 8 Ballots, poll books and blanks for. 37 9 Time of opening and closing polls. 38 10 Proclamation of opening and closing of. 38 27 Exhibition of ballot box. 38 12 v INDEX. PAGE SECTION General election law to govern. 38 13 Canvassing votes and making returns. 38 14 Disposition of ballots. 39 15 Penalty for failing to make returns of. 40 16 City council to canvass returns of. 40 17 Tie votes how decided . 40 18 Notice to persons elected. 41 19 Failure to elect, new election called. 41 20 Order to be preserved at place of. 41 21 Dram-shop to be closed on day of. 41 22 Contesting election of aldermen. 41 23 Notice of contest by aldermen. 41 24 Testimony of, how taken . 42 25 Time for filing proof with clerk. 42 26 Hearing contest by council. 42 27 When ballots may be opened and counted .... 43 28 See Chapter XII. 35 Fire Department. Confirmation of chief of. 50 1 Duties of chief of. 50 2 By-standers subject to the order of chief of . . 51 3 Liability for breaking apparatus of. 51 4 Driving over hose forbidden. 51 5 Throwing water on persons forbidden, when 51 6 Obstructing street at fire, forbidden. 52 7 Annual appropriation for. 52 8 See Chapter XIV. 50 Fire Limits. Boundary of fire limits .. .. 53 1 Character of buildings in fire limits. 54 2-5 Wooden buildings a nuisance. 55 6 Damaged buildings to be removed from. 56 7 Condemnation of building in. 56 8 No lumber yards in. 57 10 vi INDEX. PAGE SECTION Lumber in, how kept. 57 11-12 Ashes and garbage in, how disposed of. 58 13 City marshal to inspect. 58 14 Building permits required. 58 15 Plans and specifications filed with city clerk.. 58 16 Bond to be given. 59 17 Chimneys in, how constructed. 59 19 Stoves and stovepipes, how set up. 60 20-21 Marshal to inspect buildings in. 61 22 No combustible roof permitted in. 61 24 Wooden building defined. 61 25 Stacking of hay, etc., in prohibited. 62 26 Use of candles and lamps regulated in. 62 27 See Chapter XV... 53 Forms. Of notice against unknown owners of animals impounded. 12 5 Of statement of offense. 44 2 Of warrant for violation of ordinance. 45 4 Of execution for fine. 48 11 Of annual appropriation ordinance. 71 1 Of license. 74 7 Of oath of office. 106 2 Health Department. Board of Health created . 63 1 Appointment of three commissioners by mayor 63 2 President and Clerk of Board. 64 3 Meetings of Board. 64 4 General duties of. 64 5 Order of how made. 64 6 May establish temporary hospital. 65 8 May order vaccination when. 65 9 Authority of, in case of contagious diseases .. 65 10 Duty of physician to report to. 66 11 vii INDEX. PAGE SECTION To cause notice of, in case of contagious dis¬ ease . 66 12 May destroy infected clothing, etc. 67 16 Expense of, how paid. 67 17 See Chapter XVI. 63 Insurance Companies. Foreign to be licensed. 68 1 Agents of, to report to city clerk. 68 2 Agents to pay license. 69 3 Foreign failing to report or pay license not to transact business. 69 4 Disposition of license fee. 70 6 See Chapter XVII. 68 License. Fees for amusements. 6 3 Mayor to decide amounts when . 6 4 License subject to ordinances. 7 5 No liquor sold at place of amusement. 7 6 Not to authorize indecent play or exhibition 7 9 To conduct shooting gallery. 8 13 Application for, to whom made. 72 1 Application for, how made. 72 2 What necessary to validity of. 73 3 To be subject to ordinances. 73 4 Not assignable without consent. 73 5 Register to be kept . 73 6 Liquors and Liquor Dealers. No liquor sold at place of. 7 6 Not to sell without license. 75 1 License fee and bonds required. 76 2 Revocations of license when. 77 3 Not to sell to minor without permit. 77 4 False representation by minor. 77 5 Not to employ minor without permit. 77 6 vm INDEX. PAGE SECTION Not to sell liquor to habitual drunkard, etc 78 8 Hours of closing, etc. 78 9 Not to keep open on Sunday. 78 10 Not to keep open on election day. 78 11 Required to keep order in. 79 12 Requirements of location of. 79 13 Use of dumb-waiters, etc., forbidden in. 79 14 License when revoked. 80 15 Dram-shop may be closed by mayor when .... 