UNIVERSITY OF ILLINOIS LIBRARY Class Book Volume n THE REVISED ORDINANCES OF THE CITY OF CANTON COMPRISING THE GENERAL ORDINANCES AND CERTAIN SPECIAL ORDINANCES PUBLISHED SEPTEMBER 1906 REVISED, CODIFIED AND PUBLISHED BY ORDER OF THE CITY COUNCIL Press of The Enterprise Ptg. Co. 136 East Fourth St. Canton, Ohio AN ORDINANCE To Revise, Codify and Re-arrange the General Ordinances of the City of Canton. Whereas, It is expedient that the general ordinances of the City of Canton shall be revised, codified, re-arranged and published in book form ; therefore, Be it Ordained by the Council of the City of Canton, Ohio, as follows : CHAPTER I ANIMALS. Section. 1. Horses, etc., to be securely fastened. Penalty. 2. Stallions. 3. Horses, etc , not to run at large. 4. Duty of Chief of Police. Penalty. 5. Animals not to run at large. Proviso Penalty. 6. Penalty, how collected. 7. Duty of Chief of Police and Police. 8. Judgment. Sale of animals to satisfy judg- ment. 9. Officer's fees. Section. 10. Bitch dogs not to run at large. 11. Penalty. 12. Chief of Police to impound bitch dogs. Notice to owner. Penalty. Chief of Police's fees. 13. Keeping or harboring bitch dogs. Penalty. 14. Over-driving animals, etc. 15. Cruelty to animals. 16. Definitions. 17. Penalty. 1 — Horses, etc., be securely fastened— Penalty. Section 1. If any person or persons having in his, her, or their charge any horse or horses, mule or mules, or any team of horses, mules, or oxen, shall permit the same to stand in any of the streets or alleys within the limits of this city, without being securely fastened to some substantial post or other substantial or suitable place or object, or being left under the care of some competent person or^ persons, so as to prevent such animal or animals from running away, to the danger of persons or property within the city, such person or persons shall, on conviction thereof, be fined in any siim not exceeding five dollars and the costs'"of prosecution, for the first offense, and for every repeated willful commission of the same offense, the person or persons convicted thereof shall be fined in any sum not exceeding fifty dollars, nor less than five dollars and the costs of prosecution. (Oct. 22, i860.) 2— Stallions. Sec. 2. It shall be unlawful for any person to let or put any stallion or stallions to any mare or mares within the limits of the city, except the Stark County Fair grounds, any person or persons, violating the pro- visions of this section shall, on conviction thereof, be fined in any sum not less than three \ dollars nor more than twenty-five dollars, and the costs of prosecution for every offense. (March 26, 1877.) 6 REVISED ORDINANCES 3— Horses, etc., not to run at large. Sec. 3. It shall be unlawful for any owner or keeper of horses, mares, colts, or mules to permit any such animals to run at large, or loose, on any of the uninclosed lots, streets or alleys within the limits of said city corporation. (Oct. 22, i860.) 4— Duty of Chief of Police— Penalty. Sec. 4. It is hereby made the duty of the Chief of Police of the City of Canton to take up and impound any of the animals named in Section three found running loose or at large on any of uninclosed lots, streets or alleys of the city, and for every one of said animals so taken up and impounded by the Chief of Police, the owner or claimant thereof shall pay as a fine to the City Auditor 1 ; 'for the use of the city, the sum of one dollar, and a like sum to the Chief of Police for his services, together with such other costs and expenses as the Chief of Police may find it neces- sary to incur in procuring the aid of other persons to take up and impound such animal or animals, and all the expense of the keeping of such animals, until the owner or claimant shall call for the same, which penalty, costs and expenses shall be paid to the Chief of Police before he shall be re- quired to deliver any such animal or animals to owner or claimant thereof. (June 18, 1906.) 5— Animals not allowed to run at large— Proviso— Penalty. Sec. 5. It is hereby made and declared unlawful for any person residing within or without said city to allow, either intentionally or through careless- ness, any cattle, horses, mules, sheep, swine, goats or geese to run at large on any of the streets, alleys or public grounds of said city ; Provided, that this ordinance shall not be held to restrain cows belonging to persons residing within said city, from running at large between the hours of six o'clock P. M. and seven o'clock P. M. on any unoccupied lot or land or unguarded streets or alleys, provided such cow or cows are attended by a herdsman constantly watching and guarding the same. Any person violating this ordinance shall suffer and pay a penalty of not less than one dollar, or more than five dollars, for each animal so allowed to run at large. (June 14, 1875.) 6— Penalty, how collected. Sec. 6. Said penalty named in the preceding section shall be col- lected by a civil suit brought in the name of the city, before the Mayor, ANIMALS 7 against the person so offending, which suit shall be brought upon a com- plaint sworn to, setting forth the offense^ whereupon a summons shall issue and be returned, and a trial be had as in other civil cas'es before the Mayor or before a jury if the defendant demands it. (May 23, 1870.) 7— Duty of the Chief of Police and Police. Sec. 7. Whenever the Chief of Police or any Police Officer in this city shall see any animal, running at large contrary to the fifth section of this ordinance, such Chief of Police or any Police Officer shall take up and impound such animal in a pound provided for that purpose, and any citizen may in like manner take up such animal and report the same to the Chief of Police or Police Officer, who shall impound the same. Such officer shall thereupon file a complaint as provided for in the sixth section of this ordinance, and such animal shall be held a reasonable time for the service of summons and the disposition of the suit so instituted. (June 18, 1906.) 8— Judgment— Sale of animals to satisfy judgment. Sec. 8. Upon a trial being had and judgment for the defendant, the animal so held shall be released without costs or expense. Upon a decision being rendered against such person, a judgment shall be rendered against him for the penalty fixed by the court and for costs and expenses of 1 keeping such animals ; that if any such person shall fail to pay such judg- ment, the Mayor shall issue his order to the Chief of Police ordering him to sell such animal ; thereupon the Chief of Police shall give public notice of the time and place of the sale of such animal, by posting a notice thereof in at least five public places in the city,, at which time and place 1 such animal shall be sold at public auction, and the proceeds of said sale shall be returned to the Mayor, out of which said judgment and increased costs shall be paid, and the balance be paid to the owner of such animal. (June 18, 1906.) , ' j 9— Officer's fee Sec. 9. Such officer or person taking up such animals shall be entitled to fifty cents for each horse, mule or head of cattle or swine, the sum of twenty-five cents for each of the other animals so taken, and for other services under this ordinance the officer shall be entitled to the same costs as in like service in civil suits before a Justice of the Peace ; that the actual costs of keeping such animal shall be taxed against the same. (May 23, 1870.) 8 REVISED ORDINANCES 10— Bitch dogs not to run at large. Sec. 10. It shall be unlawful for any person owning or harboring any bitch dog within the limits of said city to permit such animals to run at large in any of the streets, alleys, squares, commons, or other public places in said city. (Aug. 18, 1879.) 11— Penalty. Sec. 11. Any person violating section ten of this ordinance shall, upon complaint made on oath before the Mayor and upon conviction, be fined in any sum not less than one dollar nor more than five dollars foir 1 each offense, and shall also pay the costs of prosecution ; and it shall be' no defense to such prosecution to show that such bitch dog was at large without the knowledge or fault of such owner or person harboring, or at the time complained of was accompanied by such owner or harboring person. (Aug. 18, 1879.) 12— Chief of Police to impound bitch dogs — Notice to owner — Penalty— Chief of Police's fees. Sec. 12. It shall be the duty of the Chief of Police or any member of the police force who shall find a bitch dog running at large in violation of the provision of this ordinance, to take up and impound such animal, and shall, if the owner or harborer thereof be known, give immediate notice to him or her of such impounding ; and if such owner or harboring person shall fail within twenty-four hours after receiving such notice to appear before the Mayor and pay such fine as, upon conviction or plea of guilty, shall be assessed against him or her for permitting such animal to run at large, together with the costs of prosecution including a fee of one dollar to the Chief of Police or policeman for impounding and giving notice aforesaid, said bitch dog shall be killed, and for his services in impounding, killing and burying such animal, such Chiei 01 Police or policeman shall be entitled to the sum of two dollars to be paid out of the City Treasury, on the certificate of the Mayor and order of the City Auditor, and in any prosecution against and conviction of the owner of the animal so killed for permitting its running at large, a fee of two dollars shall be taxed for such impounding, killing and burying, and included in the bill of costs, and on collection shall be paid into the City Treasury. (June 18, 1906.) 13— Keeping or harboring bitch dogs— Penalty. Sm he paid it, and the giving of a transcript, if any be demanded. (February 11, 1861.) 36 REVISED ORDINANCES 77— Powers. Sec. 77. The Mayor shall be the conservator of the peace throughout the city, and may, for the preservation of the peace and good order thereof, on view, order the arrest of any person or persons in the act of violating any ordinances of 1 the City of Canton, Ohio, or disturbing the peace and good order of said city, to be brought before him forth- with for trial ; and he shall see that all the ordinances in force are faithfully executed ; provided further that in case of riot or other like emergency, the Mayor shall have power to appoint additional patrolmen and officers for temporary service (who need not be in the classified list of such de- partment), the number of which shall be determined by resolution of the Board of Public Safety, but the length of time for which such additional officers or patrolmen shall be employed shall be limited to the time during which such emergency may exist. (June 5, 1906.) 78— Power to fine and imprison. Sec. 78. The Mayor shall, whenever any person or persons shall be convicted before him for the violation of any of the city ordinances, assess such fine as is therein provided for the offense, tax the costs of prosecution, including the costs of the Mayor, witnesses, and jurors, and issue execution therefor against the party so convicted, and also such order for punishment by imprisonment with or without labor, as is provided in the ordinances for the offense and deliver the same to the Chief of Police, who shall receive and execute the same as is by law required of constables in similar cases, and make return ac- cording to the demand thereof, and pay over any money which he shall have collected, to the Mayor. (June 18, 1906.) 79— To issue licenses and permits. Sec. 79. The Mayor is hereby authorized and required to grant all licenses and issue all permits provided for in the city ordinances, except as otherwise provided, to persons applying therefor agreeably to the provisions of the ordinances, on receiving from such persons the sum fixed for such license or permit, and the fees for issuing the sanu\ subject to such restrictions as now are, or hereafter may be provided by the city ordinances in force on the subject to which such license or permit relates. (February II, 1861.) CITY OFFICERS 37 80 — Mayor to pay money to City Treasurer. Sec. 80. It shall be the duty of the Mayor forthwith to pay over to the City Treasurer all moneys by him collected for the use of the city, and take duplicate receipts therefor, in which it shall be specified on what account said moneys were collected, whether for fines and costs, licenses or permits, and for what purpose the licenses or permits were granted, or for moneys collected in civil actions in favor of the city, one of which receipts he shall deposit with the City Auditor. 81 — To turn over docket and business to successor. Sec. 81. The Mayor, upon the expiration of his term of office, shall deposit with his successor, his official docket, as well his own as those of his predecessors which may be in his custody, together with all files and papers, laws and statutes pertaining to his office, there to be kept as public records and property ; and the successor of the Mayor to whom such docket and papers shall be delivered is hereby authorized to proceed with any pro- ceedings, actions or business commenced by his predecessor and which was not fully determined at the time when his terim of office expired and complete and determine the same as if such proceedings, actions or busi- ness had been commenced before such person to whom such docket and papers had been delivered. (February 11, 1861.) 82— Fees. Sec. 82. The Mayor shall charge and receive in all prosecutions under the ordinances, the same fees as are allowed to Justices of the Peace for similar services under the laws of the state and for each license or permit to be paid by the person applying therefor the sum ol twenty-five cents. (June 18, 1906.) 83— City Solicitor— Bond, duties and salary. Sec. 83. There shall be for the City of Canton, a City Solicitor, who shall be elected for a term of two years and shall serve until his successor is elected and qualified ; he shall be an elector of the city and admitted to practice law in the State of Ohio. The powers and duties of the City Solicitor shall be such as are required by the laws of the State of Ohio, and shall prepare all contracts, bonds and other instruments in writing in which the city is concerned, and 38 REVISED ORDINANCES shall serve the several directors and officers mentioned in the new municipal code as legal counsel and attorney. He shall appear in all civil suits, prosecuted or defended by the city. He shall also be the prosecuting attorney of the police court, and as such prosecuting attorney shall be governed by the laws of the state in such case made and provided. Before entering upon the duties of his office, he shall execute a surety company bond in the sitm of Five Thousand Dollars ($5,000.00), to be approved by the Mayor and Council, and shall receive as compensation for his services a salary of Two Thousand Dollars ($2,000.00) per annum, payable monthly. (January 19, 1903.) 84 — City Auditor — Bond, duties and salary. Sec. 84. There shall be for the City of Canton, a City Auditor who shall be elected for a term of three years and shall serve until his successor is elected and qualified. He shall be an elector of the corporation and shall perform all duties required of him by the laws of the State of Ohio. Said City Auditor shall upon his election, and before entering upon the duties of his office, execute a surety company bond to be approved by the Mayor and Council of the City of Canton, in the sum of Five Thousand Dollars ($5,000.00). There shall be provided by the Council for said City Auditor a seal in the center of which shall be the words, " The City of Canton," and around the margin the words " City Auditor " and an impression of the seal shall be affixed to all transcripts, orders, certificates and other papers requiring authentication. Said Auditor shall receive a salary of Sixteen Hundred Dollars ($1600.00) per annum, payable monthly. (January 19, 1903.) 85 — Approval and record of bonds. Sec. 85. Whenever any bond shall be presented to the City Council to be approved, and the Council shall approve the same, it shall be and hereby is made the duty of the City Auditor to make a true copy of such bond so approved as aforesaid, upon his record. (June 18, 1906.) 86— Certified copies of bonds. Sec. 86. In case any bond so approved and recorded as prescribed in Section eighty-five of this chapter be lost, the City Auditor shall, upon application to him by any party interested, make out a certified copy of his record of such bond, which record, authem CITY OFFICERS 3') ticated by his official seal, shall be deemed and taken in any suit which may be brought thereon, as prima facie evidence of the existence of such bond, and of the obligation of the parties thereto, in all courts having jurisdiction. (June 18, 1906.) 87— City Treasurer— Bond, duties and salary. Sec. 87. There shall be for the City of Canton a Treasurer who shall be elected for a term of two years, and shall serve until his successor is elected and qualified ; he shall be an elector of the corporation, and shall have all the powers and perform all the duties required by law. He shall, before entering upon the performance of his duties, give a surety company bond to the approval of the Mayor and City Council in the sum of Two Hundred Thousand Dollars ($200,000.00) conditioned for the faithful performance of the duties of his office, and for the proper pay- ment of all moneys received by him, which bond shall be deposited with the City Auditor and by him recorded in a book provided for the recording of bonds of the City Officers, and said Auditor shall file and carefully pre- serve the original bond, and the cost of said bond shall be paid out of the City Treasury. He shall receive a salary of Twelve Hundred Dollars ($1200.00) per annum, payable monthly. (October 16, 1905.) 88— President of the Council— Bond, dutes and salary. Sec. 88. There shall be a President of Council of the City of Canton who shall be elected for a term of two years in the manner provided by law, and shall serve until his successor has been elected and qualified. He shall be an elector of the cor- poration and shall preside at all regular and special meetings of the Council, but shall have no vote therein, except in case of a tie. When the Mayor is absent from the City, or is unable for any cause to perform his duties, the President of the Council shall be the acting Mayor. In case of the death, resignation or removal of the Mayor the President of the Council shall become the Mayor and serve for the unex- pired term and until the successor is elected and qualified. Provided, that while the President of the City Council is acting as Mayor, he shall not serve as President of the Council. The President of the Council shall receive a salary of Five Hundred Dollars ($500.00) per annum, payable monthly, and shall give bond with 40 REVISED ORDINANCES sufficient surely to the approval of the Mayor and the Council of the City of Canton, conditioned for the faithful performance of his duties m the sum of One Thousand Dollars ($1,000.00), said bond to be paid for out of the City Treasury. (January 19, 1903.) 89— Council— Composition— Qualification. Sec. 89. There shall be in the City of Canton a Council to consist of nine members, six of whom shall be elected from wards in the City and three shall be elected at large; that all such councilmen shall be elected in the manner provided by law and that they shall be electors of the City of Canton and not hold any other public office or employment except that of Notary Public or member of the State Militia, and shall not be interested in any contract with the City, and all such councilmen at large shall have resided in the City of Canton, and councilmen from wards shall have resided in their respective waras for at least one year preceding their election. (January 19, ^903.) 90— Term of office. Sec. 90. At the first election hereunder, all councilmen who are elected from wards of odd numbers, beginning with Ward No. 1, shall be elected for one year, and those elected from wards of even number, shall be elected for two years, and at the expiration of their respective terms, their successors shall be elected for terms of two years ; and at the first election hereunder, there shall be one councilman at large elected for a term of one year and two councilmen at large elected for terms of two years each, and at the expiration of their respective terms their successors shall be elected for terms of two years. (Jan. 19, 1903.) 91— Bond and salary. Sec. 91. Each of said councilmen shall give a surety com- pany bond in the sum of Five Hundred Dollars ($500.00), said bond to be paid for out of the City Treasury. Each councilman elected as herein provided, shall receive a salary of One Hundred and Fifty Dollars ($150.00) per annum, payable semi-monthly, and a proportionate reduction in such salaries shall be made for the non-attendance of any member upon any regular or special meeting of the City Council. (Janu- uary 19, 1903.) 92— Department of Public Service— Bond, duties and salary. Sec. 92. There shall be a departmenl of public service which shall be administered by three directors, such directors shall or- CITY OFFICERS 41 ganize as a board to be known as the Board of Public Ser- vice. All of such directors shall be electors of the City of Canton, and shall be elected for a term of two years and shall serve until their successors are elected and qualified. Such Board of Public Service and the Directors thereof shall have all the powers and perform all the duties imposed upon such board and such directors by the laws of the State of Ohio, and before entering upon their duties each of such directors shall execute surety company bonds to the approval of the Mayor and Council of said city, conditioned for the faithful performance of their duties as such directors in the sum of Five Thousand Dollars ($5,000.00.) Each one of said directors of public service shall receive a salary of One Thousand Dollars ($1,000.00) per annum, payable monthly. (January I9» 1903) 93— Department of Public Safety — Number and appointment. Sec. 93. There shall be in the City of Canton, a Depart- ment of Public Safety, which shall be administered by four directors, said directors of public safety shall be electors of the City of Canton well known for their intelligence and in- tegrity, and shall be appointed by the Mayor with the advice and consent of two-thirds of the council for terms of four years each, one-half of said directors being appointed by said mayor, at the first appointment, for a period of two years, and the remainder for a period of four years and thereafter all such appointments shall be for four years, and each ot said directors shall serve until his successor has been appointed and quali- fied. Not more than one half of the number of directors of public safety shall belong to the same political party. If at any time appointments to be made by the Mayor as provided in this ordinance are not made, or not confirmed within thirty days after the time when such appointment should be made according to law, or if any vacancy in the office of a director of public safety be not filled within thirty days from the happening of such vacancy, then in either event, the Governor of the State of Ohio shall make such appointment or fill such vacancy by appointment for the term as is herein provided to be made by the Mayor. (January 19, 1903.) 94— Bond, duties and salary. Sec. 94. The directors of Public Safety herein provided for, shall organize as a board to be known as the Board of Public 42 REVISED ORDINANCES Safety, and before entering upon the duties of their office, each of said directors shall execute a surety bond to the approval of the Mayor and the Council in the sum of One Thousand Dollars ($1,000.00), conditioned for the faithful performance of their duties as such directors of the board of public safety ; said board shall elect each year one of its members to act as president, and it shall require a majority of the members of such board to constitute a quorum or to pass any measure which it may enact. Each of said directors of public safety shall receive a salary of Two Hundred and Fifty Dollars ($250.00) per annum, payable monthly. (January 19, 1903.) 95— City Civil Engineer— Maps, charts, etc. Sec. 95. The City Civil Engineer shall have charge of all the engineering and surveying instruments belonging to the city and all public maps, charts, draughts, plans, profiles, surveys, books and papers pertaining to his office and shall cause the same to be correctly recorded in suitable books, provided at the ex- pense of the city, which, together with the field notes of all surveys, shall be carefully preserved in the engineer's office as the property of the City. (June 18, 1906.) 96— Duties of City Civil Engineer. Sec. 96. The City Civil Engineer shall make surveys of all streets, sidewalks, alleys, lanes , market spaces, public grounds, sewers and drains of the City, calculate and ascertain the grade lines and levels thereof, and execute and record such plans, charts, profiles, draughts, estimates and calculations as shall be necessary for a complete record and history thereof, and of the changes and improvements made therein from time to time, and in making such surveys the Engineer shall be guided and governed so far as practicable by the recognized land marks and records in existencxe and by the pro- visions of an ordinance entitled, " An ordinance to establish a City bench mark." He shall make such surveys, plans, draughts and estimates of the public works and improvements as may be required of him by the city council or any committee' thereof, or by the Mayor or City Solicitor for prosecuting or defending any action in which the city is interested, and shall superintend all public works and improvements and see that the same arc properly made. (August 12, i88<>.) CITY OFFICERS 43 97— Reports of intrusions. Sec. 97. He shall report to the city council all intrusions over the line of any street, alley or public ground by building fences or otherwise, which shall come to his knowledge, and it shall be his duty to take cognizance of new buildings being erected on the line of any street, alley or public ground, and ascertain whether or not such building or buildings do encroach upon any of said streets, alleys or public grounds and in all cases of such encroachment, he shall immedi- ately report the same to the city council. (August 12, 1889.) 98— Annual report. Sec. 98. It shall be the duty of the City Civil Engineer to report annually to the City Council on the fourth Monday in March, which report shall give a detailed statement of all city improve- ments for the current year ending on the third Monday of March, done under his direction or supervision, showing the cost of such improvement and the amount paid by the city, and the amount assessed upon the abutting property, together with a detailed statement of all the business of his office and expenses of his department, and such other matters in the way of suggestions or recommendations as to future improvements as he may deem proper. (August 12, 1889.) 99— Not to be interested in contracts. Sec. 99. The City Civil Engineer or his assistants shall not in any way be interested in the profits or payments on any contract, job or work to be performed by, or for the city, or under its direction. (August 12, 1889.) 100— Oath of office of officers. Sec. 100. All said officers shall, before entering upon their duties, take an oath to support the Constitution of the United States and the State of Ohio, and to faithfully discharge the duties of their office. (Febru- ary 26, 1883.) 101— Charges — Issuing and serving of subpoenas. Sec. 1 01. When charges against the members of the City Council or other officers of the corporation, or any other matters that it may deem proper, are being investigated by the council or any committee composed of the members thereof, duly appointed for such pur- pose, the council or such committee, as the case may be, may, 44 REVISED ORDINANCES when in its opinion necessary, issue such subpoenas or com- pulsory process to compel the attendance of persons and the production of books and papers before council or such committee, and such subpoena or cdmpulsory process shall state the time and place for the attendance of such witnesses and the books and papers, if any, that he shall produce, and shall be signed by the President of the Council, if such matter is being investigated by the Council, or the chairman of such committee, if ^uch matter is being investigated by a committee, and by the Clerk of the Council, and shall be issued to the Chief of Police for service, and he shall serve and return the same to the Clerk of the Council in like manner as is provided by law for the service and return of subpoenas in civil actions. 102— Witnesses to attend and answer. Sec. 102. Witnesses so subpoenaed shall attend at the time and place specified in the subpoena and shall continue in attend- ance until excused by the council or such committee, and shall answer all questions pertinent to the matter being investigated, and shall produce such books and papers as demanded by the council or such committee ; and for failure to obey such subpoena, or refusal to be sworn or to answer as a witness, such witnesses shall be proceeded against as for contempt. (March 15, 1900.) CHAPTER XL CITY PRINTING. Section. 103. All city printing to bear union label. 104. Certain provisions, when advertising. Section. 105. To publish ordinances, etc., in certain newspapers, only. 103— All city printing to bear union label. Sec. 103. All printed matter, such as letter-heads, envelopes, blank books (in or upon which printing may occur), receipt books, published proceedings (officially), resolutions, ordinances, ad- vertisements, books, pamphlets and all other printed matter ordered and used by the city, the various departments under its jurisdiction, such as board of elections, mayor, health, sanitary, fire, and all other de- partments where printed matter is used and which is paid for by order of the City Council, shall bear the union label of the International Typo- graphical Union or North America, or its subordinate union, the Canton Typographical Union No. 219, of Canton, Stark County, Ohio. All city printing herein mentioned shall be done only in union offices, and, as far as possible, in the City of Canton, Ohio, and where purchased or ordered printed in cities other than Canton, Ohio, that it be so ordered from, or printed in offices under the jurisdiction of The International Typographical Union or its local subordinate union. (July 15, 1901.) 104— Certain provisions, when advertising. Sec 104. The Clerk of the Council and the proper officers of the various departments and boards under the jurisdiction of the City of Canton, Ohio, when advertising for printing as designated in this ordi- nance, shall insert in each and all such advertisements that all such bids be submitted in accordance with the requirements of this ordinance. 105 — To publish ordinances, etc. in certain newspapers only. Sec. 105 All advertisemens and ordinances, proclamations, notices, etc., as specified above, required by law to be published in any newspaper in said city, shall be published in, and the contract for publishing the same shall be let to such newspapers 46 REVISED ORDINANCES only as are authorized to use the union label of said interna- tional or subordinate typographical union. No newspaper shall be selected by the Council of the City of Canton, Ohio, as an official adver- tising medium of said city, unless such newspaper is authorized by the said Canton Typographical Union, No. 219, to use the said union label. (July 15, 1901.) CHAPTER XII CLAIMS. Section. 106. Detailed accounts required. 107. No accounts referred or paid unless made Section. 108. Cost of publishing ordinances, etc., to be paid by person asking it. 109. Not to be published until costs paid. out as required. 106 — Detailed accounts required. Section 106. In all cases when work or material shall for any pur- pose, be by any person furnished to or for the City of Canton, the, person so furnishing said work or material, or either, shall be required to make out a detailed account of the, items of such labor or materials or both, as the case may be, with the charge of each item set opposite the same. (June 22, 107— No accounts referred or paid unless made out as required. Sec. 1 07., No - bill or account shall be received or referred to any committee for approval, and no bill or account shall be paid or provided for, until the same shall be made to conform to the requirements of this ordi- nance. (June 22, 1874.) 108— Cost of publishing ordinances, etc., to be paid by persons for whose benefit it was passed. Sec. 108. The costs and expenses incurred in the advertising and publication of any and all ordinances, notices, or resolutions passed by the City Council for and in behalf of any private person, persons, company or corporation prior to the first publication of the same. (Sept. 11, 1893.) 109— Not to be published until costs paid. Sec. 109. The Clerk of the Council is hereby authorized and directed not to publish, advertise or cause to be published or advertised any resolution, notice or ordinance as herein provided unless the costs incident to such advertising and publication be first paid to him. (June 18, 1906.) 1874.) CHAPTER XIII. CRIMINAL PROCEEDURE. Section. no. How criminal prosecution instituted and conducted. in. Warrants, Recognizance, Commitment to city prison. Section. 112. Civil action for fine. 113. Ordinances, how enforced. 1 10 — Criminal prosecution, how instituted and conducted. Section no. All ordinances of the city for the violation of which a fine or imprisonment, or both, may be provided, may be enforced by prose- cution before the Mayor, in the nature of a criminal proceeding in the name of the State of Ohio, on complaint of the City of Canton, and shall be instituted upon complaint, upon oath or affirmation, and the style of all processes in such cases shall be "the State of Ohio." (May 18, 1874.) 1 1 1 — Warrants— Recognizance — Commitment to city prison. Sec. in. Upon the filing of such complaint as provided for in the first section of this chapter, warrant shall be issued fo square laying within the following boundaries, to-wit: Commencing at a point in West Tuscarawas Street at the intersection of McKinley Ave- nue with said West Tuscarawas Street ; thence south on McKinley Avenue to its intersection with Seventh Street ; thence eastwardlv along Seventh Street to its intersection with Cleveland Avenue; thence south along Cleveland Avenue to its intersection with Ninth Street; thence eastwardlv along Ninth Street to its intersection with Court Street ; thence north on Court Street to its intersection with Eighth Street; thence east on Eighth Street to its intersection with Market Street ; thence north on Market Street to its intersection with Seventh Street ; thence east on Seventh Street to its intersection with Walnut Street ; thence north on Walnut Street FIRE DEPARTMENT AND FIRES 57 to its intersection with Tuscarawas Street ; thence east on Tuscarawas Street to its intersection with Cherry Street ; thence north on Cherry Street to its intersection with Fourth Street ; thence west on Fourth Street to its intersection with Walnut Street ; thence south on Walnut Street to its intersection with Fifth Street ; thence west of Fifth Street to its inter- section with Piedmont Street ; thence north on Piedmont Street to its inter- section with Fourth Street ; thence west on Fourth Street to its intersection with Dewalt Street ; thence south on Dewalt Street to its intersection with Tuscarawas Street ; thence west on Tuscarawas Street to the intersection of McKinley Avenue. Also the square bounded on the north by Ninth Street, on the east by Market Street, on the south by Tenth Street, and on the west by Court; also the square bounded on the north by Ninth Street, on the east by Piedmont Street, on the south by Tenth Street and on the west by Market Street ; also the square bounded on the north by Eighth Street, on the east by Rex street, on the south by Ninth Street and on the west by Walnut Street ; also the square bounded on the north by Third Street, on the east by Rex Street, on the south by Fourth Street and on the west by Walnut Street ; also the square bounded on the north by North Street, on the east by Market Street, on the south by Second Street and on the west by Court Street, more than ten feet high unless the outer walls thereof shalK be made of iron, stone, brick and mortar or some of them ; it having been determined by Council from the petitions presented thereto that the owners of two-thirds of the ground included in said squares desire same. (March 2, 1903.) 133— Removal of buildings. Sec. 133. The removal of any building contemplated by the next preceding section of this chapter, from any place without the territory de- scribed in said section to any square within said territory or from any place without to another place within said territory shall be held to be the erection of such building within said territory. (April 17, 1893.) 134— Penalty. Sec. 134. Any person who shall violate the provisions of the next two preceding sections of this chapter, shall be liable to a fine of Twenty- 58 REVISED ORDINANCES Five Dollars ($25.00) and costs of prosecution and collection, and any building or addition to any building erected contrary to this ordinance shall be removed under the direction of the Council by the Chief of the Fire Department or by such other person as the council may direct. (April 17. 1893.) FIREMEN'S PENSION FUND. 135— Establishing fund. .Sec. 135. It is hereby declared necessary to establish and there is hereby established a Fremen's Pension Fund for the City of Canton, which shall be administered and distributed by a board of trustees who shall be known as the "Trustees of the Firemen's Pension Fund." Said Firemen's Pension Fund shall be maintained in manner and form as provided in an act of the Legislature of, the\ State of Ohio, passed April 23rd, 1902, and recorded in 95 Ohio Laws, Page 223, and all other laws of the State governing the same. (April 20, 1903.) 136— Composition of Board of Trustees — Duties of Board. Sec. 136. The Board of Trustees of the Firemen's Pension Fund shall consist of the Board of Public Safety hereafter to be appointed and five other persons, members of the Fire Department, who shall be chosen in manner and form as provided by law. The members so chosen shall serve one year, and until their successors are elected and qualified and the election of such members of said board shall be held annually upon the second Monday of February of each and every year. In case of a vacancy among the five members so elected, the remaining members so elected shall chose the successor until the next annual election. The presiding officer of the Board of Public Safety hereafter to be appointed, shall be President of the Board of Trustees of the Firemen's Pension Fund and said board shall appoint one of their number to act as Secretary of said board, whose duty t shall be to keep a full record of all the proceedings thereof. The Board of Trustees of said fund shall invest any moneys received by them in interest bearing bonds of the I faited States, of the State of Ohio, or of any comity, township, school district or municipal corporation in this state, keeping, however, in the city treasury, sufficient money to meet the current charges against said fund. Said board shall make a report ro FIRE DEPARTMENT AND FIRES 59 the Council of the condition of said fund, on the first day of January of each year. Said board shall make all rules and regulations for the distribution of said fund, including the qqualifications of those to whom any portion of said fund shall be paid, and the amount thereof, but no such rules and regu- lations shall be in force until the same have been approved by the Board of Public Safety hereafter to be appointed. (April 20, 1903.) 137— Who are beneficiaries. Sec. 137. All persons now drawing pension or entitled to the same are hereby made beneficiaries in manner provided by law, and shall remain such, receiving such amounts, and subject to such rules as now exist. (April 20, 1905.) 138 — Treasurer of fund. Sec. 138. The City Treasurer shall be custodian of said fund, and shall pay out the same upon the proper order of said board, and said board shall have the power to require said City Treasurer to execute a bond for the faithful performance of his duties with respect to this fund, and in such form as shall be satisfactory to said Board of Trustees. (April 20, 1903.) 139— Duties of present Board. Sec. 139. The Board of Trustees now in orifice and having control of existing funds are hereby recognized as the lawfully constituted Boara of Trustees of the Firemen's Pension Fund and shall serve in connection with the Board of Public Safety hereaftei 1 to be appointed and until their successors are elected and qualified as provided for in section of this chapter and said board as now constituted shall have full power and authority to perform the duties imposed by law. (April 20, 1903.) SALARY, ETC., WHEN DISABLED. 140— To receive salary when disabled. Sec. 140. The Directors of Public Safety are hereby authorized and directed to pay to any fireman disabled in the discharge of his duty, his full regular salary for the period of three months following the receiving of such disability, and for no longer period ; provided that, if said disability shall continue for a shorter period than three months, then in that event any fireman so disabled shall be allowed his full regular salary during the period of such disability only. (January 2, 1905.) 60 REVISED ORDINANCES 141— To have physicians' and surgeon's bills paid, when. Sec. 141. The Directors of Public Safety are hereby authorized and Directed to pay the physicians' and sugeons' bills of any fireman disabled in the discharge of his duty for the period of three months following the receiving of such disability, and for no longer period, provided that if said disability shall continue for a shorter period than three months, then in that event said physicians' and surgeons' bill shall only be paid during the period of such disability. (January 2, 1905.) CHAPTER XVI. GARBAGE AND RUBBISH. Section. 142 Garbage defined. 143. Rubbish defined. 144. Garbage can. Dead animals. 145. Box or barrel for rubbish. 146. Garbage collectors' license. 147. Duties of garbage collectors. Care of cans. 148. Duties of garbage collectors. 149. Garbage districts. Section. 150. Duties of the Board of Health. 151. Price of collection. 152. Garbage collectors' license. 153. Garbage collector to maintain office. 154. Not to mix rubbish, etc. with garbage. 155. Unlawful to deposit rubbish and garbage, where. 156. Penalty. 142— Garbage defined. Sec. 142. The word "garbage" as herein used shall be taken to mean all kitchen refuse, vegetables, meats, dead animals, or anything whatsoever that will or may decompose and become offensive or dangerous to health. (July 20, 1903.) 143— Rubbish defined. Sec. 143. The term "rubbish" as used in this ordinance shall be taken to mean dirt, chips, pieces of lumber, sticks, dead trees or branches thereof, bottles, broken glass, crockery, tins, cast or woodenware, cans, boxes, rags, straw, grass, paper, circulars, hand-bills, boots, shoes, hats or any other litter or trash whatsoever. (July 20, 1903.) 144— Garbage can— Dead animals. Sec. 144. It shall be the duty. of all the owners, tenants or occupants of any property whatsoever to provide themselves with a suitable metal garbage can, or cans, not to exceed ten gallons in capacity, which shall be water tight, shall have a close fitting lid, shall have two handles thereon and shall be placed on the premises owned or occupied by said persons at a place which can be easily reached by the garbage collector. All garbage created or belonging to said persons shall be deposited in said garbage can, which shall be kept tightly covered at all times, and said garbage shall be hauled to the garbage furnace in manner and form, and under the rules and regulations hereinafter provided for; provided, that all dead animals shall be immediately carried or conveyed to said garbage furnace by the owners of such anilmals, and if the owner thereof cannot be ascertained 62 REVISED ORDINANCES within two hours after discovering the same, then and in that event, by the owner or tenant of the premises upon which they may be found. (July 20, 1903.) 145— Box or barrel for rubbish. Sec. 145. It shall also be the duty of all property owners or tenants, occupying any premises, to provide a box or barrel for the reception of any rubbish, the same to be hauled to the city dumping ground by said property owners or tenants, at their own expense. (July 20, 1903.) 146— Garbage collectors' license — Exception. Sec. 146. No person or persons, firm or corporation shall engage in the business of collection and removal of garbage in the City of Canton unless said person or persons, firm or corporation, shall have first been duly licensed by the Mayor of the City of Canton, provided that nothing in this ordinance contained shall be held to prevent any owner, tenant, or occupant of any property from hauling his or its garbage to the City garbage furnace at his or its own. expense ; provided the same shall be done in the can or cans herein stipulated or in water tight iron or steel boxes or tanks mounted on wheels or runners as herein provided ; pro- vided further that the owner, tenant or occupant of any premises shall have the right toj dispose of his or its garbage on the premises where it originates, by burning the same, the method of disposition thereof herein last provided for, to be done without offense to the neighborhood or danger to the public health ; provided further that the Board of Health shall, have power to permit any person or persons to haul garbage to points without the city limits to be used for feeding stock, but without causing a nuisance, the same to be hauled without a license from the Mayor, and in the water tight, iron or steel boxes or tanks mounted on wheels or runners, or in the cans as herein provided, and any producer of garbage shall have the rigth to give the same to such person or persons so hauling the same without the city limits without being liable to the penalties of this ordinance, but no producer of garbage shall be ex- onerated from tin- penalties of this ordinance, except in the instance herein lasl provided. May 1, 1905.) 1 47— Duties of garbage collectors— Care of cans. Sec. 147. All persons, linns or corporations, licensed to engage in collecting and removing garbage, shall for said purpose provide them- GARBAGE AND RUBBISH 63 selves with iron or steel boxes or tanks mounted on wheels or runners, which boxes or tanks shall be made perfectly water tight and be kept so, and securely and tightly covered on top, so as to prevent the contents or any odor escaping therefrom, and the same shall from time to time be thoroughly washed out and disinfected to the satisfaction of the Board of Health. All garbage cans herein provided for to be placed on premises for the reception of garbage, shall by the owner thereof, also be washed out and disinfected from time to time to the satisfaction of the Board of Health. The vehicles herein provided for shall be so loaded and driven that none of the contents shall fall upon the ground, or run out or spill therefrom. All of such vehicles shall have attached thereto on both sides a sign with the words "Licensed Garbage Collector" painted thereon together with the number of said vehicle in bold letters and figures the number herein provided for, to be placed on said vehicle shall be furnished by the Mayor. (May I, 1905.) 148— Duties of garbage collectors. Sec. 148. All persons, firms or corporations licensed to collect gar- bage, shall call once a week throughout the year in their respective district at all places where garbage accumulates, and upon all persons, firms or corporations having garbage as aforesaid, and shall remove promptly and in a cleanly manner all garbage offered in cans as aforesaid, and shall promptly return all cans to the places on the premises at which they were received; provided that all persons, firms or corporations so licensed to collect garbage shall call oftener than once a week if the owner, tenant or occupant of any premises shall so desire ; provided further that said collection may at their discretion discontinue the service for such persons, firms or corporations as may be more than one month in arrears in their payments for such work. All garbage thus collected shall be conveyed by the person, firm or corporation so collecting it at his or its own cost and expense to the city garbage furnace. (July 20, 1903.) 149 — Garbage districts. Sec. 149. For the purpose of collecting and removing garbage there- from, the City of Canton is hereby divided into two districts as follows : All that portion of said city lying east of Market Street shall be known as District No. 1, and all that, portion lying west of Market Street shall be known as District No. 2. (July 20, 1903.) 64 RKVISKD ORDINANCES 150— Duties of the Board of Health. Sec. 150. The collection and removal of garbage as aforesaid shall be conducted under the supervision, direction and control of the Board of Health and in strict conformity with the provisions of this ordinance and of the license herein provided for. (May I, 1905.) 151 — Price of collection. Sec. 151. Trie; price to be charged for the collection and removal of garbage in the City of Canton by licensed collectors thereof shall not exceed the rate of ten cents per standard can of ten gallons or part thereof. (July 20, 1903.) 152— Garbage collectors' license. Sec. 152. Any person or persons, firm or corporation so desiring shall be licensed by the Mayor of the City of Canton to engage in the business of collecting and removing garbage in said city for a period of not to exceed two years from date of said license, upon the payment of a license tax of Fifty Dollars ($50.00) and the giving of a surety company bond in the sum of Two Hundred Dollars ($200.00) conditioned that the said licensee shall collect and remove any garbage offered by any owner, tenant or occupant of any premises, in good, proper and lawful manner and in compliance wth the ordinances of the City of Canton governing the same ; said bond to be approved by the Mayor ; provided however that the Council shall have power to change or terminate the system of gathering garbage herein provided for at any time by the amendment or repeal of this ordinance and in such event said portion of said license fee for the unexpired portion of said term of two years, shall be refunded to said licensee. The license herein provided for shall specifically state the name of the person or persons, firm or corporation securing the same, the number of the district, the length of time for which the license is granted, and the maximum: rate to be charged, and the further provision that said license: may at any time be revoked by the Mayor, upon satis- factory proof that the person or persons, firm or corporation securing the same are violating the provisions of the ordinances of said city, including the provisions of this ordinance and are failing to collect and remove garbage as herein provided; and such license shall also recite that it is issued subject to the provisions of this ordinance. (July 20, 1903.) GARBAGE AND RUBBISH 65 153— Garbage collector to maintain office. ,Sec. 153. It shall be the duty of the person or persons, firm or cor- poration securing a license herein provided for the collection and re- moval of garbage to maintain an office either at the place of residence of said person, firm or corporation, or at some other point within the City limits, with at least one telephone; therein, which said office shall be kept open and in charge of some person from 8:00 A. M. to 4:00 P. M. of each day, except Sundays and legal holidays, for the purpose of re- ceiving calls or the collecting and removal of garbage and the receiving of such information as may be conveyed to said licensee or licensees. (July 20, 1903.) 154— Not to mix rubbish, etc. with garbage. Sec. 154. Xo person, tenant, occupant or owner of any property whatsoever, who shall create garbage, shall place any rubbish, ashes ur cinders or anything but garbage in the can or cans provided for in Section 144 of this chapter, nor shall said persons mix any rubbish, ashes or cinders with any garbage which is to be collected and removed. (July 20, 1903.) 155— Unlawful to deposit rubbish and garbage, where. Sec. 155. It shall be unlawful for any person or persons or officer or officers of any co-partnership or corporation to throw or deposit or cau^e to be thrown or deposited any rubbish or garbage upon any vacant lot, public thoroughfare, street or alley or public property or an> place whatsoever, except the places herein provided for. (July 20, 1903.) 156— Penalty. Sec. 156. Any person or persons, or officer or officers of any co-part- nership or corporation violating the provisions of Sections 144, 145, 146, 147, 148, 151, 152, 154 or 155 of this chapter, shall, upon conviction thereof before the mayor, be fined in any sum not exceeding Twenty-Five Dollars ($25.00) together with the costs of prosecution. (July 20, 1903.) CHAPTER XVII. HOUTZ POOR FUND. Section. 157. Board of Trustees. How appointed and Section. 159. No compensation. Shall invest funds and term of office. 158. Bond. report annually. 160. Funds not to be loaned to trustees. 1 5 7— Trustees— H ow appointed— Te rm . Section 157. The entire control of all monies and securities now on hand and belonging to the fund known as the "Houtz Poor Fund," be and the same is hereby vested in a Board of Trustees, consisting of three resident free holders of said City, to be elected by the City Council by a majority vote of all the members elected, — one of whom shall be elected to serve for three years, one for four years and one for five years, and thereafter, at the expiration of the terms of each trustee the Council shall elect a successor in the manner herein directed, to serve for the term of five years : And all vacancies on said Board of Trustees, by death, removal or resignation shall be filled by the Council by an election for the unexpired term. (February 1, 1892.) 158— Bond. Sec. 158. The members of said Board of Trustees shall each before entering upon their duties give bond to the City of Canton in the sum of Three Thousand Dollars ($3,000.00) conditioned for the faithful discharge of their duties as such trustees, which bond shall be approved by the Council and filed in the office of the City Auditor. (March 28, 1904.) 159 — No compensation— Shall invest funds and report annually. Sec. 159. Said Board of Trustees are hereby authorized and required to take charge of all the property that has been bequeathed to the City Council of said city and to their successors in office in trust by the last will and testament of Jacob Houtz, deceased, said will being dated Sep- tember 25, 1867, and recorded in Will Record 1), Page 164, of the records in the office of the Probate Court of said county, the monies so left to- gether with the net increment thereof shall be kept and maintained as an irreducible interest bearing fund and shall, by said trustees, be invested HOUTZ POOR FUND 67 upon good mortgage security, or in bonds of the United States, or State of Ohio, or the City of Canton. Said fund shall be held by said trustees in trust forever, and the interest arising therefrom, shall by said trustees be turned over annually to the Treasurer of said city. The Secretary of said Board of Trustees shall take a receipt therefor signed by the Treas- urer of said city, and file the same in proper order. The interest so turned over annually to the Treasurer of said city shall at all times be subject to the order of the Canton Association of Charities, a corporation of the State of Ohio, with its principal offices at Canton, Ohio, to be paid out for the benefit of the poor of said city, only, and by order of the Board of said Associated Chanties, said order to be signed by the President and Secretary of said corporation. Said Board of Trustees shall file annually with the Council on the first day of January in each year, a full report showing the condition of said fund. Said Board of Trustees shall serve without compensation. (March 28, 1904.) 160— Funds not to be loaned to trustees. Sec. 160. No part of said fund shall belong to any one of said Trus- tees and all investments of said fund which may be made by said board shall be at as high a rate of interest as can reasonably be secured. (March 28, 1904.) CHAPTER XVIII HUCKSTERS AND PEDDLERS. Section. Section. 161. Hawkers and peddlers to procure license 163. License fee. from Mayor. 164. Penalty. 162. Not transferable without permission from 165. Mayor's fees. Mayor. 161 — Hawkers and peddlers to procure license. Section 161. No hawker or peddler shall sell or offer for sale am goods, wares, or merchandise, or any article of value, within the limits of the City of Canton, Ohio, without first obtaining from the Mayor of said city a license therefor. (October 28, 1895.) 162— Not transferable without permission from Mayor. Sec. 162. No license granted or issued under any of the provisions of this ordinance, shall be in any manner assignable or transferable, or shall authorize any person other than is therein mentioned or named to do business, or shall authorize any other business than is therein mentioned or named to be done or transacted, or the business therein named or mentioned to be done or transacted at any place other than is therein men- tioned or named, without permission from the Mayor of said city endorsed thereon, and the Mayor shall, at the time of granting such permission, immediately record such change upon the proper register. Every such lincense shall specify, by name, the person, firm or cor- poration to whom or which it shall be issued, and shall designate the par- ticular place at which the business shall be carried on. (October 28, 1895 ) 163— License fee. Sec. 163. All peddlers or hawkers of produce, goods, wares or mer- chandise from vehicles drawn or propelled by animals, steam, or electric power shall pay a license fee as follows : For an annual license, which shall entitle said peddler or hawker to do business for a period of one year from the date of the issuance (hereof, the sum of $25.00, which amount shall be payable at the time the appli- cation for said license is made; for a semi-annual license which shall entitle HUCKSTERS AND PEDDLERS 69 said hawker or peddler to do business for a period of six months from and after the date of the issuance thereof, the sum of $15.00, which amount shall likewise be payable at the time the application thereof is made ; and for a daily license said peddler or hawker shall pay the sum of $1.00 for each and every day, and the license so issued shall entitle said peddler or hawker to do business for a 1 , period of one day only, and said sum of $i.oq per day shall be paid at the time the application for said license is made. The peddlers or hawkers of produce, goods, wares, or merchandise from vehicles not drawn or propelled by animal, steam, or electric power, shall pay a license fee as follows : For an annual license, as above described, the sum of $15.00; for a semi-annual license, the sum of $10.00; and for a daily license the sum of fifty cents per day, which various sums shall be paid as and in the manner above provided, and shall entitle the holder thereof to do business for said period only. Provided the provisions of this ordinance shall not be so construed as to require the owner of any product of his own raising, or the manu- facturer of any article manufactured by him, to procure license to vend or sell in any way, by himself or agent, any such article or product ; and provided further that the provisions of this ordinance shall not be con- strued to apply to children under the age of fifteen years, who peddle fruits, nuts, cakes, candies, or refreshments, or venders of newspapers , provided they do not occupy a stand on any street or public ground in the city. (October 28, 1895.) 164— Penalty. Sec. 164. Whoever violates any of the provisions of the next three preceding sections of this ordinance shall upon conviction be fined not less than three dollars ($3.00) nor more than ten dollars ($10.00), and the Mayor, may, if he so deems best, revoke the license theretofore issued to such parties, and for a second or any subsequent offenses, shall be fined a like amount or imprisoned in the workhouse for any period not exceeding thirty days, or both, at the discretion of the Mayor. (October 28, 1895 ) 165— Mayor's fee. Sec. 165. For each license issued under the provisions of this ordi- nance the Mayor shall collect a fee of twenty-five cents to be paid by the person applying therefor. (October 28, 1895.) CHAPTER XIX. JURIES. Section 166. Selection and drawing of jurrors. 167. Proceedings on failure to select at time named. 168. In criminal cases. 169. Challenges. Section. 170. Challenges. 171. Filling panel. 172. Special venire. 173. Presence of accused or attorney at drawing. 166— Selection and drawing of jurrors. Section 166. On the first Monday of May, yearly, the Mayor and President of the City Council shall select one hundred names of residents of the city having the qualifications of jurors in the Court of Common Pleas and Justice Courts, equally distributed as near as may be among the wards of said city according to the population ; and names shall be written on separate strips of paper and placed in a box, which box shall have all names which may be therein taken therefrom before placing new names therein, to be kept by the Mayor, and if during any year the names in said box shall be reduced to less than twelve, the Mayor and President of; the Council shall again select and place in such box a like number of na/mes as hereinbefore provided, after all the names remaining in such box have been taken therefrom. (February 6, 1882.) 167— Proceedings on failure to select at time named. Sec. 167. If the Mayor and President of the Council in any year fail to select such names and place them in a box as provided by the first section of this chapter at the time therein required, the same may be done by them at any time thereafter. (February 6, 1882.) 168— In criminal cases. Sec. 168. When any person or persons accused of a violation of any ordinance of said city, of misdemeanor against the laws of the State of ( )hio, and not pleading guilty thereto, shall not waive a trial by jury, before the trial of such person or persons has commenced, the Mayor shall draw from the box provided for by the first section of this chapter twelve names, and shall issue a summons for the persons whose names are so drawn to appear as jurors for the trial of such person or persons, and JURIKS 71 such summons shall by the Chief of Police be served personally, or at their usual place of residence in the manner provided by law for the sum- moning of jurors by the Justice of the Peace, and return shall be made of such service. (May 2, 1903.) 169— Challenges. Sec. 169. The prosecution may peremptorily challenge two of the panel, and each person or persons so charged with violation of any ordi- nance of said city, or misdemeanor against the laws of the State, shall be entitled to challenge two of the panel peremptorily. (February 6, 1882.) 170— Challenges. Sec. 170. If any juror or jurors be peremptorily challenged, or, if upon inquiry, any such jurors be found incompetent for good cause shown, and upon challenge therefor by either the prosecution or any of the ac- cused, such juror or jurors so challenged, either peremptorily or for cause, shall be excused by the Mayor. The grounds for challenge for cause shall be the same as those in the Court of Common Pleas. (February 6, 1882.) 171— Filling panel. ,Sec. 171. If any person summoned as hereinbefore provided, shall fail to appear, or be peremtorily challenged, or be challenged upon inquiry for cause, the panel shall be filled by the Chief of Police or other officer appointed by the Mayor to attend Mayor's court at the time from the bystanders as panels are filled in the Courts of Comimon Pleas, unless be- fore such panel is filled, either party demand that such panel be filled as in the following section herein provided. (June 18, 1906.) 172— Special venire. Sec. 172. In case the panel is not filled by such juror or jurors failing to attend, or being challenged peremptorily or for cause ; upon demand to the Mayor by either the prosecution or the person or persons so charged with such violation of any ordinance of said city, or misdemeanor against the laws of the State of Ohio, before the Chief of Police or attending officer of the Mayor's court shall have filled the panel from the bystanders, a special venire shall issue for as many men as in the judgment of the Mayor shall be necessary to fill the panel as talesmen, and thereupon the Mayor shall draw from the box provided for in section 166 of this chapter, as many names as in his judgment will be necessary to fill the panel to serve as talesman or talesmen, and he shall thereupon issue a summons for 72 REVISED ORDINANCES the persons whose names are so drawn to appear as jurors for the trial of such person or persons, commanding them to appear forthwith, and shall be served as provided for on section 168 of this chapter, for serving the regular jury in such case. (June 18, 1906.) 173 — Presence of accused or attorney at drawing. Sec. 173. The person or persons so accused of such violation of any city ordinance of this city or misdemeanor against the laws of the State of Ohio, shall have the right and privilege to be present either in person or by attorney at the drawing of such jury and at the drawing of such special venire. (February 6, 1882.) CHAPTER XX MARKETS. Section. 174. Market house and grounds. Market days. 175. Hours. Articles not to be re-sold. 176. Market places. 177. Weights and measures. Forfeitures. 178. Unsound meats and vegetables, etc. 179. Cleaning, etc. Section. 180. Shall not deposit filth, etc. Injuries to market house. 181. Must not obstruct entrance or aisle. 182. Standards and tests. 183. Duties of Marketmaster. 184. Duties of Marketmaster. 185. Penalty. 174— Market house and grounds. Market days. Section 174. The market portion of the building known as the Market House and Auditorium Building of the City of Canton together with all the sidewalks surrounding said building between the central entrance on the south side thereof ; thence east to Court Street ; thence north to Second Street, and thence west to the central entrance on the north side of said building, all of Third Street between a line drawn at right angles to the central entrance on the south line of said building and the east line of Court Street ; Court Street between the south line of Third Street and the north line of Second Street, and Second Street between the east line of Court Street and a line drawn at right angles to the central entrance of said building, be and are hereby declared a public market place and grounds. The minimum rent to be charged for stalls in said market house shall be as follows : Stalls numbers 4, 8, 9, 13, 23, 24, Seventy-Five Dollars ($75.00). Stalls numbers 1, 2, 3, 5, 6, 7, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 27, 28, 29, 30, Sixty Dollars ($60.00.) Stalls numbers 21 22, 25, 26, Fifty Dollars ($50.00). The minimum rent to be charged for side walk stands outside said Market House shall be Two Dollars ($2.00) per month for ten feet along the wall of the building by six feet in depth, and the same rates for standing vehicles against the curb. No stall or market space shall be rented for a shorter period than six months, nor for a longer period than one year at a time. All renters of outside space shall not put up any stand or stall that is not approved 74 REVISED ORDINANCES by the Board of Public Service and such stands or stalls shall not be allowed to remain thereon outside of market hours. Prior to the opening of said Market House for market purposes, the Board of Public Service shall cause said stalls and stands to be offered at public auction and disposed of to the highest responsible bidder at not less than the aforeaid minimum prices. (January 16, 1905.) 175 —Articles not to be re=so!d. Sec. 175. No provisions or other articles whatever shall be sold in the Market House or upon the market space, on days of market before market hours. Nor shall any person purchase or engage to purchase within the Market House, or space, during the market hours any article for the purpose of reselling the same. (March 24, 1884.) 176— Market place. Sec. 176. It shall be unlawful for any person having articles of marketing for sale to obstruct or otherwise occupy any public street, alley or public ground in the city for such sale unless the same shall have been dedicated by the Council as a market ground or space ; provided, that if the market ground space so dedicated is inadequate to accommo- date market men and teams, it shall be lawful for them to stand upon and occupy the streets and alleys contiguous to said market grounds or place under the direction of the Marketmaster ; provided, that nothing in this section contained shall be so construed as to prohibit any farmer or pro- ducer from selling at any time within the corporation during market hours any article of provision or vegetables grown or produced by him. (March 24, 1884.) 177— Weights and measures. Sec. 177. All weights and measures used in the market aforesaid shall conform to the standard fixed by the State, and when required shalt be tested by the Marketmaster or some one authorized by him, and any butter or other article or articles of any kind or character sold or offered for sale in the Market House, or any stand or stall therein or upon the market place, which shall not be of full standard weight or measure shall be forfeited to the icity and sold by the Marketmaster, and the proceeds thereof paid into tlie City Treasury; and it shall be unlawful for any person or persons to sell or offer for sale any article or articles of short weight or measure as aforesaid, or to sell any article or dry measure in any MARKETS 75 flowing or wine measure, whether by pint, quart, or other contents. (March 24, 1884.) 178— Unsound meats and vegetables. Sec. 178. It shall be unlawful for any person or persons to sell or offer for sale in this city any calf cinder four (4) weeks old or the meat thereof, or any unwholesome, stale, blown, tainted, decayed or unsound meat, fish, eggs, poultry, butter, or meat of any animal overheated or run down at the time, or before the same was slaughtered, or which died a natural death, or was killed by any other means than the usual means of slaughtering animals for food ; and it shall be the duty of the Market- master of the markets to seize and destroy all such unwholesome pro- visions enumerated in this section, in addition to the penalty affixed for a violation of this chapter. (March 24, 1884.) 179 — Cleaning, etc. Sec. 179. Within one hour after the closing of the markets every market man shall cause his provisions and vehicles, if he have any, to be removed from the Market House or space, and his bench or stand to be thoroughly cleaned, and all animal and vegetable rubbish and offal to be removed from the Market House or space, and such butcher shall cause his tables, meat blocks and other fixtures to be thoroughly scraped and cleaned. (March 24, 1884.) 180— Shall not deposit filth, etc.— Injuries to market house. Sec. 180. It shall be unlawful for any person to throw or deposit any animal or vegetable offal, filth, meat, dead animal or fowl, fish or any noisome substance in said Market House or space or post bills on or break, injure or in any manner deface; any parts of said Market House. (March 24, 1884.) 181 — Must not obstruct entrance or aisle. Section 181. Any person occupying a stand or stall at the Market House who shall place or cause to be placed or the same being his property, permits any barrel, box, basket, bench, shelf or any other matter or thing at or near any entrance to said market house, so as to obstruct or interfere with such entrance or cause the aisle leading to such entrance tci be of less width than such entrance, or place in such manner as to in any way obstruct the windows thereof, shall upon conviction thereof 7b REVISED ORDINANCES before the Mayor be fined in any sum not less than One Dollar ($1.00) nor more than Twenty-Five Dollars ($25.00) and costs. No license will be granted to exceed a year and no person shall be permitted to sell anything" in said market place without a license. The days and hours of keeping the market place open, together with other regulations shall be left to the Board of Public Service, and said board shall have power to establish and from time to time alter or repeal regu- lations for the government of the market, which shall be printed and posted in a conspicuous manner in the Market House. (January 16, 1905.) 182— Standards and tests. Sec. 182. The Marketmaster shall keep at some convenient place, all necessary implements for weighing or measuring duly stamped and certi- fied by the sealer of weights and measures of said city, and with whom he shall, whenever he may deem it necessary or be requested so to do, test all suspected weights and measures belonging to the Market House, and in his charge, to be used for any other purpose than those specified in this chapter. (March 24, 1884.) 183— Duties of Marketmaster. Sec. 183. The Marketmaster shall enforce all the provisions ,'cf city ordinances, and all orders and resolutions of Council relating to markets ; and shall have general supervision of said markets ; arrest and remove therefrom all persons guilty of disorderly conduct, and all persons failng! to obey the legal orders of such officer ; and assign positions to persons attending said markets having neither stand nor stall ; arrange wagons or other vehicles in such manner as best to accommodate buyers and sellers, and may remove therefrom any wagon or other vehicle brought to or kept in said market space contrary to his legal order or the ordi- nances of the city. (March 24, 1884.) 184— Duties of Marketmaster. Sec. 184. It shall be the duty of the Marketmaster to sweep or cause to be swept the Market House, and (ait side walks and space before eacn market day. and the Market Mouse washed at least once a week. He shall keep the Market House and space clean and in good order. He shall announce in loud and distinct voice or tone the opening and closing of the markets, and shall monthly report to the Council and pay into the City Treasury all moneys received by him from any source whatever, and per- MARKETS 77 form such other duties as may now or hereafter be devolved on him by any resolution or ordinance of the City Council, and to better enable the Marketimaster to perform his duties efficiently, he shall possess police powers in all matters appertaining- thereto ; and no smoking' shall be allowed in the Market House during market hours. (March 24, [884.) 185— Penalty. Sec. 185. Any person violating any provisions or either of them contained in this chapter or resisting- or interfering with said Marketmaster in the discharge of his duties, shall on convction thereof before the Mayor, be fined in any sum not less than one nor more than twenty-five dollars and costs, or be imprisoned in the city prison not more than thirty (30) days, or both, at the discretion of the Mayor. ( March 24, 1884.) CHAPTER XXI. MISDEMEANORS. Section. 186. Disturbing public peace. Penalty. 187. Penalty for second offense. 188. Unlawful obstruction of sidewalks, etc. Penalty. 189. Marshal's duty. 190. Gate swinging upon or across streets, etc. 191. Penalty. 192. Placing tacks, etc. on streets and side- walks. Penalty. 193. False fire alarms. Penalty. 194. Disturbing peace by loud outcries. Penalty. 195. Insulting language by boys. 196. Disturbance by boys. 197. Boys on streets at night. 198. Penalty. 199. Arrest of boys. 3oo. Children on streets at night. 201. Duty of police. 20?. Duty of Parents. Penalty. 203. Children using cigarettes. Penalty. 204. Jumping on street cars in motion. 205. Penalty. 206. Disturbing peace. 207. Broils. 208. Disorderly conduct. 209. Abusing family. 210. Provoking breach of peace. 211. Penalty. 212. Persons on "Black List'' not to enter saloons 213. Penalty. 214. Minor not to enter saloon. 215. Minor not to drink or purchase liquor. 216. Penalty. 217. Vagrants, beggars, etc. 2:8. Obscene books, papers, etc. 219. Penalty. 220. Selling on Sunday. 221. Intoxication. 222. Disorderly houses. 223. Disorderly houses. 224. Penalty. 225. Suspicious persons defined. 226. Penalty. 227. Bathing in creeks. 228. Penalty. 229. Loitering. 230. Penalty. 231. Duty of police. 232. Assault and battery. Penalty. 233. Resisting officer. Penalty. 234. Molesting or insulting females. Penalty. 235. Pickpockets. Penalty. 336. Use of firearms. Penalty. Proviso. Section. 237. Indecent exposure. 238. Penalty. 239. Houses of ill-fame. 240. Residing in. 241. Penalty. 242. Vagranc}'. Penalty. 243. Imprisonment. 244. Labor. 245. Disfiguring buildings. Penalty. 246. Destroying trees, shrubbery, etc. Penalty. 247. Hitching horses to trees. Penalty. 248. Disturbing grave stones, etc. Penalty. 249. Destroying signs, gates, etc. Penalty. 250. Entering barn, etc. 251. Sticking bills. 252. Marking buildings. 253. Penalty. 254. Posting obscene or indecent pictures. 255. Penalty. 256. Protection of fair grounds. 257. Penalt}'. 258. Protection of lights. 259. Penalty. 260. Placing solids or liquids on uninclosed grounds. Proviso. 261. Penalty. 262. Steam railroad obstructing street or alley. 263. Penalty. 264. Interference with City Engineer. 265. Speed in streets. 266. Hitching horses. 267. Processions, etc. 268. Right of way for processions. 269. Skating and sliding in streets. 270. Lighting building material, etc. in streets. 271. Stopping or standing on crosswalks. 272. Flying kites and playing ball. 273 Obstruction of street by railroad cars. 274. Penalty. 275. Obstruction in streets and public places. Penalty. 276. Hauling earth, etc. on streets. 277. Penalty. 278. Prohibiting planting Lombardy poplars. 279. Penalty. 280. Destroying or removing pavement, etc. 281. Hauling gravel, sand, etc. on streets. 282. Penalty. 283. Permit to lay gas pipes, streets not to be torn up at certain times. 284. Throwing rubbish, etc. into Shriver's rim. Penalty. 285. To cut weeds, etc. Penalty. 286. I nterferiug with fire department. Penalty MISDEMEANORS 186— Disturbing public peace— Penalty. Section 186. If any person, or persons shall at any time, disturb the peace of said city by disorderly conduct, righting or wrangling, threaten- ing violence to the person or property of others, riot, tumult, lascivious, obscene, profane or scandalous language, or immoral conduct by the frndecent exposure of his, her or their persons, in said city, such person or persons shall, on conviction thereof before the Mayor, be fined in any sum not exceeding fifty dollars and the costs of prosecution, or be im- prisoned at hard labor not exceeding fifteen days, or by such fine and imprisonment both, at the discretion of the Mayor. (August 30, i860.) 187— Penalty for second offense. Sec. 187. If any person or persons, having been once convicted of any of the offenses named in the next preceding section shall be convicted of a repeated willful commission of the same offense, such person or persons shall be fined in any sum not exceeding one hundred dollars and be imprisoned at hard labor, not exceeding thirty days ; and if such person or persons shall refuse or neglect to pay the fine imposed, and costs of prosecution , he or they shall, by the order of the Mayor, be committed !to imprisonment at hard labor until such fine and costs shall be thereby paid, or the party be discharged by due process of law. (August 30, i860.) 188— Unlawful obstruction of sidewalks, etc.— Penalty. Sec. 188. It shall be unlawful for persons to assemble or congregate upon any of the sidewalks or public highways, or to stand or sit about the corners of any of the streets, alleys, or on the sidewalks of this city, unless detained for some lawful purpose, to the obstruction of the same for a free and convenient passage of persons who are lawfully passing along any of said streets, alleys or sidewalks ; and any person or persons who shall be guilty of so assembling or congregating on any of said streets, alleys or sidewalks, and there remaining or continuing, so as to obstruct the free juse of the same, unless upon some lawful business or occasion, or shall interrupt, annoy, or insult by word or act, any person or persons lawfully passing along any of said streets, alleys , or sidewalks, shall on conviction thereof pay a fine not exceeding five dollars and costs of prosecution, or be imprisoned not exceeding five days, or both, at the discretion of the Mayor. For every repetition of the offense it shall be lawful for the Mayor, on conviction ,to sentence every such person or persons to pay a fine not 80 REVISED ORDINANCES exceeding ten dollars and the costs of prosecution, and to be imprisoned at hard labor until such fine and costs be paid, or the party be discharged by due process of law. (August 30, i860.) 189— Chief's duty. Sec. 189. It is hereby made the duty of the Chief of Police to en- force the provisions of section 188 of this chapter and if he shall see or shall be notified of the violation of any of the provisions of said section, by any person or persons, it shall be his duty to order such persons to disperse and leave the passage unobstructed, or in case such person or persons or any of them, shall j neglect or refuse to obey the; order of the Chief of Police, he} shall immediately arrest such person or persons sg refusing to obey his order, and take him or them, or any of them, betore the Mayor, to be punished 'according to the provisions of the next preceding section. (June 18, 1906.) 190— Gate swinging upon or across street, etc. Sec. 190. It shall be unlawful for any owner or occupant of any land, lot or part of lot, bounding and abutting upon any streets, alleys, or public way or grounds, within the City of Canton, Ohio, to permit any gate situated upon such land ; lot or part of lot, to swing upon or across such street, alley, public way or ground, except for such length of time as shall be necessary for ingress and egress, and at all other times such gates shall be properly closed. (Oct. 26, 1896.) 191— Penalty. Sec. 191. Any person violating any of the provisions of the foregoing- section, shall be deemed guilty of a misdemeanor, and upon conviction thereof before the Mayor, shall be fined in any sum not less than One Dollar '($i.oo), nor more than Ten Dollars ($10.00) together with the costs of prosecution. (October 26, 1896.) 192— Placing tacks, etc. on streets and sidewalks — Penalty. Sec. 192. Whoever places or causes to be placed in or upon any avenue, street, sidewalk, alley, road, highway or other public place: any lack, nail, piece of iron, pieces of wire or broken wire, broken glass, bottle, briar, thorn, or other substances dangerous to bicycle tires, except such substances as may be placed on any avenue, street, sidewalk, alley, road, highway, or other public place by proper authority for the repair or construction of the same, which may injure, cut or puncture any pneu- MISDEMEANORS 81 matic tire, shall upon conviction thereof before the Mayor of said city, be fined in any sum not exceeding Fifty Dollars ($50.00) and pay the costs of prosecution. 193— False fire alarms— Penalty. Sec. 193. If any person or persons shall willfully and falsely give an alarm of fire within the limits of the city, when there is no visible sign oi conflagration within said limits, by uttering a cry of fire, or any other sound which may be understood and taken to be an alarm of fire, such person or persons shall be deemed guilty of disturbing the peace and good order of the city, and shall, on conviction thereof before the Mayor, be fined in any sum not exceeding fifty dollars nor less than five dollars and the costs of prosecution, or be imprisoned at hard labor not exceeding fifteen days, or both, at the discretion of the Mayor. (February 11, 1861.) 194— Disturbing public peace by outcries, etc.— Penalty. Sec. 194. Any person or persons who shall at any time be guilty oi making outcries and noises in the city, or any part thereof, not warranted by any lawful business or occasion, and shall thereby annoy the citizens and disturb the quiet of any neighborhood, shall be deemed guilty of disturbing the peace and good order of the city, and on conviction thereof before the Mayor, shall be fined in any sum not exceeding ten dollars nor less than two dollars and costs of suit, or be imprisoned not more than five days nor less than one day, at the discretion of the Mayor. (February n, 1861.) 195— Insulting language by boys. Sec. 195. It shall be unlawful hereafter for any boy under the age of fifteen and over the age of five years to be found using any insulting or obscene language against any adult person within the city limits. (November 13, 1862.) 196— Disturbances by boys. Sec. 196. It shall be unlawful for any boy between the ages named in section 195 of this chapter to be found yelling, screaming, hooting, swearing, cursing, quarreling, fighting, or in any other manner creating a noise or disturbance by any disorderly conduct or calling an adult person or persons improper names, or in any other manner insulting or abusing any male or female person within the city limits. (November 14, 1867.) 82 REVISED ORDINANCES 197— Boys on streets. Sec. 197. It shall be unlawful for any boy between the age of five and fifteen years, to be found one hour after sunset on any of the streets, alleys, sidewalks, or other places of public resort within the city limits, except he be engaged in a becoming manner in the discharge of proper duties, authorized by his parents, guardian, or employer, and not merely found passing away his time in a useless and idle manner. (November 13, 1862.) 198— Penalty. Sec. 198. For each and every violation of any of the provisions of sections 195, 196 and 197, any boy found so offending shall pay a fine of not more than ten and not less than one dollar, and pay costs of prose- cution, and be imprisoned until fine and costs are paid, or be imprisoned for a period of not less' than five hours and not more than forty-eight hours, or be fined and imprisoned as aforesaid at the discretion of the Mayor. (November 13, 1862.) 199— Arrest of boys. Sec. 199. The Chief of Police or any other officers of the city police, shall have full power, and it is hereby made their duty, to arrest without process any boy or boys between the ages heretofore specified found violating any of the provisons of section 195, 196 and 197. (June 18, 1906.) 200— Children on streets at night. Sec. 200. It shall be unlawful for children under sixteen years of age to be found in or upon any of the streets, alleys' or public grounds of the City of Canton, Ohio, after 8:00 o'clock P. M. between the 1st day of December and the 1st day of April following, or later than 9:00 o'clock P. M. between the 1st day of April and the 1st day of December following, unless such child or children be accompanied by its parent or guardian or shall have a written statement dated that day and signed by such parent or guardian, stating that such child is on an errand of emergency or ne- cessity. (August 7, 1899.) 201— Duty of police. Sec. 201. Any such child, except it be accompanied by parent or guardian, or bearing a written statement as hereinbefore provided, found in or upon any of the streets, alleys or public grounds of said city after the hours above Specified shall be warned by any police officer to go MISDEMEANORS 83 immediately to its home, and if, after such warning said child shall refuse or neglect to go to its home or be found loitering on the streets, alleys or public grounds of said city, such child shall be taken by such police officer to its home and given into* charge and custody of its parent or guardian. (August 7, 1899.) 202— Duty of parents — Penalty. Sec. 202. Should any child habitually violate the provisions of this ordinance the Mayor of said city shall, upon information to the facts, notify, in writing, the parent or parents of such child, and in case such parent or parents permit such child to continue in the violation of the provisions of the next two preceding sections of this ordinance, he shall upon conviction thereof be fined in any sum not exceeding five ($5.00; dollars. (August 7, 1899.) 203— Children using or having cigarettes — Penalty. Sec. 203. Any minor under 16 years of age, who shall be found within the corporate limits of the City of Canton, Ohio, using or having in his possession any cigarette or cigarette wrapper or any substitute for either, or any cigar or tobacco, shall upon conviction thereof before the Mayor of said city, be fined in any sum not more than Five ($5.00) Dollars, any pay the costs of prosecution and be imprisoned until fine and costs are paid. (Dec. 6, 1897.) 204— Jumping on street cars. Sec. 204. It shall be unlawful for any person or persons between five and eighteen years of age to get on or attempt to get on or cling to any street railway car or car in the City of Canton, Ohio, while said car or cars are in motion. (March 11, 1895.) 205— Penalty. Sec. 205. Any person or persons violating the provisions of the pre- ceding section shall be finel in any sum not exceeding Twenty-five ($25.00) Dollars at the discretion of the Mayor. (March 11, 1895.) 206 — Disturbing peace. Sec. 206. No person in said city shall disturb the peace and good order or quiet of the city by clamor and noise in the night season, or by intoxication, drunkenness, fighting, or by using obscene or profane language in the streets or other public places of the city, to the annoyance of its citizens. (May 14, 1874.) 84 REVISED ORDINANCES 207— Broilers. Sec. 207. No person in said city shall create or take part in any tumult, broil or quarrel, or loud or angry controversy whereby the peace of the city shall be violated. (May 14, 1874.) 208— Disorderly conduct. Sec. 208. No person in said city shall violate the peace and good order thereof by any loud or lascivious behavor, or by any indecent or disorderly conduct. (May 14, 1874.) 209— Abusing family. Sec. 209. No person in said city shall abuse his or her family, or any member thereof, by inflicting personal violence or by other gross abuse. (May 14, 1874.) 210— Provoking breach of peace. Sec. 210. No person in said city shall willfully do any act or use any language with intent to provoke a breach of the peace of said city. (May 14, 1874.) 211— Penalty. Sec. 211. Any person found guilty of violating any of the next pre- ceding five sections of this chapter shall suffer and pay a fine of not more than thirty dollars, or be imprisonel not more than thirty days, or shall suffer both fine and imprisonment, at the discretion of the court ; but for a second offense against any such section such imprisonment may be for ninety days or less. (May 14, 1874.) 212— Persons on " Blacklist " not to enter saloons. Sec. 212. It shall be unlawful for any person, on account of whose intoxication, habitual or otherwse, notice has been given as and in the manner provided for in section 4358 of the Revised Statutes of the State of Ohio, as amended April 23rd, 1898, from and after five days from the date of the giving of such notice to enter any saloon, room or place within the corporate limits of the City of Canton, Ohio, where intoxicating liquors are dispensed, sold or offered for sale, and there drink, or purchase, or attempt to purchase any intoxicating liquors ; or to enter or frequent such saloon, room or place where intoxicating liquors are sold or dispensed or offered for sale, other than for the purpose of transacting lawful and legitimate business with the owner, proprietor or manager thereof. (May 16, [898.) MISDEMEANORS 85 213— Penalty. Sec. 213. Any person who shall violate any of the provisions of the foregoing section shall be deemed guilty of a misdemeanor, and upon con- viction thereof before the Mayor, shall for the first offense be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), or imprisoned in the workhouse for not less than ten (10) days, nor more than thirty (30) days, or both ; and for the second or any subsequent offense such person shall upon conviction thereof before the Mayor, be fined in any sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), and be imprisoned in the workhouse not less than ten (10) days nor more than ninety (90) days, and shall in all cases pay the cost of prosecution. (February 1, 1897.) 214 — Minor not to enter saloon. Sec. 214. It shall be unlawful for any male person under the age of twenty-one (21) years, or for any female person under the age of eighteen (18) years, to enter or frequent any saloon room or place within the cor- porate limits of the City of Canton, Ohio, where intoxicating liquors art drank, dispensed, sold, or offered for sale, except such person on his or her own behalf, or on behalf of the parent, guardian or employer of such person, shall enter or frequent such saloon, room or place for the purpose of transacting lawful and legitimate business with the owner, proprietor or manager thereof. (February 1, 1897.) 215— Minor not to drink or purchase liquor. Sec. 215. It shall be unlawful for any male person under the age of twenty-one (21) years, and for any female person under the age of eighteen (18) years, who shall enter or frequent any saloon, room or place within the corporate limits of the City of Canton, Ohio, where intoxi- cating liquors are drank, dispensed, sold, or offered for sale, for the pur- pose of transacting business as provided in the foregoing section, to drink, purchase or attempt to purchase for him or herself, or others, or give to others any intoxicating liquors ; and it shall also be unlawful for the owner or proprietor of such saloon, roohn or place where intoxicating liquors are drank, dispensed, sold or offered for sale, or for the manager, agent, or clerk of such owner or proprietor to give or offer for sale any intoxicating liquors to such person. (February 1, 1897.) 86 REVISED ORDINANCES 216— Penalty. Sec. 216. Any person who shall violate any of the provisions of the next two preceding - sections of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof before the Mayor, shall, for the first offense be fined in any sum not less than five dollars nor more than twenty-five dollars, or imprisoned in the workhouse foi not less than ten days nor more than thirty days, or both ; and for the second or any subsequent offenses such person shall, upon conviction thereof before the Mayor, be fined in any sum not less than ten dollars nor more than fifty dollars, and be imprisoned in the workhouse not less than ten days nor more than ninety days, and shall in all cases pay the costs of prosecution. (February 1, 1897.) 2 17— Vagrants, beggars, etc. Sec. 217. If any person shall be found guilty of being a vagrant, a common street beggar, a common prostitute, an habitual disturber of the peace, or of being a known pickpocket, gambler, watch stuffer, ball game player, or shall be found to be one who practices any trick, game or device, with intent to swindle, such person shall suffer like fine and imprisonment, or both, as is provided in section 211. (May 14, 1874.) 218— Obscene books, papers, etc. Sec. 218. The sale and exposure for sale within the corporate limits of said city, of books, papers and periodicals of an obscene or immoral nature, that tend to corrupt the minds of the young, be and the same are hereby prohibited. But nothing in this secton shall be construed to affect the sale and exposure for sale of standard medical books, pamphlets, and periodicals, or any other books, pamphlets and periodicals of a useful scien- tific nature. (July 27, 1885.) 219— Penalty. Sec. 219. Any person or persons found violating any one of the provisions mentioned in the section next preceding, shall, upon conviction before the Mayor of said city be fined not more than fifty dollars or im- prisoned in the prison of the city not more than thirty days or both at the discretion of the Mayor, and pay the costs of prosecution. (July 27, 1885.) 220— Selling on Sunday— Penalty. Sec. 220. The sale of intoxicating liquors, whether distilled, malt or vinous, on the first day of the week, commonly called Sunday, except by MISDEMEANORS S7 a regular druggist on the written prescription of a regular practicing physician, for medical purposes only, is hereby declared unlawful, and all places where such intoxicating liquors are on other days sold, or exposed for sale, excepting regular drug stores, shall on that day be closed, and whoever makes such sale, or allows any such place to be opened or remain open on that day, shall upon conviction before the Mayor be fined in any sum not exceeding One Hundred ($100) Dollars or be imprisoned not ex- ceeding thirty (30) days or both, in the discretion of the Mayor. (March H> 1895.) 221— Intoxication. .Sec. 221. Any person who shall in this city be found in a state of in- toxication in any street, highway, or other place, in any public hall, lecture, church, concert or ball room, or in any hotel, saloon, grocery, or boarding house, shall, on conviction thereof, be fined in any sum not exceeding twenty dollars, or be imprisoned for any period not exceeding ten days, or both, at the discretion of the court. (June 22, 1874.) 222— Disorderly houses. Sec. 222. No person shall keep a disorderly house, or place, or house for the resort of persons of bad reputation, or immoral character, to resort or congregate. (May 14, 1874.) 223— Disorderly houses. Sec. 223. No person shall suffer to be committed in any house, building, or premises by him or her kept or occupied, any immoral or indecent acts, or any tippling, or drunkenness, or any loud or boisterous conversation, or any noise offensive to good morals, or tending to disturb the public peace and quiet. (May 14, 1874.) 224— Penalty. Sec. 224. Any person violating any provision of sections 222 or 223, shall be fined in any sum not exceeding fifty dollars, or be imprisoned for any period not exceeding thirty days, or both at the discretion of the court. (May 14, 1874.) 225— Suspicious person— Who is. Sec. 225. Any person loitering about any bar room, dram shop, gambling house, house of ill fame, or wandering about the streets, either by day or night, in the City of Canton, Ohio, without any lawful means of support and without being able to give any reasonable account of himself, 88 REVISED ORDINANCES or of property found in his possession, or obtains his living by criminal means and practice, or is the companion and associate of criminal and dissolute persons, shall be deemed and held to be a suspicious person (July i, 1895.) 226— Penalty. Sec. 226. Any person violating the provisions of the next preceding section, shall upon conviction thereof, be fined for the first offense not less than one dollar nor more than fifty dollars, or imprisoned in the work- house for thirty days or both ; for the second offense not less than fifteen dollars nor more than fifty dollars or imprisoned in the workhouse ninety days or both ; and for the third offense not less than twenty-five dollars nor more than fifty dollars, or imprisoned in the workhouse six months or both, at the discretion of the Mayor, and shall pay the costs of prose- cution. (July 1, 1895.) 227 — Bathing in creeks, etc. Sec. 227. It is hereby declared unlawful for any person to bathe or swim in any creek or water course or in any dam or mill pond within the corporate limits of the City of Canton after sunrise or before sunset. (August 15, 1870.) 228— Penalty. Sec. 228. Any person who shall violate the next preceding section shall suffer and pay a fine of not less than one dollar nor more than five dollars, or be imprisoned in the jail of the city not more than one day. All prosecutions under said': section shall be by affidavit made before the Mayor. (August 15, 1870) 229— Loitering. Sec. 229. It shall be unlawful for any person or persons to loiter about or congregate upon or occupy any of the sidewalks or any of the corners of any street or alley of the city, or to loiter about or congregate so as to occupy any, of the sidewalks in front of any dwelling or place of business or in front of any place of worship or any place of amusement in the city, provided that such person or persons have no occupation or business at such place or places. (July 15, 1889.) 230— Penalty. Sec. 230. Whoever violates any of the provisions of section 229 shall, upon conviction thereof, before the Mayor be fined for the first offense not MISDEMEANORS 89 less than one or more than ten dollars, and for each subsequent offense not less than five nor more than fifty dollars. (July 15, 1889.) 231— Duties of police. Sec. 231. It shall be the duty of the police to arrest any person found violating the provisions of section 229. (July 15, 1889.) 232— Assault and battery— Penalty. Sec. 232. Any person who shall within the limits of this city, unlaw- fully assault or threaten another in a menacing manner, or shall unlaw- fully strike or wound another, shall be deemed guilty of an offense, and on conviction thereof shall be fined in the sum not exceeding fifty dollars and the costs of prosecution, or imprisoned not exceeding sixty days or both at the discretion of the court. (April 3, 1889.) 233— Resisting officer — Penalty. Sec. 233. Whoever knowingly and willfully resists, obstructs or abuses any regular or special police officer, or any other officer of the City of Can- ton, Ohio, shall be deemed guilty of a misdemeanor and upon conviction thereof before the Mayor, shall be fined not more than fifty dollars or imprisoned in the workhouse not more than thirty days, or both, at the discretion of the Mayor. (July 27, 1896.) 234 — Molesting or insulting females. ,Sec. 234. Any person who shall improperly and unlawfully follow, pursue,- lay hands on or otherwise molest or insult any female or other person in any public place within the limits of this city, shall be deemed guilty of an offense, and on conviction thereof, be fined in the sum not exceeding one hundred dollars and the costs of prosecution, or be imprisoned not exceeding six months or both at the discretion of tne court. (April 3, 1889.) 235— Pickpockets— Penalty. Sec. 235. Any person who shall within the limits of this city, pick or attempt to pick from the pocket or person of another, any article what- soever shall be deemed guilty of an offense, and on conviction thereof shall be fined in any sum not exceeding fifty dollars and the costs of prose- cution, or be imprisoned not more than sixty days, or both at the dis- cretion of the court. (April 3 ,1889.) 236 — Use of fire arms— Penalty— Proviso. Sec. 236. If any person shall discharge firearms, flobert rifles or air guns, or shall use any sling shots within the limits of said city or across 90 REVISED ORDINANCES any of the streets or alleys thereof, except for the purpose of killing dogs or cats running unlawfully at large within said city, or killing rats, such person shall, on conviction thereof, be fined in any suni not exceeding five ($5.00) dollars and pay the costs of prosecution or be imprisoned not exceeding forty-eight (48) hours, or both at the discretion of the Mayor. Provided, however, that this section shall not be construed as to prevent persons when slaughtering, from shooting hogs or beeves, or gunsmiths from trying their guns on their own premises ; nor shall it appiy to any military company when drilling under the command of any officer, or to the use of firearms in the lawful defense of the persons, family ur property of any person, or to police officers when in the lawful discharge of their duties. (January 23, 1899.) 237— Indecent exposure, etc. Sec. 237. It shall be unlawful for any person more than nine years old, to' make any indecent exposure of the body, or any part thereof, publicly, or when the same may be publicly seen, or to make any im- modest display of himself or herself offensive to the virtuous sense of the public, or to tnake any signs or gestures suggestive of lewd, lascivious, or licentious conduct, or as an invitation to the commission of such acts. (May 14, 1874.) 238— Penalty. Sec. 238. Every person who violates the provisions of the/ next preceding section shall, on conviction, for the first offense be fined in any sum not exceeding thirty dollars, and for every subsequent offense the sum of not less than twenty dollars nor more than forty dollars, or be imprisoned not less than five days nor more than forty days, or both, at the discretion of the court. (May 14, 1874.) 239— House of ill-fame. Sec. 239. It shall be unlawful for any owner or occupant of any premises within said city, to keep, or suffer to be kept on said premises, a house of ill-fame. (May 14, 1874.) 240— Residing in. Sec. 240. It shall be unlawful for persons to reside in houses of ill-fame, or visit such houses for the purpose of prostitution. (May 14, 1874.) MISDEMEANORS 91 241— Penalty. Sec. 241. Any person violating any provision of sections 239 or 240 shall be fined in any sum not exceeding fifty dollars and the costs of prosecution, or be imprisoned for any period not exceeding thirty days, or both, at the discretion of the court. (May. 14, 1874.) 242 — Vagrancy — Penalty. Sec. 242. If any person shall be found within the limits of the City of Canton, loitering about saloons, taverns, dram shops, house of ill fame, or wandering about the streets either by day or night, or begging from resident citizens, or any other person within the city, and not having any known place of residence, or any visible means of support, and not be able to give any satisfactory account of himself, such person shall be subject to prosecution before the Mayor, and on conviction thereof, be fined in any sum not exceeding fifty dollars, or be imprisoned at hard labor or both, at the discretion of the court. Such imprisonment and hard labor shall for the first offense not exceed thirty days, for the second offense ninety days, and for the third offense six months, and for the fourth and further repetition of the offense, one year. (August 21, 1876.) 243— Imprisonment. Sec. 243. Any person refusing or neglecting to pay the fine imposed on such conviction of any such offense named in section 242, and the costs of prosecution shall be imprisoned and kept at hard labor, until, at the rate of seventy-five cents for each day's labor, he shall have earned an amount equal to such fine and costs. (August 21, 1876.) 244— Labor. Sec. 244. Such labor shall be performed in the corporation, prison, workhouse or elsewhere under the charge of the Chief of Police and street commissioner, who whenever in their opinion needed, may hire all necessary help to watch, over-see and direct the prisoners in the perform- ance of such labor. (June 18, 1906.) 245— Disfiguring buildings, etc.— Penalty. Sec. 245. If any person or persons shall unlawfully enter any public or private building or enclosure, or having obtained a lawful entrance, shall unlawfully cut, scratch, mark, paint or otherwise injure or dis- figure any such building or enclosure, or any other property within the city, or shall willfully or maliciously injure or disfigure the outside of 92 REVISED ORDINANCES any building or enclosure within the city, every person or persons so offending shall, on conviction thereof, be fined in any sum not exceeding fifty dollars for every offense, or be imprisoned not exceeding ten days, or both, at the discretion of the Mayor. (October 8, i860.) 246— Destroying trees, shrubbery, etc.— Penalty. Sec. 246. If any person or persons within the city shall willfully, maliciously, and without lawful authority, cut down, root up, sever, in- jure, or destroy any fruit or ornamental tree, cultivated root or plant fruit or other vegetable production, standing or growing on, or being attached to, the lands of another, or shall willfully, or without lawful author- ity, cut down, root up, destroy or injure any plant or ornamental tree or shrubbery planted or growing on any street, lane, alley, or public grouno in this city, every such person or persons so offending shall, on con- viction thereof, be fined in any sum not exceeding fifty dollars or by imprisonment not exceeding ten days, or both, at the discretion of the Mayor. (October 8, i860.) 247 — Hitching horses to trees— Penalty. Sec. 247. If any person or persons shall hitch or fasten any horse or other animal, which could do injury to trees, to any shade or ornamental tree or trees, or to the protections around the same, within any of the public streets, lanes, alleys or grounds of this city, every such person so offending shall on conviction thereof, be fined in any sum not exceeding twenty dollars, nor less than one dollar, at the discretion of the Mayor. (October 8, i860.) 248— Destroying grave stones, etc.— Penalty. Sec. 248. If any person or persons shall willfully injure, damage, deface or destroy any gravestone, monument, tree, shrub or plant, in any graveyard or cemetery, within or belonging to the city, or shall cut, deface or injure any part of the inclosure of any such graveyard or cemetery, such person or persons shall, on conviction thereof, be fined in any sum not exceeding fifty dollars nor less than one dollar, or be imprisoned for any period not exceeding ten days, or both, at the discretion of the Mayor. (October 8, i860.) 249— Destroying signs, graves, etc. Sec. 249. No person shall willfully destroy, injure, deface, or remove any sign, gate, fence, post, gate, gate post, awning, awning post, shutter, MISDEMEANORS 93 door, window or window glass, on any building, or any portion of any building in this city. (June 22, 1874.) 250— Entering barns, etc. Sec. 250. No person shall enter any barn, shed, or other outbuilding, in the night season, without the consent of the owner thereof, ior the purpose of sleeping therein. (June 22, 1874.) 251— Sticking bills, etc. Sec. 251. No person shall stick, or post any handbill or placard of any description upon any public or private building, or upon any post, fence, bill board, or any other structure or thing whatever, the property of another, without permission of the occupant or owner of the same. (June 22, 1874.) 252 — Marking buildings, etc. Sec. 252. No person shall paint, mark, write, print or impress, ur in any mariner attach, any notice or advertisement or the name of any commodity, or thing, or any trade mark, symbol, or figure of any kind, upon or to any sidewalk, step, or stone, or building, or anything whatever, the property of another, without first obtaining permission of the owner or owners of such sidewalk, or other thing, on which they desire to place such notice, advertisement, name, mark or figure. (June 22, 1874.) 253— Penalty. Sec. 253. Any person violating any provision of sections 250, 251 or 252 shall, on conviction thereof, be fined in any sum not exceeding twenty- five dollars, or be imprisoned for a period not exceeding thirty days, or both, at the discretion of the court. 254— Posting Obscene and indecent pictures. ,Sec. 254. It is hereby declared to be unlawful for any person or persons to post or display, or caused to be posted or displayed, any ob- scene or indecent picture or pictures of seminude female forms, upon any bill board, fence, barn or other public place within said city. (Dec. 5, 1892.; 255— Penalty. Sec. 255. Any person violating the provisons of the foregoing section of this ordinance shall upon conviction thereof before the Mayor, be fined in the sum of not to exceed twenty-five dollars and costs. (Dec. 5, 1892.) 94 REVISED ORDINANCES 256— Protection of fair grounds. Sec. 256. It is made unlawful for any person to climb over any fence or barrier of anv fair-ground, park, rink or other enclosure in the City of Canton, whether the property of the city or of any corporation, association or individual, or in any manner to get into such fair grounds, park, rink or enclosure, without the consent of those occupying or controlling the same ; and every such act shall be held a disturbance of the peace of said city, as being calculated and intended to excite quarrels and induce dis- orderly controversies. (September 18, 1871.) 257— Penalty. Sec. 257. Any one who shall violate in any manner the next preced- ing section shall suffer and pay a fine of not less than three nor more than ten dollars and the costs of prosecution, to be recovered by civil action or upon complaint and prosecution before the Mayor, and it is made the dutv of the Chief of Police and the city police officers to arrest and take before the Mayor any person who violates said section. (June 18, 1906.) 258— Protection of lights. Sec. 258. It shall be unlawful for any person to willfully interfere with, molest, destrov, injure or remove any gas, gasoline, electric or other lamps or light or any part thereof used in the lighting of any street, lane or alley or other public ground of building within the corporate limits of the City of Canton without the consent of the persons owning or con- trolling the same. (July 16, 1888.) 259— Penalty. Sec. 259. If any person shall violate any of the provisions of the next preceding section he shall, on conviction thereof, be fined in any sum not exceeding fifty dollars or be imprisoned not more than thirty days, or both, at the discretion of the court. (July 16, 1888.) 260— Placing solids or liquids on unenclosed grounds, etc.— Proviso. Sec. 260. To prevent injury or annoyance from anything dangerous, offensive or unwholesome, it shall be unlawful for any person or persons to place, throw, cast or discharge or willfully cause or suffer to be placed thereon, cast or discharged in or upon any public street, lane, alley, public ground, unenclosed lot or land, or into any pond or water course within the limits of the City of Canton, Ohio, any liquid or solid substance or substances, which is or are dangerous to persons, to public or private MISDEMEANORS 95 property, or offensive or unwholesome to persons or to the public gener- ally within the limits of said city ; provided, however, that it shall not be unlawful for any person or persons to place building material, in or upon any of the streets, alleys, or public grounds within such city, with per- mission of the Council as provided for by an ordinance passed for that purpose and now in force and effect therein. (July 21, 1884.) 261— Penalty. Sec. 261. Any person or persons violating either or all of the pro- visions contained in the preceding section shall upon conviction thereof, before the Mayor of the City be fined not less than five nor more than fifty dollars or be imprisoned in the city prison not more than twenty days, or both, at discretion of the Mayor, and pay the costs of prosecution. (July 21, 1884.) 262— Steam railroad obstructing street or alley. Sec. 262. It shall be unlawful for any person or persons, company or corporation who owns or operates a steam railway, the lines of which or any part thereof extend into or through the City of Canton, Ohio, to permit any locomotive, car or cars, to stand or remain upon or otherwise obstruct any portion of any street, alley, avenue, or public grounds of the City of Canton, Ohio, for a longer period than five minutes. (December 3> 1894.) 263— Penalty. Sec. 263. Any person, persons, company or corporation violating the provisions of the next preceding section of this ordinance shall upon conviction thereof be fined any sum not exceeding fifty dollars. (Decem- ber 3, 1894.) 264 — Interference with City Engineer— Penalty. Sec. 264. Any person who shall in any way willfully interrupt, molest orj interfere wth the City Civil Engineer or his assistants while in the performance of their official duties, or who shall willfully move or derange any stake or landmark fixed by them or either of them, shall upon conviction thereof before the Mayor, be fined in any sum not exceeding fifty ($50) dollars nor' less than five ($5) dollars, or be imprisoned not ex- ceeding ten days or both, at the discretion of the Mayor. (August 12, 1889.) 265— Speed in streets. See. 265. No person shall ride or drive any horse or horses or other animals, in such a manner as to endanger or unreasonably discommode 96 REVISED ORDINANCES any person, or at a rate of speed exceeding eight miles an hour. (May 3, 18730 266— Hitching horses. Sec. 266. No person shall leave any horse or horses, whether at- tached or unattached to any carriage, wagon or other vehicle, standing on any street, lane, alley or public ground, unless the same be securely fastened or left in the hands or within reach of some person. (May 3, 1872.) 267— Processions, etc. Sec. 267. No person shall drive any horse, carriage or vehicle of any kind through any civic, military or funeral procession. (May 3, 1873.) 268— Right of way for processions. Sec. 268. When any street or lane is crowded with teams, wagons or other vehicles through which any civic, military or funeral procession is passing, every person having charge of any horse, team, wagon, or other vehicles, shall obey any order for the removal of such horse, team, wagon or other vehicle given by the Mayor, Chief of Police or any policeman. (June 18, 1906.) 269 — Skating and sliding in streets. Sec. 269. No person shall slide or course upon hand sleds or skates or upon any sidewalk or in any graded street. (May 3, 1872.) 270— Lighting building material, etc., in street. Sec. 270. Whenever any person or persons, whether contractor or proprietor, shall be engaged in the erection or repairing of any building or other structure whatever within said city, and shall cause or permit any building material, rubbish, or other things, to be placed on any pubic street, lane, alley, or sidewalk, or other place in said city where persons pass and repass ; and whenever any person or persons who shall be engaged in constructing any sewer, or laying any gas, water, or other pipes or conductors in or through any of the streets, lanes, alleys, highways, sidewalks, or other places in said city where persons pass and repass, whether by appointment of the city or its agents, or as contractors, it shall be the duty of all such persons to protect, with a sufficient number of lights, the material, rubbish, goods, wares, mechandise, heaps, piles, ex- cavation, or other thing so caused or permitted by them to be or remain in or at any of the places above mentioned, and in such manner as to* enable the same to be distinctly seen by all passers by, and to continue such MISDEMEANORS <>7 lights from dusk until daylight during every night while any obstructions of the above mentioned description are allowed to remain in or at such place. (May 3, 1872.) 271— Stopping or standing on crosswalks. Sec. 271. No person driving- or having charge of a cab, cart, coach, dray, wagon, or other vehicle, or riding or leading a horse or other animals, shall stop or stand on any crosswalk, so as to obstruct the free and easy passage of the same. (May 3, 1872.) 272— Flying kites and playing ball. Sec. 272. No person shall fly a kite or play any game of ball, on any street, lane, alley, or public ground of said city. (May 3, 1872.) 273— Obstruction of street by R. R cars. Sec. 273. It shall be unlawful for any person or persons, company or corporation who ownes or operates a steam railway, the lines of which or any part thereof extend into or through the City of Canton, Ohio, to permit any locomotive, car or cars, to stand or remain upon or otherwise obstruct any porti- »n of any street, alley, avenue, or public grounds of the City of Canton, (Tuo, for a longer period than five (5) minutes. (Decem- ber 3, 1894.) 274— Penalty. Sec. 274. Any person, persons, company or corporation violating the provision of the preceding section shall upon conviction thereof be fined any sum not exceeding Fifty Dollars. (December 3, 1894.) 275— Obstruction in streets and public places— Penalty— Proviso. Sec. 275. If any person, body politic or corporate, shall Obstruct any street, public square or alley, duly established within the corporate limits of said City of Canton, and suffer such obstructions to remain to the hindrance or inconvenence of persons making lawful use of such street, public square or alley, any such person, body politic or corporate, on conviction thereof before the Mayor of said city, shall be fined in any sum not less than two dollars nor more than fifteen dollars for every such offense, and when any person, body politic or corporate, shall suffer any such obstruction to remain more than twenty-four hours after such con- viction thereof, said person, body politic or corporate, shall be deemed guilty of an additional offense against the provision of this section, and on conviction thereof shall be fined in any sum not less than five dollars 98 REVISED ORDINANCES nor more than thirty dollars : Provided, the depositing or causing to be deposited by any person, body politic or corporate, owning or occupying any lot or premises in this city of fuel, goods, or merchandise, on the side of the street or alley adjoining said premises, when the same are so deposited as not to extend into the street or alley more than ten feet, and are not suffered to remain in said street or alley more than ten feet, and are not suffered to remain in said street or alley more than twenty- four hours, shall not be deemed a violation of this section. (November 2, l86 3 .) 276— Hauling earth, etc., on streets. Sec. 276. It shall be unlawful to drive or haul any wagon, cart, dray, hand cart or other vehicle or conveyance upon or through any street, lane, alley or square of the City of Canton in the State of Ohio, loaded with earth, sand, gravel, mortar, (manure, chips, shavings, sawdust, stones, slops or other refuse matter or rubbish of any kind, unless the substances or matter so being hauled shall be so enclosed and secured by a box, wagon bed or by boards, so as to prevent the same from falling off and being scattered along the streets, alleys, lanes or squares aforesaid. (Sep- tember 15, 1879.) 277— Penalty. Sec. 277. Any person violating the provisons of the next preceding section shall, upon conviction, be fined in any sum not exceeding fifty dollars nor less than two dollars, and it is hereby made the duty of the Marshall and policeman of the city to arrest on view any person engaged in violating the foregoing section of this ordinance. (September 15, 1879.) 278— Prohibiting planting Lombard} poplars. See. 278. It shall be unlawful to plant or set out upon the streets, alleys or sidewalks of said city, any tree of the variety commonly known as Lombardy Poplar. (August 11, 1879.) 279— Penalty. Sec. 279. Any person violating the provisions of the next preceding section of this ordinance, shall, upon complaint made under oath to the Mayor, and Upon conviction be fined in any sum not exceeding one dollar fur each offense; and the fines so collected shall be used for the im- provement of the streets of said city, and it is hereby made the especial MISDEMEANORS 99 duty of the Superintendent of Streets to see that the foregoing section is enforced. (June 18, 1906.) 280 — Destroying or removing pavement, etc. Sec. 280. It shall be unlawful without the permissions of the City Council, for any person to dig, remove, or carry away, or cause to be dug, removed or carried away, any stone, earth, sand or gravel, from any street, alley, or public ground, or remove, injure, deface or destroy the plank, brick or stone pavement of any sidewalk, street, alley or public ground for any purpose whatsoever, except such person is employed for that purpose by the Superintendent of Streets or the Superintendent of the water works. (June 18, 1906.) 281— Hauling gravel, sand, etc., on streets. Sec. 281. It shall be unlawful for any person to haul, transport, or cause to be hauled or transported through any of the streets, alleys or public grounds within the city any gravel, stone, sand, dirt, offal, manure, rubbish, lime or other loose material or substance in any wagon or other means of conveyance, which is not so constructed as to entirely prevent the same from dropping, sifting through or in any other manner being strewed or deposited on any of said streets, alleys or public grounds. (October 29, 1888.) 282— Penalty. Sec. 282. Whoever shall violate any of the provisions of sections 280 and 281, shall, upon conviction thereof, be fined in any sum not ex- ceeding fifty dollars. (October 29, 1888.) 283— Permit to lay gas pipes— Streets not to be torn up at certain times— Penalty. Sec. 283. From and after the passage of this ordinance, no gas or water pipe or pipes shall be laid in any street, avenue, alley or other thoroughfare of the City, without notice of the intention to do so has previously been presented to the City Engineer and a permit granted by said Engineer for such purpose, and That no such streets, avenues, alleys or other thoroughfares shall be torn up for the purpose or laying any street car track, during the period covered, by and including the 1st day of November, and the 31st day ot March of any year, except to repair and replace such tracks as may already be laid and that the Mayor be and is hereby directed to enforce the pro- 100 REVISED ORDINANCES visions of this ordinance in so far as the same relates to the laying of street car tracks, any violation of the provisions of this section shall subject the offender or offenders to the payment of a fine of Two Hundred Dollars. (July II, 1892.) 284— Throwing rubbish, etc , into Shriver's run— Penalty. Sec. 284. It shall be unlawful for any person to throw into or deposit in Shriver's run any rubbish, ashes or garbage of any kind or character whatsoever. For each and every violation of any of the provisions of this section, any person found so offending shall pay a fine of not less than One Dollar ($1.00) nor more than Five Dollars ($5.00) and pay the costs, of prosecution. (February 17, 1902.) 285— To cut weeds, etc.— Penalty. Sec. 285. The owner or owners of vacant lot or lots, common or commons, or other unoccupied property within the corporate limits of the City of Canton, Ohio, are hereby required to cut, mow, keep down or remove all tall, unsightly or noxious weeds, vines or grass on said vacant lot or lots, common or commons, or other unoccupied property. If the owner or owners of any vacant lot or lots, common or commons, or other unoccupied property live outside the corporate limits of said city and have no known agent or agents within said corporate limits, the Mayor of said city is hereby authorized, directed and empowered to cause said tall, unsightly or noxious weeds, vines or grass on said premises to be cut, mowed, kept down or removed, the cost of the same to be, by the City Auditor of said city, certified to the county auditor of Stark County and placed upon the tax duplicate of said city against said premises and collected as other taxes. Any person or persons violating any of the provisions of this section, shall upon conviction before the Mayor be fined in any sum not less than One Dollar ($1.00) and not exceeding Five Dollars ($5.00) and pay the costs of prosecution. 286— Interfering with the fire department— Penalty. Sec. 286. It shall be unlawful for any foot passenger, driver of any vehicle, person having in charge the management or control of any street car, the management or control of any automobile, bicycle or any conveyance of any kind or character whatsoever, or the management or control of any horse to cause or permit the same to get in the way of the ftre department when responding to a fire alarm. The persons herein MISDEMEANORS 101 referred to shall, when the whole or any part of the fire department ot said city approaches, either from the front or rear in response to a fire alarm, immediately give the right of way to said department, so as not to hinder or delay the same. It shall be unlawful for the engineer, conductor or any person having in charge any locomotive or car upon any steam railroad to hinder or delay the laying of hose across any steam railroad track when said fire department is engaged in, or about to engage in the fighting of any fire. Any person violating any of the provisions of this section shall upon conviction before the Mayor, be fined in any sum not exceeding Twenty-Five Dollars ($25.00) together with the costs of prosecution. (October 5, 1903.) CHAPTER XXII NUISANCES. Section. Section. 287. Resort for thieves and robbers. 304. Nuisances. 288. Keeping or letting house as a resort for 305. Eaves trough to be constructed. thieves. Penalty. 306. Penalty. 289. Deposits of dirt, filth, etc., on streets or 307. Removing contents of privy vaults. public or uninclosed ground. Proviso. 308. Cleaning skunk skins, etc. 290. Penalty. 309. Penalty. 291. Water not to be discharged on sidewalk or 310. Slaughter houses to be kept clean. street. Penalty. 3"- Penalty. 292. Boiling of co remove from any of the parks of said City of Canton, Ohio, any person who is violating any law or ordinance, or any of the provisions of this ordinance, or is committing any nuisance, or guilty of any disorderly conduct ; and also hold or rernove until the payment of all costs and expenses, any property or material placed, or at any time remaining there, in violation of this ordinance, or any of the ordinances of the City of Canton, Ohio. (June 18, 1906.) 332— Prosecutions — Exceptions. Sec. 332. All prosecutions for the violation of this ordinance shall be had before the Mayor of the City of Canton, Ohio. The provisions of this ordinance shall not apply to any persons in the employ of the city in the park department, who shall lawfully discharge the duties of his employment as directed. (June 18, 1906.) 333— Penalty. Sec. 333. \\ "hoever shall violate any of the provisions of the next preceding seven sections of this ordinance, shall, upon conviction thereof, be fined in any sum not less than one dollar ($1.00) and not exceeding fifty dollars ($50.00) and costs of prosecution, and shall stand committed until such fines and costs are paid. (July 22, 1895.) CHAPTER XXIV. PAWNBROKERS. Section. 334. license. 335. Pawnbroker defined. 336. Pawnbroker's record. Inspection of record. Section. 337. Daily report. 338. Certain purchases prohibited. 339. Penalty. 334— License. Sec. 334. It shall be unlawful for any person or persons to carry oil the business of pawnbroker, or of loaning money on jewelry or other personal property in the City of Canton without first taking out a license from the Mayor. And the Mayor is hereby authorized to grant to any person of good moral character, who may apply therefor, a pawnbroker's license, which shall be issued under the corporate seal and signed by the Mayor and remain in force one year from the date thereof, upon tne payment therefor to the Mayor by the said applicant, the sum of not less than twenty-five ($25.00) dollars, nor more than two hundred ($200) dollars. (November 11, 1889.) 335— Pawnbroker defined. Sec. 335. Whoever loans money on deposit or pledges of personal property, or who pledges personal property or chooses in action, on con- dition of selling the same back again at a stipulated price, is hereby de- fined and declared to be a pawnbroker. (November 11, 1889.) 336— Pawnbroker record— Inspection of record. Sec. 336. Any person or persons so licensed shall keep a correct list and description in a book for that purpose of every article pledged or deposited with him, or on which advances of money have been made, or which may be purchased by him, which list and description shall at all times be open to the inspection of the Mayor or Chief of Police, or any of the police officials of the City of Canton, Ohio; and the persons so licensed shall at all times, when required by the Mayor or Chief of Police or police officer as aforesaid, produce and show any article so listed and described which may be in his possession. He shall also register in such book the name and place of residence of the depositor, and the PAWNBROKERS 115 time when the deposit was made. All of the entries shall be written in ink in the English language, and no entry shall be erased, obliterated or defaced. (June 18, 1906.) 337 — Daily report. Sec. 337. Every person so licensed shall prepare and deliver to the Mayor every day before the hour of 12 o'clock M., a legible and correct copy from such register, of the description of all personal property, bonds, notes or other securities received or deposited or purchased during the preceding day, together with the hour at which the article was received, together with a description of the person by whom left in pledge or from whom the same were purchased. (November 11, 1889.) 338— Certain purchases prohibited. Sec. 338. I\'o person licensed as aforesaid shall take or receive any bond or pledge for money loaned or shall take or receive or purchase within the line of his business as a pawnbroker, any property, bonds, notes, securities, articles, or thing whatsoever, from any minor or the ownership of which is claimed by any minor, or which may be in the possession or under the control of any minor or a person appearing to be intoxicated, a person known to be a notorious thief, or a person known to have been convicted of larceny or burglary. (November it, 1889.) 339— Penalty. Sec. 339. Whoever violates any of the provisions of this chapter shall upon conviction thereof, be fined in any sum not less than ten ($10.00) dollars nor more than fifty ($50.00) dollars, and shall at the discretion of the Mayor have his license revoked. (November 11, 1889.) CHAPTER XXV PLATS AND PLATTING COMMISSION. Section. 340. Amend former plats. 341. Publication. Session of Commission Re- Sectton. 342. Acceptance of plans by owner. 343. Salaries of Engineer and Assistant En- cording plat, etc. gineer. 340— Amend former plats. Sec. 340. It shall be the duty of the Board of Public Service to cause the plans adopted by the forlmer Platting Commission of said city to be amended in such manner as shall be deemed best, which plans, when so amended, shall show the location of the streets and alleys already dedicated and accepted by the city and those proposed by the commission, and to do all other things in this connection required by law. And for the purpose of making the necessary surveys the comimission shall have power to enter upon all property within the corporate limits of the city. (June 18, 1906.) 341— Notice of completion of plan— Session of Commission— Copy of plan to be filed with Recorder and Engineer — Power to condemn not impaired. Sec. 341. When the whole plan or any portion thereof is com- pleted, or when the location of any avenue, street or roadway or alley shall be placed in the office of the City Civil Engineer, for the inspection of persons interested, and notice that it is ready for inspection shall be published in one or more newspapers of general circulation, within the city once each week for six consecutive weeks. During such six weeks the Comm'^sion shall hold sessions at least once each week, at the time and place stated in the advertisement, and at such other times and places as it may deem proper, to hear any objections that may be urged against any portion of the amended plat, or the location of any avenue, street, roadway or alley; and such alterations may be made as the Commission shall deem proper. At the end of the time aforesaid, the Commission shall cause copies of the amended plat as finally adopted to be prepared and such monuments or marks as it may think necessary and proper, to be placed on the grounds, and shall deposit one copy, certified to, by it, PLATS AND PLATTING COMMISSION 117 in the office of the County Recorder, and another in the office of the City Civil Engineer, and such amended plan shall be taken and deemed to be the regularly adopted plan for streets ana alleys in such territory ; and no streets or alleys except those laid down on such amended plan shall subsequently be in any way accepted as public thoroughfares by the City Council, nor shall any of the public funds be expended in the im- provement or repair of streets or alleys subsequently laid out and not on such amended plat : provided, however, that nothing herein shall be con- strued to prevent the City Council from exercising the power of con- demnation in any of the cases where it is now or may hereafter by law be authorized to condemn and appropriate property to public use, although it be not shown as a street or alley on such plat. (November 9, 1896.) 342— Acceptance by the owner. Sec. 342. The owner or owners of any portion of the ground so platted, may at any time by declaration of their intention, so to do, prop- erly acknowledged and recorded in the Recorder's Office, accept such afmended plan so far as it concerns their property, and such acceptance or the selling of lots by reference to the amended plan of the streets and alleys therein laid out, shall be a statutory dedication of the streets and alleys in the property described in the acceptance, or of the streets and alleys called for in the description of the lots sold, so far as the grantor has a right to dedicate the same. (November 9, 1896.) 343— Salaries of Engineer and Assistant. Sec. 343. The limits of the salaries of the Engineer and assistant Engineer of the Platting Commission of the City of Canton, Ohio, shall be fixed not to exceed Seventy-Five ($75.00) Dollars a month each for the Engineer and Assistant Engineer of the Platting Commission. (January 22, 1906.) CHAPTER XXVI POLICE. Section. 344. Composition of Police department. Salaries 345. Bond and oath. 346. Duties Board Public Safety. 347. To draw three month's salary when dis- abled on duty. 348. To have physicians' and surgeons' bills, when paid. Section. 349. Duty. Authority. 350. Report as to City lights. 351. Use of wagon. Costs. 352. Private Police. 353. Duties of Private Police. 354. Time of service and pay of Private Police. 344— Composition of police department— Salaries. Section 344. The Police Department of the City of Canton shall be composed of the following officers and other members who shall receive the respective salaries hereinafter provided, payable semi-monthly and shall give the respective bonds and take the oath hereinafter required. 1. A Chief of Police who shall receive $1,000.00 per annum. 2. One Captain who shall receive $845.00 per annum. 3. One Lieutenant who shall receive $845.00 per annum. 4. One Sergeant who shall receive $845.00 per annum. 5. Two patrol operators who shall receive each $845.00 per annum. 6. Two patrol drivers who shall receive each $845.00 per annum. 7. Two Turnkeys who shall each receive $845.00 per annum. 8. Fifteen patrolmen who shall each receive $845.00 per annum. The Police Department of said city shall consist of twenty-five per- sons. (June 1, T903.) 345— Bond and oath. Sec. 345. Each officer and member of the Police Department shall give a surety company bond in the sum of Five Hundred ($500.00) Dollars, to be approved by the I'oard of Public Safety and Mayor, and shall take an oath to support the Constitution of the United States and the Consti- tution of the State of Ohio, and to discharge the duties of his office faithfully, honestly and impartially. (June 1, i<;o3.) POLICE 119 346— Duties of Board of Public Safety. Sec. 346. The Police Department as constituted herein shall be classified for appointments thereto by the Board of Public Safety as required by law. (June 1, 1903.) 347— To draw three month's salary when disabled on duty. Sec. 347. The Directors of Public Safety are hereby authorized and directed to pay to any policeman disabled in the discharge of his duty, his full regular salary for the period of three months following the receiving of such disability, and for no longer period ; provided that, if said disability shall continue for a shorter period than three months, then and in that event any policetman so disabled shall be allowed his full regular salary during the period of such disability only. (January 2, 1905.) 348— To have physicians' and surgeons' bills paid when. Sec. 348. The Directors of Public Safety are hereby authorized and directed to pay the physician's and surgeon's bills of any policeman dis- abled in the discnarge of his duty for the period of three months following the receiving of such disability, and for no longer period ; provided, that if said disability shall continue for a shorter period than three montfis, then in that event said physician's and suregon's bills shall only be paid during the period of such disability. (January 2, 1905.) 349— Duty and authority. Sec. 249. It shall be the duty of the policemen and officers when on duty to suppress all riots, disturbances, breaches of the peace, to pursue and arrest any person fleeing from justice in any part of the state, to apprehend any and all persons in the act of committing any offense against the laws of the State or the ordinances of the corooration. and forthwith bring such person or persons before the Mayor, or other com- petent authority for examination, and shall at all times faithfully enforce all such laws, ordinances and resolutions for the preservation of good order and the public welfare as the Council may ordain ; and for such purposes they shall have the power of Constables ; and they may upon view arrest any person or persons who may be guilty of a breach of the ordinances of the corporation or of any crime against the laws of the State ; and may upon reasonable information, supported by affidavit pro- cure process for the arrest of any person or persons who may be charged with a breach of any ordinances of the corporation. (November 27, 1893.) 120 REVISED ORDINANCES 350— Report as to city lights. Sec. 350. It shall be the duty of each night policeman and officer 10 report to the Board of Public Service upon blanks, suitable for such pur- pose, all gas, gasoline, electric or other lights belonging or furnished to the City of Canton, not burning, in their respective beats, giving the location of the same. 351 — Use of wagon — Costs. Sec. 351. In all cases where an arrest is made within the City of Canton, and where it becomes necessary to use the Police Patrol Wagon to make such arrest the Mayor of the city upon a plea of guilt, or upon conviction in consequence of such arrest, in addition to the costs now- allowed by law and the ordinance of the city, include therein a sum not less than One Dollar ($1.00) nor more than Five Dollars ($5.00) in his discretion. (August 21, 1893.) 352— Private Police. Sec. 352. When any person, partnership or body corporate, having a place of business, or controlling or owning any personal property or real estate within the corporate limits of the City of Canton, shall desire for the better protection of their said property or business, the appoint- ment of one or more additional policemen, it shall be the duty of the Mayor to appoint such policemen, who shall also be commissioned by the Directors of Public Safety and such policemen shall constitute the private police force of the City of Canton. No provision of this ordi- nance shall be construed as affecting the regular classified list of the Police Department. Each member of the private police force shall exe- cute a bond in the sum of Five Hundred ($500.00) Dollars conditioned for the faithful performance of his duties. (June 29, 1903.) 353— Duties of Private Police. Sec. 353. The members of the private police force shall have the powers, and be subject to the same regulations as other policemen, and shall perform such police duties at such place or places within the city limits as the person, partnership or body corporate may direct, provided that the said duties shall not be contrary to or inconsistent with the laws of the State of Ohio or the ordinances of the City of Canton. (Octo- ber 29, 1888.) POLICE 121 354— Time of service and pay of Private Police. Sec. 354. Each member of the private police force shall serve during the pleasure of the person, partnership or body corporate requesting his appointment, and shall be paid by them such compensation as may be agreed upon by him and the persons, partnership or body corporate re- questing his appointment. (October 29, 1888.) CHAPTER XXVII POWDER AND OTHER EXPLOSIVES. Section. 355. Keeping powder. Permit. 356. Keeping gasoline. Permit. 