80 16 Penalties not evaded by shift or device. 80 17 License for, not assignable. 80 18 License for wholesale liquor dealers required . 80 19 Sale of, when a nuisance. 81 21 See Chapter XX. 75 Mayor. By proclamation to require dogs to be muzzled 32 9 To be president of board of health. 64 3 To issue certificate of election to city clerk ... 107 5 Appointment by, of temporary officer. 108 9 Misdemeanors. Persons not to obstruct hall-ways, etc. 7 8 Target shooting in uninclosed place. 8. 14 Not to open pound or resist officer. 13 10 Not wilfully to cause animal to be impounded. 13 11 Not to leave animal hitched, etc. 13 12 Fraudulent conduct by auctioneer forbidden 16 8 Not to suffer minor in billiard room without consent. 19 4 Disorderly conduct at place of election forbid¬ den . 41 21 Not to neglect board of health order. 64 7 Failing to report contagious disease. 66 11 For causing danger of contagious disease .... 66 14 IX INDEX. PAGE SECTION Not to bring into city person or clothing in¬ fected with contagious disease. . 66 15 For selling liquor without license. 75 1 For selling intoxicating liquor to minor with¬ out permit. 77 4 Minor not to make false representation to dram-shop keeper. 77 5 Not to procure liquor for minor. 78 7 See Chapter XXI. 82 Nuisances. Bill board when a. 20 2 Board of Health to order abatement of. 64 7 See Chapter XXII. 97 Officers. Appointment and duties of sexton. 24 2 Fee of sexton. 25 6 Sexton to give bond. 26 8 Officers annually appointed by mayor. 106 1 Required to take oath of office. 106 2 Required to give bond except. 106 3 Qualification of sureties. 106 4 Commissions to be issued to. 107 5 To deliver papers and property to successor in office. 107 5-33 To pay money collected into city treasury.... 107 6 Salaries of, when payable. 107 7 Records of subject to inspection. 108 8 Duties of, how performed in absence of. 108 9 Office vacated by removal from city. 108 10 Liability of for damage. 108 11 Duties of city attorney . 108 12 Fees and salary of city attorney. 109 13 Duties of city treasurer... 109 14 City treasurer to render monthly account.... 110 16 x INDEX. PAGE SECTION City treasurer to keep money separate. 110 17 Annual account. Ill 18 Warrants how drawn. Ill 19 Money from special assessment how used.. .. Ill 20 Duty of city clerk. Ill 20-£ Fees and salary of city clerk. 112 20 —^ Duties of street commissioner. 112 21-24 Power and duty of city marshal. 114 25-26 Fees and salary of city marshal. 114 27 Powers and duties of police magistrate. 115 28 City magistrate to make monthly and annual report. 115 29 Fees and salary of police magistrate. 116 30 Powers and duty of night watchman. 116 31 Fees and salary of night watchman. 116 32 Contracts by, how made. 117 34 Salary of mayor and aldermen. 117 35 No officer to be interested in contracts. 117 36 Superintendent of water supply system ap¬ pointed . 145 1 Compensation of Superintendent. 146 2 City clerk to keep list of water consumers.. .. 146 3 Compensation of city clerk for services to wat¬ er supply department. 146 4 See Chapter XXIII. 105 Peddlers. Required to take out license. 118 1 Canvassers, etc., required to take out license . 118 2 Fraud or imposition by. 118 3 Not to enter house without permission. 119 4 See Chapter XXIV. 118 Penalties. For recording plat not approved by city coun¬ cil . 3 4 xi INDEX. PAGE SECTION For selling lots in plats not approved. 3 5 For selling liquor at place of amusement. 7 6 For failing to obtain license for amusements 7 7 For standing in hallway of theatre, etc. 7 8 For giving indecent plays, etc. 7 9 For disorderly conduct at place of amusement 8 10 For procession in street without permit. 8 11 For shooting gallery without license. 8 12 For target shooting in uninclosed place. 8 14 For permitting animals to run at large. 10 1 For releasing animal from pound or other en¬ closure . 13 11 For leaving animal unhitched, etc. 13 12 For fraudulent conduct of auctioneer. 16 7 For violation of auctioneer’s regulations. 16 8 For keeping billiard table without license. ... 