357. Dynamite and other explosives, how kept. Permit. 358. Must not stand on private ground more than 6 hours. Public ground 30 minutes. Section. 359. Search of premises when, and proceedings thereon. 360. Penalty. 361. Firecrackers, torpedos, etc. 362. Discharging or exploding firecrackers, etc. 363. Saving clause. 364. Penalty. 355— Keeping powder— Permit. Section 355. It shall be unlawful for any person or persons, firm or corporation, to keep at any one place at the same time, within the limits of said City of Canton, more than twenty-eight (28) pounds in the aggre- gate of any kind of gun, blasting or giant powder, gun-cotton or other explosive powder or to keep said gun, blasting or giant powder, gun cotton or other explosive powder in parcels or lots of more than seven (7) pounds in each parcel or lot, or to keep such parcels or lots other than in separate stone or earthen jars, or in metal canisters or other metal recep- tacles, securely closed by tight fitting covers to said jars or metal canisters or other metal receptacles. Provided, that such person or persons, firm or corporation, shall have first obtained from the Chief of the Fire Department of said City of Canton, written permit to keep within the limits of said city -said explosives above mentioned, or some of them, not exceeding in the aggregate twenty-eight (28) pounds, which permit shall set forth the kind or kinds of explosives desired to be kept, the name of the person or persons, firm or corporation desiring to keep the same, the place where the same are to be kept, and the period of time which it is desired said, permit to be in force ; and in the event the place of keeping said explosives is changed, the sa)me shall not be done until a new permit is gotten in the same manner above provided. Provided, further, that upon failure of such person or persons, firm or corporation, to observe the provisons of this section, the Chief of said Fire Department may revoke said permit. (March 8. 1897.) POWDER AND OTHER EXPLOSIVES 123 356— Keeping gasoline, benzine and naptha— Permit. Sec. 356. It shall be unlawful for any person or persons, firm or corporation to keep at any store, store room, except the kind hereinafter designated, warehouse, office, building, or dwelling house within the limits of said city, any gasoline, benzine or naptha in any quantity what- soever, but if the quantity of any gasoline, benzine or naptha shall be less than one barrel each thereof the same may be kept in a structure of any kind at a distance not less than twelve feet from the aforesaid store, store room, except the kind hereinafter designated, warehouse, office, building or dwelling house, but said gasoline, benzine or naptha shall be kept in metal cans or other metal receptacles which shall be air tight and securely closed by air tight covers or stoppers to said air tight cans or other air tight metal receptacles ; Provided that any person or persons, firm or corporation desiring to keep at any place within the limits of said city, more than one barrel each of gasoline, benzine, or naptha, or more than two barrels of petroleum oil inspected and approved by the inspector of oil of the State of Ohio 1 or his deputies, shall first provide or cause to bp provided therefor, metal receptacles, or shall erect or cause to be erected or provided, a warehouse which shall be made either of brick, iron, or stone, or all of said materials ; Provided, however, that no gasoline, benzine or naptha of more than one barrel each, or any petroleum oil inspected and approved by the inspector of oil of the State of Ohio, or his deputies, of more than two barrels in quantity shall be kept in any warehouse or building con- structed in whole or in part of wood ; Provided further that before any of said explosives, or said petroleum oil inspected as above stated, shall be stored therein, or in said metal receptacles, the person or persons, firm or corporation, desiring to do so, shall have said receptacle or receptacles or building inspected by the Chief of the Fire Department of said city, and upon such inspection, being had by said Chief, he shall, in the event it shall be found by him that said receptacle is safe and secure, or that said building has been constructed as provided in this ordinance, issue to said person or persons, firm or corporation, a written permit to store therein gasoline, benzine, or naptha, in greater quantities than one barrel each, or said petrol eu'm oil so inspected in greater quantities than two barrels as above provided ; Provided, further, that upon a violation of any of the provisions of this section, said Chief of the Fire Department may revoke said permit. (March 21, 1904.) 124 REVISED ORDINANCES 357— Dynamite and other explosives, how kept— Permit. Sec. 357. It shall be unlawful for any person or persons, firm or corporation, to keep or have in his or their possession, within the limits of said City of Canton, the substance or material known as and called dynamite, nitroglycerine, or other nitro exprosive compound, save and except those provided for in Section 355 of this ordinance and as provided for in the following section, except such person or persons, firm or cor- poration, when desiring the same for immediate sale or shall have first obtained from the Chief of the Fire Department of said City of Canton, permit in writing so to do, which permit shall set forth the kind or kinds of explosives, whether dynamite, nitroglycerine, or both, or other nitro explosive compound, as near as possible, the amount which it is de- sired from time to time to bring into said city, the name of the person or persons, firm or corporation, desiring to bring the same into said city ; and thereupon said Chief of the Fire Department of said City may, if he so deems best, grant to such person or persons, providing they be of the age of twenty-one or over, or to some person or persons of such age repre- senting said firm or corporation, written pemit to bring into said city trorn time to time for immediate sale such amount of dynamite, nitroelvcerine or other nitro explosive compound, and in such quantities and at such times and extending over such period of time as said Chief of the Fire Department may fix upon, which permit may be revoked by said Chief, if in his opinion the same has in any respect been violated by the person or persons, firm or corporation, to whom the same has been given. (March 8, 1897.) 358— Must not stand on private grounds more than six hours— Public grounds thirty minutes. Sec. 358. No person or persons, firm or corporation, except as pro- vided in the foregoing sections, shall cause or knowingly permit upon premises over which such person or persons, firm or corporation, has supervision or control, within said City of Canton, any car, wagon, cart or other vehicle, wholly or partially loaded with gunpowder, gun-cotton, dynamite, nitroglycerine, petroleum oil not inspected and approved by the Inspector of Oils of the State of Ohio, or other dangerous and explosive substances not in transit, to stand upon any railroad, sidetrack or other place not upon public grounds for a longer period of time than six hours, or upon any street, or public grounds for more than thirty minutes, or POWDER AND OTHER EXPLOSIVES 125 remain within the limits of said city when not in transit for more than three hours, except as provided in the foregoing' sections. (March 8, 1897.) 359— Chief of Police or Chief of Fire Department or any policeman may upon warrant search premises— May search without warrant, when— Explosives found, how disposed of— Forfeiture. Sec. 359. It shall be the duty of the Chief of Police or Chief of the Fire Department of said City, on any day, or any policeman, having a search warrant for the purpose, issued by the Mayor, to enter in the day time, between sunrise and sunset, into any house or building or other place within said city, where gun powder, blasting powder, gun-cotton, dyna- mite, gasoline, benzine, naptha, nitroglycerine or other explosive compound or substance, or petroleum oil is kept or suspected to be kept contrary to the provisions of this chapter and examine the premises, and it shall be lawful for said Chief of Police, or Chief of the Fire Department, and any policemen, or any person having command for the time being of any fire company of said city at the breaking out of any fire, to enter without warrant at any time of any day or year, into any house or building ^r other place in said city in the vicinity of such fire where said gunpowder, blasting powder, gun-cotton, dynamite, gasoline, benzine, naptha, nitro- glycerine, or other nitro explosive compound or substance, or petroleum oil is kept or suspected to be kept, and examine the premises and in either case aforesaid, said person or persons or any of them may lawfully seize such gunpowder, blasting powder, gun-cotton, dynamite, gasoline, benzine, naptha, nitroglycerine or other explosive compound or sub- stance, or petroleum oil, if it be kept contrary to this ordinance, and if such seizure be made by any person or persons other than those above designated, it shall be delivered over to the Chief of Police of said city, if the same be kept contrary to this ordinance. But if the same has not been kept contrary to this ordinance it shall be restored to the owner or person in whose possession it was found. If kept contrary to this ordi- nance, the Chief of Police shall report the same to the Mayor, together with the name of the owner or person in whose possession the same was found, and if not found in the possession of any person, that fact shall be reported, and the Mayor shall enter these facts on his docket, and shall issue a citation to be served by the Chief of Police, requiring such owner or person, firm or corporation, in whose possession such explosive was found, to appear on a certain day and show cause why the same should 126 REVISED ORDINANCES not be forfeited. And when such explosive was not found in the possession of any person, notice shall be published twice in some newspaper of gen- eral circulation in said city, and after the Chief of Police shall return said citation served, or shall return that the owner or person in whose posses- sion said explosive was found cannot be found in said city, or after publi- cation as aforesaid, the Mayor shall proceed and adjudge that said explosive and receptacle are forfeited to' said city, and shall issue an order directing the Chief of Police to sell the same, who shall, after ten days' notice pub- lished according to law, sell said explosive and receptacle at public auc- tion, and make return of his proceedings, and pay over the net proceeds arising from said sale to the Mayor within thirty days from the date of such order and said proceeds after payment of such costs as are allowed on process and execution at law, shall be paid by the Mayor into the City Treasury the same as provided for fines and licenses. If any person shall appear and contest the forfeiture, aforesaid, he shall be personally liable for costs, for which the Mayor shall render judgment, if the decision be in favor of said city. And it is further declared that the search warrant mentioned in the first part of this section may be issued by the Mayor on the oath or affirmation of any creditable person. And n if further declared that the forfeitures and proceedings in this section mentioned are to be in addition to the fines imposed by the following section of this ordinance. (March 21, 1904.) 360 -Penalty. Sec. 360. Any person or persons, or officer or officers of any co-part- nership or corporation, or agent or agents of any co-patnership or cor- poration violating any of the preceding sections of this chapter, shall, upon conviction before the Mayor, pay a fine of not less than Thirty Dollars ($30.00) or more than One Hundred Dollars ($100.00) for each violation thereof, and said Mayor shall have power to commit to the city prison the person or persons, officer or officers of any co-partnership or corpora tion, so fined, until said fine and costs be paid, or until such person or persons, officer or officers, or agent or agents, of any co-partnership or corporation shall be discharged by due course of law. (March 21, 1004.) 361 — Firecrackers, torpedos, etc. Sec 361. It shall be unlawful for any person or persons in the City of Canton, State of Ohio, to sell or offer for sale or to give away, or to POWDER AND OTHER EXPLOSIVES 127 have in possession for said purpose, any firecracker larger than four inches in length, any firecracker or similar contrivance containing dynamite, nitroglycerine or gun-cotton, any cannon or torpedo of any description, cartridge, blank cartridge, toy pistol, concussion cane or other device attached to a string, in which blank cartridges of caps are discharged or any percussion caps for toy pistols. (February 19, 1906.) 362— Discharging or exploding firecrackers, etc. Sec. 362. It shall be unlawful to discharge or explode, or to have in possession for such purpose, within the City of Canton, Ohio, any fire- cracker larger than four inches in length, any firecracker or similar con- trivance containing dynamite, nitroglycerine, or gun-cotton, any cannon or torpedo of whatever description, cartridge, blank cartridge, toy pistol, concussion cane or contrivance attached to a string in which blank car- tridges or caps are discharged, revolver, gun or explosive, or to place upon any street railway, or upon any other railway tracks, or to place under any vehicle or other moving object any mixture of sulphur or potash, or to so place any other explosive. (February 19, 1906.) 363— Excepting clause. Sec. 363. The provisions of this ordinance shall not apply to the use of explosives or cartridges for legitimate commercial purposes. (February 19, 1906.) 364— Penalty. Sec. 364. Any violaton of sections 361, 362 and 363 shall; be a mis- demeanor and shall be punished by a fine of not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00), or imprisonment in the work- house not to exceed thirty days, or both. (February 19, 1906.) CHAPTER XXVIII PRISONERS. Section. 565. Hard labor, how and where performed. Prisoners under sixteen. 366 Imprisonment. 367. Superintendent of streets to have care on streets. Section. 368. Chief of Police to provide food. 369. Food for prisoners, how paid for. 370. Mayor may remit fines. 371. Persons convicted to stand committed. 365 — Hard labor, how and where performed— Prisoners under sixteen. Section 365. Whenever any person or persons shall be sentenced to imprisonment to hard labor as a part of the punishment of such person or persons for the violation of any of the city ordinances, or for non- payment of any fine or costs which may be adjudged against such person or persons, such labor shall be performed in the yard attached to the city prison, on the streets and alleys of the city, in the Stark County Workhouse, or at such other place or places as the Committee on Police shall determine or direct, in such manner or under such regulations as said committee shall, from time to time, deem proper to prescribe, not inconsistent with the laws of the state and the ordinances of the city: Provided, that persons under age of sixteen years shall not be sentenced to hard labor for the first offense, nor the second offense, unless the Mayor shall be satisfied that there is no other way to effect the reformation of such persons, or to deter them from the future violation of the city ordinances. (June 18, 1906.) 366 — Imprisonment. Sec. 366. All such persons as shall be committed to prison for the non-payment of fines and costs only, shall be allowed the sum of Sixty (60) Cents per day for their labor, until the amount of such fine and costs is thereby satisfied. (June 18, 1906.) 367— Superintendent of streets to have care of prisoners on streets. Sec All persons so committed to imprisonment at hard labor, while laboring upon the streets or alleys, of the City, shall be under the care and superintendence of the Superintendent of Streets, who shall see that they keep orderly and constantly employed, and to prevent the escape PRISONERS 129 of any such prisoner, there shall be attached to the leg of each prisoner a suitable ball and chain. (June 18, 1906.) 368— Chief of Police to provide food. Sec. 368. It shall be the duty of the Chief of Police to provide all persons confined in the city prison with necessary food during- such con- finement, and to see that such places of confinement are kept clean and made comfortable for the inmates thereof. (June 18, 1906.) 369 — Food for prisoners, how paid for. Sec. 369. On the presentation of bills for food, sustenance and neces- sary supplies for such prisoners by said Chief of Police, to the Board of Public Safety, said Board of Public Safety shall carefully examine said bills, and shall authorize the payment of the same in such amount or amounts as they shall think proper, and shall direct the City Auditor to draw his warrant or warrants on the city for the same. (June 5, 1906.) 370— Mayor may remit fines. Sec. 370. Any fine or penalty incurred under the provisions of any ordinance of the city may l>e remitted by the Mayor, upon good cause shown, and proof of inability of the person fined to discharge such fine or penalty by labor or otherwise. (September 17, i860.) 371— Persons convicted to stand committed. Sec. 371. In every case of conviction and assessment of fine and costs, for violating any of the provisions of any of the ordinances of the city, the person or persons so convicted, shall stand committed until such fine and costs are paid, or until such person or persons be discharged by due process of the law. (September 17, i860.) CHAPTER XXIX PUBLIC HEALTH. BOARD OF HEALTH. Section. 372. Board of Health, Mayor and five members. 373. Term of office. 374. Health Officer. 375. Powers of. 376. Powers of. Orders to have force of ordi- nances. Penalty. 377. Board to recommend measures to Council. BURIALS. 378. Undertaker's permit. Undertaker's cer- tificate. 379. Phvsician's report. 380. Health Officer's duty, where no certificates obtainable. 381. Cemetery Officers to require permit. 382. Sexton's return. 383. Permit to transport bodies. 384. Penalty. SAI,E OF UNWHOLESOME MEAT, VEGETABLES, ETC. 385. Diseased meat, etc. 386. Sale of meat from certain animals pro- hibited. 387. Bringing or selling diseased cattle, meat or milk therefrom. 388. Selling or keeping impure or unwholesome meat. 389. Calf, pig or lamb under one month old, sale prohibited. 390. Sale of decayed or damaged vegetables or fruit prohibited. 391. Sale of unwholesome milk, butter, etc., pro- hibited. 392. Rights of Board of Health to inspection. 393. Penalty. DANGEROUS OR INFECTIOUS DISEASES. Section. 394. Unlawful to introduce smallpox, etc. 395. Board of Health to take measures to pre- vent epidemic of smallpox. Vaccination required. Penalty. 396. Scholars to be vaccinated. 397. Children from families having scarlet fever or diptheria not to attend school. Certifi- cate of physician. 398. Persons sick with smallpox, etc., to be under control of Board of Health. 399. To prevent contagion and infection. 400. Contagious and infectious diseases to be re- ported to the Board of Health. 401. Health Officer to report certain diseases to Superintendent of Schools. 402. Board of Health to cause persons with smallpox, etc , to be confined. Flag on dwelling. 403. Unlawful to attend certain funerals. No- tice. Proviso. 404. Care and disposition of corpse when death caused by certain diseases. 40s Persons not to enter buildings in certain cases. 406. Visiting hospitals. 407. Shipping bodies without permit. 408. Bodies not to be transported in public con- veyances in certain cases. 409. Casket to be provided. 410. Penalty. 411. Physicians and midwives to report briths to Board. 412. Physicians to report deaths. 413. Coroner to report. 414. Penalty. 372— Board of Health, Mayor and five members. Section 372. There is hereby established a Board of Health, which shall be cqmposed of five meimbers to be appointed by the Mayor and confirmed by Council, who shall serve without compensation, and a ma- jority of whom shall constitute a quorum ; and the Mayor shall be Presi- dent by virtue of his office. (July 13, 1903.) 373— Term of office. Sec. 373- The term of office of the members of such board shall he five (5) years from the date of appointment, and until their successors PUBLIC HKAI/TH 131 are appointed and qualified and in conformity to Section 2114 of the Revised Statutes of the State of Ohio. (July 13, 1903.) 374— Health Officer. Sec. 374. Said Board shall appoint a Health Officer, who shall per- form such duties and receive; such compensation as the said board may determine and shall serve during the pleasure of the said board. (July 30, 1888.) 375 — Powers of the Board of Health — Permit for privy vaults. Sec. 375. The Board of Health of said city shall have the power to abate and remove all nuisances within the city, and assess the costs and expenses of the same upon the property, where such nuisance is situated, which assessment, when duly certified by the President of the board, to the County Auditor, shall become a lien, to be collected the same as any other tax in favor of the City, and to compel the proprietors or owners, agents or assignees, occupants or tenants of the lot or property, house or building upon or in which any nuisance may be, to abate and remove the same, to regulate the construction and arrangement of all water closets and privy vaults ; And any person or persons intending to construct a privy vault or cess-pool, shall first obtain a written permit so to do from said board, signed by the Health Officer, which permit shall designate the locality of lot, distance frolm any house, well or spring, the kind of vault or cesspool and depth thereof, and shall state what ventilation is required, and said board shall have the further power to regulate and control the emptying and cleaning of all such vaults, and when complaint is made, or a reasonable belief exists, that an infectious or contagious disease prevails in any locality or house, to visit such locality or house ; make all necessary investigations by inspection, and on discovery that such infectious or contagious diseases exist, to send the person or persons so diseased to the pest-house or hospital. And any person violating the provisions of this section shall upon conviction thereof, be fined in any sum not exceeding Fifty Dollars ($50.00) and costs of prosecution. (De- cember 21, 1 89 1.) 376— Powers— Orders to have force of ordinance— Penalty. Sec. 376. Said board shall have the power to meet from time to time as often as they deem necessary, and to pass all such orders and regula- tions as they shall from time to time deem necessary for the public health, 132 REVISED ORDINANCES and for the prevention of diseases, and all such orders and regulations shall have all the force and effect of ordinances of the corporation, and whoever shall violate or fail to comply with any of the said orders or regu- lations shall be subject to a fine not to exceed fifty dollars ($50.00). (July 30, 1888.) 377 — Board to recommend measures to Council. Sec. 377. The Board of Health shall from time to time recommend to the City Council such measures as they may deem necessary to pro- mote and secure the health of the city, and to prevent the introduction of contagious, dangerous and infectious diseases. 378 — Undertaker's permit— Undertaker's Certificate. Sec. 378. It shall be the duty of every undertaker or other person, before moving the body of any deceased person for burial to or from the city, to obtain from the Health Officer a permit so to do, and before ob- taining said permit he shall deposit with the Health Officer a certificate setting forth as nearly as he can ascertain, the name, age, sex, color and occupation of the deceased, and also the nativity, giving state or country, whether married or single, widow or widower, place of late residence, duration of last sickness, cause of death both primary and secondary, if known, date of death, place and date of interment and birth-place of parents, giving state or country, and name of physician attending at the last sickness, if any, which certificate shall be signed by the undertaker, or other person taking charge of the body, and which shall be made out on blanks furnished by the Board of Health. (January 7, 1889.) 379— Physician's report. Sec. 379. It shall be the duty of every physician, or surgeon, in attendance at the time of death of any person, or if there be no' physician or surgeon in charge or attendance at such time, then of any other person having actual knowledge of the same, to report to the Health Officei within twenty-four hours after such death, the date of death, name of deceased, with sex, color, residence and cause of death, both primary and secondary, and upon blanks furnished by said board when procurable. (January 7, 1889.) 380— Health Officer's duty where no certificate obtainable. See. 380. Whenever a burial permit is applied for in case of death without the attendance of a physician or surgeon, or if it be difficult or PUBLIC HEALTH 133 impossible to obtain the certificate of the physician or surgeon in attend- ance -at the time of death, or the Board of Health deem it necessary in order to secure correct returns, it shall be the duty of the Health Officer to investigate the cause and circumstances of such death, to make and sign the certificate required, and if not satisfied as to the cause and circum- stances of such death, the Health Officer shall refer the case to the Coroner of the county to make such investigation and report. (January 7, 1889.) 381 — Cemetery Officers to require permit. Sec. 381. It shall be unlawful for any superintendent or sexton of any cemetery in or over which the city may have control to receive for burial or deposit in any tomb or vault, the body of any deceased person, until the undertaker or any other person in charge of the body shall have presented to the superintendent or sexton a permit from the Health Officer for such interment or deposit; And such superintendent or sexton of any such cemetery shall transmit to the office of the Health Officer a monthly report, embodying the above items and facts of and concerning each and every interment or deposit made in the cemetery vault or tomb under his supervision. (January 7, 1889.) 382— Sexton's return. Sec. 382. Every such superintendent or sexton shall make returns of permits issued to him by said board on the first Monday of each month. (January 7, 1889.) 383— Permits to transport bodies. Sec. 383. No dead body or part of a body of any human being shall in any manner be carried or conveyed from, into, or through the city, by any person or persons by means of a car, stage or other mode of trans- portation, public or private, without a permit first granted by said Board or Health Officer; Provided that the same effect shall be eiven bv said board or Health Officer to a burial or transit permit issued by any proper authority of any place or jurisdiction when the death of the person named in the permit shall have occurred within such place or jurisdiction. (January 7, 1889.) 384— Penalty. Sec. 384. Any person violating or failing to comply with any pro- vision of the next six preceding sections shall upon conviiMion, be fined 134 REVISED ORDINANCES in any sum not less than Five nor more than Fifty ($50.00) Dollars and the costs of prosecution. (January 7, 1889.) 385— Diseased meat, etc. Sec. 385. No person or persons shall bring- into the city, or sell or offer for sale for human food in any market, public or private, any cattle, sheep, hog or lamb, or any meat, fish, game or poultry, that is diseased, unsound, unwholesome, or which for any other reason is unfit for human food. The fact that any cattle, sheep, hog- or lamb being in any stockyard or slaughter house pen, shall be considered sufficient evidence that the same is being exposed there for sale, and the fact that the carcass of any cattle, hog, sheep or lamb or any part thereof is found in any slaughter house or any public or private market, or place, dressed and prepared as such meats usually are for market, shall be deemed sufficient evidence that the same is for sale for human food ; and no animal or any part thereof, or any fish, game or poultry that has been examined and condemned by the Health Officer, shall be held, sold or offered for sale for human food in any market or place in the city. (January 14, 1889.) 386 — Sale of meat from certain animals prohibited. Sec. 386. No person shall hold, sell or offer for sale for human food, the meat of any animal killed when far enough advanced in pregnancy to make the meat from the same unwholesome and unfit for hu'man food, nor the meat of any animal killed while in an overheated or feverish con- dition. (January 14, 1889.) 387— Bringing or selling diseased cattle, meat or milk therefrom. Sec. 387. No person or persons shall bring into this city, or sell or offer for sale any cattle which have been exposed to or are liable to communicate the cattle disease, nor the meat or milk of any such cattle. (January 14, 1889.) 388— Selling or keeping impure or unwholesome meat. Sec. 388. No cased, blown, plaited, raised, stuffed, putrid, impure, overheated or unwholesome meat, or the meat of any animal, fish, bird or fowl, that have died of any disease or accident, shall be held, bought or sold, or offered for sale for human food, or held or kept in any market, public or private in the city. (January 14, [889.) PUBLIC HEALTH 135 389— Calf, pig or lamb under one month old, sale prohibited. Sec. 389. No calf, pig or laimb, or the meat thereof shall be bought, held, sold, or offered for sale, for human food, in the city, which when killed, was less than one month old. (January 14, 1889.) 390— Sale of decayed vegetables or fruit prohibited. Sec. 390. No person or persons shall hold, sell or offer for sale, or bring into 1 the city for sale, any decayed or damaged vegetables or fruit. (January 14, 1889.) 391— Sale of unwholesome milk, butter, etc., prohibited. Sec. 391. It shall be unlawful for any person or persons to sell, offer or have for sale in the city any unwholesome, impure, watered or adul- terated milk, or milk known as (swill milk), or milk from cows that are fed on swill, garbage, or other like substances, or any butter or cheese made from any such milk. (January 14, 1889.) 392— Rights of Board of Health to inspection. Sec. 392. No butcher, milk dealer, green grocer, fruit dealer, or other persons dealing in any substance or material used for human food, shall refuse to allow any person or persons authorized by the Board of Health to fully inspect any and all substances and materials held, offered, or in- tended for sale, and shall answer all reasonable and proper questions asked by such person or persons relative to the condition thereof, place where such substance and materials may be, and of whom procured. The fact of such substances and materials being found in the possession or on the premises of any person as aforesaid shall be deemed sufficient evidence that such substances and materials are held for sale. (January 14, 1889.) 393— Penalty. Sec. 393. Any person violating any provision of the next pre- ceding eight sections, shall upon conviction thereof, be fined in any sum not exceeding Fifty ($50.00) Dollars and costs of prosecution. (January 14, 1889.) 394— Unlawful to introduce smallpox or other dangerous or infectious diseases. Sec. 394. It shall be unlawful for any person or persons to introduce or to aid and assist in introducing into the City, the small-pox or any other dangerous, malignant, pestelential, contagious or infectious disease (January 14, 1889.) 136 REVISED ORDINANCES 395— Board of Health to take measures to prevent epidemic of smalI=pox — Vacci= nation required— Penalty. Sec. 395. The Board of health shall, in case of epidemic, take such measures as it shall deem necessary to prevent the spread of small-pox by issuing an order requiring all persons residing 1 or temporarily stopping within the city, or any part thereof, to be vaccinated within such time as it may prescribe, and all persons refusing or neglecting to obey such order, either as respects themselves, or their children, or wards, or any of the members of their household over whom they have control, shall, upon conviction before any competent court, be liable to a fine of not more than Fifty ($50.00) Dollars ; provided, that it shall be and is hereby made the duty of said board to provide for the vaccination of all such persons as are unable to pay for same, at the expense of the city. (Janu- ary 14, 1889.) 396— Scholars to be vaccinated. Sec. 396. All school boards, school teachers, or other persons having control of, or authority in, any school or schools, are herebv forbidden to receive into or allow to attend any school, public or private, any pupil not vaccinated within the preceding five years, or not having had the small-pox or variloid. (January 14, 1889.) 397 — No child to attend school in certain cases. Sec. 397. No child from any family in which a case of scarlet fever or diphtheria now exists, or may hereafter occur, shall attend any school in this city, unless convalescence in such case or cases shall have been thoroughly established, and in all cases the teacher shall require a written certificate that such is the case, which certificate shall be given by the attending physician in such cases, and subscribed to by the Health Officer of such city. (October 17, 1892.J 398— Persons sick with small pox to be under control of Board of Health. Sec. 398. Whenever the condition of any person or persons sick with the small-pox or other dangerous malignant or pestilential, conta- gious, or infectious disease is such as not to admit the removal to the city hospital, or if from any other cause, said board shall determine not to remove any person or persons so sick to the city hospital or slmall-pox hospital, then the house or place wherein such person or persons are kept shall be considered as a hospital and all persons residing in, or in any way PUBLIC HEALTH 137 concerned with same,, shall be under the control and direction of said board, and access to or egress from such house or place shall be subject to such regulations as said board may prescribe. (January 14, 1889.) 399— To prevent contagion and infection. Sec. 399. Any person having* small-pox, or any dangerous, malig- nant, pestilential, contagious or infectious disease, who shall willfully ex- pose himself in the public streets, public places, conveyances, or vehicles, or any driver or owner of such conveyance or vehicles who does not immediately and thoroughly disinfect the same after conveying such diseased person, or any person who gives away, lends, sells, transmits, conveys or exposes any clothing, bedding, rags, or other things which have been exposed to contagion or infection shall be liable to fine. (Janu- ary 14, 1889.) 400— Contagious and infectious diseases to be reported to the Board of Health. Sec. 400. It shall be and it is hereby made the duty of every physi- cian, surgeon, midwife or other person, attendant upon a case of small- pox, epidemic cholera, epidemic dysentery, diptheria, scarlet fever, typhoid fever, yellow fever, puerperal fever, measles, epidemic erysipelas, hydro- phobia, or other dangerous, contagious, infectious or pestilential disease, and every householder, head of a family, agent or tenant in whose house or family a case of any such disease occurs, to report every such case to the office of said board, within twenty-four hours after first having knowl- edge of the same, giving the number of the house, the street, avenue, alley or lane upon which it is situated, and the name of the occupant or occupants, with the name and age of the diseased person or persons, if known. (June 14, 1889.) 401 —Health Officer to report certain diseases to Superintendent of Schools. Sec. 401. It shall be and is hereby made the duty of the Health Officer, upon receiving notice of the existence of a case of small-pox, epidemic cholera, diptheria, scarlet fever, measles, or other dangerous, contagious, infectious, or pestilential disease, to report every such case to the office of ihe superintendent of instruction of the public schools immediately after having received notice of the existence of such disease, giving the number of the house, the street, avenue, lane or alley upon which it is situated, and the name of the occupant or occupants, with the name and age of the diseased person or persons, if known. (January T4, 1889.) 138 REVISED ORDINANCES 402— Board of Health to cause persons with small* pox, etc., to be confined — Flag on dwelling. Sec. 402. Said board shall, when it is deemed expedient to send persons suffering with the small-pox, cholera, yellow fever, diptheria, or other dangerous, contagious, infectious or pestilential disease to the city hospital or small-pox hospital, require all such persons to be kept closely confined within their respective dwellings or places of abode, and shail cause a yellow flag or suitable notice with the name and character of the disease printed in large letters thereon, to be hung or posted up in the most conspicuous place on the front of such dwelling or place of abode in which such disease exists, and 1 ) it shall be unlawful for such occupants thereof, or any person or persons, to remove such flag or notice so long as said board shall require the same to remain. (January 14, 1889.) 403— Unlawful to attend certain funerals — Notice — Proviso. Sec. 403. It shall be unlawful for any person or persons to attend the funeral of any person who shall have died of small-pox, epidemic cholera, diptheria, scarlet fever, yellow fever, malignant erysipelas or malignant typhoid fever, and public notice must be given by the head of the family where such person dies, of the name of the disease, the name and contagious character of the disease from which the person died, to- gether with the notice of private funeral ; Provided, that the provisions of this section shall not apply to near relatives of the deceased person, and other adult persons not exceeding eight in number. (January 14, 1889.) 404— Care and disposition of corpse where death caused by certain diseases. Sec. 404. When any person shall have died of small-pox, epidemic cholera, diptheria, scarlet fever, yellow fever, malignant erysipelas, malig- nant typhoid fever, or other dangerous, contagious, infectious or pesti- lential disease, the corpse shall be buried within thirty-six hours alter death, and shall not be removed by any person or persons from the build- ing where such person shall have died, until removed for burial, and shall not be taken into any church or other building. (January 14, 1889.) 405 — Persons not to enter buildings in certain cases. Sec. 405. No Other person or persons other than those having written permission from said board or Health Officer, shall remain in or enter or depart from any house where any person is sick with the small-pox, epidemic cholera, diptheria, scarlet fever, yellow fever, or any dangerous, PUBLIC HEALTH 139 contagious, infections or pestilential disease, or while the corpse of any person who shall have died of such disease within the house, or within ten days after such corpse shall have been removed, or the person so sick therewith has entirely recovered from such disease, and said house or building, the clothing, beds, and other household goods shall have been thoroughly disinfected or otherwise disposed of to the satisfaction of the board. (January 14, 1889.) 406 — Visiting hospitals. Sec. 406. Xo person, not being an officer of the small-pox hospital or an employe therein, or member or employe of said board, shall visit such hospital during the time when any case of small-pox, cholera, yellow fever, diptheria, scarlet fever, or any other contagious, dangerous, infec- tious, or pestilential disease shall exist therein without having first ob- tained a written permit from the Health Officer, or the Committee on Sanitary Affairs. (January 14, 1889.) 407— Shipping bodies without permit. Sec. 407. Xo body of any person or persons who have died of small- pox, cholera, yellow fever, diptheria, scarlet fever or any other dangerous, contagious, infectious or pestilential disease, shall be allowed to- be shipped or taken to any other place outside of the city without a special permit signed by the Health Officer, and a majority of the Committee on Sanitary Affairs. (January 14, 1889.) 408 — Bodies not to be transported in public conveyances in certain cases. Sec. 408. No body of any persons who may have died of small-pox, scarlet fever, diptheria, or any other dangerous, contagious, infectious or pestilential disease, shall be conveyed or removed in any carriage or other conveyance used by the public. (January 14, 1889.) 409— Casket to be provided. Sec. 409. In every case when death has occurred from $mall~pox, diptheria, cholera or scarlet fever, it shall be the duty of the head of the family, or some member thereof, or other person having the body in charge, to provide the undertaker or other person officiating as such, with a casket in which the body is to be placed for burial, within fifteen hours after death has occurred, and cause the body to be placed therein within that time, said casket to be then tightly closed and not again opened. (January 14, 1889.) 140 REVISED ORDINANCES 410— Penalty. Sec. 410. Any person violating any provisions, or failing to comply with any requirement of the next preceding sixteen sections of this chap- ter, shall upon conviction, except where a penalty is specially provided, be fined in any sum not more than Fifty ($50.00)- Dollars and costs of prosecution. (January 14, 1889.) 41 1— Physicians and midwife shall report births to the Board of Health. Sec. 411. It shall be the duty of every physician, midwife or other person who shall attend, assist or advise at the birth of any child within the corporate limits of Canton, to report to the Health Officer of the city within twenty-four hours thereafter, stating distinctly the date of the birth, sex, and color of the child or children born, its or their physical condition, whether still born or not, and the full name, nativity and resi- dence of the parents. (January 16, 1882.) 412— Physician to report deaths. Sec. 412. It shall be the duty of every physician to report within twenty-four hours to the Health Officer each death that may occur in his practice, giving the cause of death, the sex, age and color. (January 16, 1882.) 413— Coroner to report to Health Officer deaths by violence. Sec. 413. It shall be the duty of the Coroner to report to the Health Officer all deaths by violence that come under his observation within the city limits, giving sex, age, color and cause of death. (January 16, 1882.) 414— Penalty. Sec. 414. The penalty for non-compliance with Sections 411, 412 and 413 shall be for the first offense a fine of One ($1.00) Dollar and costs; for the second offense and every subsequent violation Five ($5.00) Dollars and costs. (January 16, 1882.) CHAPTER XXX. SEWERS AND SEWER COMMISSION. Section. 415. Three sewer districts. 416. Sewer district No. 1. 417. Sewer district No. 2. 418. Sewer district No. 3. 419. License of sewer builders. 420. Numbering sewers. 421. Control of sewers. 422. Application and permit. 423. Record and fee for permit. Report. 424. Filing drawings. Access to fixtures. Re- pair of sewers. 425. House connections. Quality of pipes. Size of pipes. Soil pipe. 426. Sewer connections. 427. Openings. 428. Danger signals, etc. 429. .Settling of ground. 430. House connections, etc. 431. Connecting with sewer. 432. Care of pipes, etc. 433. Permits for water. Joints. 434. Connections, lead pipe. 435. Exposure of pipes, etc. 436. Water pipes, etc. Section. 437. Casing of pipes, etc. 438. Ventilation. 439. Soil, waste and vent pipes. 440. Ventilation. 441. Traps and vent pipes. 442. Use of sewer. 443. Use of sewer. 444. Strainer. 445. Steam. Cellar drains. 446. Obstruction and flues. 447. Traps. 448. Closets, etc. 449. Cesspools. 450. Privy vaults, etc. 451. Water closets. 452. Waste pipes and traps, etc. 453 Engineer and Health Officer. 454. Inspection. 455. Inspection. 456. Penalty. 457. House connections. Cost of same. 458. Board of Public Service to establish schedule of prices. 415— Three sewer districts. Section 415. For the purpose of draining the City of Canton with water and house sewerage, suitable and proper sewers shall be constructed from time to time whenever deemed expedient by the Council and in accordance with the general plan adopted by the Commissioners of Sewers and approved by the Council of the) City. And for the purpose of taxation to build, construct and maintain the same or any part or portion of it the said city shall be and the same is hereby divided into three several and separate sewer districts, named and numbered respectively as follows : East Sewer District of the City of Canton and numbered One ; The Central Sewer District of the City of Canton numbered Three ; and the West Sewer District of the City of Canton numbered Two. (September 17, 1883.) 416— Sewer district No. 1. Sec. 416. Beginning at a point where the main sewer crosses the Wheeling & Lake Erie Railroad near Shriver's run ; thence east with said 142 REVISED ORDINANCES track to Shriver's Run ; thence northward with Shriver's run to a line formed by the rear line of lots fronting on the south line of Charles Street ; thence eastwardly along the line formed by the rear of lots fronting on the south side of Charles Street, to Cherry Street ; thence northward with Cherry Street to Douglass Street ; thence eastward on Douglass Street to a line formed by the rear of lots fronting on the east side of Cherry Street; thence north along a line formed by the rear of lots fronting on the east side of Cherry Street to a line formed by the rear of lots fronting on the south side of Mulberry Street; thence eastwardly along a line formed by the rear of lots fronting on the south side of Mulberry Street to Ninth Street and the line of Herbruck Street produced ; thence north- ward with said line and Herbruck Street to a line formed by the rear of lots fronting on the north side of Second Street ; thence westward along a line formed by the rear of lots fronting on the north side of Second Street to a line formed by the rear of lots fronting on the east side of Cherry Street ; thence northwardly along a line formed by the rear of lots fronting on the east side of Cherry Street and the line of said street produced to the north corporation line. The aforesaid line, from its begin- ning on Center Street, to the north corporation line, being the west bound- ary line of said Sewer District No. i, and said district being all the territory included between said west bounday line and the north and east corporation limits. The west boundaries of said Sewer District No. i shall constitute the east boundary line of Sewer District No. 3. (March 16, 1903.) 417— Sewer district No. 2. Sec. 417. The boundaries of Sewer District No. 2 shall be as follows: Commencing for the same at the intersection of the west line of Lot Six Thousand Two Hundred and Two (6202) with the north corporation line ; thence south along the west line of Lot Six Thousand Two Hundred and Two (6202) and out lot Two Hundred and Forty-One (24.1 to the south line of out lot Two Hundred and Fortv-One (24.1): thence east along the south line of lot Two Hundred and Forty-One (241) to Shorb Street; thenee smith along Shorb Street to Chance Avenue; thence east along Chance Avenue to the intersection of the west line of Lot Thirty Nine Hundred and Seventy-Two (3972) extended; thenee southwest- wardly along the west lines of Lots 3972, 3973, 3974, 3975. 397" and 3977, fronting on Cleveland Avenue to the first alley south of Chance 143 SEWERS AND SEWER COMMISSION Avenue ; thence south through Lots 3966 and 3965 to the east line of Lot 3967 ; thence southward on the lines of Lots 3967 and 3939 to Oby Alley ; thence east along Oby Alley to the first alley east of Worley Avenue ; thence along said alley to Lake Street ; thence west on Lake Street to the west line of Lot 2862; thence south along the west lines of Lots 2862, 2863, 2906, 2907 and 2908 to Franklin Street ; thence east on Franklin Street to the west line of Lot 6077 extended ; thence southwestwardly along the west line of lot 6077 to Summit Street ; thence southwardly along the west lines of Lots 1541, 1540, 1537, 1536, 1847, ^48 and 1849; thence westwardly along the north lines of lots fronting on the north side of Feather Street to Harriet Street ; thence southwardly along the west lines of lots fronting on the west side of Harriet Street to Linden Avenue ; thence westward with Linden Avenue to the west line of Lot 4427 ; thence southwardly along the west lines of lots fronting on the west side of Newton Street to Fifth Street ; thence eastward to Newton Street ; thence south along Newton Street to Tuscarawas Street ; thenct eastward on Tuscarawas Street to the intersection of the line between Lots 1617 and 1618 extended; thence southwardly to the south lines of lots fronting on the south side of Tuscarawas Street; thence eastwardly along the south lines of lots fronting on the south side of Tuscarawas Street to the alley on the west side of out lot 101 ; thence south on said alley to Ninth Street ; thence east on Ninth Street to Marion Street ; thence south on Marion Street to the south line of Lot 31 12 extended; thence eastwardly with the rear lines of lots fronting on the south side of South Street to the west lines of lots fronting on the west side of Mc- Kinley Avenue ; thence southwardly along the rear lines of lots fronting on the west side of McKinley Avenue to the south line of Lot 677 ; thence east on said south line and the south lines of Lots 478 and 487 to the center of Cleveland Avenue ; thence south along the center line of Cleve- land Avenue to the east line of out lot 68 to the third alley south of Fair- field Street; thence westward parallel with Fairfield Street to a point distant 150 feet east from the east line of Henry Avenue; thence north- ward parallel with the said Henry Avenue until said line intersects with the center line of Thomas Street extended ; thence westward with said extended line and the center line of Thomas Street to the center line of Harrison Avenue and the west corporation line ; thence northwardly 144 REVISED ORDINANCES with the center line of said street and the corporation line to the north corporation line ; thence eastward with the north corporation line to the place of beginning. (April 4, 1904.) 418— Sewer district No. 3. Sec. 418. Beginning at a point where the main sewer crosses the Wheeling and Lake Erie Railroad near Shriver's Run ; thence east with said track to Shriver's Run ; thence northward with Shriver's run to Charles Street ; thence eastwardly with Charles Street, and including lots fronting on the south side of same to Cherry Street, thence northward with Cherry Street to Douglass Street ; thence northward with Cherry Street and including lots fronting on the east side of same to Mulberry Street; thence eastward with Mulberry Street and including lots fronting on south side of same to Ninth Street and the line of Herbruck Street produced ; thence northward with said line and Herbruck Street to Second Street ; thence westward with Second Street and including lots fronting on the north side of same to Cherry Street ; thence northward with Cherry Street and the line of said street produced, including lots fronting on east side of same to the north corporation line ; thence westward with said corporation line to Cleveland Avenue ; thence southward with said Cleve- land Avenue including lots fronting on west side of same to Lake Street ; thence westward with Lake Street including lots fronting on north side of same to McKinley Avenue, including lots fronting on the west side of same to Feather Street ; thence westward with Feather Street including lots fronting on the north side of same to Harriet Street ; thence south on Harriet Street including lots fronting on the west side of same to Linden Avenue ; thence westward with Linden Avenue to Newton Street ; thence southward with Newton Street, including lots fronting on west side of same to Fifth Street ; thence eastward on Fifth Street, including lots fronting on the south side of same to the line between Lots Nos. 1 61 7 and [618; thence southward witli said line to Tuscarawas Street ; thence eastward with Tuscarawas Street including the lots fronting on the south side of Tuscarawas Street to the allev on the west sile of Out Lot 101; thence southward with said alley, to Kighth Street; thence eastward with Eighth Street including lots fronting on the south side of same to Marion Street ; thence southward with Marion Street to Tenth Street; thence eastward with Tenth Street in- SEWERS AND SEWER COMMISSION 145 eluding lots fronting on the south side of same to High Street ; thence south on High Street including lots fronting on the west side of same to South Street ; thence eastward on South Street including lots fronting on the south side of same to McKinley Avenue ; thence southward on McKinley Avenue including lots fronting on west side of same to the alley on the east side of Out Lot No. 68; thence southwardly with said alley to Cleveland Avenue ; thence southward with Cleveland Avenue including lots fronting on the west side of same to a point intersecting the third alley south of Fairfield Avenue ; thence eastward with said alley to Graham Avenue including lots fronting on the south side of same to Allen Street, and the Wheeling & Lake Erie Railroad ; thence eastwardly with said Wheeling & Lake Erie Railroad to the place of beginning. (March 16, 1903.) 419— License of sewer builder. Sec. 419. No person shall be authorized or permitted to do the work of making connections with any of the public sewers or drains or their lateral connections, until he shall have first registered his name and place of business in the office of the City Civil Engineer, and have re- ceived a license from the Mayor. In case of any change of his place of business, or his business connection, notice of the same shall be immedi- ately given to the City Civil Engineer. No person shall be licensed to do any of the aforesaid work until he has furnished the Mayor with a satisfactory certificate, signed by at least two reputable sewer builders, if he be a sewer builder ; or two reputable plumbers if he be a plumber ; to the effect that the applicant is a person regularly educated to the busi- ness and qualified for the duties which he undertakes ; and previous to being so authorized or licensed by the said Mayor, he shall file a bond with the Mayor in the sum of Fifteen Hundred ($1500.00) Dollars with two or more sureties, to the approval of the Mayor, conditioned that he will indemnify and save harmless the City of Canton from all loss or damage that may be occasioned in any wise by accident, or the want of care or skill on his part in the prosecution of such work, or that may be occasioned by reason of any opening by him made, or caused to be made in any street, lane, alley, avenue, market space or common, in the making of any connection with any public or private sewer, and conditioned also that he will promptly at the proper time replace and restore the street, 146 REVISED ORDINANCES lane, alley, avenue, market space or common, as the case may be, over such opening, to as good a state and condition as he found it previous to opening the same, and that he will conform in all respects to the rules and regulations which may be from time to time established by the Board of Sewer Commissioners or City Council, in relation to the con- struction, repair or regulation of any of the public sewers or drains. (December 16, 1889.) 420— Numbering Sewers. Sec. 420. All sewers shall be designated by consecutive numbers in the order of the date of the passage of the ordinance providing for their construction. (December 16, 1889.) 421— Control of Sewers. Sec. 421. Whenever the word "street" is used singly, it shall be understood to embrace streets, lanes, alleys and other public grounds, the same as though named in each case. All sewers and drains of every kind within the line of any street, lane, alley or other public grounds or right of way shall be under the control of the City Civil Engineer. (December 1 6, 1889.) 422 — Application and permits. Sec. 422. Every plumber and sewer builder before doing any work connected with any sewer, shall file with the Engineer a notice and drawing of the work to be performed, and no such work shall be done without the approval of the Engineer, or one of his assistants. Applica- tion for permits shall be made, in each special case, to the Engineer by the owner, agent, or person in whose interest the work is to' be done, and he shall issue a permit to the plumber or sewer builder in the name of the owner or person in whose interest the work is to be done before the work is commenced, and in no case shall such work be prosecuted unless such permit is on the ground and in the possession of the person doing the work. Each permit shall designate the street and number of the house and lot, and shall include such definite description of the premises as to clearly define the location of the same on the map. Applications so filed shall be approved or rejected without unreasonable delay. After a plan has been approved no alteration of the same will be allowed except on a written application of the owner. (December 16, 1889.) SEWERS AND SEWER COMMISSION 147 423— Record and fee for permits— Reports. Sec. 423. The Engineer shall keep a daily record of permits applied for and allowed or rejected as well as all violations of this ordinance. A fee of Two Dollars ($2.00) must be paid as a permit fee for each connec- tion to the sewer, which money shall be paid into the sewer fund. Each plumber or sewer builder will be held responsible for any injuries he may cause to any main or lateral sewer. The engineer shall on the first Monday of April, 1899, and at the end of each three months thereafter, report to the City Council all sewer permits that are issued and paid fojr, and shall, at the same time, turn over to the City Treasurer, to be placed to the credit of the sewer fund the amount he shall have received for such permit. (June 18, 1906.) 424— Filing drawings— Access to fixtures— Repairs of sewers. Sec. 424. Drawings and descriptions of the plumbing and drainage of buildings done prior to the passage of this ordinance may be placed on file with the Engineer. The latter may, at his discretion require such plans to be so filed. The City Civil Engineer and Health Officer shall, at proper times, have access to all plumbing fixtures connected with the sewer. In 'all cases where private sewers have been constructed, the owners or occupants of the premises shall, at their own expense, maintain and keep such sewers in good working order and repair. (December 16, 1889.) 425 — House connections— Quality of pipes — Size of pipes. Sec. 425. All house connections shall be of the uniform size of four inches in internal diameter. All sewer pipes except those which enter buildings, shall 'be of the bes': quality of vitrified socket pipe, of the kind or kinds acceptable to the Engineer or his assistants. Where soil pipes enter a building under the foundation thereof, the Engineer or his assistants may require the pipe to be of cast iron. At such place the wall shall leave two inches clear s.pace over the top of the pipe, or it shall be arched so as to prevent injury to the pipe by settling. The ventilating pipe shall also be of cast iron, and of same bore as soil pipe to the top of the same. All iron pipes used in the construction of drains or house connections shall be coated inside and outside with coal tar applied hot, or other rustless material acceptable to the Engineer, and the joints thereof shall be made with gaskets of okum, thoroughly caulked in with 148 REVISED ORDINANCES hot lead at one pouring, so as to render them impermeable to gasses ; but wrought iron pipe may also be used with thread and screw joints. The nearly horizontal portion 'of iron soil pipe used under ground shall in no case weigh less than For 4-inch pipe 13 pounds per lineal foot. For 3-inch pipe 91-2 pounds per lineal foot. For 2-inch pipe 5 1-2 pounds per lineal foot. Waste pipes or lateral drains from bath tubs, basins or other fixtures (with the exception of water closets), may be of 2 inch 'diameter pipe. When it is practicable, the soil pipe must run on a cellar or other wall and be securely fastened thereto. When it is impracticable, the soil pipe may be laid in a trench beneath the cellar floor; and in that 'case may be of iron or, except under walls or other heavy pressure, of 'sewer pipe. If of sewec pipe, the latter must be of perfect quality, the joints must be made of Portland Cement, iron filings and sand thoroughly mixed with a weak sal-amoniac solution. Whether of iron or stoneware, said pipes must be shown to the Engineer or one of his assistants, in open trench filled with water, and subject to his approval or rejection. Said soil pipe placed in the ground, shall be supplied with an accessible clean- out either inside or on outside of the walls of the building. (December 16, 1889.) 426— Sewer connections. Sec. 426. All connections with the main or branch sewers shall be made at the regular connections or junctions built in the same, except by special permit from the City Civil Engineer, who shall give such in- formation as the city may possess relative to the location of such junc- tion, depth of sewer, etc., on application, and all reasonable care 'will be taken to insure the correctness of such information ; but the city shall not be liable for any errors arising therefrom. (Decernber 16, 1880.) 427— Openings. Sec. 427. All openings made within the street lines for the purpose of laying any such sewers, except under tracks of street or other railways, shall be in open trench. All material for flagging, curb or ballasting, to be carefully removed and preserved, and after the connection is properly made, the trench shall be refilled and puddled, (in puddling, the earth must be put in in layers no more than one foot in depth, and each such SEWERS AND SEWER COMMISSION 149 layer shall be thoroughly puddled or rammed before another layer is put in), and the paving and other material that had been removed shall be properly replaced by the sewer builder, and if not replaced within three days after the same has been removed, then the sa'me shall be replaced by the city at his expense. The course of drain pipes shall be laid not nearer than eiehteen inches to any water pipe, at crossings the fatter shall be protected from corrosion by a cement covering. All sewers and drains beyond street lines, may be laid in onen trench, or in trench and tunnel, as mav be directed, but in the latter case no tunnel shall enclose more than two joints of pipe. (December 16, 1880.) 428— Danger signals, etc. Sec. 428. When the sides of the trench will not sland vertical, sheet- ing and braces shall be used to prevent unnecessary caving. The sewer builder must erect proper safeguards and maintain danger signals where- ever and whenever necessary. He will be liable for all , damage to per- sons or property caused by his acts or neglect. All water pipes shall be protected from injury to the satisfaction of the Water Works Superin- tendent, and gas pipe to the satisfaction of the City Engineer. (December 16, 1889.) 429— Settling of ground. Sec. 429. The sewer builder will also be held responsible for any subsequent settlement of the ground and pavement, and must, on notifi- cation make) the same as good as before he began his .work. (Decem- ber 16, 1889.) 430— House connections, etc. Sec. 430. All house connections shall be made straight, or in as direct line as possible to the "Y" branches in the sewers into which the premises are drained, and shall be at least four feet below the surface of the ground. All pipes shall be laid to a proper grade of not less than one-half inch to every two feet, where practicable, by use of the spirit level. The joints shall be made with oakum gaskets well caulked in, and finished with best hydraulic cement, and clean sand placed in and around each joint, so that the same shall be water tight. Curved pipe shall be used at all angles in the house connections greater than three inches in deviation from a straight line in the length of one joint of pipe. (December 16, i88q.) 150 REVISED ORDINANCES 431— Connecting with sewer. Sec. 431. Whenever it is necessary to make a connection with any main or lateral sewer where no, "Y" has been placed, the junction pipe will be furnished by the sewer builder and the same will be inserted under the supervision of City Civil Engineer pr one of his assistants. No sewer builder shall cut or break into the sewer unless the City Civil Engineer or one of his assistants be upon the ground and give his approval of the method employed. (December 16, 1889.) 432— Care of pipes, etc. Sec. 432. All "Y" branches or junctions not intended, for immediate use shall have their ends closed water tight with brick or stone and cement. Care should be taken that the interior of the pipes are free from rough mortar, and that the whole house connection and sewer be left clean and in good condition. (December 16, 1889.) 433— Permits for water joints. iSec. 433. vSewer builders shall in no case use water frolm street hydrants without permit from the Superintendent of the Water Works. All joints in waste pipes, except where screw joints are used, must be made like those in soil and drain .pipes, with oakum gaskets and lead or cement, well calked so as to render them water and gfas tigrht. (Decem- ber 16, 1889.) 434— Connections, lead pipe. Sec. 434. All connections of lead with iron pipes must be made with brass sleeve or ferule of the, same size as the lead pipe, the sleeve to be put into the hub of the iron,pipe and thoroughly caulked with lead, and the lead pipe to be attached to the sleeve or ferule by a wiped lead joint. All connections of lead pipe must be by wiped joints. Putty joints will not be permitted. (December 16, 1889.) 435— Exposure of pipes, etc. Sec 435. The drain soil and waste pipes, and the traps, must, if practicable, be exposed to view for ready inspection at all times, and for convenience in repairing. When necessarily placed within partitions or recesses in the wall, soil and waste pipes must be covered with wood work so fastened with screws as to be readily removed. In no case shall they be absolutely inaccessible. (December 16, 1889.), SEWERS AND SEWER COMMISSION 151 436— Water pipes, etc. Sec. 436. Absolutely horizontal waste pipes shall be prohibited. Drips or overflow pipes from safes under water closets and /Other fixtures, or from tanks or cisterns, shall be run to some place in open sight, and in no case shall any such pipes be connected directly with a drain, waste or soil pipe. Waste pipes, from refrigerators, or other receptacles in which provisions are stored, shall. not be connected with a drain soil pipe, or other waste pipe, unless such waste pipes are provided with traps suitably ventilated, and in every case there shall be an open tray between the trap and the refrigerator. (December 16, 1889.) 437— Casing of pipes. Sec. 437. All pipes exposed to frost should be packed with mineral wool or other substance equally good, and they shall be cased to the satisfaction of the Engineer. (December 16, 1889.) 438— Ventilation. Sec. 438. When the soil pipe enters a building, a ventilating pipe shall enter said soil pipe, and , shall pass in undiminished bore, up the wall, inside of the same extending at least two feet above the roof or top of the highest window. (December 16, 1889.) 439 — Soil, waste and vent pipes. Sec. 439. Soil, waste or vent pipes in an extension must be extended above the roof of the main building, when otherwise they would open within twenty feet of the windows of the main house or the adjoining house. It must not open below a window or air shaft which ventilates living rooms, nor nearer to same in any direction than eight feet. (De- cember 16, 1889.) w 440— Ventilation. ,Sec. 440. No trap or any manner of obstruction to the complete and perfectly free flow of air throughout the entire course of the drain or house connection will be permitted. Every room having a water closet, urinal, bath tub or any drainage connected with the sewer must have a window or shaft of an area of at least two square feet communi- cating directly with the outer air. (December 16, 1889.) 441— Traps and vent pipes. Sec. 441. Every water closet trap must be separately ventilated and protected from syphonage by, a special vent pipe not less than two inches 152 REVISED ORDINANCES in diameter. If traps for above fixtures are vented the pipes used must have diameters of not less than I 1-4 inches. If the pipes exceed fifteen feet in length they shall be 1 1-2 inches in diameter. These vents or air pipes shall extend at least two feet above the roof. If they are branched into the soil pipe, it must be above the inlet pipe of the highest fixture. They may be continuous by branching those which serve several traps, provided they are branched into a vent pipe not less than 2 inches in interior diameter. These vents or air pipes must always have a continu- ous slope to avoid collecting water by condensation. No trap, vent pipe shall be used as a waste or soil pipe. (December 16, 1889.) 442 — Use of sewers. Sec. 442. No butcher's offal or garbage, dead animal, wood, stone, straw, rags, or other articles of obstructions of any kind whatever of a tougher or harder texture than newspaper or closet paper shall be placed, thrown or deposited in any catch basin, sewer, ditch or drain in the cit} 7 , and any person so offending or causing any such obstruction to be placed so as to be carried into such sewer or basin, shall be subject to the penalty hereinafter prescribed for such an offense ; also any person break- ing, injuring or removing any portion of any catch basin, manhole cover or any part of any sewer or appurtenances thereto or obstructing in any manner the inlet or outlet of any sewer or drain. (December 16, 1889.) 443— Use of sewer. Sec. 443. Elevator waste water, roof water, overflows from cisterns, etc., shall not be connected with the sewers. The waste water which shall enter the sewers shall comprise only 1. Waste water from kitchen sinks. 2. Waste water from water closets. 3. Waste water from wash stands and bath tubs. 4. Waste water from urinals. 5. Waste water from slop hoppers. 6. Such waste water from the factories, laundries, restaurants or other buildings as the Engineer may consider admissable without detri- ment to the sewer. (December 16, 1889.) 444— Strainers. Sec. 444. All exits from kitchen sinks, wash stands, slop hoppers, urinals, and other receptacles, except water closets, shall be provided SEWERS AND SEWER COMMISSION 153 with strong and permanently attached metal strainers except in case of urinals and wash bowls already provided with good earthern ware strain- ers. (December 16, 1889.) 445— Steam— Cellar drains. Sec. 445. No steam exhaust nor blow-off pipe from a steam boiler will be allowed to connect with any soil or waste pipe, or directly with the house drain. They should discharge into a tank or condenser, the waste from which after being condensed and suitably trapped may enter the sewer. Subsoil drains from cellars may be connected with the sewer, but the connection must be made with the approval and under the per- sonal supervision of the City Civil Engineer or one of his assistants. Every such connection must be provided with a trap, also with a good metal strainer with perforation not more than 1-4 of an inch in diameter, and exposed to plain view. (December 16th, 1889.) 446— Obstruction— Flues. Sec. 446. No trap nor any manner of obstruction to the complete and perfectly free flow of air throughout the entire course of the drain or soil pipe will be permitted. No brick, sheet metal, or earthen ware flue shall be used as a main soil pipe ventilator, nor shall any chimney flue be used for this purpose. (December 16, 1889.) 447— Traps. Sec. 447. Every wash basin, bath tub, sink, urinal, water closet or other fixture connected with the sewer pipe of any building shall be separ- ately trapped as close to the fixtures as possible, except in the case of syphon water closets. Water, ceiling traps of any pattern may be used when separate air pipe connections from the top of the same are pro- vided ; where separate air pipe connections are not provided, traps which will not unseal must be used. Overflow pipes from fixtures must im each case be connected on the inlet side of the trap. The sediment pipe from kitchen boiler, if there is any, must be connected on the inlet side of the sink trap. (December 16, 1889.) 448— Closets, etc. Sec. 448. All closets, basins, and urinals shall be provided with a sufficient supply of water to insure the cleaning of the same after each time of use ; and in no case shall any such closet, basin or urinal be used longer than one hour without such water supply, if from any cause tne same be 154 REVISED ORDINANCES cut off, unless water is supplied from other sources. Ball cock valves- of cisterns must be so fitted and adjusted as to prevent wasting of water. (December 16, 1889.) 449— Cess pools. Sec. 449. No sewer or kitchen drain from any building or premises shall discharge into any cess pool, vault or other like receptacle where such building or premises abut on street provided with proper sewer accommodations with which the same can be connected ; and if at any future time such premises are provided with the said sewerage accom- modations within sixty days thereafter, the further use of such cess pool vault or other receptacles for the disposal of sewage shall be discontinued and the proper connections made with the main or lateral sewer. And the said cess pool, vault or other receptable shall be cleaned out and rilled up under the direction of the Health Officer. (December 16, 1889.) 450— Privy vaults, etc. Sec. 450. When a privy vault or cess pool must necessarily be used, it shall be absolutely water tight ; shall be at least ten feet from any well or cistern of which the water is used for household purposes, and must not be allowed to fill within four feet of the top. Whoever violates any provision of this section shall be fined for the first offense not less than Fifty nor more than One Hundred Dollars ; and for the second offense not less than One Hundred nor more than Two Hundred Dollars. (December 16. 1889.) 451 —Water closets. Sec. 451. Water closets may be of any approved pattern, except pan closets, which are prohibited. (December 16, 1889.) 452— Waste pipes and traps, etc. Sec. 452. No waste pipe from any kitchen, sink, urinal, closets or other fixture shall discharge into the soil beneath any floor or building. No privy vaults or cesspools shall be connected with private or public sewers. No privies or cess pools shall be allowed in the basement of any cellar. All private sewers connecting with packing or butcher shops, laundries, hotels, eating houses, restaurants, or other public cooking establishments, shall be provided with grease traps of such design as the Engineer may approve. (December 16, 1889.) SEWERS AND SEWER COMMISSION 155 453— Engineer and Health Officer. Sec. 453. All sewers, drains, urinals, sewer gas and waste traps and pipes, and everything' pertaining to house drainage beyond the lines of any street, lane, alley, or other public grounds shall be accessible to the City Civil Engineer, his assistants and the Health Officer, and shall, except where otherwise provided, be under the care and control of the Health Officer. (December 16, 1889.) 454— Inspection. Sec. 454. Pipes or other fixtures shall not be covered or concealed from view until after the work has been examined by the Engineer or one of his assistants, who shall be notified when the work is sufficiently ad- vanced for inspection. (December 16, 1889.) 455— Inspection. Sec. 455. Any house drain or sewer put in and covered without due notice to the Engineer or one of his assistants must be uncovered for inspection at the discretion of the Engineer. (December 16, 1889.) 456— Penalty. Sec. 456. Whoever violates or fails to comply with any of the pro- visions of Sections 419 to 455 inclusive, except where another penalty is specially provided, shall, upon conviction thereof, be fined not less than Five ($5.00) Dollars nor more than Fifty ($50.00) Dollars and the costs of prosecution. (October 9, 1905.) 457— House connections— Cost of same. Sec. 457. All persons desiring to make or repair house connections with main or lateral sewers in the streets or alleys of the City of Canton, Ohio, shall apply in person or by agent at the office of the City Civil Engineer of the Department of Public Service, upon which application they shall pay to the City of Canton such an amount of money as the Board of Public Service shall designate, to cover the cost of constructing or repairing said house connection from the sewer to the lot line of the property to be served, and when said house connection is on a paved street or alley of said city the cost of the restoration of all pavements opened for such purpose shall be added to the cost of constructing and repairing said connection. Thereupon the Board of Public Service shall cause said house connection to be constructed or repaired under the direc- tion and supervision of the City Civil Engineer. (May 21, 1906.) 156 REVISED ORDINANCES 458— Board of Public Service to establish schedule of prices. Sec. 458. It shall be the duty of the Board of Public Service, upon the passage of this ordinance, to establish schedule of prices for such construction or repair, which shall be as near as practicable, the actual cost thereof, and which schedules may be changed or amended from time to time as the said board may find necessary to make the schedules conform to such cost. (May 21, 1906.) CHAPTER XXXI SIDEWALKS. Section. 459. Grade and width. 460. Construction of sidewalks. 461. In front of private residences. 462. Carriage and driveway. Penalty. 463. Coal cellars or pits. Penalty. 464 Unloading upon. Penalty. 465. Repair. Duty of Street Commissioner. 466. Fruit stands, etc. Exception. 467. Penalty. 468. Crossiugs. 469. Inspectors. 470. Hitching posts. 471. Trees. 472. Trees near lights. 473. Signs. 474. Awnings, signs, etc. 475. Penalty. 476. Width. 477. Sidewalks on grade under direction of Engineer. 478. Construction or repairs of sidewalks when costs exceed five dollars. Notice. Section. 479. Council may construct. Assessment and penalty. 480. Repairs of dangerous defects. Notice. I amend an ordinance passed January 9th, 1888, entitled an ordinance granting to The Canton Street Railway Com- pany the right to extend their lines on part of Tenth street and Rail- way street, etc., also to amend an ordinance, passed February 4, 1889, amending section three of said first ordinance." Section 1. Be it ordained by the Council of the City of Canton, Ohio, That whereas, The Canton Street Railway Company, operating the lines of Street Railway under and by virtue of the ordinances above referred to, have by communication to the City Council dated January 21st, 1889, signified its willingness and desire to change the motive power upon its 204 REVISED ORDINANCES lines of street railway ; and whereas, there is a desire on the part of the people of the said city, generally for a more convenient and rapid mode of transit, and that an electric system be substituted for animal power for the movement of cars ; Therefore, The Canton Street Railway Company, its successors and assigns, is hereby granted permission to operate its lines of street railway by electricity, and for that purpose it is granted per- mission to erect and maintain wooden poles and wires and the necessary appliances and fixtures for conducting currents of electricity for the pur- pose of transmitting and producing power, to propel and operate its cars, upon all its lines of street railway in said city now constructed, and upon such as it may hereafter construct and operate by virtue of the above mentioned ordinances, provided, however, that the electric system adopt- ed by said Company, its successors and assigns, for propelling and oper- ating their cars, shall be an approved system and provided further that the Council may require after twelve years from the taking effect of this ordinance, the said Company, its successors and assigns to substitute iron for wooden poles, the erection of such poles and the placing of wires thereon shall be under the supervision of and subject to the control of trie City Civil Engineer, such poles shall not be over twenty-five feet in height above the ground, shall be neat and regular in form, shall be painted in dark color and shall be repainted from time to time as the City Council may direct, they shall be set one hundred and twenty feet apart, except where otherwise expressly permitted by said City Civil Engineer; such poles shall be placed at such points near the curb, stone as shall be designated by the City Civil Engineer. Should it be necessary in the prose- cution of any work by the city, that such poles should be temporarily re- moved, such removal shall be made by such Company, its successors and assigns, at its own cost without any claim for damages therefor, on the part of said company, its successors or assigns. Said Street Railway Com- pany, its successors and assigns, shall protect the wires of the City's Fire Alarm System from contact with wires of said Company, its successors and assigns, by some means satisfactory to the Chief of the Fire Depart- ment of said city, and they shall also protect all telegraph and telephone wires, from contact with the wires of said Company, its successors and assigns, by some means satisfactory to the City Civil Engineer. Sec. 2. Said Company, its successors and assigns, is also hereby granted the right to lav double track upon West Tuscarawas street in said SPECIAL ORDINANCES 205 city, in place of single track now maintained by it on the said part of said street, said double track shall be as near to each other as practicable, and at equal distance from the center of said street, where the same may be laid. But said double track shall not be constructed until in the opinion of the City Council, the public convenience and the travel on said street require the same. Sec. 3. Said Company, its successors and assigns, shall at all times conform to such rules and regulations as may from time to time be made by the Council as to the rate of speed it may run its cars ; and while the cars of said Company are in motion, or about to start, a bell shall be sounded at such time as may be necessary to warn persons of danger. Sec. 4. The privilege of constructing an electric system, and the operation of its lines as hereinbefore provided, is granted, in considera- tion of the improved facilities hereby contemplated, and by reason thereof, and also on account of the large expenditure necessary to secure the same, the franchises heretofore granted to said Company by the foregoing ordinance, and the franchises and privileges granted to said Company, its successors and assigns, by this ordinance shall be in force for a period of twenty-five (25) years, from and after the date of the passage of this ordinance and of its taking effect. Sec. 5. Said Railway Company, its successors and assigns, shall at all times hereinafter defend, keep harmless and indemnify the City ot Canton of and from all damages, lawful claims, and demands for injuries to persons or property, costs and expenses to which said City may be subjected or made liable by any proceeding at law or in equity, or otherwise growing out of the grant of the privileges in this ordinance granted, or out of the exercises and enjoyment of the same by said Com- pany. Sec. 6. Said Street Railway Copmany shall in writing accept the permission and privileges hereby granted, and agree to comply with, adopt and abide with all the provisions, conditions and restrictions upon which the same are granted, within thirty days after passage of this ordi- nance, and shall, within said time, file the said written acceptance with the City Clerk, otherwise this ordinance shall be null and void ; and such accept- ance shall be deemed an agreement on the part of said Railway Cofmpany with said city to perform all and singular the matters and things required by said company to be by it performed under this ordinance. Should 206 REVISED ORDINANCES said Company, its successors and assigns, fail to construct and begin the operation of its said electric system within one year after the date 01 cne taking effect of this ordinance, then it shall be deemed to have abandonee its rights to have its said franchises extended for the i eriod of tweiicy- five (25) years as aforesaid, and in respect thereto this ordinance shall then be deemed null and void; and said Company, its successors and assigns, shall have only the rights and franchises granted to if, which are in fact granted by the ordinance first above referred to. Sec. 7. Whenever the City Council shall cause any of the streets, or parts of streets, in and through which the tracks of The Canton Street Railway Company, its successors and assigns now or may hereafter extend to be paved with gravel, boulders, fire brick or such other material as may be deemed proper, The Canton Street Railway Company, its suc- cessors and assigns shall pay so much of the expense thereof as may bt necessary to have the space between the rails of their tracks, and for a distance of nine inches outside the rails on either side of their said tracks and the space between the main tracks and switches upon the same terms and conditions that may be prescribed for abutting property holders. The provisions of this section shall apply to the improvements of all streets and parts of streets, save and except in those improvements for which the contracts have already been let. Sec. 8. All the provisions of the four ordinances above referred to in the title of this ordinance, viz: An ordinance passed March 31, 1884, entitled "An ordinance granting to the Canton Street Railway Compan)^ the right to construct, maintain and operate a street railway, etc.," also an ordinance passed September 13, 1886, entitled "An ordinance granting to The Canton Street Railway Company the right to extend tneir tracks on Cleveland avenue, etc.," also an ordinance passed January 9, 1888, granting to The Canton Street Railway Company the right to extend their lines on part of Tenth street and in Railway street in said city, etc., also an ordinance passed February 4, 1889, amending section three of said ordinance, passed March 4, 1884, which are inconsistent with the terms and provisions of this ordinance are hereby repealed, but the same shall be restored to full force and effect in case said Street Railway Company, its successors and assigns, should abandon and forfeit the rights hereby granted, to-wit : at the end of one year after the taking effect of this ordinance. Passed September 16, 1889. SPECIAL ORDINANCES 207 Canton, Ohio., September 2i s 1889. To the City Council, Canton, Ohio : The Canton Street Railway Company hereby accept the permission and privileges granted to it by the ordinance of said City Council entitled "An ordinance granting to The Canton Street Railway Company the right to use electricity as a motive power, etc.," passed September 16, 1889, and it does hereby agree to comply, adopt and abide with all the pro- visions, conditions and restrictions upon which said ordinance is granted. The Canton Street Railway Company, By G. E. COOK, President. AN ORDINANCE Granting to The Lake Side Street Railroad Company the right to use electricity as a motive power, and to reconstruct its lines of street railway for that purpose, also to amend an ordinance passed April 2, 1885, entitled "An ordinance granting the right of way to Percy S. Sowers, his assigns and successors, to construct, operate and main- tain a street lailroad from Canton to Meyer's Lake." Section I. Be it ordained by the City Council of the City of Canton, Ohio, That whereas, The Lake Side Street Railroad Company, operating a line of street railway, under and by virtue of the ordinance above re- ferred to, has, by a communication to the City Council, dated January 21, 1889, signified its willingness and desire to change its motive power upon its line of street railway, and whereas, there is a desire on the part of the people of said city and the territory adjoining thereto, for a more convenient and rapid mode of transit between said city and Meyers Lake, and that an electric system be substituted for animal power for the move- ment of care; therefore, The Lake Side Street Railroad Company, its successors and assigns, is hereby granted permission to operate its lines of street railway by electricity, and for that purpose it is granted per- mission to erect and maintain wooden poles and wires, and the neces- sary appliances and fixtures, for conducting currents of electricity for the purpose of transmitting and producing power to propel and operate its cars upon its lines of street railway in said city, and also between said city 208 REVISED ORDINANCES and said Meyer's Lake. Provided, however, that the electric system adopted by said Company, its successors and assigns, for propelling and operating their cars, shall be an approved system ; and, provided further, that the Council may require, after twelve years from the taking effect of this ordinance, the said Company, its successors and assigns, to sub- stitute iron for wooden poles, on all parts of the lines of the said Com- pany, its successors and assigns, that may be in the city limits at that time or at any time thereafter, the erection of such poles and the placing of wires thereon, shall be under the supervision of and subject to the control of the City Civil Engineer. Such poles shall not be over twenty- five feet in height above the ground, shall be neat and regular in form, and all poles that are upon the streets of said city or upon the public highway west of said city shall ibe painted in dark color and repainted from time to time as the City Council may direct; they shall be set one hundred and twenty-five feet apart, except where otherwise expressly permitted by the City Civil Engineer. Such poles shall be placed at such points near the curb stone, as shall be designated by the City Civil Engineer, and where there is no curbing they shall be set at such distance from the side of the street or highway as said Engineer may direct. Should it be necessary in the prosecution of any work by the city, that such poles should be temporarily removed, such removal shall be imade by the said Company at its own cost without any claim for damages therefor on the part of said Company. Said Street Railroad company, its successonrs and assigns, shall protect the wires of the City's Fire Alarm System from contact with the wires of said Company, by some means satisfactory to the Chief of the City Fire Department, and all telegraph and telephone wires from contact with the wires of the said Company, by some means satisfactory to the City Civil Engineer. iSec. 2. Said Company, its successors and assigns, are also hereby granted the right toi lay double track on the whole or any portion of its said line in place of the single track now maintained by it. Said double tracks shall be' as near to each other as practicable, and at equal distance from the center of said street; and where its line is in the public highway west of said city, said tracks shall be at one side of said highway, but said double track shall not be constructed until in the opinion of the Council tin- public convenience and the travel on said line requires the same. SPECIAL ORDINANCES 209 Sec. 3. In case the limits of said city are extended so as to include any part of the highway west of said city, on which the Company now has its line located on the side of the public highway, said Company, its successors and assigns, shall if ordered by the City Council, move its track or tracks from the side to the center of that part of the public high- way which may be embraced in such extension of the city limits. Sec. 4. Said Company, its successors and assigns, shall at all times conform to such rules and regulations as may from time to time be made by the Council as to the rate of speed it may run the cars' on said streets of said city, or on the public highway west thereof, or when crossing any public highway, and while the cars of said Company are in motion, or about to start a bell shall be sounded at such times as may be neces- sary to warn persons of danger. Sec. 5. The privilege of constructing an electric system and the operation of its lines as hereinbefore provided, is granted in consideration of the improved facilities hereby contemplated, and by reason thereof, and also on account of the large expenditures necessary to secure the same. The franchises heretofore granted Percy S. Sowers and now held by said Company by the foregoing ordinance, and the franchises and privileges hereby granted to said Company, its successors and assigns, by this ordinance, shall be in force for a period of twenty-five years from and after the date of the passage of this ordinance and the taking effect thereof. Sec. 6. Said Railroad Company its successors and assigns, shall at all times hereafter defend, keep harmless and indemnified the City of Canton of and from all damages, lawful claims and demands for injuries to persons or property, costs and expenses to which said city may be sub- jected or made liable by any proceeding at law or in equity, or other- wise growing out of the grant of the privileges in this ordinance granted, or out of the exercise and enjoyment of the same by said Company. Sec. 7. Said Street Railroad Company shall in writing accept the permission and privileges hereby granted and agree to comply with, adopt and abide with all the provisions, conditions and restrictions upon which the same are granted within thirty (30) days after the passage of this ordinance, and shall, within said time file the said written acceptance with the City Clerk, otherwise this ordinance shall be null and void, and 210 REVISED ORDINANCES such acceptance shall be deemed an agreement on the part of the Street Railway Company with the said city to perform all and singular the matters and things required by said Company to be by it performed under this ordinance. Should said Company, its successors and assigns, fail to construct and begin operation of its said electric system on said street and public highway within one year after the date of the taking effect of this ordinance, then it shall be deemed to have abandoned the rights thereby granted to use electricity as a motive power, and its rights to have its said franchises extended for the period of twenty-five (25) years as aforesaid, and in respect thereto this ordinance shall then be deemed null and void, and said Company, its successors and assigns, shall have only the rights and franchises granted to it which are in fact granted by the ordinance first above referred to. Sec. 8. Whenever the City Council shall cause any of the streets in and through which the tracks of The Street Railroad Company, its suc- cessors and assigns, now or may hereafter extend, to be paved with gravel, boulders, fire brick or such other material as may be deemed proper. t The Lakeside Street Railway Company, its successors and assigns, shall pay so> much of the expenses thereof as may be necessary to pave the space between the rails of their tracks and for a distance of nine inches outside of the rails on either side of their said tracks, and the space between the main tracks and switches, upon the same terms and condi- tions, that may be prescribed for abutting property holders, the provisions of this section shall apply to the improvement of all streets and parts or sterets, save and except in those improvements from which the contracts have already been let, and the provisions of this section shall also apply to all such parts of the lines of said Company, its successors and assignts, as may hereafter be embraced within the limits of said city. Sec. 9. All the provisions of the ordinance first above referred to, which are inconsistent with the terms and provisions of this ordinance are hereby repealed, but the same shall be restored to full force and effect in case said Street Railroad Company, its successors and assigns, should abandon and forfeit the rights hereby granted to it at the end of one year after the taking effect of this ordinance. Passed September 23, 1889. SPECIAL, ORDINANCES 211 Canton, Ohio, September 24, 1889. To the City Council, Canton, Ohio : The Lakeside Street Railroad Cdmpany hereby accepts the permis- sion and privileges granted to it by the ordinance of said City Council entitled, "An ordinance granting to The Lakeside Street Railroad Com- pany the right to use electricity as a motive power, etc., passed September 23, 1889, and it does hereby agree to comply with, adopt and abide with all the provisions, conditions and restrictions upon which said ordinance was granted. The Lakeside Street Railway Company, By G. E. COOK, President. The above acceptance was filed in the office of the City Clerk on the 26 day of September, A. D. 1889. H. G. SCHAUB, City Clerk. AN ORDINANCE Establishing a Street Railway Route on South Market and Bridge Streets. Be it ordained by the Council of the City of Canton, Ohio, as fol- lows : — Section 1. That a street passenger railroad route to be known as route number two be and the same is hereby established in said City ot Canton, Ohio, as follows : — Commencing at a point on South Market Street in said City near Lathrop Street, being the present southern ter- minus of The Canton-Massillon Electric Street Railway; thence south- wardly and southwestwardly along said Market Street to Bridge Street; thence west along Bridge Street to Dueber Avenue. The number of tracks on said streets to be one or two tracks, but said second track shall not be constructed until in the opinion of the City Council the public convenience and travel on said streets may require the same, and that said franchise be limited to fifty years. Sec. 2. The construction of said railroad shall be completed with either one or two tracks within sixty days from the taking effect of the ordinance that may be passed granting the right to any person or cor- poration to build said street railroad as far as Garfield Avenue. 212 REVISED ORDINANCES Sec. 3. The track or tracks of said street railroad shall be laid as near the center of said streets as practicable, and to be of a width uniform with the tracks of the street railroad now in said city, and should the gauge of the connecting street railroad now in said city be changed then the gauge of this route may be changed, and tha top surface of the rails to be so laid and a rail of such character to be used as not to be unreason- able impediment to the ordinary use of said street by wagons and car- riages. The space between such rails and for a distance of eighteen inches beyond and outside of said rails on either side of said track, shall be filled with a bed of pounded stone or other good and suitable materials to the depth of at least six inches and the top surface thereof to be covered with a good and substantial bed of clean gravel. Sec. 4. The person or corporation constructing, operating or main- taining said street railroad in addition to the main tracks upon said streets may, construct, operate and maintain all such switches, pass-ways and turning tracks as may be reasonably proper. But the manner of con- structing the same and the places of their location shall be made subject to the approval of the City Council. Sec. 5. The said railroad and its tracks, cars and other equipments, shall be kept by the person or corporation operating the same, in good order and repair and safe. And there shall be placed on said road, cars of good construction with the latest improvements, for the convenience and comfort of passengers, and they shall be run under such reasonable directions as the City Council may from time to time prescribe. Sec. 6. The cars upon said street railway may be operated or drawn by horses or electricity or by any motive power other than steam. In case the said street railroad is operated by electricity, then the person or corporation so operating said railroad may erect and maintain wooden poles and wires and the necessary appliances and fixtures for con- ducting currents of electricity for the purpose of transmitting and pro- ducing power to propel its cars upon said line, provided, however, that the electric system adopted for said street railroad, shall be an improved system, and provided further, that such poles shall not be less than twenty- five feet in height above the ground, shall be neat and regular in form, shall ])(• painted in dark colors ,and repainted from time to time as the City Council may direct, they shall be set generally one hundred and SPECIAL ORDINANCES 213 twenty-five feet apart; such poles shall be placed at such points near the curb stone as shall be designated by the City Civil Engineer. Should it be necessary in the prosecution of any work by the city that such poles should be temporarily removed, such removal shall be made by the person or company then operating said railroad, at his or its own cost, without any claim for damages therefor. And the said person or company so constructing, maintaining and operating said railroad shall protect the wires of the city's fire alarm system from contact with the wires of said street railroad by some means satisfactory to the Chief of the Fire Department of said city, and they shall also protect all telegraph and telephone wires from contact with the wires of said street railroad by some means satisfactory to the City Civil En- gineer. Sec. 7. Each passenger upon said street railroad may be compelled to pay in advance a fare to be hereafter fixed by the City Council for riding in said cars one continuous trip from any point of said line to another point, to be designated by such passenger, provided that the passengers so required to pay fare and paying the same, shall be trans- ported fro/m point to point with reasonable dispatch, and provided fur- ther, that children less than five years old, when accompanied by parent or guardian, shall be allowed to ride free, and provided that said company shall be allowed to charge double fare between the hours of eleven o'clock P. M. and five o'clock a. m. Sec. 8. The person or company operating said street railroad shall at all . times hereafter defend, keep harmless and indemnify the City of Canton from all damages, lawful claims and demands for injuries to per- sons or property and costs and expenses to which said city may be sub- jected or made liable by any proceeding at law or in equity, or otherwise growing out of the grant of the privileges in this ordinance set forth or out of the exercise or enjoyment of the same. Sec. 9. Whenever the City Council shall cause any of the streets or parts of streets in and through which the tracks of said street railroad shall be constructed or extended, to be paved with gravel, boulders, brick and such other proper material, then the person or company operating said street railroad shall pay so much of the expense thereof as may be necessary to pave the space between the rails and their tracks, and for a 214 REVISED ORDINANCES distance of nine inches outside the rails on either side of said tracks, and the space between the main tracks and switches upon the same terms and conditions that may be prescribed for abutting property holders ; or such person or company shall at his or its option construct the pavement or roadway over that portion of the width of the street hereinbefore specified according to the plans and specifications adopted by the City Council for the remainder of the street, and subject to the approval of the City Civil Engineer or such other official as the city may designate. Sec. 10. The cars upon said street railroad shall be entitled to the track, and any vehicles upon the track or tracks shall turn off therefrom when required, for the passage of such cars, so as to leave it unobstructed. And the driver of any vehicle refusing so to do shall be fined before the Mayor of the City of Canton, not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) and costs; all fines to be paid into the city treasury. Provided that reasonable time shall be allowed for the removal of buildings or any other large or heavy loads under the permit of the proper city authorities. Sec. II. Said street railroad shall be operated under the following conditions and under such other reasonable conditions as may hereafter from time to time be prescribed by the City Council. First — No car shall stop on street crossings nor in front of any intersecting street, except to avoid collisions or damage to person or property, nor shall any cars be left standing on the streets except under care of so/me person. Second — When a car is stopped at the intersection of streets to re- receive or unload passengers, it shall be so as to leave the rear platform slightly over the crossing. • Third — Conductors and motormen shall be vigilant in the avoidance of all damages to persons and teams, and when necessary the cars shall be stopped in the shortest possible time. Fourth — After dusk in the evening each car shall be provided with a suitable signal light at each end thereof, and at all times there shall be a gong upon the car, and when the cars are in motion or about to start, the bell shall be sounded at such times as may be necessary to warn per- sons of danger. Sec. 12. The City Clerk is hereby directed to advertise for sealed SPECIAL ORDINANCES 215 proposals to construct, maintain and operate said railroad route as estab- lished in section One hereof, for a period of three consecutive weeks as provided by law. Sec. 13. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed September 21, 1896. AN ORDINANCE Granting permission to construct and operate a Street Railroad on Route No. 2, on South Market Street and Bridge Street in the City of Canton, Ohio. Whereas, the Council of the City of Canton, Ohio, did, by ordinance passed the 21st day of September, 1896, establish Street Railroad Route Xo. 2 on South Market Street and Bridge Street in said city ; and, Whereas, the City Clerk of said City, in pursuance of the direction in said ordinance contained did give public notice by publication in the "News-Democrat," "Evening Repository," Canton Daily Record," and "Ohio Volks Zeitung," newspapers published daily in said city, and of general circulation therein, for three consecutive weeks next pre- ceding the 2nd of November, 1896, advising the public that sealed pro- posals would be received until 12 o'clock, noon, on Monday, the 2nd of November, 1896, by the City Council of said City, for the granting of the right to construct and operate for the period of fifty years said Street Railroad Route, as established in said ordinance above referred to; and Whereas, bids were received by said City Council through its Clerk at the time mentioned in said notice, and were opened by said Clerk at said time, and, it appearing that William A. Lynch proposes to carry passengers on said Street Railroad at lower rates of fare than any other bidders, namely, for single cash fare five (5) cents each ; for children ten (10) years of age and over five (5) years of age, three (3) cents ; children under five years of age,when accompanied by parent or guardian, shall ride free; but reserving the right to charge double fares from eleven o'clock P. M. to five o'clock A. M., commutation tickets in packages 24 for $1.00; 12 for 50 cents; and 6 for 25' cents, together with transfer of 216 REVISED ORDINANCES passengers between said Route No. 2 and all of The Canton-Massillon Electric Street Railway Company, known as Route No. 1 ; and has filed with said City Council a written consent of a majority of the property owners on the line of said proposed Street Railroad, represented by the feet front of the lots abutting upon the streets in which it is proposed to construct such street railroad. Now, therefore, be it ordained by the Council of the City of Canton, Ohio, as follows : Section 1. That permission be and is hereby granted to William A. Lynch, or his assigns, to construct, maintain and operate said Street Rail- road No. 2, as follows : — Commencing at a point on South Market Street in said city, near Lathrop Street, being the present southern temiinus of The Canton-Massillon Electric Street Railway, thence southwardly and southwestwardly along said South Market Street to Bridge Street ; thence westwardly along Bridge Street to Dueber Avenue. Sec. 2. That the foregoing grant shall be for the term of fifty (50) years, and shall be subject to all the terms and conditions contained in an ordinance establishing said route, passed on the 21st day of September, 1886. Sec. 3. That the rate of fare named in the preamble to this ordi- nance, namely, single cash fare 5 cents ; commutation tickets in packages 24 for $1.00; 12 for 50 cents; and 6 for 25 cents, together with transfer of passengers between said Route No. 2 and The Canton-Massillon Street Railway Company, known as Route No. 1 ; children under ten years ot age and over five years of age three cents ; children under five years, when accompanied by parent or guardian, to be allowed to ride free; but re- serving the right to charge double fares from eleven o'clock P. M. to five o'clock A. M. Sec. 4. This ordinance shall take effect and be in force from and after its passage and legal publication, and written acceptance thereof by said William A. Lynch, his successors and assigns. Passed November 9th, 1896. SPECIAL ORDINANCES 217 AN ORDINANCE. Establishing an Electric Street Railway Route on certain streets in the City of Canton, Ohio, to be known as route number four. Be it ordained by the Council of the City of Canton, Ohio, as follows . Section I. That an electric street railway route, to be known as route number four, be and the same is hereby established as follows : Commencing at the intersection of South Market Street and Navarre Street and running thence west on Navarre Street to Garfield Avenue ; thence south on Garfield Avenue to Bridge Street. That the said electric street railway to be built and established in and upon said route shall be constructed and equipped and operated in the manner following, to-wit : First — Said electric street railway shall be constructed with single track only and with all proper and necessary switches and turnouts and shall be laid as near the center of the street over the entire route as practicable, except that from South Market Street to South McKimey Avenue said track shall be laid as near the present track of the C. T. & V. R. R. switch on said street as practicable, the City Council reserving the right to require said track to be removed to the center of the street when that part of Navarre Street is paved or about to be paved. Second — At the time of building said track and before cars are oper- ated thereon, the person or company constructing the same shall, on all streets on said route, fill or cause to be filled between the rails and for a space of eighteen inches on the outside of the rails, and between the tracks where switches or turnouts are laid, all to the depth of ten inches, with clean gravel. and shall cause the same to be permanently so main- tained or until said streets are paved as hereinafter provided, and the rails to be used in building said line' shall be of a weight of not less than sixty pounds per yard. Third — Said track shall be laid to the present surface grade of all the streets over which it shall be located and should a change be hereafter made in the grade of any of said streets, the person or company owning or controlling said track shall make the same conform to such changed grade when ordered so to do by the City Council, without receiving or 218 REVISED ORDINANCES being entitled to receive from said city any compensation or damages by reason of such change of grade. Fourth — The motive power to be used in propelling cars on said line shall be electricity. Fifth — The right to operate and construct said street railway shall include the right to erect poles and string trolley wires and such other wires and appliances as are proper and necessary for conducting the electric current for propelling cars and maintaining lights. Said poles shall be of wood not less than twenty-five feet in length, shall be firmly set in the ground a depth of at least four feet, shall be placed as nearly as practicable the uniform distance of one hundred and twenty-five feet apart, shall be placed near the curb line of the street and shall be so located as not to interfere with the ingress and egress of abutting property. The Standing Committee on Streets and Alleys of the City Council shall have power and authority to change the location and order the removal of any of said poles and they may be temporarily removed when necessary when any improvements or repairs are being made by authority of the City Council. Said poles shall be painted when erected and shall be re- painted from time to- time as the Council may direct. The wires herein mentioned shall be provided with the latest approved appliances for pro- tection of life and property and shall be so laid, placed and constructed as not to interfere in any manner with the wires and appliances of the City's Fire Alarm System or Police Patrol System or any other wires that may be hereafter used and controlled by the city, and the city shall have the right and privilege to use any or all of said poles, free of cost. Sixth — The cars to be used on said line shall be provided with all the latest improved appliances for the comfort and protection of passengers and employees, having special reference to lighting and heating, and to be provided with vestibules at the forward end thereof completely protect- ing the motorman from wind and storm during the months of November, December, January, February and March of each year. They shall be provided at either end with a suitable signal light which shall be lighted and kepi burning at night, and they shall be provided at the forward end of each car with a bell or gong. The person or company building or Operating said street railway line shall cdmply with any and all reasonable rules and provisions that may be hereafter passed and adopted by the SPECIAL ORDINANCES 219 City Council touching the equipment and operation of said street railway line. Seventh — Said entire route shall be completed and in operation within forty-five days from and after the passage of this ordinance grant- ing the franchise for the construction and operation of said street railway. Eighth — At least five cars per hour from 6 A. M. or earlier to 10:30 P. M. or later shall be operated over said line daily, except Sunday when cars may begin running at 8 A. M. Ninth — The ordinance hereafter to be passed granting a franchise for the construction and operation of said route shall also be upon con- dition that the person or company receiving such franchise shall, in addi- tion to the construction and operation herein provided for, construct and operate a street railway line on South Market Street from Lathrop Street to The Cleveland, Canton and Southern Railroad, the same to be con- structed, equipped and operated in the manner herein provided for the said route number four. Sec. 2. Whenever the City Council shall cause any of the streets in and through which said route is established, to be graded, regraded, paved or repaved with gravel, boulders, fire brick or such other material as may be deemed proper, or to be both graded and paved, then the person or company operating said street railway shall pay so much of the ex- pense thereof as may be! necessary to grade or pave the space between the rails of their tracks and for a distance of nine inches outside of the rails on either side of said tracks upon the same terms and conditions that may be prescribed for abutting property holders, and the provisions of this section shall apply to and include alley and street intersections. Sec. 3. The person or company using the street or electric railway line shall keep its roadbed and any and all street paving in good and con- tinuous repair, and upon failure so to do within ten days after the adoption by the City Council of a resolution to the effect that such repair is neces- sary, the City Council reserves the right to cause such repair to be made through its Street 'Commissioner or Civil Engineer, and have the cost thereof reported to the City Council, who shall cause the same to be certified to the County Auditor, and placed upon the tax duplicate for collection and be collected as other taxes. Sec. 4. The person or company operating said street railroad shall 220 REVISED ORDINANCES at all times hereafter defend, keep harmless and indemnify the City ol Canton from all damages, lawful claims and demands for injuries to persons or property, and costs and expenses to which said city may be subjected or made liable by any proceeding at law or in equity, or other- wise growing out of the grant of the privileges in this ordinance set forth, or out of the exercise or enjoyment of the same. Sec. 5. The franchise for the building and operating a street railway on said route, to be granted; by ordinance to be hereafter passed, shall be for the term of twenty-five years from the passage of such ordinance, and said franchise shall not be negotiable or transferable until such route shall be completed and in operation. Sec. 6. The grant of a franchise to construct and operate a street railway on said route shall be upon the condition that should the company or person to Jwh° m such franchise is granted its or his successors or assigns, fail, neglect or refuse to comply with any of the provisions of this ordinance, or should fail to operate any cars on said line for a period of ten consecutive days, then such franchise shall be forfeited and become null and void at the option jof the City Council. Sec. 7. That the City Clerk is hereby directed to advertise for sealed proposals to construct and operate" said street railroad route as established in section one hereof, for a period of three (3) consecutive weeks as pro- vided by law. Sec. 8. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed October 3rd, 1898. AN ORDINANCE Granting permission to construct and operate a street railway route in the City of Canton, known as street railway route number 4. Whereas, The Council of the City of Canton, Ohio, did by ordinance passed on the 3rd day of October, 1898, establish street railway route number four, and, Whereas, Louis N. Ley, Clerk of said City, in pursuance of the direc- tion in said ordinance 'contained, did give public notice by publication in SPECIAL, ORDINANCES 221 the "News-Democrat" and the "Evening Repository," newspapers pub- lished daily in said city and of general circulation therein for three con- secutive weeks next preceding the 22nd day of October, 1898, advising the public that sealed proposals would be received until twelve o'clock noon on the 22nd day of October, 1898, by the City Council of said city, for the grant of the right to construct and operate, for a period of twenty-five years, said street railway route as established in said ordinance, and, Whereas, Bids were received by said City Council through the City Clerk, at the time mentioned in said notice, and were opened by said Clerk at said ti'me, and it appearing that Wm. A. Lynch proposes to carry passengers on said street railway at lower rates than any other bidder, namely: for single cash fares, five cents; for children under ten years of age and over five years, three cents ; children under five years of age when accompanied by parent or guardian, shall be allowed to ride free but re- serving the right to charge double fares from eleven o'clock P. M. to five o'clock A. M., and proposing to sell twenty-four tickets in a package for one dollar; twelve tickets in a package for fifty cents and six tickets in a package for twenty-five cents; and has also submitted with his bid an agreement entered into between him, the said William A. Lynch, and the Canton-Massillon Electric Railway Company whereby passengers upon said route number four shall have free transfers to any point upon the present lines of the said The Canton-Massillon Electric Railway Company in said City of Canton, and has also filed with said City Council the written consent of a majority of the property owners on the line of said proposed street railway, represented by the feet front of the lots abutting upon each of the street?, in which it is proposed to construct such street railway, now therefore, Be it ordained by the Council of the City of Canton, Ohio, as follows: Section 1. That permission be and is hereby granted to William A. Lynch, his heirs and assigns, to construct and operate said street railway route number four as follows : — Commencing at the intersection of South Market Street and Navarre Street and running thence west on Navarre Street to Garfield Avenue ; thence south on Garfield Avenue to Bridge Street. Sec. 2. That the foregoing grant shall be for a term of twenty-five years, and shall be subject to all the terms, conditions, stipulations and 222 REVISED ORDINANCES provisions contained in an ordinance entitled "An Ordinance establishing an electric street railway route on certain streets in the City of Canton to be known as route number four/' passed October 3rd, 1898. Sec. 3. The rate of fare shall at no time exceed the rate named in the preamble of this ordinance, namely : single cash fares, five cents, children under ten years of age and over five 'years, three cents ; children under five years when accompanied by parent or guardian, shall be allowed to ride free, but authorize a charge of double fare from eleven o'clock P. M. to five o'clock A. M. Twenty-four tickets in a package sold for one dollar, twelve tickets in a package for fifty cents, and six tickets in a pack- age for twenty-five cents. Sec. 4. The above grant is on the further condition that the said William A. Lynch deposit with the City Clerk forthwith upon the passage of this ordinance, a sum sufficient to pay the cost of publishing all the necessary notices, resolutions and ordinances connected with the estab- lishing of said route and granting said 'franchise, and file with the City Clerk a written consent, binding himself, his heirs, successors and assigns, to abide by and comply with the terms and provisions of this ordinance and the ordinance establishing said route. Sec. 5. This ordinance shall take effect and be in force from and after the passage of this ordinance. Passed November 5, 1898. ) Canton, Ohio, November 12th, 1898. To the City Council, Canton, Ohio : Gentlemen : — I, William A. Lynch, hereby accept the permission and privileges granted me by the ordinance of the City Council, entitled "An Ordinance granting permission to construct and operate a street railway route in the City of Canton, Ohio, known as street railway route number 4," on Navarre Street and Garfield Avenue, passed November 5, [898, and docs hereby agree to cqmply, adopt and abide with all the pro- visions, conditions and restrictions upon which said ordinance is granted, and does further agree for himself, his successors and assigns, to carry free on said route members of the police force and" fire department when in uniform. WILLIAM A. LYNCH. SPECIAL ORDINANCES 223 AN ORDINANCE Granting to The Canton-Massillon Electric Railway Company the right to extend its lines on part of Lake Street in the City of Canton, Ohio, and to construct, maintain and operate said extension of its said rail- way, and prescribing the terms and conditions upon which the same may be done. Whereas, Said the Canton-Massillon Electric Railway Company has made application in writing, t othis Council, for permission to extend its Mahoning Street line from its present terminus at the intersection of Lake Street ; thence eastwardly along the center of Lake Street to the eastern corporation limits of this city, and, Whereas, It appears that the consent in writing has been obtained of the owners of more than one-half of the feet front of the lots and lands abutting upon said Lake Street between Mahoning Street and the eastern corporation line of this city, along which it is proposed to construct the said extension, and said consent has been produced to this Council, now, therefore, Section I. Be it ordained by the Council of the City of Canton, Ohio, that said The Canton-Massillon Electric Railway Company, its successors and assigns be, and it is hereby granted the right to construct, maintain and operate an extension of its line of Street Railway froim the intersection of Mahoning and Lake Streets; thence eastwardly along the center ol said Lake Street to the present eastern corporation line of said city, and the right to erect, maintain and operate all poles, trolley wires and other wires necessary in the operation of said extension ; and said extension shall be constructed, operated and maintained in the same manner as in the present line of said Company's Street Railway in the city, and all the pro- visions of an ordinance passed by the Council of the City of Canton, Ohio, on March 31, 1894, entitled, "An ordinance granting to the Canton Street Railway Company the right to construct, maintain and operate a Street Railway upon certain streets in the City of Canton, and prescribing the terms and conditions upon which the same shall be done under such grant" and the several amendments thereto, in so far as they are applicable, shall govern said Company in the construction, operation and maintenance of its operation ; and, in respect to its said extension, it shall have all the 224 REVISED ORDINANCES rights, privileges and franchises thereby granted to it for its lines, of rail- way heretofore constructed ; and the terms and provisions of said ordi- nance and the amendments thereto, in so far as the same are applicable, shall govern the liabilities, obligations, rights and franchises of said Com- pany, its successors and assigns in regard to such extension in the same manner as if the said extension were a part of the original line of said Railway Company's Street Railway, constructed heretofore under the said former ordinance. But this grant is upon the further conditions to-wit: P'irst — Said extension shall be completed and in operation its entire length within thirty days from passage of this ordinance. Second 1 — That the space between the rails and for a distance of eighteen inches outside the rails on either side of said track, shall, forth- with upon the completion of said track, and before any cars are operated on said extension, be filled and maintained to a depth of ten inches with slag or crushed stone, and be covered with a coat of clean gravel ; and when said street or any part thereof shall be paved with brick or other material by order of the City Council, said The Canton-Massillon Electric Railway Company, its successors or assigns , shall comply with the pro- visions of the ordinance hereinbefore referred to, and the amendments thereto, in relation to such paving. Third — That should any other Street Railroad Company or Com- panies desire to use said street or any part thereof for the purpose of oper- ating a line of street railway on said street, the City Council hereby re- serves the right to grant to such company or companies the use jointly with the Canton-Massillon Electric Railway Company, its successors and assigns, the track and pole lines laid and used in said extension ; and should the track of the company or companies so desiring to use the track and pole lines laid pursuant to the provisions of this ordinance, be of a different gauge frotm the track so laid, the Council reserves the right to grant such other company or companies the right to lay such additional rail or rails and appliances, and in such a manner as may be necessary for the proper use of said track, and such company or companies so using said track and pole lines shall pay The Canton-Massillon Electric Railway Company, its successors or assigns, such compensation as may be mutually agreed upon between the company owning said track and pole lines and the company or companies desiring to use the same ; and in case said companies fail SPECIAL ORDINANCES 225 to agree as to terms or compensation, the City Council reserves the right to prescribe such reasonable terms, conditions and compensation as may be just and reasonable. Sec. 2. The rights, privileges and franchises hereby granted shall terminate and be at an end at the expiration of the franchise heretofore granted for the Street Railway line now located on Mahoning Street ; and should said The Canton-Massillon Electric Street Railway Company, its successors or assigns, fail to perform any of the conditions of this ordi- nance, or neglect any of the duties herein imposed, or fail to file its written acceptance hereof, and fees sufficient to pay for the publication of the same, with the City Clerk within five days after the passage hereof, then the right and franchise above granted shall be forfeited and be null and void. Sec. 3. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed December 20, 1897. AN ORDINANCE Authorizing The Canton-Massillon Electric Railway Company to construct a second track for that part of its system lying between the Public Square and the Lake Curve. Whereas, The Canton-Massillon Electric Railway Company on March 5th, 1900, made application in writing to ths Council for authority and permission to construct, maintain and operate a street railway track be- ginning at the intersection of West Tuscarawas Street and the Public Square ; thence along the west side of the Public Square on a line to be located by or under the direction of the City Council to Fifth Street ; thence west along Fifth Street to a point 450 feet west of Newton Street ; thence to West Tuscarawas Street over private property to be secured by the Railway Company ; thence west along West Tuscarawas Street to the west corporation line ; thence along the public highway to the point where the present Lake line leaves said highway and known as the Lake curve, the additional track to be extended to the lake upon the right of' way of the 226 REVISED ORDINANCES Railway Company, due notice of which application was published as re- quired by law, and, Whereas, Said Railway Company has obtained and submitted to the Council the assent in writing of the owners of a majority of the foot frontage of the several properties abutting upon those parts of the several streets and highway along and upon which said track is to be laid. Section I. Be it ordained by the Council of the City of Cantor Ohio, that The Canton-Massillon Electric Railway Company, under the conditions and subject to the requirements hereinbefore set forth, be and it is hereby authorized to construct and thereafter to maintain and operate during the time for which said company has acquired or may acquire the rights to operate its existing track, a street railway track upon and along the route in the preamble described, the same to be a part of its system and an extension and an improvement thereof, and in connection with the existing track to constitute a double track railway for that part of its system, the track upon the Public Square and Fifth Street to be used as a loop in connection with the track on Tuscarawas Street. Sec. 2. The foregoing grant is upon condition that said Railway Company shall reconstruct its existing track on West Tuscarawas Street and public highway, and shall construct the new track hereby authorized, to the gauge of 4 feet 8 and one-half inches instead of the present gauge of four feet of new girder rail and with tram head of not less than 70 lbs. to the yard. Where both said tracks are laid upon the same street the middle strip between tracks shall be 5 feet between rails, the center line of the said middle strip shall be as near the center of the street as possible. Where but one of the tracks is laid upon a street, the center line of the track shall be as near the center of the street as possible. Sec. 3. The work hereinafter described shall be done at the same time, and as a part of a general plan for changing the gauge of said Com- pany's entire system of tracks to 4 feet 8 1-2 inches, as authorized by an ordinance of this Council in that behalf, and all street paving which may be disturbed by said work shall be relaid in good workmanlike manner, and to the satisfaction and approval of the City Civil Engineer. Sec. 4. In connection with said new track and reconstruction, sai-d Railway Company is authorized to construct and maintain such cross-over- SPECIAL ORDINANCES 227 switches between said tracks and such curves, turn-outs, pole-lines, wires, etc., as may be necessary and proper for the operation thereof by electricity. The location of said work and the proposed line on the Public Square and passing tracks, to be built in connection therewith, to be under the control of the standing committee on Streets and Alleys of the City Council. Sec. 5. - This ordinance shall take effect and be in force from and after its passage and legal publication, but no work shall be done under this ordinance until said Railway Company shall have filed with the City Clerk its written acceptance of the provisions, terms and conditions of this ordi- nance, and when so filed this ordinance and acceptance shall constitute an agreement between the city and said company. Passed April 12, 1900. Canton, Ohio, April 14th, 1900. The Canton-Massillon Electric Railway Company hereby accepts the terms, provisions and conditions of the foregoing ordinance. The Canton-Massillon Electric Railway Co., By WM. A. LYNCH, President. AN ORDINANCE Extending the rights and franchises of the Canton-Massillon Electric Rail- way Company. Section 1. Be it ordained by the City Council of the City of Canton, Ohio, that the Canton-Massillon Electric Railway Company having ac- quired the rights and franchises heretofore granted to the Canton Street Railway Company, the Lake Side Street Railway Company, Percy S. Sowers and Wm. A. Lynch and all others under which street railways have been built and are now operated, partly within and partly outside the cor- porate limits of this city, and said railway company proposes to change the gauge and largely reconstruct said street railways, that the term and duration of said rights and franchises to maintain and operate said street railways is hereby extended for the period of twenty-five (25) years from April 1, 1900. 