18 1 For keeping open billiard room, etc. 18 3 For misconduct of billiard table keeper. 19 4 For violation of bill poster ordinance. 20 1 For maintaining bill board contrary to ordi¬ nance . 20 2 For trespassing upon cemetery lots. 26 7 For encouraging dogs to fight. 30 1 For violation of ordinance by druggist. 34 6 For failing to make returns of election. 40 16 For disorderly conduct at place of election.... 41 21 For keeping open dram shop election day.... 41 22 For breaking fire apparatus. 51 4, For driving over fire hose. 51 5 For throwing water on persons unnecessarily 51 6 For obstructing street at fire. 52 7 For violating order of Board of Health . 64 7 For failing to report contagious disease. 66 11 For tearing down Board of Health notices.... 66 12 For endangering others to contagious disease 66 13 xu INDEX. PAGE SECTION For endangering the spreading of contagious disease . 66 14 For bringing infected person or clothing into city. 66 15 For failure of foreign insurance company to re¬ port or pay license. 69 5 For selling liquors without license. 75 1 For selling intoxicating liquors to minor with¬ out permit. 77 4 For false representation to dram-shop keeper by minor. 77 5 For employment of minor in dram-shop without permit. 77 7 For procuring liquor for minor. 78 7 For selling liquor to habitual drunkard, etc 78 8 For permitting dram-shop to remain open, etc 78 9-10 For failing to keep order in dram-shop. 79 12 For permitting use of dumb waiter, etc., in dram-shop . 79 14 For failing to close dram-shop when ordered by mayor. 80 16 For selling liquor at wholesale without license 80 19 For maintaining nuisance by sale of intoxicat¬ ing liquor. 81 22 For refusing to deliver effects to successor in office.:. 107 5 For failing to pay money into city treasury ... 107 6 Fraud or imposition by peddler. 118 3 For failure by railroad to repair crossing. 121 5 For failing to remove obstruction in street after notice . 128 2 For resisting removal of obstruction to street. 128 3 For permitting ouilding material in street ... 128 4 For failing 10 place light on obstruction in street . 129 5 For failing to guard excavations in streets . .. 129 6 xm INDEX. PAGE SECTION For not guarding cellar opening on street .... 129 For permitting merchandise or fuel on street after notice. 129 For obstructing street by teams .. ... ... .. 130 For unnecessary obstruction of street with buildings . 130 For digging in streets except. 130 For failing to guard excavations joining streets. 130 For removing corner stone in street. 131 For removing earth from street ............. 131 For throwing ashes and rubbish in street .... 132 For stopping team on crossings. 132 For feeding or huckstering on public square. . 132 For molesting brick pavement or side walk.. . 133 Plats. Not to be recorded until approved by city council . 2 Penalty for recording plat not approved. 3 Unusual plat how authorized. 3 Plumber. Required to take out license... 142 Bond to be given by. 142 To make returns to superintendent water sup¬ ply system. 142 To observe ordinance of city on water supply system. 143 Penalty for plumber without license. 143 Owner to select licensed plumber. 137 Not to turn water on except. 140 Penalty for violating ordinance. 143 Police Magistrate. May order offender committed when .. 47 7 8 9 11 12-14 13 15 16 17-19 20 21 23 3 4 6 1 1 2 5 6 2 9 5 11 xiv INDEX. PAGE SECTION Power and duties of. 115 28 Monthly report by. 115 29 Annual report of required. 115 29 Fees and salary of.*.. 116 80 Railroads. Speed of cars within city. 120 1 Not to obstruct street crossings. 120 2 Locomotive whistles. 120 3 Crossings to be maintained by. 121 4 Failure to repair crossing after notice. 121 5 City may build crossing when . 121 6 Lights on trains required. 121 7 Penalty for violating regulation for. 121 8 Light on crossing of. 121 9 See Chapter XXX. 120 Recovery of fines and penalties. Actions, when brought. 44 1 Attorney to file statement. 44 2 Number of charges not limited. 