228 REVISED ORDINANCES Sec. 2. The foregoing extension of said rights and franchises is subject to the condition that said railway company shall without unreasonable delay and within one year from the taking effect of this ordinance change the gauge of its tracks from four feet to four feet eight and one-half inches, and shall reconstruct its tracks in a substantial manner, and relay all pave- ment which may be disturbed in a good and workmanlike manner and to the satisfaction and approval of the City Civil Engineer. Sec. 3. Said extension is further upon the condition that said rail- ways shall hereafter be operated, maintained and repaired in conformity with the several ordinances heretofore passed and now in force pertaining thereto, and the further conditions following, to-wit : First — the hours for operating cars shall be as follows : During week days the first transfer at Public Square shall not be later than 6 o'clock A. M. jand on Sundays not later than 7:30 o'clock A. M. and the last" transfer on all other days shall not be earlier than 11 :o6 P. M., reserving to the Council the right, at any time hereafter, to change the last transfer to 11 130 o'clock P. M. Second — In addition to the cost of paving required to be paid by said railway company in the existing ordinances, said company, its successors and assigns, shall bear the cost of paving the space between all double tracks hereafter laid. Sec. 4. This ordinance shall take effect and be in force from and after its passage and legal publication, but no work shall be done under this ordinance until said Railway Company shall have filed with the City Clerk its written acceptance of the provisions, terms and conditions of this ordinance and when so filed, this ordinance and such acceptance shall con- stitute an agreement between the city and said Company. Passed April 12, 1900. Canton, Ohio, April 14, 1900. The Canton-Massillon Electric Railway Company hereby accepts the provisions, terms and condition of the foregoing ordinance. The Canton-Massillon Electric Railway Co,. By WM. A. LYNCH, President. SPECIAL, ORDINANCES 229 AN ORDINANCE To establish an Electric Street Railway Route on Certain Streets in the City of Canton, Ohio, to be Known as Route No. 5. Be it ordained by the City Council of the City of Canton, Ohio, as follows : — Section 1. That an electric street railway route, to be known as Route No. 5, be and the same is hereby established as follows : Commencing at the intersection of the north corporation line of said city with Oxford Street continued north to said corporation line ; thence south on Oxford Street to Lake Street; thence east on Lake Street to North McKinley Avenue; thence south on North McKinley Avenue to West Third Street ; thence east on Third 1 Street to North Market Street ; thence south on Market Street to Ninth Street; thence west on Ninth Street to Cleveland Avenue ; thence north on Cleveland Avenue to West Third Street. The said electric railway to be built and established in and upon said route, shall be constructed, equipped and operated in the following, manner, to-wit : First. Said electric railway shall be constructed with single track, with all proper and necessary switches and turnouts, except that no switches or turnouts are to be constructed on that part of Market Street and Cleveland Avenue covered by this ordinance. Said railway shall be of gauge known as standard gauge, and no other, and the track shall be laid as near to the center of the street over the entire route as practicable, except on Market Street, from Third Street to Ninth Street, where the track shall be laid east of and as near to the track of The Canton-Massillon Electric Railway as practicable, and with the right toj cross and re-cross any and all the tracks of the Canton-Mas- sillon Railway where needed. Second. At the time of building said track, and before cars are oper- ated thereon, the person or cdtmpany constructing the same shall, on all streets not paved, fill or cause to be filled within the rails, and for a spact of eighteen inches on the outside of the rails to. the depth of ten inches, with broken stone or slag, and the whole to be covered with a coat of 230 REVISED ORDINANCES clean gravel, and shall cause the same to be permanently maintained, or until said streets are paved, as hereinafter provided. Third. Said track shall be laid to the present surface grade on all the streets over which it shall be located, and should a change be hereafter made in the grade of any of said ■ streets, the person or company owning or controlling the said tracks shall make the same conform to said change of grade, when ordered so to do by the City Council, without receiving or being entitled to receive any compensation or damages by reason of said change of grade, and said person or company shall not be required to change the grade of said railway more than once after said railway has been laid to grade given by said city. Fourth. Where said tracks are constructed on said streets heretofore, or which may hereafter, and before said tracks are laid, be paved with brick or other material, the person or company constructing said track shall relay the paving taken up by it in the construction of said track in the same man- ner in which it was originally laid, and the same shall be done to the satis- faction and approval of the City Civil Engineer. Fifth. The motive power to be used in propelling cars on said line shall be electricity, or any other motive power, except steam. Sixth. The right to operate and construct said street railway shall include the right to erect poles and string trolley wires, and such other wires and appliances as are proper and necessary for conducting the electric current for propelling cars and maintaining light. .Said poles shall be of wood or iron not less than twenty-five feet in height, shall be firmly set in the ground a depth of at least four feet, shall be placed as nearly as practicable a uniform distance of 115 feet apart, and shall be placed near the curl) line of said street, and be so located as not to interfere with the ingress or egress of abutting property. The City Coun- cil and the standing Committee on Streets and Alleys of the City Council shall have power and authority to change the location and order the re- moval of any of said poles, and they may be temporarily removed when necessary, when any improvements or repairs are being made by the authority of the City Council. Said poles shall be painted when erected and shall be kept properly repainted. The wires herein mentioned shall be provided with approved appli- ances for the protection of life- and property, and to be so laid, placed and SPECIAL ORDINANCES 231 constructed as not to interfere in any manner with the wires and appliances of the city's fire alarm system or police patrol system, or any, other wires that may be hereafter used and controlled by the city, and the city shall have the right to use any and all of said poles for its said wires, free of cost. Seventh. The cars to be used on said line shall be provided with illuminated signs, and all the latest improved appliances for the comfort and protection of passengers and employes, having special reference to lighting and heating, and to be provided with vestibules at the forward end thereof during the months of November, December, January, February and March of each year. They shall be provided at either end with a suitable signal light, which shall be kept lighted and burning at night, and they shall be provided at the forward end with a bell or gong. All rails for said track to be girder or flange rails, and to weigh not less than seventy- five pounds per yard. Eighth. Work shall be commenced on said line within ninety days after the passage of the ordinance granting the franchise, and shall continue without unnecessary delay until the line is completed and in operation within one year from the passage of the ordinance granting the franchise for the construction and operation of said street railway. Ninth. At least one car per hour, from 6:30 a. m., or earlier, to 10:30 p. m., or later, shall be operated over said line daily. Section 2. Whenever the City Council shall cause any of the streets in and through which said route is established to be graded, re-graded, paved or re-paved with gravel, boulders, fire brick, or such other material as may be deemed proper, or to be both graded and paved, then the person or company operating said street railway shall pay so much of the expense thereof as may be necessary to grade or pave the space between the rails of their tracks, and for a distance of eighteen inches outside of the rails on either side of said track, and the space betw r en the main track and all switches and turnouts, upon the same terms and conditions that may be prescribed for abutting property owners ; all street pavements removed shall be relaid in same manner and with similar material as before laid, and under the direction, of an inspector, to be appointed by the City Council, to be paid not exceeding three dollars per day by the person or company 232 RKVISKD ORDINANCES building said railway, and all street crossings to be replaced as soon as possible after removing same. Sec. 3. The person or company owning or operating said street rail- way line shall keep its road bed and any and all street paving between its rails, and eighteen inches outside of the rails, in good and continuous repair, and upon failure so to do within twenty days after the adoption of a reso- lution by the City Council to the effect that such repair is necessary, the City Council reserves the right to cause such repair to be made through its Street Commissioner or City Civil Engineer and for the cost thereof re- port to the City Council, and such person or company shall, upon demand, pay to' the City of Canton the amount thereof. Sec. 4. The person or company operating said street railway shall, at all times, defend, keep harmless and indemnify the City of Canton from all damages, lawful claims and demands for injuries to person or property, and costs and expense to which said city may be subjected or made liable by any procedings at law or in equity, or otherwise growing out of the granting of privileges in this ordinance set forth, or out of the exercise or enjoyment of the same. Sec. 5. The franchise for the building and operating of a street rail- way on said route to be granted by ordinance to be hereafter passed shall be for the term of twenty-five years from the passage of such ordinance. Sec. 6. The ordinance hereafter to be passed granting a franchise for the constructing and operating of a street railway on said route shall contain a provision that should the person or persons, or company to whom said franchise is granted, their successors or assigns, fail, neglect or refuse to comply with any of the provisions of this ordinance, or shall fail without just cause, to operate any cars on said line for a period of ten consecutive days, and after written notice of said violation of this provision being given said company or person, and ten days elapse after the service of said written notice thereof and the continuation of said violation, then said franchise shall be forfeited and become null and void, at the option of the City Council. Sec. 7. The City Clerk is hereby directed to advertise for sealed pro- posals to construct and operate said street railway as established in Section ( )ne hereof, for a period of one week as provided by law. SPECIAL ORDINANCES 233 All persons bidding for the right to construct and operate said street railway shall, as a condition precedent to the consideration of their bid, procure the right of way from the owners thereof of all real estate, included in the above described route, which has not been heretofore dedicated for street purposes, and shall file with such bid proper deeds to the City of Canton, Ohio, for all right of way included in said route, and not hereto- fore dedicated for street purposes, and shall also file with such bid a bond to the City Council of Canton in the sum of five hundred dollars, condi- tioned for the construction and operation of said street railway according to terms and conditions hereinbefore set out, and which sum shall become due and payable to said city as liquidated damages in case of failure so to construct and operate said street railway. Sec. 8. This ordinance shall take effect and be in force from and after its passage and legal publication, and the payment of the expense of the publication hereof by the company or party to whom said franchise is granted. Passed April 8, 1901. A. H. ECKHARDT, President of Council. Attest : LOUIS N. LEY, City Clerk. AN ORDINANCE Granting Permission to Construct and Operate an Electric Railway in the City of Canton, Ohio, on What is Known as "Route Number Five." Whereas, the City Council of the City of Canton, Ohio, did, by Ordi- nance passed on the 8th day of April, 1901, establish Street Railway Route Number Five ; and Whereas, Charles C. Loyd, City Clerk of said city, in pursuance of the direction in said ordinance contained, did give public notice by publication in The News-Democrat and the Evening Repository, newspapers published daily in said city, and of general circulation therein, for more than three consecutive weeks next preceding the 23rd day of May, 1901, advising the public that sealed proposals would be received until twelve o'clock noon on the 23rd day of May, 1901, by the City Council of said city, for the granting of the right to construct, maintain and operate, for a period of twenty-five 234 REVISED ORDINANCES years, said Street Railway Route Number Five, as established by said ordi- nance ; and Whereas, Bids were received by said city council, through the city clerk, at the time mentioned in said notice, and which bids were duly opened by said clerk and presented to said City Council ; and it appearing that William H. Hoover, Charles A. Kolp and John C. Welty propose to carry passengers on said Street Railway Route Number Five at lower rate of fare than any other bidders, viz : For each adult passenger, five cents for a continuous ride in one direction. For each adult passenger, five cents per round trip, with the right to disembark and re-embark at any point on said route, without extra charge, no transfer. For children over five and under eleven years of age, three cents. Children in arms free. And proposing to give transfers to adult passengers to 'Other lines, at a maximum cost of not to exceed two and one-half cents; 'and proposing to sell twenty-five rides for One Dollar, twelve rides. for fifty cents, and six rides for twenty-five cents ; and further proposes to carry, free of charge, all parcels, packages and other merchandise carried in arms by passengers ; and further proposing to issue excursion tickets to Akron and return, and to intermediate points, at reduced rates, on Sundays and holidays, and at such times as may be deemed advisable ; and further providing and proposing to make special rates for shop excursions and picnics as provided for in said bid ; and further proposing and providing to carry all firemen, policemen and city officials free, the transportation of policemen and firemen to be good only while on duty ; and further proposing and providing to carry passengers to the Catholic cemetery lying' north of the city limits of the City of Canton, Ohio, at the same rate of fare as herein specified for a con- tinuous ride in one direction. And have also filed with said city council the written consent of a majority of the property owners on each of streets, avenues or highways, or parts thereof, contained in said Street Railway Route Number Five, represented by the foot front of the lan v d abutting upon each of the streets in which it is proposed to construct said Electric Street Railway ; and have also filed with the City Council, and delivered to said City of Canton, Ohio, proper and sufficient deeds for all necessary premises to open up ( )xford Avenue to the north corporation line of said city, being the deeds of Conrad 'Schweitzer, Henry A. Cavnah, Margaret E. Miller and Alice N. and Norman H. Chance, and that by reason thereof SPECIAL ORDINANCES 235 the premises contained in said deeds become the property of the city of Canton, Ohio, for street purposes. Now, therefore, Be it ordained by the City Council of the City of Canton, Ohio, as follows : Section I. That permission be, and is hereby granted to William H. Hoover, Charles A. Kolp and John: C. Welty, their heirs and assigns, to construct, m'aintain and operate said street railway route number five, as follows : Commencing at the intersection of the north corporation line of said City of Canton, Ohio, at a point where Oxford Street or Avenue continued north to said north corporation line' crosses or intersects the same; thence south on Oxford Street to Lake Street ; thence east on Lake Street to North McKinley Avenue ; thence south on North McKinley Avenue to West Third Street; thence east on West Third street to North Market Street; thence south on North Market Street to Ninth Street; thence west on Ninth vStreet to South Cleveland Avenue ; thence north on Cleveland Ave- nue to Third Street. Sec. 2. That the foregoing grant shall be for the term of twenty-five (25) years, and shall be subject to all the terms, conditions, stipulations and provisions contained in an ordinance entitled, "An Ordinance to Establish an Electric Railway Route on certain streets in the City of Canton, Ohio, to be known as 'Route Number Five/ passed April 8th, 1901." Sec. 3. The rate of fare shall not exceed the rates named in the Preamble of this Ordinance, viz : For each adult passenger five cents for a continuous ride in one direction. For each adult passenger five cents per round trip, with the right to dis-embark and re-embark at any point on said Route, without extra charge, no transfer. For children over five and under eleven years years of age three cents. Children in arms free. Twenty- five rides for One Dollar, twelve rides for fifty cents and six rides for twenty-five cents. Transfers to other lines to adult passengers at a maxi- mum cost to said Hoover, Kolp and Welty, their heirs and assigns, not to exceed two and one-half cents ; and to carry passengers and to sell excur- sion tickets as provided in their bid, and the Preamble of this Ordinance. Sec. 4. It is further agreed and provided that nine hours shall con- stitute a day's labor for all Conductors and Motormen while employed in operating said cars. That all cars, (excepting specials) shall stop at all 236 REVISED ORDINANCES street intersections and crossings where necessary to let off or take on passengers. Sec. 5. The above grant is on further condition that the said William H. Hoover, Charles A. Kolp and John C. Welty, deposit with City Clerk, upon the passage of this Ordinance a sum sufficient to pay the costs of pub- lishing all the necessary notices, resolutions and ordinances connected with the establishing of said "Route Numiber Five," and granting said franchise, and file with the City Clerk a written consent, binding themselves, their heirs, successors and assigns, to abide by and comply with the terms and provisions of this ordinance, and the ordinance establishing said "Route Number Five." Sec. 6. This ordinance shall take effect and be in force frolm and after its passage and legal publication. Passed June 3, 1901. 1 GEO. H. LEGGETT, President of the Council. Attest : CHARLES C. EOYD, City Clerk. AN ORDINANCE. An ordinance authorizing the Canton-Akron Railway Company to build, construct, and operate a second track on Market Street, for that part of its street railway system in the City of Canton, Ohio, lying between North and Navarre streets. WHEREAS, The Canton-Massillon Electric Railway Company, and the Canton-Akron Railway Cofcnpany, on June 2nd, J902, made application in writing to the City Council of the City of Canton, Ohio, for authority and permission to build, construct, maintain and operate an additional street railway track upon Market Street, between the intersection of North and Navarre streets, in the City of Canton, Ohio, thereby making a double track between said points on said street. That the Canton-Massillon Electric Railway Company have, since the filing of said application, sold and trans- ferred all its interest in said street railway system and property in said City of Canton to The Canton-Akron Railway Company, and which' com- pany is now the owner thereof, and WHEREAS, The Canton-Akron Street Railway Company has ob- tained, and submitted to the Council the assent in writing of the owners of SPECIAL ORDINANCES 237 a majority of the foot frontage of the several properties abutting upon that part of Market Street, between North and Navarre Streets, in said City of Canton, and upon which said additional track is to be laid, and WHEREAS, Charles C .Loyd, Clerk of said City, in pursuance of the direction of said Council, did give public notice by publication in the Ev- ening Repository and News-Democrat, newspapers published daily in said City, and of general circulation therein, for three consecutive weeks subse- quent to June 2nd, 1902, of the pendency of said application, NOW THEREFORE: Section 1. Be it ordained by the Council of the City of Canton, Ohio, that the Canton-Akron Railway Company, under the directions and subject to the requirements hereinafter set forth, be and is hereby authorized to build, construct, and thereafter to maintain and operate during the time for which said company has acquired or may acquire, the right to operate its existing track, an additional track upon and along Market Street in said City of Canton, between North and Navarre Streets, except between Fifth and Tuscarawas Streets, as hereinbefore set out ; the same to be a part of its system and an extension and improvement thereof,, and to be used in connection with the existing track so as to constitute a double track railway for that part of its system. Section 2 The foregoing grant is upon conditions that said railway company shall re-construct its existing tracks on Market Street between North and Navarre Streets, except between Fifth and Tuscarawas Streets, and shall construct the new track hereby authorized to the Standard Guage, of girder rail, and similar to that now in use on said street, except between Fifth and Tuscarawas Streets, the track or tracks now laid on said Market Streets ,between North and Navarre Streets, shall be taken up, and instead thereof two tracks and no more, laid, and the center line of the middle strip between said tracks shall be as near the center of the street as possi- ble, and the distance between the center rails of said tracks shall not exceed five feet, provided, however, that the present east track on said Market Street, between Fifth and Tuscarawas Streets, known as "The Canton-Akron Track" shall be taken up and permanently removed, so that there shall be but four tracks on said Market Street, between Fifth and Tuscarawas Streets. Said railway company to lay a single track on said Market Street where the same crosses the tracks of the Pittsburg, Fort Wayne & Chicago Railway Cdmpany. 238 REVISED ORDINANCES Sec. 3. In connection with said double tracking said railway company is hereby authorized to construct and maintain such cross over switches between said tracks and such curves, pole lines, wires, etc., as may be neces- sary and proper for the construction and operation thereof by electricity, and all street paving which may be disturbed by said work shall be relaid in good workmanlike manner, with the same kind of material as taken up, and the same to be done to the satisfaction and approval of the City Civil Engineer, and said work to begin within thirty days from the passage and acceptance of this ordinance, and to be completed within ninety days there- after. Sec. 4. This ordinance shall take effect and be in force from and after its passage and legal publication, but no work shall be done under this ordinance until the Canton-Akron Railway Company shall have filed w r ith the City Clerk its written acceptance of the provisions, terms and conditions of this ordinance, within fifteen days after its passage and publi- cation, and shall have paid the expenses incident thereto, and when so filed and said payment made, this ordinance, together with the acceptance there- of shall constitute an agreement between the City and the said The Canton- Akron Railway Company, its successors and assigns. Passed July 28, 1902. GEORGE W. GOOD, President of the Council. Attest : C. C. LOYD, City Clerk. Published in the Evening Repository July 30 and August 6. SPECIAL ORDINANCES 239 AN ORDINANCE. An ordinance authorizing The Canton-Akron Railway Company to con- struct, maintain and operate a second track for that part of its system of street railways within the City of Canton, Ohio, on Market Street, between North and Navarre streets, also the right to extend its lines on West South , Prospect, Cedar and South Cherry streets, in the City of Canton, Ohio, also extending the rights and franchises of The Canton-Massillon Electric Railway Company and the Canton-Akron Railway Company to amend certain ordinances heretofore passed by the City Council of the City of Canton, Ohio, granting certain rights and franchises to The Canton Street Railway, The Lakeside Street Railroad Company, Percy S. Sowers and William A. Lynch, The Canton-Massillon Electric Railway Com- pany and The Canton-Akron Railway Company, and to grant certain rights and privileges to the Canton-Akron Railway Company. WHEREAS, In the judgment and opinion of the City of Council of the City of Canton, Ohio, it is necessary for the proper accommodation of the patrons of the street railways in the City of Canton, Ohio, that an extra track be laid on Market Street, between North and Navarre streets, thereby giving to The Canton-Akron Company a double track between North and Navarre streets on Market street, together with such additional tracks as there already are between Fifth and Seventh streets, and WHEREAS, written consent from a majority of the owners of lots and lands abutting upon South street between Market and Prospect streets on Prospect street between South and Cedar streets, and on Cedar street between Prospect street and the west corporation line of the City of Canton, have been produced to the City Council of Canton, Ohio, and which written consents provide that an extension of the present lines of The Canton- Akron Railway Company may be laid upon said streets between said points, and WHEREAS, the City Council desires that The Canton-Akron Railway Company shall extend its lines froim Tenth street on Cherry street to Charles street, as soon as the railroads crossing said Cherry street are either elevated, or an overhead crossing is provided for said street railway, and 240 REVISED ORDINANCES WHEREAS, the City Council desires and demands that transfers be given all persons boarding and entering the cars of The Canton-Akron Railway Company within the limits of the City of Canton, and paying the established fare, to any of the lines of The Canton-Akron Railway Company within the City of Canton and also to the cars to be operated on "Route Number Six," and to any and all extensions hereafter made by The Canton- Akron Railway Company, and to the owners and operators of Route Num- ber Six, within the limits of the City of Canton, Ohio, and WHEREAS, in consideration of the provisions contained in this or- dinance, the laying of an extra track on Market street, the extension of the lines on South, Prospect and Cedar streets, and the further agreement to extend on South Cherry street, as hereinbefore provided, and the granting to passengers boarding the cars of The Canton-Akron Railway Company, within the limits of the City of Canton, transfers to other lines of The Canton-Akron Railway Company, and Route Number Six, and all exten- sions thereto, and the granting to The Canton-Akron Railway Company a renewal of the rights and franchises heretofore granted to The Canton Street Railway Company, The Lakeside Street Railroad Company, Percy S. Sowers and William A. Lynch, The Canton-Massillon Electric Railway Company and The Canton-Akron Railway Company, for the term of twenty- five years from the date of the passage of this ordinance, and the; amend- ment of all ordinances heretofore passed, granting said rights and fran- chises so as to provide for and establish a uniform rate of fare over all of said lines, and the amending of said ordinances as hereinafter provided, and WHEREAS, it is the judgment and opinion of the City Council oi the City of Canton, Ohio, that it is to the interests of the City of Canton to amend said ordinances as hereinafter set forth, and in consideration that The Canton-Akron Railway Company complies herewith, and files its writ- ten acceptance hereto, and thereby agrees to lay said extra track on Market street, to build said extensions as herein provided, to grant said transfers to passengers as hereinafter provided, and to comply with the provisions of this ordinance, that said ordinances be amended, and the provisions there- of changed to as to correspond herewith ,and WIIKRKAS, written consents from a majority of the owners of lots lands abutting upon Market street, between North and Navarre streets, in the City of Canton, ( )hio, have been procured and produced to the City SPECIAL ORDINANCES 241 Council consenting to The Canton-Akon Railway Company, its successors and assigns being authorized to lay an additional track between North and Navarre streets, on Market street, and WHEREAS, the City Clerk in pursuance of the directions of said Council, did give public notice by publication in the E\ ening Repository and the News-Democrat, newspapers published daily in said City and of general circulation therein for three consecutive weeks subsequent to June 2nd, 1902, of the application of The Canton-Akron Railway Company to lay an additional track on said part of Market street, NOW, THREFORE : Section 1. Be it ordained by the Council of the City of Canton, Ohio, that The Canton- Akron Railway Company be and it is hereby au- thorized to construct, and thereafter operate and maintain, during the term of twenty-five years from date hereof, an additional track upon and along Market street in said City of Canton, between North and Navarre streets, the same to be a part of its system and an extension and improvement thereof and to be used in connection with the existing track so as to con- stitute a double track railway for that part of its system. Said Railway Company shall reconstruct its existing tracks on Market street, between North and Navarre streets, and shall construct the new track hereby au- thorized to the standard Gauge of girder rail, and similar to that now in use on said street, and the present tracks of said Company, south of Tus- carawas street and north of a point north of Fifth street about thirty-five feet, on said Market street, shall be removed, and instead thereof, two tracks laid in the center of said street so that the center line of the middle strip between said tracks shall be as near the center of the street as possible and the distance between the center rails of said tracks, shall not exceed five feet. The present tracks on said Market street between a point about thirty- five feet north of the north line of Fifth street and the south side of Tusca- rawas street to remain as now located and as much farther south on said Market street as said double tracks have been constructed ; and from thence south to the said Navarre street, two tracks only shall be laid thereby making a continuous double track from North to Navarre street. The extreme east track of The Canton-Akron Railway Company between Fifth and Seventh streets is to be removed, and if not, then it may become a part of and embraced in an extension of ''Route Number Six," but permission 242 REVISED ORDINANCES and authority is hereby granted The Canton-Akron Railway Company to place the necessary connecting switches from its double track to said east track so to be operated by the Company operating Route Number Six, said switches to< be placed on said Market street between the south line of Seventh street and one hundred (100) feet north of the north line of Fifth street. Said railway company to lay a single track on said Market street where the same crosses the tracks of the Pittsburg, Ft. Wayne and Chicago Raiload Company. (a). In connection with said double tracking said Railway Company 1 is hereby authorized to construct and maintain such cross-overs and switches, between said tracks and such curves, pole lines, wires, etc., as may be necessary and proper for the construction and operation thereof by elec- tricity, and all street paving which may be disturbed by said work shall be relaid in good workmanlike manner with the same kind of material that is taken up and the same to be done to the satisfaction and approval of the City Civil Engineer and said work to begin within ninety days after the passage of this ordinance but no work shall be done thereon until the writ- ten acceptance of this ordinance has been filed with the City Clerk by The Canton-Akron Railway Company. Sec. 2. That The Canton-Akron Railway Company, its successors and assigns, is hereby granted the right and authority to construct, maintain and operate a street railway, as an extension of its present system of street railways, in the City of Canton, Ohio, to-wit : Beginning at the intersec- tion of South and Market • streets in said city ; thence west in the center of said South street to the intersection of Prospect street, with the right to cross the tracks of the Baltimore and Ohio Railroad on said South street; south on Prospect street and in the center thereof to Cedar street; thence west on Cedar street and in the center thereof to the west corpora- tion line of said city. The tracks to be laid as near as possible to the center of said streets with the right of said Company to build, construct and maintain the necessary switches and turn-outs. (a) Said extension shall be constructed similar to the terms and pro- visions made for the building and construction of the street railway known as "Route Number Five" with the right to erect wooden poles and string wires such as are proper and necessary for conducting the electric cur- rent for propelling cars and maintaining light. SPECIAL, ORDINANCES 243 (b) Work upon said extension shall be commenced by The Canton- Akron Railway Company, its successors and assigns, within two years from the passage of this ordinance, and shall be completed within three years from date thereof. The life of the franchise of said extension shall be twen- ty-five years from date of the passage of this ordinance. (c.) For the purpose of poviding a location for 'the feed wires to furn- ish power to operate the cars on said extension permission and authourity is hereby granted and given to The Canton-Akron Railway Company, its successors and assigns to erect the necessary poles and suspend said feed wires thereon on Schroyer avenue in said City between Tuscarawas and South streets, the location of said poles to be designated by the City Civil Engineer and for the purpose of supplying 'Route Number Five" with the necessary power, permission and authority is hereby granted The Canton- Akron Railway Company, 'its successors and assigns, to have re- main the poles that have heretofore been placed on Third street between the power house of said The Canton-Akron Railway Company and Fulton street ; thence north on Fulton street to Lake street ; thence east on Lake to Oxford street with the necessary feed wire and cables that have been strung thereon and which poles were so placed, and wires so suspended, by and with the consent of the City Council of Canton, Ohio, for the pur- pose of suspending thereon the said feed wires and cables to be used by it in the operating of its cars and such right to continue during the life of its franchise. Sec. 3. The Canton-Akron Railway Company, its successors and as- signs are hereby authorized and empowered and given the right and au- thority to extend its present track on Cherry street between the intersec- tion of Tenth and Charles streets, so as to make a continuous line on Cher- ry street from Tuscarawas to Charles street, said extension to be con- structed and in operation within one year after the railroad tracks now crossing said Cherry street are either elevated or removed, or a viaduct built thereover, and the consents secured for such extension on said street, from a majority, per foot front, of the property owners thereof, and such extension when so made shall be upon the same terms and conditions and constructed in like manner as the extension hereinbefore provided for on South, Prospect and Cedar streets. 244 REVISED ORDINANCES Sec. 4. Permission and authority is hereby granted the Canton- Akron Railway Company, its successors and assigns, to place the necessa- ry connecting curves at the inersection of Cleveland avenue and West Tus- carawas streets, and at such other street intersections as are necessary in its construction and operation of its street railway system, and to place the necessary tracks and switches on West Tuscarawas street in front of its car barn as are necessary to provide proper entrance for its cars into said barn. The Canton-Akron Railway Company shall have a right to place in Fifth street between Court street and Cleveland avenue a spur track, on the north side of its track on said street, for the purpose of facilitating the loading and unloading of its baggage cars, and thereby not interfering with the operation of its cars on the track on said Fifth street. Sec. 5. That the franchises and rights heretofore granted to The Canton-Massillon Electric Railway Company and The Canton-Akron Rail- way Company be so amended as, that authority is hereby granted to The Canton-Akron Railway Company, its successors and assigns, the right to transport over its said lines in said City, express m'atter, United States mail, baggage, freight and packages, in addition to transporting passengers thereon. Sec. 6. In consideration of the terms and provisions of this ordinance and for the purpose of providing a uniform rate of fare for all passengers, and to provide transfers for passengers boarding any of the City bound cars of The Canton-Akron Railway Company within the city limits of the City of Canton, Ohio to its other lines, or to the lines contained in Street Railway Route Number Six, and any extension thereof, it is hereby or- dained that a uniform fare of five cents for each adult passenger shall be charged by said The Canton-Akron Railway Company, its successors and assigns, for any passenger boarding any of its cars within the limits of the City of Canton and which said fare, when so paid on any City bound pas- senger car, shall entitle said passenger to ride to the public square of said city, and further entitle said passenger to a transfer check, or ticket, to any other line of said company's street railways in said city, or the lines of any extension of said Company, which it may make hereafter in said city, or to the lines of the Company operating Route Number Six or any of its extensions now or hereafter made, and that no extra charge shall be made for such transfers which, however, must be used on the next car leaving SPECIAL ORDINANCES 245 the public square for destination indicated, after arrival at said public square of the car upon which said passenger paid said fares. That in consideration of the giving of said transfers by the said Canton- Akron Railway Company as provided herein, and by its acceptance of this ordinance, Section Three of an ordinance entitled "An ordinance granting permission to construct and operate an electric railway in the City of Canton, Ohio, on what is known as "Route Number Five," passed June 3rd, 1901, is hereby amended so as to correspond with the provisions herein, and thereby es- tablish a uniform rate of fare on all the lines now operated in the City of Canton, Ohio. That twenty-four rides for one dollar, twelve rides for fifty cents and six rides for twenty-five cents, including transfers, shall be sold by said Company. The provisions herein to apply to all the street railway lines now owned and operated by The; Canton-Akron Rail- way Company in the City of Canton, Ohio, and its successors and assigns thereof. Sec. 7. In consideration of the terms and provisions of this ordin- ance the rights and franchises heretofore granted to The Canton Street Railway Company, The Lakeside Street Railroad Company, and Percy S. Sowers and William A. Lynch, The Canton-Massillon Electric Rail- way Company, and The Canton-Akron Railway Company, to maintain and operate street railways within the limits of the City of Canton, Ohio, are hereby extended for the period of twenty-five years from and after the date of the passage of this ordinance. (a.) The foregoing extension of said rights and franchises is made on condition that The Canton-Akron Railway Company, being the owner and successor of all the rights and franchises heretofore granted to The Canton Street Railway, The Lakeside Street Railroad Company, Percy S. Sowers and William A. Lynch, and The Canton-Massillon Electric Railway Company, accepts the terms and provisions of this ordinance, thereby agreeing to build said extension herein provided for, and consents to the issuing of transfer checks as hereinbefore provided, and that it file its written acceptance of this ordinance as hereinafter provided. Sec. 8. That the interurban cars of The Canton-Akron Railway Company, its successors and assigns shall stop to take on and leave off passengers at all street crossings and intersections when operated on streets where no local service is given, and no local cars are operated ; 246 REVISED ORDINANCES but when said interurban cars are operated on same tracks and streets where City and local cars are also operated, then the interurban cars of said company are not required to make any stops except at the Public Square in said City. ,Sec. 9. The right and authority is hereby granted to The Canton- Akron Railway Company, its successors and assigns to build, construct and operate an additional track upon the following streets in said City of Canton, towit : On North street between Market and Cleveland avenue, on Cleveland avenue between North street and the north corporation line, and on North street between Market andi Mahoning street ; and Mahon- ing street between North and Lake streets ; and on Lake street between Mahoning street and the east corporation line; also on East Tuscarawas street between the intersections of Market and Cherry streets, whenever said company, its successors and assigns, procure and present to this Council, the consents therefor of a majority per foot front of the owners of property abutting upon any or all of said streets and when such neces- sary consents are procured and presented to this Council then The Can- ton-Akron Railway Company, its successors and assigns shall have a right to build, construct and maintain said additional track on such of the above named streets as said consents have been so procured and pre- sented and when said additional track is so laid the present track on such streets, or street, shall be taken up and moved to the side of said street so as that both of said tracks shall be as near the center of said street as possible and each equally distant from the center of said street, or streets and the distance between the inside rails of said tracks shall not be less than five feet. Sec. 10; In the event that a waiting and transfer station is here- after erected on the Public Square in the City of Canton by mutual agree- ment between the City, County and the different street railway companies using the tracks upon the Public Square, in that event that as a part of the consideration of the passage of this ordinance The Canton-Akron Railway Company, its successors and assigns hereby agree that it will pay its pro- portionate share with the County, City and such other street railway companies whose cars use the tracks on the public suare, of the cost of the construction of said waiting or transfer station and that after the same is constructed that the street railways operating cars upon the pub- lic square of said City shall thereafter keep the same in good repair. SPECIAL ORDINANCES 247 Sec. II. That the provisions of the following ordinances heretofore passed by the City Council of the City of Canton, be so amended as to correspond with the terms, provisions and conditions of this ordinance, and which are as follows : An ordinance entitled "An Ordinance grant- ing to The Canton Street Railway Company the right to construct, maintain and operate a street railway upon certain streets in the City or Canton, and prescribing the terms and conditions upon which the same shall be done under such grant," passed March 31st, 1884; an ordinance entitled, "An ordinance granting the right of way to Percy Sowers, his assigns and successors, to construct, operate and maintain a street railway from Canton, Ohio, to Meyer's Lake," passed April 2nd, 1885 ; an ordinance entitled, "An ordinance granting The Canton Street Railway Company the right to extend their track on Cleveland avenue in the City of Canton, etc.," passed September 13th, 1886; an ordinance entitled, "An ordinance grant- ing to The Canton Street Railway Company the right to extend their lines on part of Tenth street and Railway street, etc.," passed January 9th, 1888; an ordinance entitled, "An ordinance amending the franchise of The Canton Street Railway Company repealing Section Three of the or- dinance granting to The Canton Street Railway Company the right to construct, maintain and operate a street railway upon certain streets in the City of Canton, and prescribing the terms and conditions upon which the same shall be done under such grant," passed February 4th, 1889; an ordinance entitled, "An ordinance granting to The Canton Street Railway Company the right to use electricity as a motive power, etc.," passed September 16th, 1889; an ordinance entitled, "An ordinance granting to The Lakeside Street Railroad Company the right to use electricity as a motive power, etc.," passed September 23rd, 1889; an ordinance entitled, "An ordinance establishing an electric street railway on certain streets in the City of Canton, Ohio, to be known as "Route Number Four," passed October 3rd, 1898; an ordinance entitled, "An ordinance granting permission to construct and operate a street railway in the City of Canton, known as Street Railway Route Number Four," passed November 5th, 1898; an ordinance granting permission to construct and operate a street railroad on Route Number Two, on South Market 248 REVISED ORDINANCES and Bridge streets, in the City of Canton, Ohio," passed November 9th, 1896; an ordinance entitled, "An ordinance granting to The Canton- Massillon Electric Railway Company the right to extend its lines on part of Lake street, in the City of Canton, Ohio, and to construct, maintain and operate said extension of its said railway, and prescribing the terms and conditins upon which the same may be done," passed December 20th, 1898; an ordinance entitled, "An ordinance authorizing The Canton-Mas- sillon Electric Railway Company to construct a second track for that part of its system lying between the public square and the Lake curve," passed April 12 th, 1900; an ordinance entitled, "An ordinance extending the rights and franchises of The Canton-Masillon Electric Railway Compa- ny," passed April 12th, 1900; an ordinance entitled, "An ordinance estab- lishing an electric street railway on certain streets in the City of Canton, Ohio, to be known as Route Number Five," passed April 8th, 1901 ; an ordinance entitled, "An ordinance granting permission to construct and operate an electric railway in the City of Canton, Ohio, on what is known as Route Number Five," passed June 3rd, 1901 ; and all other ordinances and resolutions heretofore pased and adopted by the City Council of the City of Canton, Ohio, wherein the rights and franchises of The Canton- Akron Railway Company and The Canton-Massillon Electric Railway Company were established, and granted, are hereby amended so as to correspond with the terms and provisions of this ordinance. Sec. 12. This ordinance shall take effect, and be in force, fromi and after its passage and legal publication ; but no work shall be done under this ordinance until The Canton- Akron Railway Company shall have filed with the City Clerk its written acceptance of the provisions, terms and conditions of this ordinance ,and shall have paid the expense incident thereto, and when so filed and said payment made, this ordinance, to- gether with the acceptance thereof, shall constitute an agreement be- tween the City of Canton, Ohio, and said The Canton-Akron Railway Company, its successors and assigns. Passed February 23, 1903. GEO. W. GOOD, President of Council. Attest— C. C. LOYD, City Clerk. Published in the News-Democrat March 5 and 12, 1903. SPECIAL ORDINANCES 249 AN ORDIANCE Authoring the Canton-Akron Street Railway Company to construct, maintain and operate a second track of its system of street railways within the City of Canton, Ohio, on Mahoning" Street, between the intersection of Lake and North Streets. Whereas, written consents from more than a majority of the owners of lots and lands abutting on Mahoning Street, between the intersection of North and Lake streets, have been produced to the City Council of the City of Canton, Ohio, consenting that the Canton-Akron Railway Company may double track said Mahoning street between said intersec- tion of North and Lake Streets, and Whereas, in the judgment and opinion of the City Council of the City of Canton, Ohio, it is necessary for the proper accommodation of the patrons of the street railways in the City of Canton, Ohio, that an extra track be laid on Mahoning street between North and Lake streets, there- by giving to the Canton-Akron Railway Company a double track on said street between said North and Lake streets. Now, therefore ; Section I. Be it ordained by the Council of the City of Canton, Ohio, that the Canton-Akron Railway Company, be and it is hereby authorized to construct and thereafter operate and maintain during the life-time of its franchise in the City of Canton, Ohio, an additional track upon Mahoning street in said City of Canton, Ohio, between North and Lake streets, the same to be a part of its system and an extension and im- provement thereof and to be used in connection with the existing track so as to constitute a double track railway for that part of its syste'm. That the present track on said Mahoning street between North and Lake streets, shall be taken up and removed to the side of the center of said street so that when completed both tracks shall be equidistant from the center of said street and that no switches or turnouts shall be constructed on said Mahoning street between North and Lake streets, and that the distance between the center rails of said track shall not exceed five (5) feet. Sec. 2. That when completed the same shall become a part of The Canton-Akron Railway Company's system of street railways in the City 250 REVISED ORDINANCES of Canton, Ohio, and be governed and controlled by the provisions of the ordinance of the City Council of Canton, Ohio, passed on the 23rd day of February, 1903, and subject to the terms and provisions of said ordinance. Said Canton-Akron Railway Company, its successors and assigns shall pay so much of the expense of grading and paving said Mahoning street, between North and Lake Streets, by the use of vitrified paving blocks or such other material as the Council shall determine, as may be necessary to grade and pave the space between its tracks on said street between said points, and known as the "Devil Strip," and between the rails of said tracks, and for a distance of nine inches outside the rails on either side of said tracks. Sec. 3. This ordinance shall take effect and be in force from and after its passage and legal publication, but no work shall be done under this ordinance until The Canton-Akron Railway Company shall have filed with the City Clerk its written acceptance of the provisions, terms and conditions of this ordinance, and shall have paid the expenses incident thereto, and when so filed and said payment made, this ordinance, to- geher with the acceptance thereof, shall constitute an agreement between the City of Canton, Ohio, and The Canton-Akron Railway Company, its successors and assigns. Passed May 1st, 1905. Approved May 3rd, 1905, by W. H. Smith, Mayor. GEORGE H. LEGGETT, President of Council. C. C. LOYD, Clerk of Council. ACCEPTANCE— To the Mayor and City Council, Canton, Ohio. Gentlemen: — In accordance with the ordinance passed Monday, May 1st, I 9°5' D y your Honorable body for the double tracking of Mahoning street, in the City of Canton, Ohio, The Canton-Akron Railway Company hereby accepts said ordinance and enclose herewith check for the sum of $50.00 to cover cost of publication of same. Yours very truly, Canton-Akron Railway Company, by E. S. Dimmock, Gen. Mgr. SPECIAL ORDINANCES 251 AN ORDINANCE To amend an ordinance establishing a street railway route commencing for the same at the north line of North street, opposite Orchard street; thence south across North street to East Second street, and thence west along East Second street to the west line of Walnut street, known as Route No. 6, passed July 28, 1902. Be it ordained by the Council of the City of Canton, Ohio, that the ordinance passed by the Council of the City of Canton, Ohio, July 28, 1902, establishing a street railway route known as Route No. 6, commenc- ing for the same at the north line of North street; thence south across North street to East Second street, and thence west along East Second street to the west line of Walnut street be so amended as to read as follows : Section 1. That a street railway route, to be known as Route No. 6, be and the same is hereby established as follows : Commencing at the north line of East North street, immediately opposite Orchard street and at the terminus of the private right of way of The Stark Electric Rail- way Company, and running thence across East North street on and along Orchard street, and to East Second street ; thence west on East Second street to the west line of Walnut street. The said railway to be built and established in and upon said route shall be constructed, equipped and operated in the manner following, to-wit : First. — Said street railway shall be constructed with a single track, with all proper and necessary switches and turnouts ; said railway shall be •A a gauge known as "Standard," and no other, and shall be laid as near the center of the streets over which the same pass, as is practicable. Second. — At the time of building said track, and before any cars are operated thereon the person or company constructing the same shall re- lay all pavements in a proper manner and to the satisfaction of the City Civil Engineer, and shall thereafter keep and maintain all street paving between its rails and for a distance of nine (9) inches upon the outside of each rail in proper repair, and to the satisfaction of the City Civil En- gineer. Third. — Said tracks shall be laid to the present surface grade of the streets, over which the same is located, and should any change hereafter 252 REVISED ORDINANCES be made in. the grade of such streets, the person or company owning or controlling said tracks shall make the same conform to such changed grade when ordered so to do by the City Council, without receiving or being entitled to receive from said city any compensation or damages by reason of such change of grade. Fourth. — Said person or company so constructing or operating said railway shall, upon the completion of said track and before any cars are operated upon said line, pay to the City Clerk the amount of the original cost of laying all paving between its said tracks and for a space of nine (9) inches upon the outside of each rail, and the amount so paid to the City Clerk shall be distributed by him among abutting property holders in proportion to the amount they severally contributed to such original improvement. Fifth. — The motive power to be used in propelling the cars on said line shall be electricity. Sixth. — The right to construct and operate said street railway shall include the right to erect poles and string trolley wires and such other wires and appliances as are proper and necessary for conducting the electric current for propelling cars. Said poles shall be of wood not less than twenty-five (25) feet in length, shall be firmly set in the ground a depth of at least four (4) feet ; shall be placed, as nearly as practicable, a uniform distance of one hundred and twenty-five (125) feet apart, shall be placed near the curb line of the street, and be so located as not to in- terfere with the ingress and egress of abutting property. The standing committee on streets and alleys of the City Council shall have power and authority, when necessary, to change the location and order the removal O'i! any of said poles, but not so as to interfere with the operation of said road ; and they may be temporarily removed when necessary when any improvements or repairs are being made by the authority of the City Council. Said poles shall be painted when erected and shall be repainted from time to time, as the Council may direct. The wires herein mentioned shall be provided with the latest improved appliances for the protec- tion of life- and property, and shall be so laid, placed and constructed as not to interfere in any manner with the wires and appliances of the City's Fire Alarm System or Police Patrol System or any other wires SPECIAL ORDINANCES 253 that may hereafter be used and controlled by the City, and the City shall have the right and privilege jointly with the person or company operat- ing said line of electric railway, but only in such manner as not to inter- fere with the use thereof by such persons or company, to the use of any or all of said poles, free of cost. Seventh. — The cars to be used on said line shall be provided with all the latest improved appliances for the comfort and protection of pas- sengers and employes ; having special reference to lighting and heating, and to be provided with vestibules at the forward end thereof, during the months of November, December, January, February and March of each year. They shall be provided at either end and with a suitable light, which shall be lighted and kept burning at night, and shall be provided at the forward end of each car with a bell or gong. The person or company building or operating said street railway line, shall comply with any and all reasonable rules and provisions that may be hereafter passed by the City Council touching the equipment and operation of said street railway. Eight. — Work shall be commenced on said line within sixty (60) days, and shall contiune without unnecessary delays until the line is com- pleted, and in operation within one year from the passage of the ordinance granting the franchise for the construction and operation of said street railway. i Ninth. — All city officials, members of the police force and all regu- lar members of the Fire Department when in uniform to have free trans- portation over said route. Sec. 2. The person or company using the street or electric railway line shall keep its roadbed and any and all street paving between its rails and nine (9) inches each side thereof, in good and continuous repair, and upon failure so to do within fifteen (15) days after the adoption of a resolution by the City Council to the effect that such repair is necessary and service upon such person or company of a copy thereof by the City Clerk ; the City Council reserves the right to cause such repair to be made through its Street Commissioner or City Civil Engineer, and have the cost thereof reported to the City Council 254 REVISED ORDINANCES who shall cause the same to be certified to the County Auditor and placed on the tax duplicate for collection and be collected as other taxes. Sec. 3. The person or company operating said street railroad shall at all times hereafter defend, keep harmless and indemnify the City of Canton from all damages, lawful claims and demands for injuries, against persons or property, and costs and expenses to which said city may be subject or made liable by any proceeding at law or in equity, or otherwise, growing out of the grant of the privileges in this ordinance set forth or out of the exercise of the enjoyment of the same. Sec. 4. The franchise for the building and operation of a street railway on said route, to be granted by ordinance to be hereafter passed, shall be for the term of twenty-five years from the passage of such ordinance. Sec. 5. The ordinance hereafter to be passed, granting a franchise for the construction and operation of a street railway on said route shall contain a provision that should the company or person to whom such franchise is granted, its successors or assigns, without any reason there- for fail to operate any cars on said line for the periol of ten (10) consecu- tive days, then such franchise shall be forfeited and beco'me null and void, at the option of the Council of said city or other governing body having control thereof. Provided, however, that if the failure to operate cars on said line for the period above stated, shall arise, or be caused by reason of washouts, floods, storms, accidents, strikes, or any other casualty or cause, not herein enumerated, then the above provisions shall not apply, the intention being that the failure to operate cars, as provided, shall arise from some willful cause or neglect. Sec. 6. At least one car per hour from 6:30 o'clock A. M., and ear- lier if so desired by the person or persons or company operating said line of railway, and until 10:30 o'clock P. M., and later, if so desired by the person or persons or company operating the said railway, shall be operated upon and over said route hereinbefore described, daily. Sec. 7. That the City Clerk is hereby directed to advertise for sealed proposals to construct and operate said street railroad route as established in Section 1 hereof for a period of one week. Sec. 8. That said original ordinance passed July 28th, 1902, be and the same is hereby repealed. SPECIAL ORDINANCES 255 Sec. 9. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed November 10, 1902. GEORGE W. GOOD, President of Council. Attest: C. C. LOYD, City Clerk. Published in the Evening Repository November 12 and 17, 1902. AN ORDINANCE An ordinance granting permission to construct and operate an electric Street Railway in the City of Canton, Ohio, upon and over what is known as route No. 6. Whereas, the City Council of the City of Canton, Ohio, did by 01- dinance duly passed on the 10th day of November, 1902, establish what is known as street railway route No. 6, in said city ; and W hereas, pursuant to the terms and directions in said ordinance con- tained, Charles C. Loyd, Clerk of said City, did give notice by publication in the Evening Repository and News-Democrat, newspapers published daily in said city and of general circulation therein, for a period of one week next preceding the first day of December, 1902, advising the public that sealed proposals would be received until 10 o'clock A. M. of De- cember nth, 1902, by the City Council of said city through said Clerk for the granting of the right to construct, maintain and operate for a period of twenty-five years, an electric street railway upon and over said route No. 6, as created and established by said ordinance ; and Whereas, bids were received by said Council of said City of Canton, through said clerk, at the time mentioned in said notice, which said bids were duly opened by said clerk and by him presented to said Council, and it appearing that C. R. Morley, one of said bidders, by his said bid duly and legally filed, proposed to carry passengers upon and over said street railway route No. 6 at a lower rate of fare than any other bidders, namely: for each adult passenger, one way, 5 cents; 6 tickets for 25 cents; 12 tickets for 50 cents, each of said tickets entitling the passenger holding the same to ride to the extent as if a full five cent cash fare had 256 REVISED ORDINANCES been paid ; children over five and under eleven years of age, 3 cents, and under five years of age, when in care of parents or guardian, free ; children in arms free ; and proposing also to construct and complete said street railway line upon and over said route No. 6 within the time and in the manner in said ordinance set forth, accompanying, his bid with a surety bond in the sum of Fifteen Thousand Dollars ($15,000.00), condi- tioned as by the terms of said ordinance and the resolution passed, rela- tive to the giving of such bond, required, and Whereas, said bidder, C. R. Morley, has also filed with the said City Council the written consent of a majority of the property owners on each of said streets contained and described in said street railway route No. 6, represented by the foot frontage of the lands abutting upon each of the streets upon and over which it is proposed to construct and operate said electric street railway, to-wit : upon Orchard street, from North street to Second street, and upon Second street, from Orchard street to Walnut street, as and in the manner by law and the terms and provisions of said route provided. Now, therefore, be it ordained by the Council of the City of Canton, Ohio, as follows : Section 1. That permission be and is hereby granted to C. R. Morley, his heirs and assigns, to construct, maintain and operate a line of electric street railway upon and over what is known as route No. 6 in the City of Canton, and described as follows : Commencing at the north line of East North Street, immediately opposite Orchard Street, and at the terminus of the private right of way of The Stark Electric Railway Comipany and running thence south across East North Street on and along Orchard Street and to East Second Street ; thence west on East Second Street to the west line of Walnut Street. Sec. 2. That the foregoing grant shall be for the term of twenty- five years and shall be subject to all of the terms, conditions, stipulations and provisions contained in an ordinance passed by the City Council of Canton, Ohio, on the 10th day of November, 1902, and entitled, "An ordinance to amend an ordinance establishing a street railway route com- mencing for the same at the north line of North Street, opposite Orchard Street; thence south across North Street to East Second Street; thence west along East Second Street to the west line of Walnut Street, to be SPECIAL, ORDINANCES 257 known as route No. 6, passed by said Council on the 28th day of July, 1902." Sec. 3. The rate of fare shall not exceed the rates named in the pre- amble of this ordinance, namely : for one passenger, one way, five cents ; six tickets fo: twenty-five cents ; twelve tickets for fifty cents, each of said tickets entitling the passenger holding the same to ride to the same extent as if a full five cent cash fare had been paid ; children over five and under eleven years of age, 3 cents, and under five years of age, when in care of parents or guardian, free ; children in arms free. Sec. 4. The above grant is on the further condition that said C. R. Morley, his heirs and assigns, shall deposit with the City Clerk upon the passage of this ordinance the sum of money sufficient to pay the cost of publishing all the necessary notices, resolutions and ordinances con- nected with the establishing of said route No. 6, and the granting of this franchise and shall file with the City Clerk a written consent, binding himself, his heirs and assigns, to abide by and coimply with the terms and provisions of this ordinance and the ordinance establishing the said route No. 6. Sec. 5. The said grant is upon further condition that said C. R. Morley, his heirs, successors and assigns, shall grant to all passengers transfers over the lines of The Canton-Akron Railway Company, its suc- cessors and assigns, and over all the lines of all other companies hereafter operating lines of street railway within the City of Canton upon a like condition, being by ordinance imposed upon said company and other persons or corporations, but such transfers shall pertain only to the business of said C. R. Morley, his heirs, successors and assigns and to said Canton-Akron Railway Company, and said other persons or com- panies transacting and carrying on business within the city limits of the City of Canton, and so far as said C. R. Morley, his heirs, successors and assigns are concerned, to the business originating and terminating within the route herein described and any and all extensions thereof. The fares of all passengers so transferred to be divided equally between said com- panies or persons operating said lines to which said transfers are made, and the company or person granting the same. Sec. 6. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed January 12th, 1903. Attest : C. C. LOYD, City Clerk. GEO. W. GOOD, President of the Council. 258 REVISED ORDINANCES AN ORDINANCE Granting to Charles R. Morley, his successors, heirs and assigns the right to extend the line of an electric railway to be by him, his successors, heirs and assigns, constructed over and upon what is known as Route No. 6, in the City of Canton, upon parts of Walnut, Seventh, Market and Fifth Streets in said city, and to construct, maintain and operate said extension of said street railway and prescribing the terms and conditions upon which the same shall be done. Whereas, Charles R. Morley by virtue of an ordinance passed by the Council of the City of Canton, Ohio, on the 12th day of January, 1903, has secured the right to construct, maintain and operate a line of electric railway over and upon certain streets in the City of Canton, Ohio, to-wit : Commencing at the north line of East North Street, imimediately oppo- site Orchard Street and the terminus of the private right of way of The Stark Electric Railway Company, and running thence south across East North Street, on and along Orchard Street ; thence west on East Second Street to the west line of Walnut Street, known as Route No. 6, and Whereas, Said Charles R. Morley desires to extend said lines from the intersection of North Walnut Street with the center line of East Second Street southwardly along said Walnut Street to East Seventh Street ; thence westwardly along said East Seventh Street to a point in the center of the east track of the Canton-Akron Railway Company, and now laid, and if by reason of the double tracking of Market Street by the said The Canton-Akron Railway Company, its successors and assigns, said east track as now laid, is required to be and is changed froim its present location and moved eastwardly, then to the center of said track so removed ; thence northwardly along the center of said east track as now laid or as so removed to Fifth street; thence eastwardly on Fifth street to Walnut street, and, Whereas, It appears that the consent in writing has been obtained of the owners of more than half of the feet front of the lots and lands abutting on the streets and public ways along which it is proposed to con- struct the said extension of said railway, and said consents have been produced before this Council, and SPECIAL ORDINANCES 259 Whereas, It appears that all requirements of the law in respect to such extension have been complied with, and the Council deems such extension will be beneficial to the public. Now, therefore, Section I. Be it ordained by the Council of the City of Canton, Ohio, that said Charles R. Morley, his heirs, successors and assigns, be, and he is hereby granted the right to construct, maintain and operate a single track line of electric railway as an ex- tensiun of his lines of electric railway to be by him constructed upon Orchard Street and Second Street as hereinbefore de- scribed, known as Route No. 6, commencing with the intersection of North Walnut Street with the center line of East Second Street; thence southwardly with Walnut Street to East Seventh Street ; thence west- wardly along East Seventh Street to the center line of the east track of the Canton-Akron Railway Company as now laid and if by reason of the double tracking of Market Street by said The Canton-Akron Railway Company, its successors or assigns, said east track as now laid is required to be and is changed from its present location and removed eastwardly, then to the center of said east track so removed ; thence northwardly along the center of said east track as now laid or as removed to Fifth Street ; thence eastwardly on Fifth Street to Walnut Street, together with all necessary sidings, switches, crossovers and turnouts, except that there shall be no siding nor turnouts on said Market Street, as shall be required to successfully operate said line and if found necessary by said Charles R. Morley or his heirs, successors or assigns, so to do, then to connect the same or any part thereof with the lines of any other electric street railway company now, or hereafter operating a line of electric street railway upon and over said streets or any of them, upon an agreement being first had between such other company and said Charles R. Morley, his heirs, successors and assigns, and said extension shall be constructed, operated and maintained in the same man- ner as is provided for in the ordinance establishing said railroad route No. 6, passed the I2th day of January, 1903, and all of the provisions of said ordinance in so far as they are applicable, shall govern said Charles K. Morley, his heirs, successors and assigns, in the construction, opera- tion and maintenance of said extension and said Charles R. Morley, his heirs, successors and assigns shall, in respect to said extension, have all 260 REVISED ORDINANCES of the rights, privileges and franchises granted by said route and fran- chise ordinance to the same extent, and in the same manner as if said extension were a part of the original line to be constructed thereunder. Sec. 2. The foregoing grant shall be for the term of twenty-five years, to commence and expire the same as the time fixed in the ordi- nance of January 12th, 1903, granting to said Charles R. Morley, his heirs, successors and assigns said franchise, and shall be subject to all of the term's and conditions contained in the ordinances hereinbefore re- ferred to in so far as applicable. Sec. 3. As provided by the terms of the consents of the property owners on said Walnut Street, Seventh and Fifth Streets, filed herein, said Charles R. Morley, his heirs, successors and assigns, shall within thirty days from the date of the passage and publication of this ordinance pay to said property owners the cost and expense heretofore assessed against them for the paving of so much of said Seventh and Fifth Streets, between the points named, as is included within the rails of said line, and a space of nine inches on the outside of each of said rails; and when said Walnut Street, or any part thereof, shall be paved, then as to such portion of said street as lies between Second and Seventh Streets, said Charles R. Morley, his heirs, successors and assigns, shall pay the cost of paving between the rails of said track, and also a space of eighteen inches on the outside of each of said rails, to be assessed against them. Sec. 4. Should the City of Canton, hereafter, during the life of the franchise hereby granted, or any extension thereof, deem it best that a waiting station be erected upon the square, and by resolution duly passed by the proper authorities, provide for the erection thereof, then said Charles R. Morley, his heirs, successors and assigns shall with Stark County, the City of Canton and any other electric street railroad or rail- roads operating a line of electric street railroads within said City of Can- ton, and upon or across said square or any part thereof, join in the erec- tion of such building; the cost thereof to be borne equally by said parties; and the future maintenance thereof, after the erection and completion of said building, to be at the cost and expense of said Charles R. Morlev. liis heirs, SUCCesors or assigns, and said other electric railroad or railroads the control of the same to be under the direction of said Charles R. SPECIAL ORDINANCES 261 Morley, his heirs, successors or assigns, and said other electric street railroad or railroads. Sec. 5. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed February 16, 1903. GEORGE W. GOOD, President of the Council. Attest : C. C. LOYD, City Clerk. Published in The News-Democrat February 19 and 26, 1903. AN ORDINANCE To amend an ordinance entitled "An ordinance to grant to the Pennsyl- vania Company, Lessees of The Pittsburg, Fort Wayne and Chicago Railroad Company, the right to construct a second track and certain sidetracks in the City of Canton, Ohio. Section 1. Be it ordained by the Council of the City of Canton, Ohio, that the Pennsylvania Company, lessees of the Pittsburg, Fort Wayne and Chicago Railroad Company, be and they are hereby granted the right to construct and maintain a track running parallel with their present main track through the City of Canton, Ohio, and across the public streets, avenues and alleys of said city hereafter named, and upon the route delineated by the red line on the plat filed in the City Clerk's office marked, "Plan of proposed management of the tracks at Canton, Ohio." Beginning at the East Creek bridge with a second track on the northerly side, and a siding on the southerly side of the present main tracks of said company, said tracks being located twelve and three-fourths feet distant, center to center from said main track ; then crossing with said new tracks the following named streets, viz : North, Second, Young, Third, Rowland, Fourth and the alley west of Rowland, then continuing said new siding on the south side of said main track over Fifth, Tuca- rawas and Seventh Streets ; also crossing South Cherry Street with a sidetrack located twelve and three-fourths feet distant from the center of the present south main track ; and continuing said new siding on the south side of said main track over South Market, South Cleveland, South 262 REVISED ORDINANCES Plum and Grant Streets, but located twelve and three-fourths feet distant from the center of the present south main track ; also a second track at the east line of High Street and crossing Marion Street, Dueber Avenue and Harrison Avenue, located twelve and three-fourths feet distant from center to center. Said company shall also repave in a proper manner all portions of present paving that may be torn up in relaying said tracks. Said company also agrees to plank so much of said sidetracks and additional main tracks as lies in and and upon the different streets, ave- nues and alleys above named between the rails and between all tracks and twenty-four inches on either side of the tracks, and keep the same at all times in good repair, and should said street, avenues or alleys at any time hereafter be paved by order of the Council of said city, said company agrees to pave between its said tracks, and to a distance of twenty-four inches on either side of the same, with such material as may be ordered by the Council for the paving of such streets, avenues and alleys and also upon the further condition that the said The Pennsylvania Company shall light its tracks at the point where the same intersects the middle line of East Tuscarawas Street, Cherry Street, Market Street, Plum Street and Cleveland Avenue with an electric arc lamp at each of said crossings. Said lamps shall be suspended by cable, supported upon poles which shall extend not less than thirty feet above the ground, and shall be kept burning continuously every night from sunset to sunrise. Said company shall also erect and maintain a suitable and proper crossing gate on both sides of its tracks where the same cross Cleveland Avenue and Plum Street and cause the same to be operated between the hours of 6 o'clock A. M. and half past ten o'clock P. M. at all times and that after the ex- piration of five years from the date of the passage of this ordinance should the City Council deem it necessary crossing gates on both sides shall be placed at High Street and Dueber Avenue to be operated between the hours of 6 o'clock A. M. and half past to o'clock P. M. at all times. Sec. 2. An ordinance entitled "An Ordinance to grant to the Penn- sylvania Company, lessees of The Pittsburg, Fort Wayne and Chicago Railroad Company, the right to construct a second track and certain side- tracks in the City of Canton, nhio," passed November 21, i8<;2, is hereby repealed. SPECIAL, ORDINANCES 263 Sec. 3. This ordinance shall take effect and be in force from and after its passage and legal publication, and the acceptance by said The Pennsylvania Company, of the conditions and terms therein named. Passed April 8th, 1895. AN ORDINANCE An ordinance to grant to The Pennsylvania Company and to The Pitts- burgh, Fort Wayne & Chicago Railroad Company the right to con- struct additional tracks in the City of Canton, Ohio. Section 1. Be it ordained by the 'Council of the City of Canton, Ohio, that The Pennsylvania Company and The Pittsburg, Fort Wayne & Chicago Railroad Company, be and they are hereby granted the right to construct and maintain tracks running parallel with their present main tracks through the City of Canton, Ohio, and across the public streets, avenues and alleys of said city hereinafter named upon the route deline- ated by the red line on the plat filed in the City Clerk's office, marked "Plan of proposed arrangement of tracks at Canton, Ohio," beginning at the east corporation line of said City of Canton with a fourth track on the northerly side of the present main tracks of said railway companies, said tracks being located thirteen (13) feet distant center to center from said tracks, then crossing with said new track the following main streets, ave- nues and alleys, viz : Carnahan Avenue, Lippert Street, Alban Street, Hurford Street, East North Street, East Second Street, North Young Street, East Third Street, Rowland Street, East Fourth Street, and the alley west of Rowland Street, then continuing the present southerly siding east of Eighth Street westwardly across Eighth Street, then continuing the present northerly siding just west of South Cherry Street, eastwardly across South Cherry Street, to connect with the present northerly main tracks of said railway companies ; also crossing South Cherry Street with a sidetrack located northwardly about fifteen feet from the present sidetrack across said South Cherry Street ; and con- tinuing the present north siding east of McKinley Avenue, westwardly across McKinley Avenue, Grant Street, High Street, and the alley west of High Street and Marion Street ; thence with an additional track on each 264 REVISED ORDINANCES side of the present main tracks and thirteen feet center to center, there- from westwardly across Camden Avenue, Dueber Avenue, Park Avenue and Harrison Avenue. Said Company shall also repave in a proper manner all portions of present paving that may be torn up in laying or relaying said tracks. Said company also agree to plank so much of said track and addi- tional main track as lies in and upon the different streets, avenues and alleys above named, between the rails and between all tracks and twenty- four inches on either side of the tracks and keep the same at all times in good repair and should said streets, avenues and alleys at any time hereafter be paved by order of the City Council of said city, said company agrees to pave between its tracks and to a distance of twenty-four inches on either side of the same with such material as may be ordained by the Council for the paving of the balance of such streets, avenues and alleys. Sec. 2. This ordinance shall take effect and be in force from and after its passage and legal publication and the acceptance by the - said Pennsylvania Company of the conditions and terms therein named. Passed April 13th, 1903. GEORGE W. GOOD, President of the Council. Attest: C. C. LOYD, City Clerk. AN ORDINANCE Providing for the use of certain streets and alleys in the City of Canton by the Canton and Waynesburg Railroad Company. .Section 1. Be it ordained by the City Council of the City of Can- ton, Ohio, That The Canton and Waynesburg Railroad Company, its successors and assigns, shall have the right to lay down and hereafter maintain a track for its railroad across Robin Street between lots 2232 and 2233 across the alley west of Robin Street, between lots 2232 and 2164, across Nimisilla street between lots 2159 and 2164; across Preyer Street between lots 2070 and 2159; across the alley west of Bucher Street between lots 2076 and 2075; across Liberty Street between lots [269 and [238 and 1237; across the alley west of lots 1237 and 1 238 ; along the SPECIAL ORDINANCES 265 alley between lots 976 and 977 ; across Cherry street ; along the alley be- tween lots 421 and 422; and across the alley next west of Cherry street. Said track shall be laid and kept to conform to the grade of said streets and alleys at the place it is laid. Sec. 2. That said company shall not construct any switch or side- track on said streets or alleys without first obtaining permission of the Council of said city. Sec. 3. Said right is granted on condition that said company plank the track between the rails, and also on each side of the rails where neces- sary, to the satisfaction of the Council of said city. And that it construct necessary crossings, sewers or drains where any sidewalk or street crosses the track, and that such planking, sewers and drains be maintained in proper repair. Sec. 4. Said company shall also, when required, construct suitable drains for surface water along or under the track. Sec. 5. This ordinance shall be in force from and after its passage and legal publication. Passed April 27, 1885. AN ORDINANCE Granting the right of way to The Connotton Northern Railway Com- pany over and through certain streets and alleys in the City of Canton. Section 1. Be it ordained by the City Council of the City of Canton, That the right of way be and is hereby granted unto the Connotton Northern Railway Company to locate and construct its line of railway and thereafter maintain the same over, across and along the streets and alleys of said City of Canton upon a line described as follows, to wit : Beginning at the north line of the Connotton Valley Railroad on Ninth street opposite the south end of lot number seventeen hundred and eight (1708); thence over a part of Ninth street and across an alley west of lot number seventeen hundred and eight (1708); in a diagonal course to the south side of Eighth street, near the northwest corner of lot number seventeen hundred and ten (1710); thence along the south side of Eighth 266 REVISED ORDINANCES street not nearer to the south side of said street than nine (9) feet ; west- wardly across the Pittsburgh, Fort Wayne & Chicago Railroad tracks, and thence westwardly in a straight line to a point opposite the northwest corner of lot number nine hundred and ninety-four (994) ; thence curving across the southwest corner of lot number nine hundred and thirty-five (935) to a street known as Saxton ; thence northwardly along said Saxton street to the north end thereof ; thence into Savan- nah avenue in Schaefer s addition to the said City of Canton ; thence to a point about 500 feet south of the north end of said Savannah avenue ; thence by a course northeasterly nearly parallel to Lawrence avenue, across such streets and alleys as may be intersected by that course between the north end of said Savannah avenue and the northwest corner of the grounds of the Stark County Agricultural Society to Fairview street and across said Fairview street to the north line of said city. Sec. 2. Said Railroad shall be constructed in accordance with the grades now established by ordinance for the various streets and alleys over or through which the same may run ; and no such grade shall be changed for the construction of said railroad, except with the consent of the Committee on Streets and Alleys first obtained. Said Railway Com- pany, its successors and assigns, shall at all times maintain good and suffi- cient street crossings and sidewalk crossing wherever the same crosses or passes along the traveled track of any street or alley or crosses any side- walk ; and the drainage of the surface water shall be provided for under or along said railway by suitable ditches and drains. And all said cross- ings, ditches and drains shall be constructed and maintained agreeably to the requirements of the City Council made from time to time. Sec. 3. Said Railroad Company shall exercise no rights under this ordinance until it has filed in the office of the City Clerk a written accept- ance attested by the seal of said Company of the provisions of this ordi- nance, and of the obligations imposed hereby upon said Railway Com- pany. Sec. 4. That this ordinance shall take effect ten days after its pass- age and legal publication. Passed May 10, 1880. SPECIAL ORDINANCES 267 AN ORDINANCE To amend section one of an ardinance entitled "An ordinance granting the right of way to The Connotton Northern Railway Company over and through certain streets and alleys in the City of Canton," passed May 10, 1880. Whereas, The Connotton Northern Railway Company in construct- ing its railway in the City of Canton, Ohio, and over and across the streets and alleys in the same has not occupied so much of the streets and alleys as it was authorized to do by the ordinance of the City Council. Therefore : Section 1. Be it ordained by the City Council of the City of Canton, That the first section of an ordinance entitled "An ordinance granting the rig-ht of way to The Connotton Northern Railway Company over and through the streets and alleys of the City of Canton/' be so amended as to read as follows : That the right of way be and is hereby granted unto the Connotton Northern Railway Company to locate and construct its line of railway and thereafter maintain the same over and across and along the streets and alleys of said City of Canton upon a line described as follows, to-wit : Beginning at the line of the Connotton Valley Railroad on Ninth street opposite the south end of lot number 1707; thence over part of Ninth street and across an alley west of lot 1708 in a diagonal course to the south side of Eighth street west of the Pittsburg, Fort Wayne & Chicago Railway ; thence across the northeast corner of lot number 2550; thence diagonally across Eighth street, and over the south- west corner of Bucher, Gibbs & Co.'s property ; thence across Elm street to the east line of lot 1001 ; thence across said lot to lot 1000 to am alley west of said lots over the north side to lot 992 to south side of lot 991 to an alley situated between the said two lots ; thence across Oak street to the northeast corner of lot number 992 ; thence across East Seventh street to the southwest corner of lot 767; thence through lot 766 to the east side of Saxton street ; thence along Saxton street across East Tuscarawas street, East Fifth street. East Fourth street, East Third street, East Second street, and East North street near to the south line of Pennsylvania avenue ; thence crossing the Pennsylvania ave- 268 REVISED ORDINANCES nue east of Savannah street ; thence in a northeasterly course to the lands of Louis Schaefer crossing Virginia avenue ; thence across Canton avenue to the land of Benedict Dannemiller, crossing Washington avenue north of his lands ; thence in a northeasterly course to the northwest corner of the Stark County Agricultural Society's grounds and over the streets and alleys between said Washington avenue and said Society's grounds ; thence on the south line of John P. Rex's land. Sec. 2. Said original section one is hereby repealed, but said repeal shall not be held to effect the rights of said Railway Company upon any part of the streets or alleys occupied by the line described in said original ordinance, and alley occupied by said Railway Company. Sec. 3. That this ordinance take effect and be in force from and after its passage and ten days publication. Passed December 27, 1880. AN ORDINANCE Granting to The Connotton Valley & Straitsville Railroad Company a right of way over certain streets and alleys in the City of Canton. Section 1. Be it ordained by the City Council of the City of Can- ton, That the right is hereby granted to the Connotton Valley & Straits- ville Railroad Company to construct and maintain its railroad over and across the streets and alleys intersected by it on its line, as now located from the line of the Connotton Valley Railway in the first ward of the city to its bridge over the Nimishillen creek at the junction of the east and west branches of said creek ; provided, however, that the line of the sub-grade of said railway being the line of the top of the embankment, shall be so located as to cross Robin street with a cut of one foot ; Doug- lass street with a cut of two-tenths (2-10) of a foot; Nimisilla street with a cut of two (2) feet; Hane street at grade; Lafayette street with a fill of two (2) feet; Jackson street with a fill of four-tenths (4-10) of a foot; Lib- erty street with a fill of four-tenths (4-10) of a foot ; Cherry street with a fill of three (3) feet; Center street with a cut of three and two-tenths (3 2-10J feet; Allen street wth a fill of two (2) feet; South Market with a fill of nine (9) feet ; the grades <>f the streets having reference to the SPECIAL ORDINANCES 269 grades established by ordinance of the city ; provided further, that wher- ever said railroad crosses a street or alley above or below the established grade, said railroad company shall make proper slopes on both sides of said railroad in the street and sidewalks, so as to admit of the easy and convenient passage along such street or alley, the slopes not to exceed three feet in one hundred, except the slopes on Market street ; and said Railway Company shall make proper crossings of plank at all street and sidewalk crossings and keep the same in repair, together with proper and suitable ditches and water-ways under its railroad sufficient to carry the surface water across the safme wherever required by the City Council. Sec. 2. This ordinance shall take effect ten (10) days after its pass- age and publication. Passed September 5, 1881. AN ORDINANCE Providing for the use of certain streets by The Connotton Valley Rail- road Company. Section 1. lie it ordained by the City Council of the City of Can- ton, That the Connotton Valley Railroad Company, its successors or assigns, shall have the right to lav down and hereafter maintain a track on Mulberry street from the east line of Cherry street and thence to Ninth street and along and across Ninth street to the south side of Ninth street along the line designated upon a map of the location of that part of said Company's Railroad, this day filed in the office of the City Clerk and described as follows : Beginning for the same at the east side of Cherry street, thence north, 59 degrees east, twelve hundred feet; thence curving to the right two hundred and ninety feet on a radius of two hundred and sixty-five feet ; thence curving to the left sixty-five feet, on a radius of two hundred and sixty-five feet ; thence on a course south 74 degrees, east three hundred and seventy-five feet ; thence curving to the right on a radius of five hundred and ninety feet, to the south line of Ninth street. The middle line of said track on Mulberry street shall not be more than nine feet from the north side of said street. 270 REVISED ORDINANCES Sec. 2. Said Railroad Company shall put in frogs where said track will cross the side track from the Pittsburg, Fort Wayne & Chicago Rail- road to manufacturing establishments on the south side of said proposed track, but no person, corporation or railroad company shall so use said side track as to interfere unreasonably or improperly with the rights of the Connotton Valley Railroad Company, its successors or assigns, to use the right of way by this ordinance granted. Sec. 3. The right aforesaid are granted upon condition that said Railroad Company shall make and maintain as from time to time required by the Council, along or under its track upon said streets the necessary drains and gutters for surface water, so that it may not be obstructed by said Coimpany's track, and it shall make and maintain, as from time to time required by the City Council, sufficient crossings where said track crosses the traveled part of the streets or the sidewalks. Sec. 4. This ordinance shall take effect ten days after its publication. Passed January 20, 1880. AN ORDINANCE Providing for the occupation and use of certain streets and alleys by the Valley Railway Company. Whereas, The Valley Railway Company has located its line through the City of Canton, and the said line as located passes over and through certain of the streets and alleys of the city, and it is necessary to the con- struction and operation of said railway, that it have the right to construct, maintain and operate its said railway with proper and sufficient side tracks and switches upon, over and through and along such streets and alleys. Therefore in consideration of the sum of one dollar paid by said Railroad Company, and for other reasons and considerations especially the great benefits that are expected to accrue to said city and its inhabitants from said railway. Section t. Be it ordained by the City Council of the City of Canton. That the right is hereby granted to said Valley Railroad Company to con- struct its said Railway upon the grade established for it through the city, and to maintain and Operate the same, with proper and sufficient side- SPECIAL ORDINANCES 271 tracks and switches upon, over, through and along the several streets and alleys upon, over, through and along which the same has been located. The main track of said Railway as located being indicated upon a plat filed in the office of the 'City Clerk, to which reference is made, pro- vided that said Railway Company shall agree and be bound to construct and maintain suitable and sufficient plank crossings at all roadways and sidewalk crossings at said railway tracks, and also provide proper gutters or waterways under its tracks where required for the surface drainage. Sec. 2. That an instrument of writing granting and assuring to said Valley Railway Company the rights aforesaid be made and delivered to said Valley Railway Company by the President of the Council on behalf of the city. Sec. 3. This ordinance shall be in force and effect from and after its passage and ten -.days after its publication. Passed August 26, 1878. AN ORDINANCE Providing for the use of certain streets and alleys by the Valley Railway Company. Section I. Be it ordained by the City Council of the City of Can- ton, That the Valley Railway Company, its successors and assigns, shall have the right and it is hereby granted to them, to lay down and here- after maintain an extension of its branch or switch track from its present terminus near 'the east end of Mulberry street in said city so as to run said track over and across Ninth street ; thence passing northeastwardly diagonally across lots 171 1, 1710, 1709, in said city to the west line of an alley between lots 1709 and 1708 in said city; thence northeastwardly across said alley and said lots 1708 and 1707 in said city, to the western line of an alley between lots 1707 and 1706 in said city; thence north- eastwardly across said alley and lots 1706 and 1705 in said city to the southerly line of Eighth street, at a point on said south line of Eighth street between lots 1706 and 1704 in said city; thence northeastwardly across Eighth street to the north side thereof; thence running northeast- wardly across and along the alley east of and adjoining Weaver's Planing 272 REVISED ORDINANCES Mill at such angle as may be necessary to reach Seventh street ; thence across Seventh street to the north side thereof; it being the intention to confer upon said Valley Railway, its successors and assigns, the right to use above designated streets and alleys for the purposes aforesaid. Sec. 2. Said Company, its successors and assigns, shall make and maintain along and under said proposed track across said streets and alleys suitable drains or gutters, so that the surface waters may not be obstructed by said track ; and it shall make and maintain suitable cross- ings where said track lies on, along or across streets, alleys and sidewalks under the direction of the City Council. Sec. 3. This ordinance shall take effect ten days from and after its passage and publication. Passed June 27, 1881. AN ORDINANCE Granting the right of way over certain streets and alleys in the City of Canton, Ohio, to the Valley Railway Company. Section 1. Be it ordained by the City Council of the City of Canton, Ohio: That the Valley Railway (Company, its successors and assigns shall have the right and it is hereby granted to them to lay down and hereafter maintain a track from the main line of said Railway Company to the Canton Car Company's Works, on the following course, to-wit : Beginning for the same on lands of said Company west of High street formerly Chestnut street at a point eighteen feet north of right of way of Pittsburg, Fort Wayne & Chicago Railway Company ; thence eastwardly across alley immediately east of said High street on a line five and one- half feet north of said Pittsburgh, Fort Wayne & Chicago Railway Com- pany's right of way as indicated on map filed with City Clerk ; thence east and northwardly across I Mum street commencing on west side of I Mum street at a distance of twelve and one-half feet north of the right of way of the Pittsburg, Fort Wayne & Chicago Railway Company; thence northwardly on a curved line to the left to the east side of Plum street to a point forty-three feet north of right of way of said Pittsburg, Fort Wayne & Chcago Railway. Also to extend a track five and one-half SPECIAL ORDINANCES 273 feet north of said Pittsburg, Fort Wayne & Chicago Railway Company's right of way across Plum street as indicated on said map filed with the City Clerk. Sec. 2. Said Company, its successors and assigns, shall make and maintain along or under said proposed tracks suitable drains or gutters for surface water, so that it may not be obstructed by said proposed tracks, and shall make and maintain suitable and sufficient crossings where said tracks cross said streets and alleys, as the City Council may direct. Sec. 3. That this ordinance take effect and be in force from and after its passage and due publication. Passed March 5, 1883. AN ORDINANCE Providing for the use of certain streets and alleys by the Valley Railway Company. Section 1. Be it ordained by the City Council of the City of Canton, That the Valley Railway Company, its successors and assigns, shall have the right and it is hereby granted to thetm, to lay down and hereafter maintain a track from the main line of said Company to connect with the manufacturing establishments lying east of Market street, over, along and across the streets and alleys of said city, upon a line described as follows : Starting at a point on the main line of said Company as now located, one hundred and fifty feet south of the right of way of the Pittsburg, Fort Wayne & Chicago Railroad near the west line of Chestnut street ; thence curving to the left on a radius of 410 feet a distance of 550 feet into Navarre street fifteen feet from the south side of said street ; thence along Navarre street 750 feet, a distance of fifteen feet from said south side of Navarre street; thence on a curve to the right on a radius of 1,000 feet, a distance of 200 feet to the east line of Market street ; thence following the north line of an alley to Walnut street, a distance of 300 feet ; thence curving to the left on a radius of 600 feet a distance of about, 570 feet to Jackson street ; thence across Jackson street nearly at right angles ; thence about 1,100 feet to a point on Shriver's Run; thence curving to 274 REVISED ORDINANCES the right a radius of 650 feet, a distance of 330 feet to a point about two hundred feet west of Cherry street ; thence north 62 degrees 45 minutes, east about 270 feet to the east side of Cherry street 22 1-2 feet south of the north side of Mulberry street; thence the same course 1,400 feet continuing 21 1-2 feet from the north line of Mulberry street to near the east end of said Mulberry street, said line to be the middle line of said track. Sec. 2. Said company shall put in frogs and make the necessary crossings when said track will cross the switches from the Pittsburg, Fort Wayne & Chicago Railroad to manufacturing establishments on the south side of said proposed track, but no person or corporation shall so use such switches so as to interfere unreasonably or improperly with the use of said proposed track. Sec. 3. Said company or its successors and assigns, shall make and maintain along or over said proposed track suitable drains or gutters for surface water, so that it may not be obstructed by said proposed track ; and >it shall make and maintain suitable and sumcent crossings where said tracks lie oil, along or across streets, alleys and sidewalks, under the direction of the City Council. Sec. 4. This ordinance shall take effect ten days after its publication. Passed March 1, 1880. AN ORDINANCE Granting the Cleveland & Canton Railroad Company the right to maintain a switch. Section r. Re it ordained by the Council of the City of Canton, Ohio, That the Cleveland & Canton Railroad Company, its successors and as- signs, be and they are hereby granted permission to lay and maintain a switch through the alley laying between lots number 984 and 992 on the west, and lots number 983 and 991 on the east, and to cross Oak street and Saxton street for the same ; along the red line delineated on the plat on tile in the City Clerk's office, marked "Dannemiller Switch," provided, however, that said Cleveland & Canton Railroad Company shall keep said track planked between the rails where the said switch may cross ( )ak SPECIAL ORDINANCES 275 street or Saxton street, and provided further that neither the said Cleve- land & Canton Railroad, its successors and assigns, shall at any time per- mit anj T cars or engine to stand or remain on said switch, and provided further that the said Cleveland & Canton Railroad Company shall com- pensate the abutting property holders for any and all damages which they may sustain by reason of the construction of or maintenance of said switch. Sec. 2. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed March 10, 1890. AN ORDINANCE Granting the Cleveland & Canton Railroad Company the right to construct a switch across Ninth street and along Mulberry street. •Section 1. Be it ordained by the Council of the City of Canton, Ohio, That the Cleveland & Canton Railroad Company be and they; are hereby granted the right to construct and maintain a switch across Ninth street and along Mulberry street upon the route delineated by the red line on the plat filed in the City Clerk's office marked "Mulberry Switch of Cleve- land & Canton Railroad Company," provided that the said Company shall plank so much of said switch as lies in and upon Ninth street between the rails and twenty-four inches on either side of the track and keep the said switch in good repair. ,Sec. 2. This ordinance shall take effect upon its passage and legal publication. Passed August 12, 1889- AN ORDINANCE Granting the Cleveland & Canton Railroad Company the right to con- struct and maintain a switch on Oak street. Section 1 . Be it ordained by the Council of the City of Canton, Ohio, That the Cleveland & Canton Railroad Company, be and they are hereby granted the right to construct and maintain a switch on Oak street, along 276 REVISED ORDINANCES the route delineated on the plat marked "map showing proposed switch on Oak street/' on file in the City Clerk's office, provided that the said Com- pany shall plank the said switch between the rails and four feet outside of the rails on either side, where the same crosses Eighth street. Provided further that the said Company shall grant to all other Railway Companies the right to use the same upon the payment therefor, of a sum not ex- ceeding two dollars per car, and provided said switch shall be used only for the loading and unloading cars and for no other purpose. Sec. 2. This ordinance shall take effect upon its passage. Passed August 12, 1889. AN ORDINANCE Granting the Cleveland & Canton Railroad Company the right to construct a switch. Section 1. Be it ordained by the Council of the City of Canton, Ohio, That the Cleveland and Canton Railway Company, its successors and assigns, be and are hereby granted the right to construct and maintain a switch across Ninth street on the route indicated by the red line on the plan now on file in the City Clerk's office, designated as "plan of proposed switch to Ebel & Company's works" crossing Ninth, for the period of five years, provided that the said The Cleveland and Canton Railroad Com- pany, its successors and assigns keep the track planked between the rails and three feet outside and beyond the rails and construct and maintain all the necessary gutters and culverts. Sec- 2. This ordinance shall take effect and be in force upon its passage. Passed February 16, 1891. AN ORDINANCE Granting the right of way for switch purposes to the Canton Wrought Iron Bridge Company. Section [. Be it ordained by the Council of the City of Canton, Ohio, That The Canton Wrought Iron Bridge Company, its successors and SPECIAL ORDINANCES 277 assigns, be and they are hereby granted the right to construct and main- tain a railroad switch for the purpose of conveying to and from their plant freight, along the following line, to-wit : Across Henry street and the alley lying south of Richville street ; thence across Richville street at its intersection with the alley lying east of Henry avenue ; thence north through said alley to a point opposite lot number 36 in Sarver's addition to the City of Canton, Ohio ; thence across Massillon street and through Short street, and from thence across the alley to the north of said Sarver's addi- tion to the City of Canton, Ohio, which route is more definitely described on the plat marked "The Canton Wrought Iron Bridge Company's Switch Right of Way" now on file in the City Clerk's office. This grant is, how- ever upon the express condition that the said The Canton Wrought Iron Bridge Company, its successors and assigns, shall plank and keep planked the portion of said switch which may intersect with any street, alley or avenue, between the rails and for a distance of three feet on either side of said rails, and upon the further condition that they shall open and main- tain through and under their tracks such sewers or gutters as may be necessary to drain the adjacent country of storm water, and upon the further condition that they shall not permit any cars or engine to block any street alley or avenue. Sec. 2. This ordinance shall take effect and be in force from and after its passage and legal publication, and its acceptance in writing by the said The Canton Wrought Iron Bridge Company. Passed May 18, 1891. AN ORDINANCE Granting a right of way for switch purposes to the Bucher & Gibbs Plow Company. Section 1. Be it ordained by the Council of the City of Canton, Ohio, That the Bucher & Gibbs Plow Company, its successors and assigns, be, and they are hereby granted the right to construct and maintain a railroad switch for the purpose of conveying freight to and from their plant along the following line, to-wit : Along the south side of East Seventh street, from the Pittsburg, Fort Wayne & Chicago railroad to lot number nine 278 REVISED ORDINANCES hundred and Ninety-eight (998)- This grant is however upon the follow- ing express conditions : First. — That the said The Bucher & Gibbs Plow Company, its suc- cessors and assigns shall plank and keep planked the portion of said switch which may intersect with any street, alley or avenue, between the rails, and for a distance of three (3) feet on either side of said) rails. Second. — That said company shall open and maintain through and 'mder said switch such sewers or gutters as may be necessary to drain the surrounding premises of storm water. Third. — That said company shall not permit any car or cars, engine or engines, to block any street, alley or avenue intersection. Fourth. — That said switch shall be laid to such grade or grades as the City may establish from time to time, the same to be done without any expense to the City of Canton. Fifth. — That said switch shall not occupy more of said street than thirty (30) feet in width from the lot line or lot lines of the premises, which are now owned by the said company. Sixth-. — That should the aforesaid Seventh street be improved at any time during the life of this grant, then, in that event, said company shall do all things designated by the proper authority to be done in and about said switch, without expense to. the City of Canton. Sec. 2. The foregoing grant shall be for a period of five (5) years and no. longer. Sec. 3. This grant shall not be binding upon the City of Canton, un- less the said The Bucher & Gibbs Plow Company accept the terms of the same in writing. Sec. 4. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed August 29, 1902. GEORGE W. GOOD, President of the Council. Attest: C. C. LOYD, City Clerk. Published in the Evening Repository September 3 and 10. SPECIAL ORDINANCES 279 AN ORDINANCE Granting a right of way for switch purposes to The Stark Brewing Com- pany- Be it ordained by the Council of the City of Canton, Ohio, as follows i Section I. That The Stark Brewing Company, its successors and assigns be, and they are hereby granted the right to construct and; main- tain a railroad switch for the purpose of conveying freight to and from their plant along the following line, to-wit : Over and along Saxton street, conimencing for the same at the main line of The Wheeling & Lake Erie Railroad at a point seventy (70) feet north of North street ; thence along said Saxton street to the first alley south of Pennsylvania avenue. This grant is, however, upon the following express conditions : First. — That said The Stark Brewing Company open and maintain through and under said switch such sewers or gutters as may be neces- sary to drain the surrounding premises of storm water. Second. — That said Company shall not permit any car or cars, engine or engines to block any street, alley or avenue intersection. Third. — That said switch shall be laid to such grade as the city may establish from time to time, the same to be done without any expense to the City of Canton. Fourth. — That should the aforesaid Saxton street be improved during the time that said switch shall be upon said street, then and in that event, said Company shall do all things designated by the proper authorities to be done in and about said switch without expense to the City of Canton. Sec. 2. This grant shall not be binding upon the City of Canton, unless the said The Stark Brewing Company accept the terms of the same in writing- Sec. 3. This ordinance shall take effect and be in force from and after its passage and; legal publication. Passed September 2, 1902. GEO. W. GOOD, President of the Council. Attest : C. C. LOYD, City Clerk. Published in The News-Democrat September 4 and 11, 1902. 280 REVISED ORDINANCES AN ORDINANCE Authorizing The Home Brewing Company to lay a switch across East Fifth street, at the west side of The Pittsburg, Fort Wayne & Chi- cago Railroad Company. Be it ordained by the Council of the City of Canton, State of Ohio. Section i- That The Home Brewing Company, its successors and assigns, shall have the right, and it is hereby granted to them, to lay down and hereafter maintain a railroad switch or track across East Fifth street at the west side of the tracks of The Pittsburg, Fort Wayne & Chi- cago Railroad Company. Sec. 2. Said Company, its successors and assigns, shall make and maintain along or under said proposed track, suitable drains or gutters for surface water, and shall make and maintain suitable and sufficient crossings where said track shall cross said East Fifth street, the same to be done under the direction of the Board of Public Service. Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication, and the acceptance thereof by said Home Brewing Company, and the payment to the clerk of the cost of publishing the same. Passed September 25, 1905. GEO. H. LEGGETT, President of the Council. C. C. LOYD, Clerk of the Council. Approved September 27, 1905, By VV- H. SMITH, Mayor. Published in the Canton Morning News October 12 and 19. AN ORDINANCE Authorizing the Diebold Safe and Lock Company to lay a switch along Pryer street from the tracks of The Wheeling & Lake Erie Railroad Company. Be it ordained by the Council of the City of Canton, State of Ohio. Section [. That The Diebold Safe and Lock Company, its succes- sors and assigns, shall have the right and it is hereby granted to them to SPECIAL ORDINANCES 281 lay down and hereafter maintain a railroad switch or track upon and along- Pryer street, commencing at a point opposite lot number fourteen hundred and seventy (1470), and thence extending northwardly to Mulberry street. Sec. 2. Said company, its successors and assigns, shall make and maintain along or under said proposed track or switch suitable drains or gutters for surface water, and shall make and maintain suitable and suffi- cient crossings at intersecting streets and alleys, the same to* be done under the direction of the Board of Public Service, and said Diebold Safe and Lock Company shall at all times keep said track or switch in good repair, and shall so lay and maintain same as not to be an obstruction to public travel by vehicles and other conveyances upon said street. Sec. 3. This ordinance shall take effect and be in force from and after its passage and legal publication, and the acceptance thereof by said Diebold Safe and Lock Company, and the payment to the Clerk of the Council of the cost of publishing same. Passed October 20, 1905. GEO. H. LEGGETT, President of the Council. C. C. LOYD, Clerk of the Council. Approved October 25, 1905. By W- H. SMITH, Mayor. Published in the Canton Morning News October 28 and November 4. AN ORDINANCE To provide for the lighting of the railway of The Pittsburg, Fort Wayne & Chicago Railway Company, operated by the Pennsylvania Com- pany, lessees, within the limits of the City of Canton, Ohio, and to repeal certain ordinances. Be it ordained by the Council of the City of Canton, Ohio, as follows : Section 1. That the railway of the Pittsburg, Fort Wayne & Chi- cago Railway Company, operated by the Pennsylvania Company, lessees, within the limits of the City of Canton, Ohio, be lighted by placing electric arc lights of 2000 candle power, each consuming 460 watts per lamp, at the intersection of said track with the middle line of High street, South 282 REVISED ORDINANCES McKinley avenue, South Cleveland avenue, South Market street, South Cherry street, East Eighth street, East Tuscarawas street, East Fifth street, East Fourth street, East Second street, in said city, and that each of the intersections- of said track with Dueber avenue and Marion street, there be placed two gasoline lights, one on each side of side track and on opposite sides of said streets, and at the East North street and Hurford road, each one gasoline light, which shall be of the same style and of the same candle power as those now used by said City of Canton, Ohio. All of said lights to be constructed, supported and suspended in like manner as other lights of the same kind now in use in the City of Canton, Ohio. Sec. 2. Said lights shall be lighted and kept burning according to the schedule for lighting other lights of the same character in the same vicinity, and shall be contracted for and placed in position as above pro- vided by the City of Canton, and an account of the cost of lighting of said lights shall be kept by the city, and. be paid for by the city at regular monthly intervals, and one-half of the cost of such lighting shall be paid by the said The Pennsylvania Company upon presentation to their local agent of a bill for the same. Sec. 3. If, in the opinion of the City Council, better results would be obtained by removing any of the above mentioned lights to a location other than above specified, but not to exceed sixty (60) feet therefrom, then the City of Canton may so remove and re-locate such lights as, in its judg- ment will be best, but such rdmoval and re-location shall not relieve The Pennsylvania Company from liability for its proportion of the cost of such lighting. Sec. 4. That all ordinances and parts of ordinances inconsistent with the provisions of this ordinance and especially an ordinance passed Aug- ust 16, 1897, providing for the lighting of the railway of The Pittsburg, Fort Wayne & Chicago Railway Company, operated by The Pennsylvania Company lessees , within the limits of the City of Canton, Ohio, and re- pealing certain ordinances herein specified, be and the same are hereby repealed. Sec 5. This ordinance shall take effect and be in force from and after its passage and legal publication and written acceptance of the provisions hereof by the said The Pennsylvania Company. Passed March 19, 1900. SPECIAL ORDINANCES 283 Canton, Ohio, March 23rd, 1900. The Pennsylvania Company hereby accept the terms and conditions of the foregoing ordinance. THE PENNSYLVANIA RAILWAY COMPANY, By W. H. Oliver, Agent. AN ORDINANCE Granting to the Canton Light, Heat and Power Company the right to construct, maintain and operate an electric lighting works or system in the City of Canton, Ohio, and prescribing the terms and condi- tions upon which the grant is made ; and to repeal an ordinance therein mentioned. Whereas, The Canton Light, Heat and Power Company is organ- ized and incorporated under the laws of the State of Ohio for the purpose of supplying electricity for power purposes, and for lighting the streets and public and private buildings in said City of Canton, and for other purposes, and Whereas, Said Company proposes to acquire by purchase, lease or otherwise, the electric lighting works and system of The Canton Electric Light and Power Company, now established in said city. Section 1. Be it ordained by the Council of the City of Canton, Ohio, subject to the terms and conditions hereinafter set forth, when this ordinance shall have been passed, and ten days legal publication thereof made, as provided for in section 1694 and 1695 of the Re vised Statutes of Ohio, that the right is hereby granted to said The Can- ton Light, Heat and Power Company, the grantee, and its successors and assigns, forever, to maintain and operate the electric lighting works and system comprising poles, wires and other property now existing in said city, after it shall have acquired the same by purchase, lease or otherwise, from The Canton Electric Light and Power Company, and also the right to extend said system from time to time upon other streets, alleys, and public places in said city, provided, however, it shall not set any addi- tional poles for the extension of such system without the consent of the standing committee on lights of the City Council ; or by consent of the City Council by resolution duly passed for that purpose 284 REVISED ORDINANCES Sec. 2- The grantee under this ordinance shall, as soon as possible after its passage and publication, acquire said existing lighting system, and until it shall have acquired the same, shall exercise none of the rights granted hereby, and shall thereafter maintain and operate said system with all extensions and additions made from time to time thereto in a thorough and efficient manner. First — All poles erected under this ordinance shall be securely planted in the ground at such place or places as said standing committee on public lights may direct, and shall be well finished, painted and sub- stantial in every respect, with wires tightly stretched from pole to pole throughout the entire system ; and all poles, wires and other fixtures shall be kept safe, secure and in good repair. Second — The height of poles shall be determined by said standing committee on public lights, but no pole shall be less than thirty feet high from the ground. Third — The grantee shall put the streets, alleys and sidewalks in which it may do work in as good condition, as nearly as possible, as they were before such work was commenced, and shall do so to the satisfaction of the City Council. Fourth — The grantee shall be liable to private property owners for any injuries done their property by the grantee in constructing, maintain- ing or operating its system, and shall protect and indemnify the City of Canton, from any loss or damage because of this grant, or because of any work done by the grantee under its provisions. Fifth — The City of Canton shall have the free right and privilege of using any of the poles of the grantee now or hereafter erected for its fire alarm, fire attachments and police patrol purposes. Sec. 3. That the said grantee with the approval of the City Council may grant the use of all or any of its poles now erected or hereafter to be erected under the terms of this ordinance, to any other electric light or power company which may hereafter desire to use such poles for the purposes authorized by this ordinance, provided that such new company or companies pay or agree to pay and secure to the satisfaction of said grantee for such use, such compensation as said grantee and such new company or companies, may agree upon. SPECIAL ORDINANCES 285 Sec. 4. This ordinance shall not be construed as preventing the City Council from establishing, maintaining and operating an electric lighting system of its own upon or along any of the streets and alleys of said city. Sec. 5. That the City of Canton shall not be liable to said grantee, its successors and assigns for any damages caused by fire or by the con- structions of sewers or other City improvements by the City, and the grantee, its successors and assigns shall conform its works and system to any such improvements from time to time made by the City. Sec. 6. That the above conditions, terms and provisions, and each of them shall be binding upon the grantee company, its successors and assigns, so long as it or they exercise any of the rights or privileges, granted by this ordinance, and any violations of said conditions, terms or provisions on the part of the grantee, its successors or assigns, shall en- title the City of Canton to a forfeiture of the grants herein contained as against said grantee, its successors or assigns, at the option of said City of Canton. Sec. 7. This ordinance shall take effect and be in force from and after its passage and legal publication, but no rights shall be exercised under it until the grantee company shall have filed with the City Clerk a written acceptance of the same, and shall have paid the costs of publication ; and the ordinance entitled "An Ordinance Granting to the Canton Light, Heat and Power Company the right to construct, maintain and operate an electric lighting works or system in the City of Canton, Ohio, and prescribing the terms and conditions upon which the grant is made," passed October 15th, 1894, be and the same is hereby repealed. Passed October 29, 1894. 286 REVISED ORDINANCES AN ORDINANCE Granting The Citizens Heat, Light and Power Company, its successors and assigns, the right to lay, operate and maintain a system of pipes through and under the streets, lanes, alleys and public places of the City of Canton, Ohio, and to erect and maintain poles and wires and other necessary appliances along and upon said streets, lanes, alleys and public places, for conveying and supplying heat, light and power to said city and its inhabitants. Be it ordained by the Council of the City of Canton, Ohio, as follows : Section i. That for and during the period of twenty-five years from the passage of this ordinance the right is hereby granted to the Citizens Heat, Light and Power Company, its successors and assigns, to manu- facture, sell, distribute, deliver and dispose of steam or hot water and electricity, within the City of Canton, Ohio, for the purpose of heating and supplying electricity for power and lighting purposes to buildings and other places within said city, and for any other purpose for which steam or hot water or electricity may prove to be adapted ; and for this purpose, the right is hereby granted the said The Citizens Heat, Light and Power Company, its successors and assigns, to enter upon and construct, lay, operate and maintain in the streets, lanes, alleys and public places of said city, a system of pipes with all necessary branches, cut-offs, man-holes and other equipments, and to erect and maintain lines of poles and wires and other necessary apparatus along and upon the streets, lanes, alleys and public places of said city, and to re-enter upon such streets, lanes, alleys and public places froin time to time as may be necessary for the maintenance, operation, repair and renewal of such system and pole lines, or any portion of the same, provided that the authority, right and permis- sion herein granted shall be exercised in such manner as to do no un- neccessary injury or damage to such streets, lanes, alleys and public places, and provided further that such authority, right and permission shall be exercised subject to the restrictions contained in this ordinance as herein- after contained, and provided further that the right is hereby reserved to said city to regulate, at intervals of not less than five years, the prices which may be charged for such heat and power- SPECIAL, ORDINANCES 287 Sec. 2. That all such pipes, mains, sub-mains, and other equipments necessary for the transportation of heat, for the purposes aforesaid, shall be of standard weight and quality, and shall be properly and securely laid and buried in the ground, and all poles located and wires strung, for the purposes aforesaid, shall be under the supervision and direction of the Board of Public Service of said city, and such supervision and direction shall include both the original construction of said system of pipes and pole lines, as well as the repairs or removal of the same. Sec. 3. That all service pipes shall be carried to the lot line of prop- erties to be supplied with heat by the said grantee, its successors and assigns, who shall not claim or exercise any exclusive right in the matter of furnishing equipments, plumbing, etc., for buildings to be supplied with heat, but all such equipments and plumbing from the lot line to and in the buildings to be heated, shall be furnished and performed by such persons or company as the owner or owners of the property may employ; but the plans and specifications for such equipments shall conform to the plans and specifications adopted by the said grantee, its successors and assigns, copies of which plans and specifications, so adopted, shall be kept on file at the office of the said grantee, its successors and assigns, and shall, at all reasonable hours be open to the inspection of persons desiring to in- spect the same, and said work shall be subject to inspection by inspectors for said grantee, its successors and assigns, and shall be subject to their approval, and it shall be the duty of all plumbers and steam fitters, before making connections with the steam main or steam service pipes in any building, to first obtain the consent in writing from said grantee, its successors and assigns, to make such connections, and that upon the completion of said work the same be duly reported to the said grantee, its successors and assigns, for inspection and approval. That the station for the generating of steam or hot water and electricity to be distributed and sold, as herein provided, shall be located and maintained throughout the term of this grant, not nearer the public square of said city than a dis- tance of one thousand feet. Sec. 4. That before said system of pipes or pole lines shall be con- structed on any street, lane, alley or public place in said city, said grantee, its successors and assigns, shall submit to the Board of Public Service of said city a plan of the same, showing as nearly as practicable the pro- 288 REVISED ORDINANCES posed location of said pipes and poles and other appliances, which said plan shall remain on the file in the office of said Board of Public Service for public inspection, and shall be approved by said Board before any work shall be done on any street, alley or public place. Sec. 5. That all such poles shall be straight and neatly painted, and the wires strung thereon shall in no case approach nearer than thirty feet of the surface of any street, lane, alley or public place or private driveway over or along which said line may pass, and the said City of Canton shall be permitted to place and maintain on the top cross arm of any or all such poles, the police and fire alarm wires of said city, without charge, pro- vided, the same shall be so placed and maintained as not to interfere with the use of the wires of said grantee, its successors and assigns, and pro- vided further that said grantee, its successors and assigns, shall construct and maintain underground wires and other apparatus for containing, pro- tecting and operating said wires in the streets, lanes, alleys and public places of said city within the following boundaries, to-wit: On the north by the north line of Fourth street ; on the east by the east line of Walnut street; on the south by the south line of Eighth street and on the west by the west line of Cleveland avenue, and that within said boundaries no poles shall be erected or maintained, except such poles as may be required for the purpose of distributing wires from the subways and stations to sub- scribers and consumers, and all such poles shall, so far as possible, be located in the alleys of said city, provided further that all such streets, lanes, alleys and public places interfered with by such system of pipes and the erection of such poles shall without unnecessary delay be restored to their former condition, and that the work so to be done shall be done under the supervision and direction of an inspector to be ap- pointed by the Board of Public Service of said city, and to be paid by said grantee, its successors and assigns, and said work shall be done to the acceptance and approval of the City Engineer of said city. Sec. 6. That said grantee, its successors and assigns, on entering upon any such streets, lanes, alleys or public places, for the purpose of constructing or repairing any portion of said system of pipes or pole lines, shall prosecute the work with due diligence and shall close all trenches or holes as soon as possible after the work progresses, leaving all such streets, lanes, alleys and public places at the same grade and in the same SPECIAL, ORDINANCES 289 condition as the same may be found by them at the time of such entry, and such work shall be done so as to interfere as little as possible with the public use and travel upon such streets, lanes, alleys and public places. Sec. 7. That said grantee, its successors and assigns, shall be liable to private property owners for any injury done by them to their propert}' in constructing, maintaining or operating said system of heating and supplying electricity for power and lighting purposes, and shall protect and indemnify the said City of Canton from any loss or damage because of this grant, or because of any work done by them under its provisions. Sec. 8. That said grantee, its successors and assigns, shall not inter- fere in any manner with the rights, privileges, franchises or property of any other person or corporation now owning or operating, or who may hereafter own or operate, any system of gas pipes, water pipes or sewers in said city, or with the operation of any telegraph, telephone or electric light lines in said city, and nothing in this ordinance shall be constructed to give exclusive right or privilege to said grantee, its successors and assigns. Sec- 9. That nothing contained in this ordinance shall in any wise release or relieve said grantee, its successors and assigns, from a due com- pliance with all the ordinances of said city relating to the use of the streets, lanes, alleys and public places of said city, for the purposes men- tioned in this ordinance, now in force or which hereafter may be adopted by the City Council of said city. Sec. 10. That the prices to be charged per season for heating by hot water radiation and steam respectively during five years succeeding the passing of the ordinance of November 25th, 1904, within the cor- porate limits of said city shall be as follows : For hot water radiation not to exceed twenty cents per square foot of radiating surface ; for steam radiation not to exceed thirty-five cents per square foot of radiating sur- face, or, if measured by water condensation, then not exceeding sixty cents per thousand pounds of water condensed, the right to use and exercise of either or both of which methods of measurement being hereby given said grantee, its successors and assigns, provided, however, that this shall not prevent said grantee, its successors and assigns, and any consumer agreeing to or contracting for the use of meters or other meas- uring instruments or appliances for ascertaining or measuring the amount of radiation. 290 REVISED ORDINANCES ,Sec. ii. That within a period of two (2) years from the date of this ordinance, said The Citizens Heat, Light and Power Company, or its successors or assigns, shall do and perform or cause to be done and per- formed, the matters and things following: First — Erect or establish, or cause to be erected or established, within the corporate limits of said City of Canton and at the distance from the square of said city, as hereintofore provided, and have in practical opera- tion, a plant of such capacity as shall be sufficient to carry out fully and to all intents and purposes, the provisions of this grant, that is the estab- lishment, maintenance and operation of a plant for the purpose herein specified. Second — Shall within said time, lay and construct the pipes for said steam or hot water heating system, in, through and under the streets, lanes, alleys and public places in said city, including mains and laterals for a distance of not less than two (2) miles. Third — Shall within said time cover not less than five miles of the streets, avenues, alleys or public ways of said city, with electrical wires and poles or underground construction. Sec- 12. As the demands of the public and citizens may require and justify said grantee, its successors or assigns, shall from time to time increase the capacity of said plant and the number of miles of pipe for steam or hot water heating and the number of miles of electrical wiring for the purpose of furnishing heat and electricity under the terms and provisions of this ordinance ; and upon the failure of said grantee, its successors and assigns, to do and perform the matters and things herein- before specified, providing such nonperformance is caused by the neglect, default or refusal of said grantee, its successors and assigns, to do so, then all rights and privileges hereunder granted, shall cease and deter- mine at the option of said City of Canton. Sec. 13. Before entering upon the work herein provided for, the said grantee, its successors and assigns, shall execute a bond to the said City of Canton in the penal sum of ten thousand dollars to be approved by the Board of Public Service of said city, conditioned that the said grantee, its successors and assigns shall pay to the said City of Canton all injuries, damages, charges, judgments and other necessary expenses that may accrue to said city by reason of the failure of said grantee, its SPECIAL ORDINANCES 291 successors and assigns, to properly replace any pavement, street, alley or other public places in said city, disturbed by them in the construction of said work, and conditioned to have said city harmless from any injury to person or property by reason of its use, occupancy or obstruction of said pavements, streets, alleys or other public places in said city by said grantee, its successors and assigns, and said bond shall be in full force and effect for the full term of two years from and after signing and delivery thereof, and renewable on demand of said city council at such times as it may deem it necessary, payable to said City of Canton, the form of which bond shall be approved by the City Solicitor of said city. Sec. 14. That this ordinance shall take effect and be in force from and after its passage and legal publication, and the filing of an uncondi- tional acceptance thereof by the said The Citizens Heat, Light and Power Company, in the office of the Clerk of Council of said city, and the pay- ment of the costs and the publishing of this ordinance as required by law, but the acceptance herein provided for must be filed within ten days after the passage of this ordinance. Passed November 23, 1904. GEO. H. LEGGETT, President of the Council. WILLIAM WAGNER, Clerk of the Council, Pro Tern. Approved November 25, 1904. By W. H. SMITH, Mayor. Published in the Evening Repository December 1 and 8. Unconditional written acceptance of Franchise by the Company, filed with the City Clerk, November 27, 1904. AN ORDINANCE To authorize the Canton Gas Fuel Company, its successors and assigns, to lay and maintain pipes in streets, avenues, alleys and public grounds in the City of Canton, Ohio, for certain purposes, under the condi- tions herein stated. Section 1. Be it ordained by the Council of the City of Canton, That permission be and is hereby granted to the Canton Gas Fuel Company, 292 REVISED ORDINANCES its successors and assigns, to lay and maintain pipes in the streets, alleys and public grounds of the City of Canton, for the purpose of supplying natural or other gas for heating purposes to the manufactories and public and private buildings in said city, upon the terms and conditions herein- after expressed. Sec. 2. Said Company shall, within two years, or as soon thereafter as said Council shall direct, commence the laying of main or lateral pipes in such streets, lanes, alleys and public grounds, and shall prosecute said work with diligence and dispatch. Sec. 3. All private buildings and manufactories along the line of said main or lateral pipes shall be furnished with said gas for heating pur- poses at a uniform price, and all public buildings belonging to said city, and abutting upon streets or public grounds along which said main or lateral pipes shall be furnished with said gas for heating purposes, when- ever so required, at a price at least ten per centum below the schedule rates for private use. Sec. 4. All pipes shall be laid under the direction and supervision of the Council, in accordance with such plans and rules as the Council may from time to time prescribe. Sec. 5. Said Company shall, at its own cost and expense, relay any pavement taken up or removed, and shall so lay its pipes as not to interfere with the gas, water or sewerage of said city, and in case any damage or injury is done to any public or private property by said Company, it shall make full compensation therefor, but the said City of Canton shall in no case be liable to said Company for any injuries caused by improving its streets, avenues, alleys and public grounds. Sec. 6. That the City of Canton shall not be held liable to said Company for damages said Company may incur from the breakage of any sewers or water pipes, or for any delay caused by the construction of sewers, the laying of water or gas pipes, or necessary repairing of same, or from other delay or damage that may be caused by fire or otherwise. And all rights vested in the City Council, the Water Works Board of Trustees, or gas, gasoline and electric light companies, in respect to the rare and improvements of the streets and alleys, the construction of sew- ers, culverts or drains, and the laying of water or gas pipes therein, are in no way affected or impaired by any privileges herein granted to said SPECIAL ORDINANCES 293 Company. And said Company shall be liable for any loss or injury that ariy person may sustain by reason of the negligence or misconduct of said Company, by or through its agents, servants or officers, or either of them in the management, construction or use of its pipes and plant, and said Company shall indemnify and hold the city harmless from damages that may be claimed by property holders, or by any person or persons, on account of the laying of such pipes, or conducting through same any explosives of whatever kind in the use of the same. Sec. 7. This ordinance shall take effect and be in force from and after its passage and legal publication thereof. Passed May 17, 1886. AN ORDINANCE To regulate the price of gas and the rental of gas meters furnished to the citizens, public buildings and grounds of the City of Canton, Ohio. Be it ordained by the Council of the City of Canton, Ohio, as follows : Section 1. That for a period of five years from and after the passage of this ordinance, The Canton Gas, Light and Coke Company, or any other corporation, company, association or person engaged in the manu- facturing of gas for lighting purposes, shall have the privilege of using the streets, alleys, avenues, lanes, commons, bridges and public grounds of said City of Canton, for the purpose of laying and maintaining pipes to be used for conveying gas for lighting purposes, together with the right to dig and excavate in any or all of such streets, alleys, avenues, lanes, commons and public grounds for the purpose of laying and maintaining pipes and other appliances required to convey gas to consumers thereof as said council of the City of Canton may designate, and under such ordi- nances, directions, rules and regulations as said Council may pass, and may charge for gas, which shall be of not less than sixteen candle power, furnished to the public buildings and grounds and to the citizens or pri- vate consumers of said City of Canton, at a price not exceeding one and twenty one-hundredths dollars (1.20) for each one thousand cubic feet of gas so furnished and that from said price of one and and twenty one- hundredths dollars ($1.20) per thousand cubic feet a discount at the rate 294 REVISED ORDINANCES of twenty cents per thousand cubic feet shall be made on all bills on or before the ioth day of each month for gas consumed during the pre- ceding months, providing payment is made on or before the ioth day of each month for gas consumed during the preceding months, making a net price of such gas per thousand cubic feet, providing payment is made as above stated at One dollar ($1.00); and said The Canton Gas Light & Coke Company or any other corporation, company, association or person engaged in manufacturing gas for lighting purposes, as above stated, shall in no event during said term of five years, charge more for gas furnished to such public buildings, grounds or individuals than prices herein specified. Sec. 2. All gas bills shall be due and payable on or before the ioth day of each month for gas consumed during the preceding month. Sec. 3. No rent whatever shall be charged for gas meters to either the public or private consumers ; Privided, however, that if the amount of gas consumed through any one meter shall amount to less than twenty- five cents in value per month for two consecutive months at the rate aforesaid, in that event a rental of twenty-five cents a month may be charged in lieu of the charge for gas consumed. Sec. 4. This ordinance shall take effect and be in force from and after its passage and legal publication and the acceptance in writing of the conditions and terms thereof by said The Canton Gas Light & Coke Company, or such other corporation, company, association or person en- gaged, or who may hereafter be engaged in the manufacture of gas for lighting purposes in said City of Canton, and who desire to accept the provisions thereof, which acceptance shall be filed with the Clerk of said city of Canton, Ohio. Passed April 15, 1901. A. H. ECKHARDT, President of the Council. Attest: LOUIS N. LEY, City Clerk. SPECIAL ORDINANCES 295 AN ORDINANCE Granting to The East Ohio Gas Company, its successors and assigns, the right to lay, bury, maintain, operate, repair and remove mains and pipes in, through and under the streets, lanes, alleys and public grounds of the City of Canton, Ohio, for the transportation and supply of natural gas to said City and its inhabitants. Be it ordained by the Council of the City of Canton, Ohio, as follows : Section r. That The East Ohio Gas Company, its successors and assigns, are hereby granted the right to enter upon the streets, lanes, alleys and public grounds of the City of Canton, Ohio, and to dig trenches, and lay and bury therein, and maintain, operate, repair and remove mains and pipes of standard weights and quality and of such sizes as the said Company shall think best for the transportation and supply of natural gas to the said City and to all persons, firms, corporations, limited partner- ships and associations residing or doing business in said City, together with the right to construct and maintain, repair and remove all neces- sary regulators, valves, curb boxes, safety appliances, etc. Sec. 2. That all work done in and upon any of the streets, lanes, and alleys of said City of Canton under and in pursuance of the provisions of this ordinance, either in the original construction or making of repairs, or removal of pipes, shall be done under the direction and supervision of the City Civil Engineer, and all trenches and ditches shall be dug, and pipes laid therein, and the trenches or ditches closed and paving replaced in the shortest possible time in which the same can be done with skillfulness and safety, and all pavements, sidewalks or other improvements interfered with shall be replaced in as good and substantial condition as before such interference ; and such work shall be done so as to interfere as little as possible with the public use and travel upon said streets, lanes and alleys and in the work of the original construction said company shall employ for unskilled labor only residents of the City of Canton, Ohio, in so far as practicable. All service pipes to be placed and located at such points and locations as will meet the approval of the owner of the property whose premises are to be connected by service pipe. 296 REVISED ORDINANCES All pipes to be laid with reference to the present surface grade of the streets, lanes, alleys or public grounds upon which the same may be placed, and in case the grade of such streets shall be hereafter changed said The East Ohio Gas Company shall cause its said pipes to' be taken up and relaid in conformity to such changed grade and shall not be en- titled to any compensation or damages by reason of such change of grade. In case said The East Ohio Gas Company shall fail to refill any ex- cavations made by it or fail to repave in the construction, removal or re- pair of its said line or lines, or shall fail or neglect to make any repairs or repaving that may have been made necessary by reason of the construc- tion or repair of its said line or lines, the said City of Canton may, after notice having been first given to said company at its office in the City of Canton, Ohio, make such repairs and do such repaving and the cost and expense thereof shall be paid to the city by the said The East Ohio Gas Company, its successors or assigns. In the construction, maintenance and repair of any of said pipes or lines the said The East Ohio Gas Company shall comply with all existing ordinances of said city as to placing lights and danger signals and shall be liable for any damage that may arise by reason of their failure or neglect to comply with such ordinances. And the City Council may appoint not more than two competent persons as inspectors to supervise the repaving made necessary by the construction of the mains in and through the paved streets and alleys and the said company shall pay the said inspectors three dollars per day for the time actually engaged in said supervision. Sec. 3. The said The East Ohio Gas Company, its successors and assigns, shall protect, keep and save harmless the City of Canton, Ohio, from all damages, loss, cost and expense arising from any accident, leak or explosion during the construction, maintenance and operation of its said lines in the streets, lanes, alleys and public grounds of said city. Sec. 4. The said company, its successors and assigns, shall not inter- fere in any manner with the rights, privileges, franchises or property of any other person or corporation now owning or operating, or who may hereafter own or operate any system of pipes for the transportation or distribution of artificial or natural gas in said city, or with the water pipes or sewers of said city, or with the operation of any street railway, and nothing in this ordinance shall be construed to give any exclusive right or privilege. SPECIAL ORDINANCES 297 Sec. 5. The said company shall at all times, be subject to and ob- serve all reasonable regulations and conditions which the city may here- after ordain, as to the use, maintenance and operation of said system of pipes for the due protection of the inhabitants of the city. Sec. 6. The following are fixed as the medium rates at which said company shall at any time during the period of ten years next ensuing the passage of this ordinance, be required to furnish natural gas to the citizens and public buildings of said city. During the first five years after the passage of said ordinance, twen- ty-five cents for each one thousand cubic feet of gas sold and delivered in case said gas is paid for on or before the tenth day of the month fol- lowing that in which the gas was delivered ; and twenty-seven cents for each one thousand cubic feet of gas sold and delivered in case the same is not paid for until after the tenth day of the month following that in which the gas is so sold and delivered. And after the expiration of five years from and after the date of the passage of this ordinance, thirty cents for each one thousand cubic feet of gas sold and delivered, providing said gas is paid for on or before the tenth day of the month following that in which said gas is so sold and delivered, and thirty-two cents for each one thousand cubic feet of gas so sold and delivered in case said gas is not paid for until after the tenth day of the month following that in which said gas is so sold and delivered, and the said company shall, for the period of ten years from and after the passage of this ordinance charge and receive for all gas furnished any citizen or citizens, public building, corporation, company or association, a sum not to exceed the said min- imum rates hereinbefore set forth, and the said company shall make a re- duction of ten per cent for all gas furnished to the City Buildings, Public School Buildings, Churches, Aultman Hospital and Public Library, from the rates charged to other consumers of gas using it in buildings in a similar manner. And the Councils of the City of Canton shall not, during the period of ten years from and after the passage of this ordinance, pass any ordinance fixing, or attempting to fix, the rates at which gas shall be supplied, at any lower price' than these set forth. Sec. 7. The East Ohio Gas Company shall commence within thirty days from and after the acceptance of this ordinance, to lay mains and pipes in the streets of the City of Canton, Ohio, and shall, within four 298 REVISED ORDINANCES months thereafter, have laid at least twenty miles of mains and pipes within the streets, lanes and alleys of said city. And said company shall not, between the first day of January and the first day of April in any year, lay any main in any of the paved streets of said city, except as the same may be necessary for the purpose of repair. The said East Ohio Gas Company shall, within four months from the passoge of this ordinance, furnish to the City Civil Engineer a cor- rect chart, showing the location of their main and lateral pipes within the City of Canton, and shall from time to time thereafter, as may be requested by the City Civil Engineer, furnish such additional chart or charts or corrections to former charts as may be requested by such En- gineer. Sec. 8. The provisions of this ordinance shall bind The East Ohio Gas Company, its successors and assigns, but the rights, privileges and franchises hereby granted shall not be transferred or assigned until after said company shall have their said lines in operation, and shall have begun supplying gas to customers in the City of Canton, Ohio. Sec. 9. The East Ohio Gas Company shall, within ten days after the passage of this ordinance, file with the City Clerk of the City of Can- ton, Ohio, its written acceptance over its corporate seal, signed by its president and secretary thereof, of the terms and provisions of this ordi- nance, and shall also file with the City, Clerk a bond with sufficient surety, to be approved by the City Council,, in the penal sum of Ten Thousand ($10,000) dollars, to be renewed on demand of the City Council at such times as it may deem it necessary, payable to the City of Canton, Ohio, the form of which bond shall be approved by the City Solicitor. Said bond shall be conditioned that said company will fully protect, indemnify and save harmless the city from any and all actions, damages, losses, costs, charges and expenses of every kind made, suffered or in- curred in any manner by reason of, or in consequence of, arising from, or connected with, the use and occupation of any such streets, alleys, lanes or public grounds in said city, or resulting from the excavation of any street, lane, alley or public ground, or any material therein, or any work therein, or from the use. effect or explosion of gas in any of the mains or pipes alter the same are laid, or by any other reason connected with the Operating thereof, or if in ease any expense shall be incurred by the SPECIAL ORDINANCES 299 city by reason of the abandonment or removal of any pipes or fixtures of any kind, and in case the city shall be compelled to pay any person or persons, corporations or co-partnership for any loss or injury, or damage to any person or property, the same shall be fully paid or reimbursed to said city by said company, with all the costs and expenses connected therewith or arising therefrom, and the sum so paid shall be conclusive upon said company, and said company shall save the city harmless from the payment of any judgment rendered on any claim described in this section, and shall be further conditioned that it will keep and comply with all of the terms, requirements and conditions of this ordinance. Sec. 10. Should the said The East Ohio Gas Company, its suc- cessors and assigns, fail, neglect or refuse to comply with any of the provisions of Section 7 of this ordinance, or fail, neglect or refuse to supply gas to consumers within the City of Canton within six months after the passage of this ordinance, unavoidable delay alone excepted, or should fail to give bond provided for in the next preceding section, or fail to file their written acceptance of this ordinance as hereinbefore stated, then the rights, privilege and franchise hereby granted shall be forfeited and the same become null and void, at the option of the City Council. Sec. 11. This ordinance shall take effect and be in force from and after its passage and legal publication. Passed September 20, 1898. Know all men by these presents, That The East Ohio Gas Company, a corporation organized under the laws of the State of Ohio, has accepted and by these presents does accept all of the terms, conditions and provi- sions of an ordinance passed by the City Council of the City of Canton, Ohio, on the 20th day of September, A. D., 1898, entitled "An Ordinance granting to The East Ohio Gas Company, its successors and assigns, the right to lay, bury, maintain, operate, repair and remove mains and pipes, in, through and under the streets, lanes, alleys and public grounds in the City of Canton, Ohio, for the transportation and supply of natural gas to said city and its inhabitants," which said ordinance was duly approved on the 20th day of September, A. D., 1898. 