45 3 Summons and warrant may issue, when. 45 4 Special bail, effect of. 46 4 Judgment by default, when. 46 5 When process unnecessary. 46 6 Duty of officer making arrest. 47 7 Attorney not to bring suit, when. 47 8 Costs of suit, when paid. 47 9 Complaining witness liable for costs, when.. 47 10 Offender to stand committed, when . 47 11 Per diem allowed convicted offender. 48 12 Refusing to work, no per diem allowed. 49 13 See Chapter XIII. 44 Salaries. When payable. 107 7 Of city attorney. 109 13 xv INDEX. PAGE SECTION Of city clerk. 112 20-^ Of city marshal. 114 27 Of police magistrate ... 116 30 Of night watchman. 116 32 Of mayor. 117 35 Of aldermen. 117 35 Of sexton. 25 6 Sidewalks. Special taxation for part cost of. 123 1-4 Special ordinance required for construction of 123 2 Manner of constructing brick walks. 123 3 City to construct, when. 124 5 Bill of cost of, furnished clerk. 124 5 Warrant for cost of, to be furnished collector. 125 6 Delinquent tax for, reported to county treasurer 125 7 Property sold for non-payment of special as¬ sessment for. 125 8 See Chapter XXVI. 123 Special Assessments. To be collected by city collector. 27 3 Special assessment funds, how kept. Ill 20 Part cost of sidewalks by. 123 1-4 Warrant for, furnished city collector. 125 6 Part of delinquent payments of to county treasurer . 125 7 County treasurer to obtain judgment for.... 125 8 Property sold for at general tax sale. 125 8 Streets and alleys. Obstruction of forbidden. 127 1 Obstruction removed upon notice. 128 2 Street commissioner to remove obstructions. . 128 3 Building material in streets, etc. 128 4 Light required to be placed on obstructions in street. 129 5 xvi INDEX. PAGE SECTION Railing and lights required at excavations in 129 6 Cellar doors opening on, to be guarded.. 129 7 Merchandise and fuel in. 129 8 Not to obstruct by teams. 130 9 Person placing obstructions in, liable for dam¬ ages. 130 10 Not to move buildings through, except. 130 11 Digging in street forbidden. 130 12 Excavation adjoining street to be guarded.. . 130 13 No excavations in permitted, except. 130 14 Removal of corner stones, etc., forbidden .... 131 16 Ashes and rubbish not to be thrown in. 132 17 Not to throw papers, etc., upon. 132 19 Teams not to be stopped on crossings of. 132 20 Feeding or huckstering forbidden on public square . 132 21 Brick pavement or sidewalk not to be molested 133 22 No excavation in without bond. 133 23 See Chapter XXVII-... 127 Wards. Division of the city into . 134 1 Boundary of first ward. 134 2 Boundary of second ward. 134 3 Boundary of third ward. 135 4 See Chapter XXVIII. 134 Water Supply System. Rules and regulations for, adopted. 137 1 Application for water to be made. 137 2 Service pipe, how laid. 138 3 Who liable for water rates . 138 4 Application for extension or change. 139 5 City not liable for breaks in. 139 6 Water rents when payable. 139 7 Term of leases. 138 8 XVII INDEX. PAGE City officers to have access to premises. 140 Repairs necessary to be made when. 140 Consumer not to allow water to be used by others.. 140 Water for building purposes. 140 To run only when.•.., . 141 Hose to be used, regulated. 141 Hydrants and fire plugs used when. 141 Sprinkling to cease at fire alarm. 141 Abuses of, enumerated. 141 Penalties for violating ordinance. 142 Plumber required to take out license. 142 Plumber to make returns. 142 Interior plumbing to stand pressure. 143 All plumbing work to be inspected by superin¬ tendent of. 143 Penalty for plumbers, etc. 143 Unlicensed plumber not to do work. 143 Water rates classified. 143 Unclassified rates. 145 Superintendent of to be appointed. 145 Superintendent to collect penalties provided by 146 Superintendent to make annual report of. 146 Compensation of superintendent of. 146 Duties required of city clerk by . 146 Compensation of city clerk for services to.. .. 146 See Chapter XXIX. 136 SECTION 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 6 1 2 1 1 1 2 3 4 xvm % - . \ I N ’ „ V / . t . ■ - ' ■ . . > * . . 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