300 REVISED ORDINANCES In witness whereof, The East Ohio Gas Company, by resolution of its Board of Directors, has hereunto caused its corporate seal to be af- fixed and the same to be attested by its President and Secretary on the 22nd day of September,- A. D., 1898., THE EAST OHIO GAS COMPANY, Attest : By E. Strong, President. [Seal] H. M. Sweeney, Secretary. AN ORDINANCE Granting certain rights to The American Rapid Telegraph Company. Whereas. The American Rapid Telegraph Company, a corporation of the State of New York, own and operates a telegraph line through the City of Canton, and desires for the purpose of locating an office near the center of said city and carrying on its business and affording greater facilities to the citizens of said citv for telegraphic communication, to erect a line of poles from its present office at the Connotton Valley Rail- way depot and across the streets and alleys of said city to the central portion of said city. Therefore, Section 1. Be it ordained by the City Council of the City of Canton, That said American Rapid Telegraph Company, for the purpose afore- said, shall have the right, subject to the restrictions and conditions here- inafter set forth, to erect poles along Fifth street in said city from Saxton street to Court street, and then from the intersection of said two streets south along Court street to the building at the southwest corner of said Court and Tuscarawas streets ; and it shall have the right further to string its wires on said poles and maintain and operate its telegraphic line along said route. The poles to be erected by said Company shall be good, large, substantial, and neat telegraph poles of cedar or some other suitable wood and they shall be located and planted in the earth so as to interfere in the least possible manner with the general public use of said streets and their appearance. Said poles shall also be painted. Sec. 2. Said Company shall exercise said rights and privileges under the direction and supervision of the Standing Committee of said Council on streets and alleys. A failure of said Company, or its successors, to SPECIAL ORDINANCES 301 prosecute its said business within a reasonable time, or failure to comply with the requirements hereof, shall operate as a forfeiture of the privileges hereby granted. Sec. 3. The Council reserves the right to said city to place upon said poles such wires as may be necessary for the purpose of operating a fire alarm system. Sec. 4. This ordinance (upon said Company filing its written ac- ceptance of the terms thereof with the City Clerk) shall take effect and be in force from and after its passage and legal publication. Passed March 19, 1883. AN ORDINANCE To grant the Western Union Telegraph Company the right to maintain its poles and lines in the streets, alleys and public ways of the City of Canton, State of Ohio, on the terms and conditions herein stated. Section 1. Be it ordained by the Council of the City of Canton, Ohio, that the Western Union Telegraph Company, its successors and assigns are hereby authorized for the period of ten years, to> erect and maintain on Seventh and Piedmont streets, the poles and fixtures and wires necessary for the purpose of supplying the citizens of said city and to the public, communication by telegraph or other improved electrical device, such use to be and continue on the terms and conditions herein- after stated. Sec. 2. The location of poles and lines now in use is hereby ap- proved ; and the location of poles and lines hereafter to be erected upon the streets above mentioned, or upon any other of the streets, alleys and public ways of said city, and any change in location of the poles ancf lines now in use, or extension thereof shall be with the consent of and subject to the direction and control of the Council of said City. Sec. 3. Said poles shall be good, straight and substantial and shall be of the kind ordinarily used in cities for telegraph purposes. They shall be securely planted in the earth, shall be kept neatly painted, and shall, so far as practicable, be placed at the projection of property lines and beyond the curb lines, so as not to interfere with business and travel, 302 REVISED ORDINANCES and at all times in such location as not to interfere with or obstruct any ditch, sewer, gutter or drain. In case the City of Canton should here- after, in the construction of sewers or catch-basins, or the making of any improvement whatever, require the removal of any pole or poles, said company, its successors and assigns, shall upon notice, remove the same to a location that will not interfere with any of said improvements, and the said city will not be responsible for any damage or delay which may be caused to the said company, its successors or assigns, by the neces- sary disturbance of any of its poles or wires in the construction of any improvement. Sec. 4. Said poles and wires shall be placed and maintained so as not to interfere with travel on said highways, and said Company shall hold said City free and harmless from all damage arising by reason of any abuse of said company. This grant is made, and is to be enjoyed, subject to such reasonable regulations and ordinances of a police nature, as said Council of said City has authorized and sees proper, at any time, to adopt, not destructive to the general rights herein granted. Sec. 5. The right of use herein given shall not be exclusive and the Council of said City reserves the power to grant a like right of way to any other telegraph company ; the same however not to interfere with the reasonable and proper exercise of the privileges herein granted. Sec. 6. In consideration whereof, said Western Union Telegraph Company shall, and by the acceptance of this ordinance does, agree to allow the Council of said City to attach at any time to the top cross-arm of any of said poles where practicable the municipal fire alarm and police wires, and to use said poles whenever it may be desired for the purpose of placing thereon fire and police alarm boxes, and said poles are hereby made a municipal instrumentality for that purpose; provided, however, said attachments shall be so made as not to interfere with said Company's use ; and the attachment of said fire alarm and police wires shall be made and maintained under the direction of said company's manager in said City of Canton, ( )hio. Sec. 7. This ordinance shall take effect on and after its passage and legal publication and the filing by said Western I nion Telegraph Com- pany of an unconditional acceptance thereof in the office of the City Clerk of said Citv of Canton, Ohio, and the payment by said company of the cost of publication of this ordinance. SPECIAL ORDINANCES 303 Sec. 8. That whenever said company ceases to operate a telegraph line in said City of Canton, Ohio, and ceases to use said poles and lines herein provided for in the operation of its line of telegraph, then said company shall, if requested by the Council so to do, remove said lines and poles from the streets and alleys of said city within sixty days from the date of such notice. Sec. 9. All ordinances, and parts of ordinances, orders and resolu- tions upon the subject of telegraph poles, wires, etc., of previous date, in so far as the same relate to the Western Union Telegraph Company, are hereby repealed and annulled. Passed March 28th, 1892. AN ORDINANCE An ordinance granting a franchise along certain streets of the City of Canton, Ohio, to The Postal Telegraph-Cable Company. Section 1. Be it ordained by the Council of the City of Canton, Ohio. That the Postal Telegraph-Cable Company, its successors and assigns, be, and they are hereby permitted for a period of twenty-five years upon the terms and conditions herein mentioned, to construct and maintain telegraph wires and poles upon and along the following streets of said City to-wit : Entering the City on Cedar street at Harrison avenue, east on Cedar street to South Court street, thence north on South Court street to Reynolds street, thence east on Reynolds street to Piedmont street, thence north on piedmont street to Tuscarawas street, thence east on the north side of Tuscarawas street to Rex street, thence north on Rex street to Hiram street, thence upon the part of Rex street which lies between lots Nos. 3690 and 3691 in G. W. Lawrences' addition to Canton, Ohio, to Lake street, east on lake street to the eastern limits of said city, also upon the following route from the corner of Cedar street and Harri- son avenue to Bridge street, thence east on Bridge street to the Wrought Iron Bridge Works in said city. Sec. 2. The said poles shall be good, straight and substantial, and shall be of the kind ordinarily used in cities for telegraph purposes. They shall be securely planted in the earth, shall be first neatly painted and shall 304 REVISED ORDINANCES be so far as practical placed at the projection of property lines, and be- yond the curb lines so as to interfere as little as possible with business and travel and at all times in such locations as not to interfere with or obstruct any ditch, sewer, gutter or drain. In case the City of Canton should hereafter in the construction of sewers or catch basins or the making of any improvement whatever, require the removal of any poles or pole said Company, its successors or assigns, shall upon notice remove the same to a location that will not interfere with any of said improvements- and the City will not be responsible for any damage or delay which may be caused to said Company, its successors or assigns, by the necessary dis- turbance of any of it poles or wires in the construction of any improve- ments. Sec. 3. The City of Canton reserves to itself the right to use any of the poles of the said Company, its successors or assigns, whenever it may be desired for the purpose of placing threon its fire alarm or police tele- graph wires or fire alarm boxes. Sec. 4. Should the City at any time during the existence of this franchise require the Postal Telegraph-Cable Company, its successors or assigns, to remove the poles supporting the wires and to place the cables in conduits in the district bounded on the north by North street, on the south by South street, on the east by Cherry street and on the west by High and Cassily streets, that the said Postal Telegraph-Cable Company, its successors or assigns, shall comply with said request within six months, after written notice being served upon their local manager. Section 5. If the said company, its successors or assigns, shall violate or fail to comply with any of the provisions of this ordinance, then it shall become by reason thereof null and void. Sec. 6. This ordinance shall take effect and be in force from and after its passage and legal publication and its written acceptance by said Com- pany and the payment by the said Company of the cost of publication of this ordinance. Passed August 14th, 1905. Approved by W. 11. Smith, Mayor, October 1 1 th, 1905. C. C. U )YD, Clerk of Council. GEO. II. LEGGETT, President of Council. SPECIAL ORDINANCES 305 The foregoing ordinance is hereby accepted this 5th day of October, 1905. Signed, The Postal Telegraph Cable Company. By E. W. Col- lins. Attest, R. S. Ingle, Secretary. I hereby certify that the written acceptance by the Postal Telegraph- Cable Company of the foregoing ordinance was duly filed in my office this 10th day of October, 1905. C. C. LOYD, Clerk Council. AN ORDINANCE Granting certain rights to the Midland Telephone Company, and repeal- ing an ordinance entitled "An Ordinance granting certain rights to the Akron Telephonic Exchange," passed March 8th, 1880. Whereas, The Midland Telephone Company, organized and incor- porated under the laws of the State of Illinois as said Midland Telephone Company, and doing business in pursuance of said incorporation, and Whereas, Said Midland Telephone Company contemplates a recon- struction and establishment of a Telephone Exchange in the City of Can- ion, Ohio, and Whereas, Said Midland Telephone Exchange Company has pur- chased such franchises as the Akron Telephonic Exchange Company had within the limits of said city, and said Akron Telephonic Exchange Com- p;ny having disbanded, and for the purpose of assisting said Midland Telephone Company in the reconstruction of the Telephone Exchange and the establishment of a new one, therefore, Sec. 1. Be it ordained by the City Council of the City of Canton, That said Midland Telephone Exchange Company for the purpose of re- constructing the Telephone Exchange now in use in said city, and the establishing of a new system in said Exchange in said city, shall have the right subject to the restrictions hereinafter named, to erect, maintain and use along and upon any of the streets, lanes, alleys and public grounds of said city (except Market and Tuscarawas streets) good, neat, and sub- stantial telegraph poles or posts of cedar wood or of other suitable ma- tcial, which poles shall be securely planted in the earth and so placed and located as to offer the least possible obstruction to business, travel, 306 REVISED ORDINANCES and to the general appearance of the street, lane, alley or public grounds upon which the same may be placed for the purpose of supporting the wires for said exchange. Sec. 2. Said Midland Telephone Company shall exercise the privi- leges hereby granted under the direction and supervision of the Standing Committee upon streets and alleys of the City Council of said City of Canton, and the points of location of said poles shall be determined by said Committee. A failure on the part of said Midland Telephone Com- pany to prosecute its business to completion within a reasonable time after the passage of this ordinance and also a failure to comply with any and all requirements of this ordinance shall work a forfeiture of the rights hereby granted. Sec. 3. That said city through its Council reserves the right to grant similar privileges to any other Telephone Company or individuals whenever requested as are hereby granted to said Midland Telephone Company, the same to interfere in the least possible manner with the proper and successful use of the rights hereby granted to the said Mid- land Telephone Company. Said city further reserves the right to amend this ordinance at any time for the purpose of further regulating the rights granted herein to said Midland Telephone Company. Sec. 4. That the rights hereby granted to said Midland Telephone Company are upon the express condition that said city have the right ro use any and all poles belonging to or used by said Midland Telephone Company in said city for the necessary wires for the purpose of operating and using a system of fire-alarm telegraph. Sec. 5. That this ordinance (upon said Midland Telephone Company filing a written acceptance of the terms of this ordinance with the Clerk of the Council) shall take effect and be in force from and after its passage and legal publication and that an ordinance passed March 8, 1880, enti- tled "An ordinance granting certain rights to the Akron Telephonic Ex- change" be and the same is hereby repealed. Passed October 2nd, 1882. SPECIAL ORDINANCES 307 AN ORDINANCE Agreeing with the Central Union Telephone Company, its successors and assigns, as to the mode of use of the highways, streets, lanes, alleys, and public places of the City of Canton, Ohio, by said Com- pany's telephone lines, and to provide telephone service for the vari- ous departments of the city. Be it ordained by the City Council of the City of Canton, Ohio, as follows : Section I. That the mode of use of the highways, streets, lanes, alleys and public places of said city by the lines of the Central Union Telephone Company, its successors and assigns, is agreed upon and shall be as follows : Sec. 2. The location of the poles, lines and fixtures of said Com- pany as now made for communication by telephone or other electric signals is hereby approved and any change therein or extension thereof shall be made as hereafter provided ; but the location and occupancy of any such line or lines or the location of any such pole or poles, or any support thereof, shall, from time to time, be changed by said company, its successors and assigns, to such other location on the same street, alley or public place as may be directed by the City Council whenever the best interests of the city or public may demand. Said company, its successors or assigns, shall place the ground and pavement in as good order after any such removal or the re-location of any line or pole as the same was at the time of making such change. Sec. 3. Before any pole or telephone line changing or extending the present plant of said company in the City of Canton, shall be erected, the said Telephone Company shall secure a permit from the City Civil Engineer therefor and shall restore all pavements disturbed by the erec- tion of such line or pole to the same condition that they were before the erection was made. Sec. 4. All poles and fixtures now or hereafter erected by said com- pany within the corporate limits of the City of Canton shall forthwith be painted by said company from top to bottom and shall be repainted at least once in every three years thereafter ; not more than ten cross 308 REVISED ORDINANCES arms shall be placed on any one pole, and none of the poles or wires of said company shall be used by any other company without first obtaining the consent of the City of Canton and The Central Union Telephone Company for such use. Sec. 5. All dead poles of said company and any not in actual use shall, upon demand of the City, be removed by said company within sixty (60) days, and upon failure of said company to comply with such demand, as herein specified, the same may be removed by said, City at the expense of said company. Sec. 6. The rights of said company under this agreement are held subject to all the laws of the State of Ohio, and all the police ordinances of said City relating thereto which are now in force or that may here- after be adopted, not destructive of the rights herein granted. Sec. 7. All poles which are to be used and erected by said com- pany under the provisions of this ordinance shall be straight and neatly painted and at points where there is unusual strain shall be stayed in a workmanlike manner; they shall be located and erected under the super- vision of the City Civil Engineer, and where practicable, shall be placed upon the projecting line between lots. The wires shall, in no case ap- proach nearer than thirty feet of the surface of any street, lane, alley, or public place or private driveway over or along which said line, may pass. Sec. 8. It is agreed that said company shall construct and maintain under-ground wires and pipes, conduits and other fixtures for containing, protecting and operating such wires in the streets avenues, alleys and public places of said city; provided that all such streets, avenues, alleys and public places shall be immediately restored to their former condition to the acceptance and approval of the City Civil Engineer; and all such under-ground wires and pipes, conduits and other fixtures shall be so placed and located as not to interfere with any of the water or sewer pipes of said city ; and provided further, that no such conduit or under- ground work shall be begun until said company shall have first made and hied with the City Civil Engineer a map or plat giving the location, plan and specification of the same and such location and plan and specification shall have been approved by the said City Civil Engineer. Set'. 9. That within ninety days after the passage of this ordinance the said Central Union Telephone Company shall file in the office of said SPECIAL ORDINANCES 309 City Civil Engineer of said City of Canton, a map or plat showing the under-ground conduits to be built by said Company, and within ninety (90) days from the date of the approval of said map and plat by said City Civil Engineer; said company shall commence the construction of said conduits, and shall wholly complete the same within eighteen (18) months thereafter ; provided, however, that before said Central Union Telephone Company shall do any of the work provided for in the section, it shall file with the City Clerk of the City of Canton, a bond in the penal sum of Ten Thousand ($10,000) dollars, in favor of the said City of Canton, with sufficient surety or sureties to be approved by the Council of said City, and conditioned that said Central Union Telephone Company shall pay to the said City of Canton all damages, charges, judgments and expenses that may accrue to said city by reason of the failure of said Telephone Company to properly replace any pavement disturbed by it in the course of said work, and said bond shall be in full force and effect for the full term of two years from and after the signing and delivery thereof. Sec. 10. That after the construction of the conduits provided for by the last preceding section of this ordinance, no pole shall be erected or maintained upon the following streets, and all poles now standing thereon shall be removed by said company, namely : On McKinley Avenue from Third Street to Tenth Street. On Cleveland Avenue from Third Street to Tenth Street. On Market Street from Third Street to Tenth Street. On Walnut Street from Third Street to Tenth Street. On Cherry Street from Third Street to Tenth Street. On Third, Fourth, Fifth, Tuscarawas, Seventh, Eighth, Ninth, and Tenth Streets from McKinley Avenue to Cherry Street. And thereafter not more than one cable shall cross any of the said above named streets at any one point. Sec. 11. That the City of Canton, Ohio, shall not be held liable to said company, its successors or assigns, for any damage that said com- pany, its successors or assigns, may incur by the breaking of any sewer or water pipe, or for any delay that may be caused by the laying of sewers or by the laying of any water pipes, or by any other work or im- provement made by said city and the necessary repairing of the same. Sec. 12. Said Telephone Company, its successors and assigns, shall, 310 REVISED ORDINANCES at all times hereafter, defend, keep harmless and indemnify the said City of Canton for any and all damages and lawful claims and demands for injuries to person or property and all costs and expenses to which said city may be subjected or made liable by any proceeding at law or in equity or otherwise growing out of the construction and maintenance of said wires, conduits or fixtures ; provided, that in case of any litigation arising as aforesaid the said City: of Canton shall be required tt> give the said Central Union Telephone Company, its successors or assigns, written notice of the same. Sec. 13. In consideration whereof and forthwith, as long as said Central Union Telephone Company, its successors and assigns, shall en- joy and exercise the rights specified and agreed to herein, the said City of Canton shall be permitted to place and maintain on the top cross arm of all aerial poles and fixtures and in one duct of the under-ground con- duits of said company within said city, which cross arms and ducts shall be placed and maintained by said company, the police and fire alarm wires of said city without charge; provided the same shall be so placed and maintained as not to interfere with the proper use of the wires of said company, and the same to be so placed and maintained under the direc- tion of said company's local manager in said city. And further, said company agrees to furnish, free of charge, to said city, for the city's use and business, with said company's local telephone exchange service, one set of instruments at the Mayor's office, one at the office of the City Clerk, one at the office of the City Civil Engineer, one at the Sewer Disposal Works, one at the headquarters of the Police Department, one at the residence of the President of the Council, one at the residence of the Street Com- missioner, one at the office of the City Solicitor, one at the residence of the Chief of the Fire Department, one at the residence of the City Clerk, one at each engine and hose house now or hereafter maintained by said city and manned with full paid members of the Fire Department. Said Telephone Company further agrees to furnish said Citv of Canton such additional telephones, with local telephone exchange service, for the city's use solely, as said city may from time to time call for by resolution of the City Council, at twenty-five (25) per cent from the regular rates from lime to time charged by said Telephone Company for business pur- poses, provided that for each of said telephones separate contracts, con- SPECIAL ORDINANCES 311 taining the customary provisions, shall be signed in advance, having endorsed thereon the concessions as to the price herein agreed to. Sec. 14. This ordinance shall take effect and be in force from and after its passage and legal publication, and the filing of an unconditional acceptance thereof by said Central Union Telephone Company in the office of the City Clerk, but the acceptance herein provided for must be filed within thirty (30) days after the passage hereof. Passed March 6, 1899. Chicago, March 7th, 1899. To the Honorable President and City Council of the City of Canton, Stark County, Ohio : Gentlemen — The Central Union Telephone Company hereby accepts the ordi- nance passed by you March 6th, 1899, agreeing with said company, its successors and assigns, as to the mode of use of the highways, streets, lanes, alleys and public places of the City of Canton by its telephone lines, and providing for telephone service for the various departments of the city, and herewith files this, its unconditional acceptance thereof, in the office of the City Clerk. Respectfully, CENTRAL UNION TELEPHONE COMPANY, Attest: By W. A. Jackson, President. [Seal] W. S. Chapman, Secretary. AN ORDINANCE Granting to the Carroll County Telephone Company the right to establish and operate a telephone toll line in and through the City of Canton, Ohio, and to erect and maintain poles and wires along and upon the streets and alleys of said city. Be it ordained by the Council of the City of Canton, Ohio, as follows : Section 1. That pertnission be and is hereby granted to The Carroll County Telephone Company, its successors and assigns to construct. 312 REVISED ORDINANCES establish and operate a telephone toll line in and through the City of Canton, and to erect, maintain and use along and upon only such streets, lanes, alleys and public grounds of said city as the City Council shall by resolution designate except Market and Tuscarawas Streets, good, neat and substantial poles of material as hereinafter directed, which poles shall be securely planted in the earth and so placed and located as to offer the least possible obstruction to business, travel, and the general appearance of the street, lane, alley or public grounds upon which the same may be placed for the purpose of supporting the wires of said Company's line. Sec. 2. Said The Carroll County Telephone Company shall exercise the privileges hereby granted under the direction and supervision of the standing committee on streets and alleys of the City Council of said city and the points of location of said poles shall be determined by said com- mittee, said poles shall be not less than thirty feet in length and made of wood. In the erection of said poles, said company shall, so far as prac- ticable, confine itself to the use of the lanes and alleys of said city. Sec. 3. Should the City Council at any time hereafter deem it neces- sary and proper that the wires of said company or any of them should be placed in and conducted over and along said streets, lanes, alleys and public grounds in cables, said The Carroll County Telephone Company, its successors and assigns, shall comply with the orders and directions of the City Council in respect thereto. Sec. 4. The said The Carroll County Telephone Company shall so place and maintain its said poles and wires as not to interfere in any manner with the wires and appliances of the city's fire alarm system and police patrol system or any other wires that now or may hereafter be owned or controlled by the said City of Canton. Sec. 5. That said Council reserves the right to grant similar privi- leges to any other telephone companv or individuals whenever requested, as are hereby granted to said The Carroll County Telephone Companv. The same to interfere in the least possible manner with the proper and successful use of the rights hereby granted to the said The Carroll Coun- ty Telephone Company. Said Council also reserves the right to grant the use of said poles jointly with the said The Carroll County Telephone Company to any other company or companies except for electric light purposes, desiring to use the same for the purpose of supporting telephone SPECIAL ORDINANCES 313 or other wires upon payment by such other company to said The Carroll County Telephone Company, its successors or assigns, on such terms and compensation as may be mutually agreed upon between said companies and in case said companies should fail to agree upon said terms or com- pensation, then the amount of such compensation and terms shall be fixed and determined by the City Council. Sec. 6. The rights hereby granted to the said The Carroll County Telephone Company are upon the express condition that the said city have the right to use any and all poles belonging to or used by said The Carroll County Telephone Company, its successors or assigns in said city for the necessary wires for the purpose of operating and using a sys- tem of fire alarm telegraph and police patrol system and such wires as said city may hereafter own or control.. Sec. 7. Said The Carroll County Telephone Company shall have a line built and in operation connecting the City of Canton with the City of Carrollton, in Carroll County, Ohio, within ninety days from the passage of this ordinance. Sec. 8. The rights, privileges and franchise hereby granted to said The Carroll County Telephone Company, shall not be transferred or as- signed except by consent of the City Council granted by formal resolu- tion. Sec. 9. Should the said The Carroll County Telephone Company, its successors or assigns at any time fail, neglect or refuse to comply with any of the conditions or requirements of this ordinance, then the rights and privileges hereby granted to them shall be forfeited and at an end. Sec. 10. This ordinance (upon the said The Carroll County Tele- phone Company, filing with the City Clerk a written acceptance of and agreement to comply with all terms and conditions of this ordinance) shall take effect and be in force from and after its passage and legal publication. Passed March 21, 1898. 314 REVISED ORDINANCES AN ORDINANCE Agreeing with The Stark County Telephone Company, its successors and assigns, as to the mode of use of the highways, lanes and alleys and public places of the City of Canton, Ohio, by said Company's Telephone lines, and to provide telephone service for the various departments of the city. Be it ordained by the Council of the City of Canton, Ohio, as follows : Section I. That the mode of use of the highways, streets, lanes, alleys and public places of said city, by the lines of the Stark County Telephone Company, its successors and assigns, is agreed upon and shall be as follows: Sec. 2. Subject to the limitations and restrictions hereinafter con- tained, said Telephone Company shall have the right tO' plant its poles and string its wires along the streets, lanes, alleys and public places of said city, but said poles shall be located at such places, and the wires strung in such manner as to offer the least possible obstruction to* private property, and is in no way to obstruct or interfere with the usual and ordinary use of such streets, alleys or public places, but the loctaion and occupancy of such line or lines, or the location of any such pole or poles, or any support thereof, shall, from time to time, be changed by said com- pany, its successors and assigns, to such other location on the same street, alley or public place, as may be directed by the City Council. Said com- pany, its successors and assigns, shall place the ground and pavement in as good order after such removal or the relocation of any line or pole as the same was at the time of making such change. Sec. 3. Before any pole or telephone line shall be erected on any street, alley or public places of said city, the said Telephone Company shall submit to the City Civil Engineer, a plan of the same, showing as near as practicable the exact location of the poles and other appliances and shall secure from the City Civil Engineer a permit therefor, and shall restore all pavements and ground disturbed by the erection of said line or pole to the same condition that they were before the erection was made; but no poles shall be erected on Market Street, between North Street and South Street, or on Tnsearavvas St reel between Xewtmi and Cherry Streets, SPECIAL ORDINANCES 315 and so far as practicable said Telephone Company shall confine itself to the use of the alleys of said city. Sec. 4. All poles and fixtures now or hereafter erected by said Com- pany within the corporate limits of the City of Canton, Ohio, shall forth- with be painted by said Company from top to bottom and shall be re- painted at least once in every three years thereafter ; not more than ten cross arms shall be placed on any one pole, and none of the poles or wires of said Company shall be used by any other Company without first obtaining the consent of the City of Canton and The Stark County Telephone Company for such use. Sec. 5. All dead poles of said company and not in actual use shall upon demand of the city, be removed by said company within thirty days and upon failure of said company to comply with such demand, as herein specified, the same may be removed by said city at the expense of said company. Sec. 6. The rights of said company, under this agreement, are held subject to all the laws of the State of Ohio, and all the police ordinances of said city, relating thereto, which are now in force or that may be here- after adopted, not destructive of the rights herein granted. Sec. 7. All poles which are to be used and erected by said com- pany under the provisions of this ordinance shall be straight and neatly painted and at points where there is unusual strain shall be stayed in a safe, secure and workmanlike manner ; they shall be located and erected under the supervision of the City Civil Engineer, and, when practicable, shall be placed upon the projecting line between lots. The wires shall in no case approach nearer than thirty feet of the surface of any street, lane, alley or public place or private driveway over or along which said line may pass. Sec. 8. It is agreed that said company shall construct and maintain underground wires and pipes, conduits and other fixtures for containing, protecting and operating said wires in the streets, avenues, alleys and public places of said city within the following boundaries, to-wit : On the north by the north line of Third Street ; on the east by the east line of Cherry Street; on the south by the south line of Tenth Street; on the west by the west line of McKinley Avenue ; and that within said boun- daries no poles shall be erected or maintained, except such poles as may 316 REVISED ORDINANCES be required for the purpose of distributing wires from said subways to subscribers, stations, and all such poles shall, so far as possible, be lo- cated in alleys. Provided that all such streets, alleys, avenues and public places shall be immediately restored to their former condition, and that the work so to be done is to be done under the supervision and direction of an inspector to be appointed by the City Council, and to be paid by said company, and said work to be done to the acceptance and approval of the City Civil Engineer, and all such under-ground wires and pipes, conduits and other fixtures, shall be so placed and located so as not to interfere with any of the water or sewer pipes of said city, and provided further, that no such conduit or under-ground work shall be begun until said company shall have first made and filed with the City Civil Engineer a map or plat giving the location, plan and specification of the same, and such location, plan and specification shall have been approved by the City Civil Engineer. Sec. 9. That within ninety days after the passage of this ordinance the said Stark County Telephone Company shall file in the office of said City Civil Engineer of said city a map or plat showing the under-ground conduits to be built by said company, and within ninety days after the approval of said map or plat by said City Civil Engineer said company shall commence the construction of said conduits, and shall wholly com- plete the same within twelve months thereafter ; provided, however, that no paved streets shall be disturbed and no under-ground work shall be prosecuted on any of the paved streets of the said city within the 15th day of December and the 15th day of March of any year. Provided fur- ther, that before said Stark County Telephone Company shall do any of the work provided for in this or the preceding section it shall file with the City Clerk of the City of Canton, Ohio, a bond with some surety com- pany as surety in the penal sum of Ten Thousand ($10,000) dollars in favor of said City of Canton conditioned that the said Stark County Tele- phone Company shall pay to said City of Canton all injuries, damages, charges, judgments and expenses that may accrue to said City by reason of the failure of said Telephone Company to properly replace any pave- ment and streets disturbed by it in the course of said work, and condi- tioned to save said City harmless from any and all damages for which it might be held liable for any injury to person or property by reason of the SPECIAL ORDINANCES 317 use, occupancy or obstruction of said streets, alleys or public places by said Telephone Company, and said bond shall be in full force and effect for the full term of five years from and after the signing and delivery thereof. Sec. 10. The City of Canton, Ohio, shall not be held liable to said company, its successors and assigns, for any damage that said company, its successors and assigns, may incur at any time by the breaking of any water or sewer pipe or for the delay that may be caused by the laying of any sewers or by the laying of any water pipes, or by any other work or improvement made by said city and the necessary repairing of same. Sec. ii. Said Telephone Company, its successors and assigns, shall at all times hereafter defend, keep harmless and indemnify the said City of Canton from any and all damages and claims and demands for injuries to persons or property, and all costs and expense to which said city may be subjected or made liable by any proceeding at law or in equity, or otherwise growing out of the construction and maintenance of said wires, conduits and fixtures, provided, that in case of any litigation arising as aforesaid, the said City of Canton shall be required to give the said The Stark County Telephone Company, its successors and assigns, written notice of the same. Sec. 12. In consideration whereof and forthwith, as long as the said The Stark County Telephone Company, its successors and assigns, shall enjoy and exercise the rights specified and agreed to herein, the said City of Canton shall be permitted to place and maintain on the top crossarm of all aerial poles and fixtures, and in one duct of the under-ground con- duits of said company within said city, which crossarm and duct shall be placed and maintained by said company, the police and fire alarm wires of said city without charge ; provided the same shall be so placed and maintained as not to interfere with the proper use of the wires of said company, and the same to be so placed and maintained under the direc- tion of said company's local manager in said city. And further, said com- pany agrees to furnish, free of charge, to said city, for the city's use and business, the said company's local telephone exchange service, one sei of instruments at the office of the Mayor, one at the office of the City Clerk, one at the office of the City Civil Engineer, one at the Water Works office, one at the Water Works pumping station, one at the resi- 318 REVISED ORDINANCES dence of the Water Works Superintendent, one at the High School build- ing, one at the Sewer Disposal Works, one at the headquarters of the Police Department, one at the residence of the President of the Council, one at the residence of the Street Commissioner, one at the office of the City Solicitor, one at the residence of the Chief of the Fire Department, one at the residence of the City Clerk, one at the residence of the assist- ant Fire Chief, one at each engine and hose house now or hereafter to be maintained by said city, and manned with full paid members of the fire department. Said telephone company further agrees to furnish said City of Canton such additional telephones with local telephone exchange service, for the city's use solely, as said city may from time to time call for by resolution of the City, at twenty-five per cent discount from the regular rates from time to time charged by said Telephone Company for business purposes, pro- viding that for each said telephones separate contracts containing the cus- tomary provisions shall be signed in advance, having endorsed thereon the concessions as to the price agreed to. Sec. 13. That The Stark County Telephone Company, their succes- sors and assigns, be and they are hereby limited in the price to be charged for exchange service within the corporate limits now or hereafter men- tioned by the City of Canton, Ohio, under the powers herein granted as follows, to-wit: The charge for long distance telephone instruments con- nected with full copper metallic lines when placed in a residence shall not exceed twenty-four ($24) dollars per annum, payable monthly in advance, except the three first months which may be collected for three months in advance, and the charge for a like equipment when placed in a business house shall not exceed thirty-six ($36) dollars per annum payable monthly in advance, except that said company may require the first payment to be made three months in advance, and that the charge for telephone instru- ments of any kind or equipment shall not exceed the prices herein stated. Sec. 14. Said The Stark County Telephone Company shall have in operation within eighteen months after the passage of this ordinance a telephone exchange in the City of Canton, with not less than one hun- dred (100) paid subscribers with telephone instruments actually in use, and any failure on the part of the said Telephone Company to comply with this condition shall work a forfeiture of the rights herein contained, SPECIAL ORDINANCES 319 provided however that if delayed in the progress of said work by legal proceedings or other unavoidable causes without the fault of the said The Stark County Telephone Company, then the limitation as to time herein- before contained shall be extended for such period as the said Telephone Company may be delayed. Sec. 15. This ordinance, shall take effect and be in force from and after its passage and legal publication, and the filing of an unconditional acceptance thereof by the said Stark County Telephone Company, in the office of the City Clerk, and the payment of the costs of the publishing of this ordinance as by law required, but the acceptance herein provided for must be filed within thirty days after the passage of this ordinance. Passed November 26, 1900. Canton, Ohio, December 17, 1900. The Stark County Telephone Company hereby accepts the ordinance passed by the City Council on the 26th day of November, 1900, agreeing with said Company, its successors and assigns, as to the mode of use of the highways, lanes and alleys and public places of the City of Canton, Ohio, by said Company's telephone lines and to provide telephone service for the various departments of the city and herewith files this its uncondi- tional acceptance thereof in the office of the City Clerk. Respectfully, THE STARK COUNTY TELEPHONE COMPANY, By Joseph Biechele, President. AN ORDINANCE To provide for the enlargement of the present Corporation Limits of the City of Canton, Ohio, and the annexation thereto of certain described territory contiguous to said city. Whereas, The inhabitants generally of the City of Canton, Stark County, Ohio, desire to enlarge the present existing corporate limits of said city by the annexation of contiguous territory thereto, and to the extent, manner, character and distance indicated in a certain plat for that 320 SPECIAL ORDINANCES purpose, now on file in the office of the City Clerk of said city and approved by this Council. Now, therefore, Section i. Be it ordained by the City of Canton, Ohio, (a majority of all the members elected to said Council concurring herein), That, the territorial corporate limits of said city be enlarged, and the boundary lines of the same extended and established as hereinafter described, and all the territory contiguous to the present corporate limits, (lying between the exisiting corporate limits of said city and the boundary lines proposed as hereinafter described) annexed to the City of Canton, County of Stark, and State of Ohio, and made a part thereof, so as to enlarge the present existing corporate limits of the same to the extent, distance and in the manner and character indicated in a certain plat of the contemplated en- largement made by J. H. Holl, City Civil Engineer of said city, at the instance of the City Council in the month of June, 1881, and March, 1884, which is hereby approved by this Council and the same on file in the office of the City Clerk of said city. ,Sec. 2. That the boundary lines to be the extended and enlarged proposed corporate city limits of said city as mentioned in section one (1) of this ordinance be fixed and established as follows, to-wit : Be- ginning for the same at the northeast corner of Section No. 3 in Canton township, County of Stark, and State of Ohio ; thence with the east line of Section 3, south 3 degrees 45 minutes, west 5358 feet to the southeast corner of the same and the northeast corner of Section No. 10 in said township; thence with the east line of Section 10 south 2 degrees 15 minutes, west 2700 feet to the quarter corner on the east boundary of said Section 10; thence south 3 degrees 5 minutes west with the section line 2240 feet to the middle of the Steubenville Road; thence south 66 1-2 degrees, west 3045 feet through the lands owned by the heirs of Jacob Rowland, Connotton Valley Railway Company, John Gibbs, and the heirs of Michael Rohrer, to the center of an iron bridge where a branch of the Nimishillen Creek crosses the west line of the northeast quarter of Section 15; thence south 57 degrees 30 minutes west with said branch of the Nimishillen Creek and the lands of Washington Myers and John P. Rex's heirs 563 feet; thence south 45 degrees 14 minutes, west 562 1-2 feel to the south lines of said Rex heirs land; thence following said branch of the Nimishillen Creek through the lands of George W. Trump south SPECIAL ORDINANCES 321 41 degrees 37 minutes, west 400 feet ; thence south 24 degrees 7 minutes, west 308 feet; thence south 51 degrees 45 minutes, west 612 feet to the south line of said Trump's land ; thence through David Sherrick's land and following the branch of the said Nimishillen Creek south 51 degrees 45 minutes, west 188 feet ; thence south 29 degrees 45 minutes, west 210 feet ; thence south 46 degrees 20 minutes, west 800 feet ; thence south 72 degrees 58 minutes, west 690 feet ; thence south 55 degrees 5 minutes, west 1290 feet; thence south 28 degrees 55 minutes, west 300 feet; thence south 51 degrees 55 minutes, west 703 feet to the south line of Section No. 16, thence north 86 degrees 50 minutes west with the south line of said Section No. 16, 3363 feet to its southwest corner; thence north 87 degrees west with the section line, 2700 feet to the southwest corner of the southeast quarter of Section No. 17, of said Canton township; thence north 3 degrees, east 2684 feet to the northwest corner of said southeast quarter; thence north 3 degrees, east 2700 feet to the northwest corner of the northeast quarter of said Section No. 17; thence north 3 degrees, east 5346 feet to the northwest corner of the northeast quarter of Section No. 8 in said township ; thence north 3 degrees, east 5404 feet to the township line and the northwest corner of the northeast quarter of Section No. 5 ; thence south 87 degrees, east with the north line of Canton town- ship 2700 feet to the northeast corner of said Section No. 5 ; thence south 87 degrees, east 5401 feel to the northeast corner of Section No. 4; thence south 86 degrees 45 minutes, east still with said township line 5424 feet to the northeast corner of Section 3, and place of beginning. Sec. 3. That upon the passage and due publication of this ordinance as required by law, the City Solicitor of said city shall prosecute the pro- ceedings necessary to effect such annexation as • contemplated by this ordinance. Passed April 14, 1884. 322 REVISED ORDINANCES AN ORDINANCE Granting to William H. Ramm, his associates, successors and assigns, the right to establish, maintain and operate a system of waste paper re- ceptacles in the City of Canton, Ohio. Be it ordained by the Council of Canton, Ohio : Section I. The right is hereby given and granted to William H. Ramm, his associates, successors and assigns, for the period of ten years, to establish, maintain and operate in and along the streets, alleys and side- walks of the City of Canton, a system of boxes or receptacles for the temporary reception and accumulation of waste paper, trash and litter. Sec. 2. The said boxes or receptacles shall be constructed of sheet steel or other equally desirable metal, in a wormanlike manner, and shall be not larger than the following dimensions, to-wit : The said recep- tacles shall sit upon legs not more than eight inches high ; the receptacle proper shall not be of a height greater than sixty (60) inches in the clear, and shall have a signtop thereon not greater than six (6) inches in height, and shall not be more than twenty-seven (27) inches in the greatest width, and eighteen (18) inches in the narrowest width. They shall be designed and constructed in a suitable manner for the temporary recep- tion, deposit and accumulation of waste paper and other trash and litter liable to be thrown upon the streets, but shall not be used for the deposit of ashes, water, garbage or animal or vegetable offal. They may be placed in and along such streets, alley and sidewalks of the City of Canton, at the corners or intersections of the streets, or at other suitable places thereon, as the Committee on Sidewalks may designate and approve, upon the application of the said William H. Ramm, and the niuuber of said boxes to be so placed and maintained, shall not be less than twenty-five. Sec. 3. The said William H. Ramm, his associates, successors and assigns shall keep and maintain said boxes or receptacles in a neat, clean and sanitary condition, at all times, and the City of Canton, Ohio, shall not be made liable or held in any sum, nor for any purpose, by reason of the establishment and maintenance of said system of boxes and recep- tacles. In consideration of which the said William II. Ramm and his assigns shall have the exclusive right and privilege to place advertise- ments on said boxes or receptacles, for the benefit of himself or assigns, SPECIAL, ORDINANCES 323 provided, however, that no' advertisement which is of an immoral or disreputable character shall be placed thereon, and advertisements shall not be placed thereon in such a manner or form as to render said boxes unsightly. Sec. 4. Said William H. Ramm, his associates, successors and as- signs, shall at all times, and as frequently as shall be necessary, remove all waste paper and other litter that shall be cast and deposited in said boxes or receptacles, and in consideration of the covenants herein men- tioned, the said William H. Ramm or his associates, successors and assigns, agree to and shall pay to the City of Canton, Ohio, between the first day of January and the first day of February, each year, a sum equal to twelve and one-half per cent of the gross income received by him or them during the preceding year, from advertisements so placed upon said receptacles. Said payments shall be made quarterly, and on or be- fore the 20th days of January, April, July and October of each year, for the quarters immediately preceding, at the option of the city, and the grantee or his assigns herein shall, if so required, accompany said pay- ment of said twelve and one-half per cent, with an itemized statement duly verified under oath, of the total income received from said boxes during the respective period or periods, and the City of Canton, Ohio, shall have the further right to examine the books of account of the said William H. Ramm, his associates, successors and assigns, for the purpose of ascer- taining the correctness of said statements and the amount due the city as herein provided. Sec. 5. The rights and privileges herein granted to said William H. Ramm, his associates, successors and assigns, shall be and are subject to such reasonable regulations and orders, either by resolution or ordinance, as the Council of the City of Canton shall pass from time to time. Sec. 6. The said William H. Ramm, his associates, successors and assigns, shall file his or their written acceptance of this ordinance within twenty days after its passage and publication with the City Clerk, and the work of establishing, maintaining and operating said system of trash boxes or receptacles provided herein, shall be begun within ninety days after said acceptance is so filed. 324 REVISED ORDINANCES Sec. 7. This ordinance shall take effect and be in force from and after its passage and legal publication.. Passed October 15th, 1900. St. Louis, Mo., Oct. 25th, 1900. The above ordinance is accepted by me. WILLIAM H. RAMM, By Paul Reiss, Att'y in fact. APPENDIX RULES AND REGULATIONS GOVERNING The Board of Health CITY OF CANTON, OHIO Section i. The regular meetings of the Board of Health shall be held the first Tuesday of each month at 8 o'clock, P. M., from April I to September I, and at 7 o'clock P. M. from September 1 to April i, unless otherwise ordered. Sec. 2. The rules of parliamentary procedure prescribed in Cushing's Manual shall, as far as practicable, govern the Board in its deliberations. Sec. 3. At all sessions' of the Board the following shall be the order of business : 1st. Calling the Board to order. 2nd. Reading minutes of previous meeting. 3rd. Reports of Standing Committees. 4th. Reports of Special Committees. 5th. Report of Health Officer. 6th. Approval of bills. 7th. Miscellaneous business. 8th. Adjournment. Sec. 4. All appointments of the Board shall be made by ballot, and shall require a majority of all the members, and certificates of the same shall be signed by the President and countersigned by the Clerk, and no ap- pointment shall be valid unless so signed and countersigned. Dismissals from office shall also be certified in like manner. Sec. 5. All applications for appointment by the Board must be written and signed by the applicant, who must present himself before the Board in person, if required. 328 REVISED ORDINANCES Sec. 6. All charges preferred against any member of the sanitary force shall be made in writing and signed by the person making such charges, and filed with the Clerk of the Board. Sec. 7. All reports and complaints from the members of the sanitary force of the Board shall be made in writing and transmitted by the Health Officer. Sec. 8. The following committees shall be appointed and announced by the President at the second regular meeting in May of each year, and such appointments shall be valid when confirmed by the Board : 1st. Committee on Regulations and Finance. 2nd. Commitee on Sanitary Affairs. 3rd. Committee on Public Buildings and Sewers. Sec. 9. All Special Committees shall be elected or appointed as the Board may direct at the time of their formation. Sec. 10. It shall be the duty of the Committee on Regulations and Finance to report to the Board, as early as practicable after its organiza- tion, the rules and regulations by which the Board shall be governed. They shall examine and report upon all bills and accounts, and shall have a general supervision of the finances of the Board. Sec. 11. The Committee on Sanitary Affairs shall have control of the sanitary force, and have general supervision of all matters pertaining to or affecting the health of the city not otherwise provided for by the Board. Sec. 12. The Committee on Public Buildings and Sewers shall examine and report to the Board upon the sanitary condition of all public buildings, shall have supervisions of all sewers, public and private, and house connections with the same, and enforce the rules and regulations of the Board relative to the construction of privy vaults. Sec. 13. All contracts authorized and made by the Board shall be drawn by the City Solicitor, in the name of the Board of Health of the City of Canton, and shall be signed by the President or acting President and Clerk. Sec. 14. -Every bill or account must give the items, with their respective dates, and be certified to by the owner. When a bill is pre- sented it shall be read in open meeting of the Board, and referred to the Committee on Regulations and Finance, which shall carefully examine BOARD OF HEALTH 329 it and endorse on the back thereof their approval or rejection, and report the same at the next regular meeting - of the Board, which may then allow or disallow said bill, and no bill shall be allowed unless ordered by the vote of at least four members of the Board at a regular session. When a bill is allowed and certified to the City Council for payment, the certifi- cate shall be written upon its face and signed by the Clerk, and by the Chairman who presided at the time it was allowed. Sec. 15. Duties of the Health Officer: Rule 1. — The Health Officer shall be the Chief Executive Officer of the Board, subject to its rules and regulations, the ordinances of the city, and the laws of the State governing the same. Rule 2. — The Health Officer shall give a bond of good and sufficient security, to be drawn by the City Solicitor and approved by the Board, in the sum of one thousand dollars, for the faithful performance of his duties. Rule 3. — It shall be the duty of the Health Officer to visit the sev- eral wards at least once a week, and exercise general supervision over the sanitary police. Rule 4.— It shall be the duty of the Health Officer to attend all meet- ings of the Board, and report in writing the sanitary condition of the city, and make the annual report to the City Council required of the Board by law. Rule 5. — It shall be the duty of the Health Officer to be present at the Mayors office or other place designated by the Board, from 1 to 2 o'clock P. M. each day, (Sundays excepted), and remain a sufficient length of time to attend to any business which may come before him. Rule 6. — He shall keep such records of births, deaths, marriages, &c, and perform such other duties as may from time to time be provided for by the Board of Health. Sec. 16. Duties of the Clerk: Rule 1. — The Clerk of the Board shall give a bond of good and sufficient security, to be drawn by the City Solicitor and approved by the Board, in the sum of one thousand dollars, for the faithful performance of his duties. Rule 2. — It shall be the duty of the Clerk to attend all meetings of the Board, keep minutes of its proceedings and record of the same, when 330 REVISED ORDINANCES approved, in a book provided for that purpose. He shall keep at his office duplicates of bills certified to the City Council, and keep the accounts between the Board and their employees in a book provided for that pur- pose. Sec. 17. Certificates of death shall be filed with the Health Officer by the undertaker within twenty-four hours after he has been called to take charge of burial. Sec. 18. The Sanitary Police shall wear, plainly exposed to view, their badge of office, and at no time shall they attempt to enter any house, building, or other premises of any person, without their badge exposed, unless otherwise directed by the Health Officer or Board. Sec. 19. — These rules may be altered or amended at any regular meeting by giving two weeks written notice and by a majority vote of the whole Board; or they may be suspended at any regular meeting by a two-thirds vote of the whole Board. S. A. CONKLING, M. D., ODO E. PORTMAN, M. D, R. A. CASSTDY. TO REGULATE The keeping of Hogs in the City of Canton, Ohio. First. — It shall be unlawful for any person to keep any hogs within the limits of the City of Canton, Ohio, in any place which shall be within five hundred feet of any dwelling house or building used and occupied as a dwelling house. Second. — Whoever violates any of the provisions of this rule shall, upon conviction thereto, be fined not less than two dollars nor more than twenty-five dollars and the costs of prosecution. Third. — This rule shall take effect and be in force from and after January 1, A. D., 1890. BOARD OF HEALTH 331 RULES AND REGULATIONS OF THE BOARD OF HEALTH. Resolved. That the following code of health laws be and are hereby adopted by the Board of Health of Canton, Ohio, as provided for in Section 2122 of the Revised Statutes, as amended March 14, 1893. NUISANCES. Section 1. All privy vaults, after being emptied, also all night-soil and the contents of sinks, privies, vaults and cess-pools, and all noxious substance, shall, before removal or exposure, be disinfected and ren- dered inoffensive by the person or contractor who removes the same. Sec. 2. No butchers' offal or garbage, or any dead animals, nor any putrid or stinking animal or vegetable matter, shall be allowed to remain on the premises of any person, or to be thrown into any street or alley, place or receiving basin, or into any standing water, or upon the grounds or premises of any other person in the city. Sec. 3. No person shall be permitted to pursue any business or occupation in the city that is in the opinion of the Board of Health, dan- gerous or detrimental to life or health, and every such business or pursuit shall be promptly discontinued. Sec. 4. The rendering, heating or steaming of any animal or vege- table product or substance, generating noisome or unwholesome odors, or gaseous vapors, shall be conducted in steam tight kettles, tanks or boilers, and such method adopted as will entirely condense, decompose, deodorize or destroy the odors, vapors and gaseous products ; and no person shall be permitted to burn upon his premises, street, alley or other place, any animal or vegetable substance, which will create noisome or unwholesome odors. Sec. 5. Any person violating sections 1, 2, 3 or 4, or either of them of these laws, or neglecting any duty imposed by said sections, shall be fined in any sum not less than one dollar nor more than fifty dollars for each offense. Sec. 6. No person shall construct any privy vault or cesspool within the limits of said city without first obtaining from the Board of Health a written permit so to do, and permits shall be granted only to applicants 332 REVISED ORDINANCES who are not abutting property owners upon streets that have sewers, on condtion that they faithfully observe the laws, ordinances and rules, of said city, relating to the construction of privy vaults and cesspools. Sec. 7. Any permit so granted may be revoked by the Board of Health, by written notice to the person to whom it is granted, when it shall appear that such person has violated any law of the state or ordi- nance of the City of Canton, or rules of the Board of Health, relating to the construction of privy vaults and cesspools. Sec. 8. No permit shall be granted for the construction of a privy vault or cesspool at a distance nearer than forty (40) feet from any house, well or spring. Sec. 9. All privy vaults and cesspools for the construction of which permits may hereafter be granted, shall be not more than eight feet in depth, to have not less than three inches of concrete laid underneath the bottom, which shall be laid with brick, the walls shall be laid with hard burnt brick, and laid in fresh cement. Provided, however, that outside the limits of any sewer districts, they may be constructed without the use of cement. Sec. 10. Before obtaining such permit the applicant shall state to the Board of Health: First. — His name and residence, and the number of the sewer dis- trict, if any. Second. — The name of the person holding the legal title to the lot or land upon which it is desired to construct a privy vault or cesspool. Third. — An accurate description of the lot or land and its location, the kind of vault or cesspool proposed, the depth and dimensions of the same, what ventilation is proposed, and the distance from any house, well or spring that it is desired to construct the same. Sec. 11. All permits granted hereafter shall be signed by the Health Officer of said city, and a record of the statements made by persons apply- ing for the same shall be kept by such officer, which records shall at all times be open for public inspection. .Sec. 1 2 . Any person violating any of the provisions of the next pre- ceding six sections, shall, upon conviction thereof, be fined in any sum not exceeding fifty dollars and costs of prosecution. BOARD OF HEALTH 333 ABANDONED VAULTS AND SINKS. Sec. 13. That it shall be unlawful for any person or persons to abandon any privy vault, vaults or any sink, to cover up, arch over, or otherwise conceal the same. Sec. 14. Such vaults, vault or sink, when abandoned, must have re- moved therefrom, by the owner thereof, all the contents, and when so cleaned out the same must be immediately rilled up with earth to a level with the surface of the ground upon which said vault or sink is located. Sec. 15. Any person or persons violating any of the provisions of sections thirteen or fourteen shall, upon conviction thereof, be fined not less than ten dollars nor more than fifty dollars, and pay the costs of prosecution, and the court may order such person to stand committed until such fine and costs are paid, or until he otherwise be discharged by due course of law. SCAVENGERS' CARTS, PRIVIES, SINKS, CESSPOOLS AND STABLES. Sec. 16. That no person shall draw off or allow to run on any ground, street, or alley of this city, the contents or any part thereof, of any vault, privy, cesspool, hog pen, or sink ; nor shall any owner, tenant, or occu- pant of any building to which any vault, sink, privy, or cesspool shall appertain or be attached to, permit the contents to become offensive. Sec. 17. That every owner, lessee, tenant and occupant of any stable, stall or apartment, in which any horse, cattle or swine, or any other ani- mals shall be kept, or of any place in which manure or any liquid discharge of such animals shall collect or accumulate, shall cause said liquid and manure to be removed to some proper place, and shall at all times keep or cause to be kept such stall, stables and apartments, and the drainage, yard and appurtenances thereof, in a cleanly and wholesome condition. Sec. 18. Any person violating sections sixteen and seventeen of these laws, or neglecting any duty imposed by said sections, shall be fined in any sum not less than ten dollars, nor more than fifty dollars for each offense. 334 REVISED ORDINANCES MARKETS. Sec. 19. That no butcher or other person shall knowingly kill any cow, sheep or hog that is pregnant, and the meat of any such cow, sheep or hog shall not be sold or offered for sale for human food at any market or elsewhere in this city. Sec. 20. No meat, fish, birds or fowl, or vegetables, not being then healthy, fresh, sound, wholesome and safe for human food, nor any meat or fish that died by disease or accident, shall be brought within this city or offered or held for sale in any public or private market, as such food anywhere in this city. Sec. 21. No calf, pig or lamb shall be, or the meat thereof shall be brought, held or offered for sale as such food in this city, which, at the date of its death, was less than four weeks old ; nor shall any meager, sickly or unwholesome fish, birds or fowl be brought, held or sold or offered for sale as such food in said city. Sec. 22. No person shall offer or have for sale, in the city, any un- wholesome, watered or adulterated milk, or milk known as swill milk, or milk from cows or other animals that for the most part lived in stables, or that are fed on swill, garbage, or other like substance, nor any butter or cheese made from such milk. Sec. 23. That no cased, blown, plaited, raised, stuffed, putrid, im- pure or unhealthy or unwholesome meat or fish, birds or fowl shall be held, bought or sold or offered for sale for human food, or held or kept in any market, public or private, or any public place in this city. Sec. 24. That no person shall sell or offer to sell, or bring within the limits of the city, any decayed or damaged vegetables or fruit. Sec. 25. Any person violating Sections 19, 20, 21, 22, 23, 24 of these laws, or neglecting any duty imposed by said sections, shall be fined in any sum not less than five dollars nor more than fifty dollars, and costs of prosecution for each offense. Sec. 26. No butcher, milk dealer, green grocer, fruit dealer, or other persons dealing in any substance or material used for human food, shall refuse to allow any person or persons, authorized by the Board of Health to fully inspect any and all said substances and materials held, offered or in- tended for sale, and shall answer all reasonable and proper questions BOARD OF HEALTH 335 asked by such person or persons relative to the condition thereof, place where such substance and materials may be, and of whom procured. The fact of such substances and materials being found in the possession or on the premises of any person as aforesaid, shall be deemed sufficient evidence that such substances and materials are held for sale. Sec. 27. Any person violating Section 26 of these laws, or neglect- ing any duty imposed by said sections, shall be fined in any sum not less than ten dollars nor more than fifty dollars and costs of prosecution for each offense. TENEMENT HOUSES. Sec. 28. Be it resolved by the Board of Health of the City of Canton, Ohio, that Section 28 of the Code of health laws passed and adopted by the Board of Health of the City of Canton, Ohio, December 9th, 1896, be amended to read as follows : Section 1. That no owner or lessee of any building, or any part thereof, shall lease or let, or hire out the same or any portion thereof, to be occupied by any person, or allow the same to be occupied as a place in which, or for any one, to dwell or lodge, except when said buildings ur such parts thereof are sufficiently lighted, ventilated, provided and ac- commodated, and are in all respects in that condition of cleanliness and wholesomeness, for which the Rules and Regulations of the Board of Health of the City of Canton, Ohio, or any law of this state provides, or in which they or either of them require any such premises to be kept. Nor shall any such person rent, let, hire out or allow, having power to prevent the same, to be used as or for a place of sleeping or residence, any portion or apartment of any building, which apartment or portion has not at least two feet of its height and space above the level of every part of the sidewalk and curbstone of any adjacent street, nor of which the floor is damp by reason of water from the ground, or which is impregnated or penetrated by any offensive gas, smell, or exhalation prejudicial to health. But this section shall not prevent the leasing or venting, or occu- pancy of cellars or rooms less elevated than aforesaid, and as a part of any building rented or let, when they are not let or intended to be occu- pied or used by any person as a sleeping apartment, or as a principal or sole dwelling apartment. 336 REVISED ORDINANCES Sec. 2. That no person having the right and power to prevent the same, shall knowingly cause or permit any person to sleep or remain in any cellar, or in any bathroom, or in any room where there is a water closet, or in any place dangerous or prejudicial to life and health, by reason of a want of ventilation or drainage, or by reason of the presence of any poisonous, noxious or offensive substance, or otherwise. Sec. 3. That no owner, lessee, or keeper of any tenement house, lodging house, boarding house shall cause or allow the same to be over- crowded, or cause or allow so great a number of persons to dwell, be, or sleep in any such house, or any portion thereof, as thereby to cause any danger or detriment to life or health. Sec. 4. That every person who shall be the owner, lessee or 'keeper or manager of any tenement house, boarding house, lodging house, shall provide, or cause to be provided for the accommodation thereof and for the use of the tenants, lodgers, boarders thereat, adequate privies, or water closets, and the same shall be so adequately ventilated, and shall at all times be kept in such cleanly and wholesome condition as not to be offensive, or dangerous or detrimental to life or health. And no offensive smell or gases, from or through any outlet or sewer, or through any such privy or water closet, shall be allowed by any person aforesaid to pass into such house or any part thereof, or into any other house or building. Four hundred cubic feet of air space shall be provided and allowed for each bed or lodger, and no more beds shall be permitted than those pro- vided in this way, unless free and adequate means of ventilation exist, approved by the Board of Health, and a special permit in writing be granted therefor, specifying the number of beds or the cubic air space which shall under especial circumstances be allowed. Sec. 5. That every owner, lessee, and tenant, and manager of any boarding house, shall cause every part thereof and its appurtenances to be put, and shall thereafter cause the same to be kept in a cleanly and wholesome condition, and shall speedily cause every department thereof in which any person may sleep, or dwell, or work, to be adequately lighted and ventilated. Sec. 6. Any person violating any of the provisions of the foregoing sections, shall upon conviction thereof be fined in any sum not exceeding $25.00 and the costs of prosecution. BOARD OF HEALTH 337 Sec. 7. That said original section 28 be and the same is hereby repealed. Sec. 8. These rules and regulations shall take effect and be in force from and after their passage and legal publication. Passed September 11, 1902. JAMES H. ROBERTSON, President of the Board. J. F. MARCHAND, Clerk. Published in the Evening Repository September 13 and 20. VACCINATION. Sec. 29. That every person, being the parent or guardian, or having the care, custody or control of any minor or other individual, shall to the extent of any means, power and authority of said parent, guardian or other person, that could properly be used or exerted for such purpose, cause and procure such minor or individual to be so promptly, frequently and effectually vaccinated, that such minor or individual shall not be liable to take the smallpox. Sec. 30. All school boards, school teachers, or any other persons having control of, or authority in, any school or schools, are hereby for- bidden to receive into or allow to attend any school, public, parochial or private, any teacher, janitor or pupil not vaccinated within the preceding five years, or not having had the smallpox or varioloid. It shall be the duty of the Board of Health or Health Officer to see that teachers, janitors and every child that enters the public or private schools has been successfully vaccinated, and prohibit the same from attending school until they are vaccinated ; and where scholars are not vaccinated within two weeks after having been notified by the Health Officers, or where scholars are unable on account of their circumstances to secure said vaccination, it shall be the duty of the Health Officer to vaccinate all such scholars and keep a record of the same in a suitable book provided for that purpose, in which shall be given the name and age of the child, the name of the parents, the city address, the kind of vaccine virus used, and such other information as the Board may require. 338 REVISED ORDINANCES Sec. 31. Any person violating Section 30 of these laws, or neglecting any duty imposed by said section, shall be fined in any sum not less than one dollar nor more than ten dollars for each offense and pay the costs of prosecution. HYDROPHOBIA. Sec. 32. That every animal which is mad, or has the hydrophobia, shall by the person owning the same or having the possession, charge or control thereof, be at once killed ; and every animal that has been ex- posed to' such disease shall also be at once killed ; and the dead body of any such animal thus killed and any that died of such disease, shall be at once, by such person, buried not less than three feet under ground outside of the city. Sec. 33. In every case where a person has been bitten by a dog, sup- posed to be mad, the person owning the same, or having the possession, charge or control thereof, shall quarantine such animal for thirty days, and if hydrophobia develops, the animal shall be killed. Sec. 34. That all physicians, or other persons having charge of sick or diseased persons in this city shall report to the Board of Health all deaths with the disease or cause of death, which come under their care or knowledge ; also shall report all births. DEATHS. Every physician and professional advisor who has attended any person at a last illness shall, at the death of such person, report such death to the Board within thirty-six hours thereafter, stating the cause thereof, and specifying the date, place, street and number of such death. Sec. 35. No person shall remove or convey a corpse either for burial or transportation, to or from the City of Canton, without first obtaining a permit from the Board of Health of said city so to do ; and before ob- taining such perrnit, he shall deposit in their office a certificate, setting forth as nearly as can be ascertained, the name, age, sex, nativitiy, color, occupation, whether married or single, number and street of late resi- dence in the city, time of residence therein, place of previous resi- dence, cause and date of death, duration of last illness and the place BOARD OF HEALTH 339 and date of intended interment, which certificate shall be signed by the physician or surgeon in attendance at the time of death. In case a coroner's inquest shall be; held, the fact shall be stated and the coroner shall be required to certify the fact to the Board of Health ; and no sexton or other person shall assist in or assent to, or allow any such interment, or aid or assist about preparing any grave or place of deposit for any such body for which such permit has not been given authorizing the same ; and it shall be the duty of any sexton who shall receive any such permit to pre- serve and return the same to this Board as its regulations may require. Sec. 36. Any person failing to comply with the requirements of any of the four next preceding sections, shall, upon conviction thereof before the Mayor of said city, be fined not less than five dollars nor more than twenty dollars for each offense and pay the expense of prosecution. OFFICERS. Sec. 37. The Board of Health shall, on the first meeting in January, 1903, and biennially thereafter on the first meeting in January or soon thereafter, elect the following officers to serve for two (2) years or until their successors are elected : One person, a practicing physician, to serve as Health Officer. One person to serve as City Physician. One person to serve as Clerk of the Board of Health. One or more persons to serve as Sanitary Police. One person to serve as Milk Inspector, and one person to serve as Inspector of Meat Shops, Slaughter Houses and Dairies. Any two of said offices may be combined and held by one person. HEALTH OFFICER. Sec. 38. The Health Officer shall be the executive officer of the Board of Health, and it shall be his duty to carry out and enforce all existing laws having for their object the preservation of life and prevention of disease, and the abatement and removal of nuisances. He shall exercise a general supervision over the business of the office, and he shall see that all books and records of the office are properly kept ; and that the return of births, deaths and interments are properly made and recorded ; and he shall also do and perform such other duties as the Board may lawfully require of him. 340 REVISED ORDINANCES Sec. 39. It shall be unlawful for the Health Officer to accept a death certificate having thereon as cause, "heart failure," from any physician, ro'-ivvife or other person, or to issue a burial permit when not accom- panied with the name of the disease from which the heart failure occurred. Sec. 40. That it shall be the duty of the Health Officer, whenever any case of smallpox shall be reported to him, or come to his knowledge, to forthwith cause a yellow flag or quarantine card to be placed conspicu- ously upon the premises where the patient may be, warning the public of contagion near ; and every person guilty of displacing any such flag or card before the recovery or removal of such patient and the disinfection of the premises, shall on conviction thereof before the mayor, pay a fine of not less than five dollars nor more than twenty dollars, together with all costs of prosecution. CLERK. Sec. 41. The clerk shall make and keep in proper form the minutes of the meetings and proceedings of the Board ; he shall attend to receiving returns of deaths and the issuing of all permits and the registration of births and deaths and interments, also complaints of nuisances, orders relating thereto, and to such other writing and copying of writings, and such other services relating to his position as the Board of Health or Health Officer may lawfully require of him. CITY PHYSICIAN. Sec. 42. The City Physician shall attend the indigent poor of the city and furnish the same with medicine. Medicines must be furnished by the City Physician and paid for out of the fixed salary allowed him for such expenditures, unless in special or extraordinary cases, when the Board of Health may order the purchase of medicines, vaccine virus, or other supplies. No City Physician shall be called upon to take charge of smallpox patients in the city hospital or in quarantine except by special agreement with the Board of Health, and under special compensation for such attendance, lie shall make monthly reports of his services to the Board on blanks to be provided for the purpose, giving date, name of person attended, cause of visit, charge for visit. BOARD OF HEALTH 341 SLAUGHTER HOUSES. Sec. 43. No butcher, or other person, shall be allowed to kill or slaughter any beeves, calves, sheep, hogs, or other animals, within the city, except the house, yard, pen or place where the killing shall take place, shall have a perfectly water-tight floor, which shall lie directly upon the earth, previously made impervious by waterlime, asphaltum, "concrete," or other like substance, and the fluids, washings and liquid offal shall be conducted into water-tight vessels or vats and immediately disinfected or carried without the city. The offal, such as intestines, and their contents, bones, horns, hoofs and scraps shall be taken at once outside the city ; and furthermore, the entire premises shall be disinfected at least twice a week, and the vessel or vats containing the liquid offal shall be emptied at least twice a week ; and, moreover, the entire premises shall be thor- oughly washed immediately after the killing of animals takes place. Any person failing to comply with Section 43 shall on conviction thereof, be fined not less than five dollars nor more than twenty dollars for each offense and costs of prosecution. BEFOULING THE CREEKS. Sec. 44. That it shall be unlawful for any person or persons to throw, cast or deposit or cause to be thrown, cast or deposited in the creeks at any point within the city limits, excepting such places as are authorized by the City Council as offal or garbage dump or sewerage deposit, any animal or vegetable substance whatever or any other offensive matter ; any person or persons so offending, on conviction thereof, shall pay a fine not less than five dollars nor more than twenty dollars, together with costs of prosecution. SEWERS, DRAINS AND CULVERTS. Sec. 45. That it is an offense to place anything of whatever nature, which shall obstruct the flow of water, in any sewer, drain or culvert in said city, or to suffer such obstruction to remain therein, and any person convicted, on information by or on complaint of any other person, before the mayor of said city, of placing such obstruction in any sewer, drain or 342 REVISED ORDINANCES culvert, or suffering the same to remain therein, shall be fined in any sum not exceeding ten dollars, and pay the costs of prosecution. Sec. 46. That no person shall erect any stable, pig pen or other structure over any drain or sewer, or near any culvert, so as to interfere with or prevent the cleaning of the same ; and any owner of such stable, pig pen or other structure, now erected over any drain or sewer, or near any culvert, which interferes with or prevents the cleaning thereof, who shall refuse to remove the same within ten days after being notified so to do by the Health Officer, shall on conviction thereof, before the mayor, be fined not more than ten dollars ; and may also be fined five dollars per day, until such stable, pig pen or other structure shall be removed, and pay all costs of prosecution. CONTAGIOUS DISEASES. Sec. 47. That for the purpose of guarding against the introduction or spread of contagious diseases it shall be the duty of all physicians and keepers of hotels or boarding houses in said city, and of persons in charge of railroad trains entering said city, to report in writing to the Health Officer without delay every case of cholera, smallpox or other contagious and malignant or unusual disease coming to their knowledge within the city or in the vicinity thereof; and ever physician or other person as aforesaid willfully neglecting to report any such case with name and residence, for more than six hours after obtaining knowledge of the same, shall be fined in any sum not less than five dollars nor more than twenty dollars, and costs of prosecution. Sec. 48. Whenever quarantine is declared, all railroads, or other corporations, and the owners, consignees or assignee of any railroad, stage or vehicle used for the transportation of passengers, baggage or freight, shall submit to any rules or regulations imposed by any board of health or health officer, they shall submit to any examination required by the health authorities respecting any circumstance or event touching the health of the crew, operatives or passengers, and the sanitary condi- tion of tin- baggage and freight; and any owner, consignee or assignee or other person interested as aforesaid, who makes any unfounded state- ment or deelaration respecting the points under examination, shall, upon conviction thereof, be subjected to the penalties herein provided for vio- BOARD OF HEALTH 343 lations of the requirements of this section, and when complaint is made, or a reasonable belief exists that an infectious or contagious disease pre- vails in any house or other locality, the Board may cause such house or locality to be inspected by its proper officers, and on discovering that such infectious or contagious disease exists, may, as it deems best, send the person so diseased to the pest house or hospital, or may restrain them and others exposed within said house or locality from intercourse with other persons, and prohibit ingress or egress to or from such premises. Sec. 49. No person suffering with diphtheria, membranous croup, scarlet fever, smallpox, measles, whooping cough or other dangerous diseases shall be admitted into any public, parochial or private school or college or Sunday school, or shall enter any assemblage or railway car, street car or other public conveyance. Sec. 50. Xo parent, guardian or other person having charge or con- trol of any child or children, shall allow or permit any such child or chil- dren to go from any house or building in which a case of smallpox, diphtheria, scarlet fever, measles, typhus fever or cholera has recently occurred, without a permit from the Board of Health or its proper officer. Sec. 51. Every physician attending a person affected with smallpox, diphtheria, scarlet fever, membranous croup or typhus fever shall use every possible precaution to prevent communication of the disease to others. Sec. 52. School books or books from a public or circulating library shall not be taken into any house where smallpox, typhus fever, diph- theria, scarlet fever, measles or whooping cough exists ; and if school books or library books have already been taken into such house, they must be destroyed by the owner or library authorities, or be properly disinfected before they are again taken to school or placed in circulation. Sec. 53. It shall be the duty of the Board of Health or its proper officer, when a case of smallpox, yellow T fever, typhus fever, diphtheria, membranous croup,or scarlet fever is reported within its jurisdiction, to at once place or cause to be placed in a conspicuous position on the house wherein any of the aforesaid diseases occur, a quarantine card or flag, and a notice announcing in large letters, ''CONTAGIOUS DIS- EASE WITHIN," and to prohibit entrance to or exit from such house without the written permission of the Board of Health. 344 REVISED ORDINANCES Sec. 54. The isolation of patients and duration of quarantine m infectious diseases shall be as follows : Diphtheria — For the patient : Isolation for fourteen days after re- covery and disinfection of premises. For persons associated with or in the house with the patient, quarantine until after death or recovery of the patient and disinfection of the premises. Membranous Croup — For the patient: Isolation for fourteen days after recovery and disinfection of premises. For persons associated with or in the house with the patient : Quarantine until after death or recov- ery of the patient and disinfection of the premises. Scarlet Fever — Isolation of the patient and quarantine of children associated with or in the house with the patient for ten days, after com- plete desquamation or scaling of patient and disinfection of the premises. Smallpox — For the patient : Isolation until after all crusts or scales have fallen off and the disinfection of the premises. For exposed persons: Quarantine for fourteen days from date of last exposure. Cholera and Yellow Fever — For the patient : Isolation until after complete recovery and disinfection of the premises. For exposed per- sons : Quarantine for five days from date of last exposure. Typhus Fever — For the patient : Isolation until after complete re- covery and disinfection of the premises. For exposed persons : Quaran- tine for twenty-one days from date of last exposure. Sec. 55. The bodies of persons who have died of smallpox, cholera, yellow fever, typhus fever, diphtheria, membranous croup, scarlet fever, erysipelas, measles or other contagious or infectious disease, shall be wrapped in a sheet saturated with a solution of bi-chloride of mercury one ounce to a gallon of water ,and shall be buried within twenty-four hours after death, except by written permission of the Board of Health. No. 56. No public or church funeral shall be held in connection with the burial of a person who has died of cholera, smallpox, yellow fever, typhus fever, diphtheria, membranous croup, scarlet fever, measles or whooping cough, and the body of such person shall not be taken into any church, chapel or other public place. See. 57. Anv house or building and its contents, in which a case of smallpox, cholera, yellow fever, typhus fever, diphtheria, scarlet fever or measles has occurred, shall be disinfected by the owner or occupant, under the supervision of the Board of Health or its proper officer. BOARD OF HEALTH 345 Sec. 58. The Board of Health may order and cause the disinfection, renovation or complete destruction of bedding, clothing or other property belonging to corporations or individuals, when such action seems to such board necessary, or a reasonable precaution against the spread of contagious or infectious diseases ; and to the indigent poor it may replace clothing or other articles so destroyed. Sec. 59. Any person violating any of the provisions of the next pre- ceding eleven sections of these laws, or neglecting any duty imposed by said sections, shall be fined in any sum not less than five dollars, nor more than twenty dollars for each offense. Sec. 60. Any person or child who is an attendant at any public, parochial, or private school or college, or Sunday school, and which per- son or child, or the family in which said person or child resides, has been quarantined by the Board of Health, the name of such person or child shall be registered by the principal or person having the general superin- tendency or oversight of such public, parochial or private school or col- lege, or Sunday school, at such place where said person or child attended, in a book to be furnished and kept by such principal or person having the general oversight or superintendency. which register shall set forth the name and residence of such child or person, the date when the quaran- tive above provided for was reported to said principal or person having the general superintendency or oversight, together with the name of the disease against which quarantine has been passed ; and such person or child shall not thereafter be admitted into said public, parochial or private school or college or Sunday school, until such person or child has applied in writing to the superintendent for such admission, which application shall be accompanied by a certificate signed by a reputable physician, stating that all danger of communicating the disease so quarantined against is past, and said certificate shall be endorsed by the Board of Health or its proper officer by it authorized. And it shall be the duty of the health officer to report within twelve hours, to such principal or person having the general supervision or oversight of such public, parochial or private school or college or Sunday school, the name and residence of the patient, so affected, and have placed on the house a card bearing the name of the disease in large letters, and no person shall remove or mark such notice without permission from the Board of Health. 346 REVISED ORDINANCES Any person, superintendent, principal or teacher violating any of the provisions of this section, or neglecting any duty herein imposed, shall be fined in any sum not less than five dollars, nor more than fifty dollars, for each offense and costs of prosecution. Sec. 61. No person shall, without a permit from this board, carry or remove from one building to another, or from any railroad depot to any house or through the public streets, any person sick of any contagious disease, or any person that has been exposed to and is liable, very soon to develop any contagious disease, nor any articles that have been exposed to any such disease. Sec. 62. That no person in said city having the smallpox, or any other contagious and malignant disease, shall leave his or her room and no person convalescent, or recently recovered, having had such disease, shall go abroad in said city without first obtaining from the Health Officer a permit in writing for that purpose ; nor shall the nurse or attendant upon any patient sick of such disease, leave the premises where such patient may be without a permit as aforesaid, either of which permits may be granted in every case upon a certificate from the attending physician of such patient satisfactory to said officer; and it is hereby made the duty of the Health Officer, before granting any such permit, to require that such patient, nurse or attendant shall put off and destroy the clothing worn during any sickness or attendance as aforesaid, or that the same shall be so disinfected that there can be no danger of contagion there- from. Sec. 63. It shall be the duty of every person controlling premises, occupied by any such patient to thoroughly cleanse and disinfect the same. Sec. 64. Any person violating sections 61, 62 and 63 of these laws or neglecting any duty imposed by either of said sections, shall be fined in any sum not less than ten dollars, nor more than fifty dollars and costs of prosecution for every such offense. TRANSPORTATION OF DEAD BODIES. Sec. 65. The transportation of bodies of persons dead of smallpox, diphtheria, membranous croup, Asiatic cholera, typhus; fever, or yellow fever, except for burial or cremation, within the jurisdiction of the BOARD OF HEALTH 347 health authorities of the municipality is absolutely forbidden and dis- interment of such bodies is prohibited. Sec. 66. Any person violating section 65 of these laws, or neglect- ing any duty imposed by said section, shall be fined in any sum not less than five dollars, nor more than one hundred dollars and costs of prose- cution for each offense. WASTE WATER AND FILTH IN STREETS, ALLEYS, DRAINS AND SEWERS. Sec. 67. That it shall be unlawful for any person or persons to throw or run, or cause to be thrown or run, any waste water or filth sub- stance upon or into any street, alley, drain, sewer, lot or premises in sufficient amount to cause a nuisance within the corporate limits of said city. Sec. 68. That any person or persons violating section 67 of these laws on conviction thereof before the mayor, shall be fined in any sum not exceeding twenty dollars, together with the costs of prosecution for each offense. Sec 69. That any person or persons who shall continue to throw, or run waste water, or any filthy substance upon, or into any street, alley, drain or sewer, lot or premises as herein forbidden, shall be liable to a new prosecution for every twenty-four hours he or they shall so continue the original offense. Sec. 70. It shall be the duty of the street commissioner to give information of known violations of this ordinance, and the Health Officer or Sanitary Police, and all other officers of the city police shall have full power, and it is hereby made their duty to arrest offenders against the same and bring them before the mayor for trial. FILTH AND RUBBISH IN ALLEYS, STREETS, ETC. Sec. 71. That it shall be unlawful for any person to place or cast any rubbish or filth of any kind or description in or upon any alley, streets, lot or premises within the limits of this city, or to cause, order or direct any other person to place or cast any filth or rubbish in or upon any such alley, street, lot or premises. 348 REVISED ORDINANCES Sec. 72. It shall be the duty of the Health Officer in all cases where filth or rubbish has been, or shall hereafter be cast into or upon any alley, street, lot or premises in this city, to serve or cause to be served, a written notice upon the owner or owners, of his, her or their agent or agents, or the occupier or occupiers of the lots and lands bounding or abutting upon such alley, requiring the person or persons so notified, to remove all filth and rubbish from the portion of such alley upon which the lot or lands owned, controlled, or occupied by such person or persons, shall bound or abut, and thereupon it shall be the duty of such person or persons so notified, to remove such filth and rubbish within three days from the date of the service of said notice. Sec. 73. Any person or persons violating the provisions of sections 71 and 72 of these laws, or who shall refuse or neglect to remove all filth and rubbish from the portion of any alley, street, lot or premises upon which such filth or rubbish may be found upon conviction thereof in the mayor's, court shall be fined in any sum not less than five dollars nor more than fifty dollars with costs of prosecution. AUTHORITY OF SANITARY POLICE. Sec. 74. That the Board of Health are hereby authorized to order the Sanitary Police to enter upon and inspect any house, yard, lot, locality or premises in said city, or in any portion or district thereof. ANNUAL APPROPRIATION. Sec. 75. That an annual estimate of the anticipated expenses of the Board of Health shall be made by the board and presented to the City Council before the annual tax levy is made. Sec. 76. The board is authorized to establish salaries for all of its appointees. MISDEMEANORS. Sec. 77. That if any person shall place, or cause to be placed, in any street, lane, alley, lot, common or water course within this city, the carcass of any dead animal, or parts or fragments thereof, or any putrid or unsound beef, pork, fish, or other substance tending to corrupt the BOARD OF HEALTH 349 atmosphere, and shall leave the same exposed or unburied, such person so offending, on conviction thereof, shall pay a fine not exceeding' twenty dollars with costs. Sec. 78. If any animal shall die in the possession of any person in the city, it shall be the duty of such person to cause the same to be re- moved without the limits of the city or to be buried, so that the same shall not corrupt the air or cause any injury to the health of the city ; and if any person in whose possession any animal shall die as aforesaid, shall neglect to cause the same to be removed or buried as required by this section, such person so neglecting, on conviction thereof, shall pay a fine not exceeding five dollars and costs of prosecution. Sec. 79. If any person shall suffer stagnant water, filth, manure, or any noisome or offensive liquid or substance, which may be injurious to the health of any other person, or which may corrupt the atmosphere, to remain upon) his or her premises within the city, such person on convic- tion thereof, shall pay a fine not exceeding ten dollars and costs of prose- cution. Sec. 80. If any person shall throw, cast or deposit, or cause to be thrown, cast or deposited in any race or creek, or in any stream of water, tributary to such creek within this city, or within ten miles of the cor- poration limits of this city, any animal or vegetable substance, or any organic or inorganic matter, either in a state of decomposition or liable to decomposition, or any other substance or matter whatsoever, either in a liquid, semi-liquid or solid state, by which the water of such race or creek may in any way be corrupted, polluted, contaminated or ren- dered unwholesome, such person upon conviction thereof, shall pay a fine not exceeding fifty dollars and costs ; and the mayor may order such to stand committed until the fine and costs are paid, or he be otherwise discharged by the course of law. Sec. 81. If any person shall cast, discharge or lay, or cause to be cast, discharged or laid, any shavings, ashes, mud, dung or other filth or annoyance whatsoever, or any foul or nauseous liquid of any kind, on any pavement, or in or upon any of the grounds, lots, commons, streets, lanes or alleys in this city, or shall cast or throw, or let fall from any cart, wagon or other carriage, any rubbish, dirt or earth in any street, lane or alley aforesaid, except in such parts or places as shall be appointed and 350 REVISED ORDINANCES permitted by the authority of the City Council, every person so offending, on conviction thereof, shall pay a fine not exceeding five dollars and costs of prosecution. Sec. 82. If any soap boiler, tallow chandler, tanner or other person shall make, keep, collect or use upon his or her premises within this city, any stale, putrid, stinking fat or grease, or other noisome or offen- sive matter or substance, such person on conviction thereof, shall pay a fine not exceeding ten dollars and costs of prosecution. Sec. 83. If any person shall suffer any privy on his or her premises within this city, to become offensive to any other inhabitant of this city, such person on conviction thereof, shall pay a fine not exceeding ten dol- lars and costs ; and if such person, after such conviction, shall suffer such privy to remain in its offensive condition, such person on conviction thereof, shall pay an additional fine not exceeding ten dollars and costs, and shall be liable to an additional fine upon fresh complaint of the con- tinuation of such nuisance until the same shall be abated. Sec. 84. The contents of any privy, privy vault, cesspool or sink shall not be removed unless the clerk of the Board of Health shall first give written permission therefor, specifying the time in which the same shall be removed, and the place where the same shall be deposited ; and any person offending against the provisions of this section, on conviction thereof, shall pay a fine not exceeding twenty dollars and costs of prose- cution. Sec. 85. It shall be unlawful for any person or persons to erect within the corporation limits of the City of Canton, a privy of any kind without obtaining a permit for the same from the Health Officer. No such permit shall be issued if either end of the lot on which such privy is to be erected abuts on a street provided with a sewer. Sec. 86. Any person violating section 85 or neglecting any duty imposed by it, shall be fined in any sum not less than five dollars, nor more than twenty dollars and costs of prosecution for each offense. Sec. 87. If any person or persons shall abuse, injure, befoul or corrupt any public well, cistern, pump, bridge, engine house or any other public property belonging to the corporation of this city, any person so offend- ing, on conviction thereof, shall pay a fine not exceeding one hundred dollars and costs of prosecution. BOARD OF HEALTH 351 Sec. 88. It shall be unlawful for any person or persons to remove what is termed slop within the corporation limits without obtaining a permit from the Health Officer to do so, and file with said Health Officer an application in which they agree to remove the same in tight covered barrels which will prevent its spilling along the streets, and any person or persons who violate this ordinance shall be subject to a fine of not less than one dollar, nor more than five dollars, and stand committed until paid. INSPECTION OF PUBLIC BUILDINGS. Sec. 89. It shall be the duty of the Health Officer or Sanitary Policeman to inspect as often as they may deem necessary, the sanitary condition of any church, school building, hall or any other public build- ing within the corporation limits of Canton, Ohio. Said inspection shall also include the condition of heating, ventilating, lighting, draining, sewer- age, garbage or any thing or things that may affect directly or indirectly the public health. It shall also be the duty of said officer to remove or have removed or abated any nuisance or nuisances they may discover existing in and around said buildings, and any person refusing to permit said inspection or obey the instructions of said Board of Health, Health Officer or Sanitary Policeman, shall be subject to a fine of not less than five dollars, nor more than twenty-five dollars, and shall stand committed until said fine is pair. Sec. 90. It shall also be the duty of the Board of Health or the Health Officer or the Sanitary Policeman to inspect semi-annually, and oftener if in .the judgment of the Board it shall be deemed necessary, the sanitary condition of all schools and school buildings within the limits of the corporation, and shall order and enforce the execution of any orders that may be necessary to protect the public health of either the scholars or teachers or persons living adjacent to said schools. Any person or persons refusing to obey such orders, shall, on conviction thereof before the mayor, be fined not less than twenty-five dollars, nor more than one hundred dollars at the discretion of the court. INSPECTOR OF PROVISIONS. Sec. 91. It shall be unlawful for any person to bring into said city any beef cattle, sheep or hogs, the same being or having been diseased 352 REVISED ORDINANCES or infected, or to sell, or hold, or offer for sale in said city, the meat of any diseased or infected animal, or any unwholesome meat, poultry, game, fish or milk, and any person offending against this section shall be fined in any sum not exceeding one hundred dollars, or be imprisoned not exceeding thirty days or both at the discretion of the mayor. Sec. 92. Any person bringing into said city any cattle, sheep or hogs diseased or infected as aforesaid, or which have been recently ex- posed to infection, shall remove the same from the city forthwith upon notice from the Health Officer, and any person refusing, when so notified to remove any such animal as aforesaid, shall be deemed guilty of an offense, and shall be liable to fine and imprisonment, or either, as pro- vided in the preceding section. Sec. 93. It shall be the duty of said inspector to examine all poultry, game, milk, fresh meat, and fresh fish, held or offered for sale in said city, and especially in the public markets thereof; and whenever, upon such inspection, he shall find and determine that any milk, poultry, game, fresh meat, or fresh fish, so offered or held for sale, is adulterated, impure, unsound, unwholesome, or unfit for human food, he shall immediately seize and destroy the same. Provided, however, that he may report any such seizure to the Health Officer of the city, and -instead of destroying the article forfeited shall make such other disposition thereof as said officer may direct, not inconsistent with regard for the public health. Sec. 94. Said inspector shall, by virtue of his said office, and for the better supervision of the public markets in said city, inspect all vege- tables, fruits . and berries offered or held for sale in any of said markets or elsewhere in said city ; and whenever he shall condemn any vegetables, fruits or berries so offered or held for sale, as stale, unsound, fermented or unwholesome, he shall cause the same to be removed forthwith, and shall so dispose of the same that the sale or use thereof for food may not thereafter be attempted. Sec. 95. He shall attend the regular meetings of the Board of Health, and all special meetings of which he may have notice, reporting his action in all cases to said. board and enforcing its regulations, applicable to the public markets and other places at which provisions are sold. BOARD OF HEALTH 353 SALE OF MILK. Sec 96. No person shall bring or send into the city for sale, or sell or offer for sale, any milk without a written permit so to do from the Board of Health, which shall grant permits to all applicants, on condi- tion that they faithfully observe the laws, ordinances and rules for deal- ing in milk. Any permit so granted may be revoked by the Board of Health by written notice when it shall appear that the party to whom such permit was granted has violated any law of this state, or ordinance of the City of Canton, or rule of the Board of Health relating to dealing in milk. Such permit, subject to such revocation, shall be good for the period of one year from the first day of January of the year of issue. Sec. 97. Before obtaining such permit the applicant shall submit to the Board of Health, in writing, a statement setting out: First, his name and place of business ; second, the number of cows, if any owned by him ; third, the name and place of business of any and all persons from whom he purchases milk; fourth, the daily amount of milk purchased and the daily amount sold by him, as near as he can estimate ; fifth, he shall number his wagon, which number he shall receive from the milk inspec- tor, and said number shall not be less than four inches in size, and shall be on both sides of the wagon. Sec. 98. Any person violating any of the provisions of sections 96 and 97, or either of them, shall, upon conviction, be fined in any sum not more than twenty-five dollars and the costs of prosecution. Sec. 99. Whoever by himself or by his servant or agent, or as the servant or agent of any other person, sells, exchanges or delivers, or has in his custody or possession with intent to sell or exchange, or expose or offers for sale or exchange, adulterated milk, or milk to which water or any foreign substance has been added, or milk from diseased or sick cows, shall, for a first offense, be punished by a fine of not less than fifty dollars, nor more than two hundred dollars ; for a second offense, by a fine of not less than one hundred dollars nor more than three hundred dollars, or by imprisonment in the workhouse for not less than thirty days or more than sixty days ; and for a subsequent offense by fine of fifty dollars and by imprisonment in the workhouse of not less than sixty nor more than ninety days. 354 REVISED ORDINANCES Sec. ioo. Whoever, by himself or by his servant or agent, or as the servant or agent of any person, sells, exchanges or delivers, or has in his custody or possession, with intent to sell or exchange, or exposes or offers for sale as pure milk, any milk from which the cream or part thereof has been removed, shall be punished by the penalties provided in the preceding section. Sec. 101. No dealer in milk, and no servant or agent of such dealer, shall sell, exchange or deliver, or have in his custody or possession, with intent to sell, or exchange or deliver milk from which the cream or part thereof has been removed, unless in a conspicuous place, above the center, upon the outside of every vessel, can or package, from which or in which such milk is sold, the words "Skimmed Milk" are distinctly marked in uncondensed gothic letters not less than one inch in length. Whoever violates the provisions of this section shall be punished by the penalties provided in section 99. Sec. 102. In all prosecutions under the foregoing sections regulating the sale of milk, if the milk is shown upon analysis to contain more than 87 per cent, of watery fluid, or to contain not less than 12 1-2 per cent, solids, not less than one-fourth of which must be fat; it shall be deemed, to be adulterated, and not of good standard quality, except during the months of May and June, when milk containing less than 12 per cent, of milk solids shall be deemed to be not of good standard quality. The inspector of milk shall keep a record of such statement for pub- lic inspection. POWER TO ABATE NUISANCES. Sec. 103. The Board of Health shall abate and remove all and every nuisance within the limits of the City of Canton and assess the cost and expenses of the same upon the property, which assessment, when duly certified by the president of the board to the county auditor, shall become a lien, to be collected the same as any other tax in favor of the city. Sec. 104. When any building, erection, excavation, premises, busi- ness pursuit, matter or thing, or the sewerage, drainage, plumbing or ventilation thereof is, in the the opinion of the Board of Health, in a con- dition dangerous to life or health, and when any building or structure is occupied or rented for living or business purposes, and sanitary plumbing BOARD OF HEAI/TH 355 and sewerage are feasible and necessary, but neglected or refused, the Board of Health may declare the same a public nuisance and may order the same to be removed, abated, suspended, altered, or otherwise im- proved or purified, by the owner, agent or other person or persons hav- ing control of the same, or being responsible for the condition, and the refusal or neglect to obey said order shall be a misdemeanor punishable as herein provided. The board may also, by its officers and employes, remove, abate, suspend, alter, or otherwise improve or purify the same, and certify the cost and expense thereof to the county auditor, to be assessed against the property, and, thereby made a lien upon the same, and collected as other taxes. (O. L., vol. go, March 14, 1893.) Sec. 105. In all cases where the order of the Board of Health is neglected or disregarded, in whole or in part, the board may elect to cause the arrest and prosecution of the person or persons offending as herein provided, or may elect to do and perform, by its officers and em- ployes, what the offending parties should have done. If the latter course is chosen, before the execution of the order of the board is begun, it shall cause a citation to issue and be served upon the person or persons re- sponsible, if residing within the jurisdiction of the board ; but if not, shall cause it to be mailed by registered letter to said person, if the address is known and can be found by ordinary diligence, and if the address cannot be found by ordinary diligence, shall cause the citation to be left upon the premises, in charge of any person residing thereon ; otherwise it shall be posted conspicuously thereon. The citation shall briefly recite the cause of complaint and require the owner or other person or persons responsible, to appear before the Board of Health at a time and place stated, or as soon thereafter as a hearing can be had, and show cause, if any, why the board should not proceed and furnish the material and labor necessary to and remove the cause and complaint. (O. L., vol. 90, March 14, 1893.) Sec. 106. If the person or persons cited appear he or they shall be fully appraised of the cause of complaint and given a fair hearing. The board shall then make such order as it deems proper, and if material or labor is necessary to satisfy the order, and the person or persons cited, promise, within a definite and reasonable time, to furnish the same, the board shall grant such time ; but if no such promise is made or kept the 356 REVISED ORDINANCES board shall furnish the material and labor, cause the work to be done, and certify the cost and expense to the auditor of the county. (If the material and labor are itemized and the statement is accom- panied by the certificate of the president of the board, attested by the clerk, reciting the order of the board, and that the amount is correct, the auditor shall have no discretion, but shall place the sum against the prop- erty upon which the material and labor w r ere expended, which shall, from the date of entry, be a lien upon the property, and be paid as other taxes are paid. O. L., vol. 90, March 14, 1893.) Sec. 107. Whoever violates any law, order or regulation of the Board of Health, or obstructs or interferes with the execution of any such order, or omits to obey any such order, shall be fined as heretofore provided, and pay all costs, or imprisoned for any time not exceeding ninety days, or both, but no person shall be imprisoned under this section for the first offense, and the prosecution shall always be as and for a first offense, unless the affidavit upon which the prosecution is instituted con- tains the allegation that the offense is a second or repeated offense. (O. L., vol. 90, March 14. 1893.) Sec. 108. If violation of any law, order or regulation of the Board of Health, obstruction, interference or omission be by a corporation, it shall forfeit and pay to the City of Canton, any sum not exceeding three hun- dred dollars, to be collected in a civil action brought in the name of the city, and any officer of such corporation having authority over the matter, and permitting such violation shall be subject to fine or imprisonment, or both, as heretofore provided. (The judgment herein authorized being in a nature of a penalty, or exemplary damage, no proof of actual damages shall be required, but the court or jury, finding other facts to justify a recovery, shall determine the amount by reference to all the facts, culpatory, exculpatory or extenu- ating, adduced upon the trial. O. L., vol. 90, March 14, 1893.) Sec. 109. That all rules and regulations of the Board of Health in- consistent with the foregoing rules, or either of them, be and the same are hereby repealed. Sec. 1 10. That these rules and regulations shall take effect and be in force from and after the earliest period allowed by law. BOARD OF HEALTH 357 Sec. in. Any section may be amended or suspended at any regular meeting by a majority vote. Passed December qth, 1896. JAMES A. RICE, President. J. F. MARC HAND, Clerk. RULES AND REGULATIONS Of the Board of Health of the City of Canton providing for the inspection of dairies, including the cows, cow stables, milk houses and milk vessels, and preventing the sale of milk within the limits of the City of Canton from dairies which have not been inspected. Section 1. Be it resolved by the Board of Health of the City of Canton, Ohio, that all persons intending to sell milk in the City of Canton must make application to the inspector of meat shops and dairies for the inspection of his dairy, including the cows, cow stables, milk houses and milk vessels and the food and water supplies for animals, and for an inspection of the dairies, including the cows, cow stables, milk houses and milk vessels, and the food and water supplies for animals, of all persons from whom he obtains milk, and upon a favorable certificate from such inspector, and depositing same with the Board of Health, shall be entitled to a certificate from the Board that the person having complied with the rules of inspections, is entitled to the privilege of vending milk in the City of Canton during the ensuing year. Sec. 2. No person shall sell milk within the City of Canton until lie has exhibited to the inspector of meat shops and dairies his cows and stables and milk houses and milk vessels, and the food and water supplies for all animals of all persons from whom he obtains milk, and received from said Board a certificate showing that the cows are healthy, and the stables, food and appliances are in good sanitary condition, which cer- tificate shall be posted up conspicuously in his stand, wagon or other vehicle, or, in case of personal delivery, otherwise to be exhibited on de- mand. Any addition of non-inspected cows to be the herd of any dealer shall be reported to said inspector within ten days. No person shall re- ceive, sell, or offer for sale, the milk of any cow condemned at any in- spection until such condemnation is removed on subsequent inspection, 358 REVISED ORDINANCES and this shown by a certificate in writing, made and signed by the in- spector and deposited with the Board of Health. Sec. 3. No person having an infectious disease, or having recently been in contact with any person, shall milk cows or handle cans, measures, or other vessels used for milk intended for sale, or in any way take part or assist in handling milk intended for sale until all danger of com- municating such disease to other persons shall have passed. No person shall sell or use for human food the milk of a diseased cow, or permit bitch milk to be mixed with other milk. Sec. 4. Any person violating any of the provisions of the foregoing rules and regulations, or failing to comply with any of the duties herein imposed, shall, upon conviction before the Mayor, be fined in any sum not less than two dollars ($2.00) nor more than ten dollars (10.00) for each offense. Sec. 5. These rules and regulations, shall take effect and be in force from and after their passage and legal publication. Passed July 5th, 1898. J. A. RICE, Attest : President of the Board. J. F. MARCHAND, Clerk. RULES AND REGULATIONS Of the Board of Health of the City of Canton, Ohio, providing for the appointment of an inspector of foods, slaughter houses, meat shops and dairies, and defining his duties and fixing his compensation. Section 1. Be it resolved by the Board of Health of the City of Can- ton, Ohio, that the office of inspector of meat shops and dairies be and is hereby created, and said Board shall, at its first regular meeting after these rules shall have been adopted and published according to law, and at their regular meeting in the month of March in each year thereafter, appoint some suitable person, skilled in the treatment and diseases of animals, as inspector of meat shops and dairies, who shall hold office for one year and until his successor is appointed and qualified. See. 2. Said inspector shall forthwith, upon his appointment, and from time to time thereafter, as may be deemed necessary, make an in- BOARD OF HEALTH 359 spection of all meat shops and markets and other places where fresh meats are kept and offered for sale, having special reference to the sani- tary condition of such places, and the fitness of the meat therein for human food. Said inspector shall make such additional inspections as the Board of Health may order. Sec. 3. It shall also be the duty of said inspector, when requested, to inspect all dairies, including- cows, cow stables, milk houses and milk vessels, the owners of which offer for sale within the limits of the City of Canton, any milk from such dairies, and to make and sign such certifi- cates as provided for by the rules of the Board of Health. Sec. 4. Said inspector shall make and keep, for public inspection, a full, accurate and complete record of all places and dairies inspected, the time when such inspection was made and the condition of same. He shall also perform such duties, and have such power as is provided for the inspector of provisions in section 91 to 95 inclusive, of the Rules and Regulations of the Board of Health, and such other duties as may from time to tim.e be required of him by the Board. Sec. 5. For inspecting dairies the inspector shall be entitled to de- mand and receive from the person for whose benefit such inspection is made, before granting a certificate of such inspection, the sum of 25 cents for each cow inspected, and the additional sum of 50 cents for in- specting the stables, milk houses and appliances and making certificate. In addition to the above fees, said inspector shall receive the sum of $30.00 per month, payable monthly out of the City Treasury. Sec. 6. These Rules and Regulations shall take effect and be in force from and after their passage and legal publication. Passed July 5th, 1898. J. A. RICE, Attest : President of the Board. J. F. MARCHAND, Clerk. 360 REVISED ORDINANCES RULES AND REGULATIONS Of the Board of Health preventing the use, by milk dealers and bakers, of checks or tickets made of paper or card-board. Section i. Be it resolved by the Board of Health of the City of Can- ton, Ohio, that it shall be unlawful for any person engaged in the sale of milk, bread or cakes by retail within the limits of the City of Canton, Ohio, to use or have in his possession for use any checks or tickets made or composed in whole or in part of paper or card-board, except such tickets as are non-interchangeable or punch tickets, and all checks or tickets, except such non-interchangeable or punch tickets, used or in- tended to be used by such dealers in milk, bread or cakes, shall be made and composed of metal, and of no other material. Sec. 2. Any person violating any of the provisions of section one, shall, upon conviction before the Mayor, be fined in any sum not exceed- ing Ten ($10.00) Dollars and pay the costs of prosecution. Sec. 3. This rule shall take effect and be in force from and after its passage and legal publication. Passed April 13th, 1898. JAS. A. RICE, Attest : President of the Board. J. F. MARCHANP, Clerk. RULES AND REGULATIONS Of the Board of Health of the City of Canton, Ohio, to amend section 5 of the rules and regulations of said board entitled "Rules and regu- lations of the Board of Health of the City of Canton, Ohio, providing for the appointment of an inspector of foods, slaughter houses, meat shops and dairies, and defining his duties and fixing his compensa- tion," passed July 5th 1898. Section 1. Be it resolved by the Board of Health of the City of Canton, Ohio, that section 5 of the Rules and Regulations of the Board of Health of the City of Canton, Ohio, entitled "Rules and Regulations of the Board of Health of the City of Canton, Ohio, providing for the BOARD OF HEALTH 361 appointment of an inspector of foods, slaughter houses, meat shops and dairies, and defining his duties and fixing his compensation," passed July 5th, 1898, be and the same is hereby amended to read as follows: Sec. 5. For the performance of the duties hereinbefore provided, and such other duties as may devolve upon him as such officer, said in- spector shall receive the sum of $50 per month, payable monthly out of the City treasury. Sec. 2. That said original section 5 of said rules be and the same is hereby repealed. Sec. 3. These rules and regulations shall take effect and be in force from and after their passage and legal publication. Passed December 13th, 1898. JAMES A. RICE, Attest : President of the Board. J. F. MARCHAND, Clerk. RULES AND REGULATIONS Of the Board of Health of the City of Canton, Ohio, to amend section 96 of the Code of Health laws passed and adopted by the Board of Health of the City of Canton, December 9th, 1896. Be it resolved by the Board of Health of the City of Canton, Ohio, as follows : Section 1 . That section 97 of the code of health laws, .passed and adopted by the Board of Health of Canton, Ohio, December 9th, 1896.. be and the same is hereby amended to read as follows : Sec. 97. Before obtaining such permit, and before the Board ot Health shall be required to grant the same, the applicant shall exhibit to said Board of Health a certificate in writing signed by the inspector of Meat shops and dairies, showing that the dairy, including the cows, cow stables, milk houses and milk vessels, and the food and water supplied for animals, of such applicant and of all persons from whom he purchases milk has been inspected by said inspector and approved by him; and said applicant shall also submit to said board in writing, a statement setting out: First, his name and place of business; second, the number of cows, if any, owned by him: third, the name and place of business of 362 REVISED ORDINANCES any and all persons from whom he purchases milk ; fourth, the daily amount of milk purchased and the daily amount sold by him, as near as he can estimate ; fifth, he shall number his wagon, which number he shall receive from the milk inspector, and said number shall be not less than four inches in size, and shall be on both sides of the wagon. 'Sec. 2. That said original section qi6 of the code of health laws passed and adopted by the Board of Health of Canton, Ohio, December 9th, 1896, be and the same is hereby repealed. Sec. 3. These rules and regulations shall take effect and be in force from and after their passage and legal publication. Passed September 14, 1898. JAMES A. RICE, Attest: President of the Board. J. F. MARCHAND, Clerk. RULES AND REGULATIONS Of the Board of Health of the City of Canton, authorizing the milk in- spector to issue permits for the sale of milk within the limits of the City of Canton, Ohio, and to fix the fee to be charged therefor. Be it resolved by the Board of Health of the City of Canton, Ohio, as follows : Section j. That the milk inspector appointed by the Board of Health of the City of Canton, Ohio, be and he is hereby authorized for and on behalf of the Board of Health of said city to issue permits for the sale of milk within the limits' of the City of Canton, Ohio, upon there being filed with him the certificate and statements provided for in section 96 of the Code of Health laws adopted by said Board, as amended Sep- tember 14, 1898, and for the issuing of such permit he shall be entitled to charge and receive from the person applying for the same, before such permit is issued, the sum of Two ($2.00) dollars. See. 2. These rules and regulations shall take effect and be in force from and after their passage and legal publication. Passed January 3, [899. ED. SEXAUER, Attest: Nice- President of the Board. J. K. MARCHAND, Clerk. BOARD OF HEALTH 363 RULES AND REGULATIONS. Be it resolved by the Board of Health of the City of Canton, Ohio, as follows : Section I. That within thirty (30) days from the passage and legal publication of these orders and regulations, all persons, firms and corpor- ations owning or controlling lots or premises in the City of Canton, Ohio, which abut upon streets, alleys or public grounds in said city, which streets, alleys or public grounds are provided with proper sewerage ac- commodations with which the building or buildings upon said lots or premises can be connected, shall cause sewers or drains to be constructed connecting said building or buildings with such sewers, and all persons, firms or corporations who are now or hereafter may be the owners of lots or premises within said City of Canton, which abut upon any street, alley or public ground, which street, alley or public ground may here- after be provided with proper sewage accommodations, with which the same can be connected, shall cause sewers or drains to be constructed, connecting said building or buildings situated upon said premises with such sewers within thirty days from and after the completion of the same, and it is hereby made and declared to be unlawful to use any cess- pool, vault or other receptacle for the disposal of sewage upon any such lot or premises after the expiration of the period of time hereinbefore stated for making such connections, and said cess-pools, vaults or other receptacles shall be cleaned out and filled up under the direction of the Health Officer. Sec. 2. Whoever shall violate or fail to comply with any of the pro- visions of section 1, except where another penalty is specially provided, shall, upon conviction thereof, be fined not less than Five Dollars ($5.00) nor more than Twenty-five ($25.00) and costs of prosecution. Sec. 3. That certain orders and regulations of the Board of Health, passed September 14th, 1898, entitled "Orders and Regulations govern- ing the connections with main and lateral sewers from buildings situated upon lots or premises which now abut or may hereafter abut upon any street, alley or public ground provided with proper sewer accommoda- tions with which the same can be connected, and to repeal certain Rules and Regulations therein stated," be and the same are hereby repealed. 364 REVISED ORDINANCES Sec. 4. These Orders and Regulations shall take effect and be in force from and after their passage and legal publication. Passed April 2nd, 1901. RULES AND REGULATIONS Of the Board of Health of the City of Canton, Ohio, preventing the plac- ing of manure within 30 feet of any dwelling. Be it resolved by the Board of Health of the City of Canton, Ohio, as follows : Section r. That it shall be unlawful for any person, firm or corpora- tion owning, controlling or occupying any barn or stable to place or cause or permit to be placed, or the same being now so placed, permit to remain any manure from such barn or stable on any lot, ground, street or alley nearer than 30 feet to any house or building used and occupied as a dwelling house. Sec. 2. Any person violating any of the provisions of the foregoing section shall, on conviction thereof before the Mayor, be fined in any sum not more than $25.00 nor less than $5.00 and pay the costs of prosecution. Sec. 3. These rules and regulations shall take effect and be in force from and after their passage and legal publication. Passed September 14th, 1898. JAMES A. RICE. J. F. MARC II AX I). Clerk. President of the Board. RESOLVED, That section 37 of the Rules and Regulations of the Board of Health be amended so as to read as follows : Sec. 37. The Board of Health shall, on the first meeting in February, [899, and biennially thereafter on the first meeting in February, or soon thereafter, elect the following officers to serve for two (2) years, or until their successors are elected. ( )ne person, a practicing physician, to serve as Health Officer, one person to serve as City Physician, one per- son to serve as Clerk of Board of Health, one or more persons to serve as Sanitary Police, one person to serve as Milk Inspector, and one person to serve as Inspector of Meat Shops, Slaughter Houses and Dairies, any two of said offices may be combined and held by one person. Passed February 7th, \X<><>- J. A. RICE, J. F. MARCH. WD, Clerk. President Board of Health. BOARD OF HEALTH — PLUMBING 365 RULES AND REGULATIONS FOR THE CONSTRUCTION OF PLUMBING Adopted by the Board of Health of Canton, Ohio, March 7, 1899. Section 1. No person shall attempt or undertake to construct, build, install or repair any house drainage or to tap any sewer within the City of Canton, Ohio, either for his own account of for any other person or persons, co-partnership or corporation, unless such person or persons shall have first obtained a license from the Board of Health of said city as a regularly licensed plumber. Such license shall be issued onlv after said person shall have satisfied said board as to his proper qualifications; any any such person holding such permit, shall forfeit the same, by fail- ure to comply with any of the rules or regulations covering the con- struction, installing or repair of house drainage or sewer tapping adopted by said board, providing that nothing in the section contained shall be construed as preventing any property owner or tenant who may not have the license herein mentioned from cleaning or placing washers upon any drain pipe. Sec. 2. Any such person desiring to engage in such business of con- structing or repairing house drainage, or making connections with any sewer drain, soil or waste pipe, or any pipe connected therewith in such city, shall make application for a license and shall appear in person at the office of the Board of Health and register his name and business address, and no person other than a duly registered plumber shall be allowed to construct or repair any house drainage, or to tap any sewer drain, soil or waste pipe, or any pipe connected therewith within the City of Canton. A Board of Examiners whose duty it shall be to examine into the quali- 366 REVISED ORDINANCES fications of all persons who apply for such license hereunder, is hereby constituted, the same to consist of the President of the Board of Health, and four (4) practical plumbers (there being no inspector of buildings in said city) two of said plumbers shall be master plumbers, and two shall be journeymen plumbers. The President of the Board of Health shall be a member of said board ex-officio and all of the members of said board shall serve without compensation. Said members shall be ap- pointed by the Board of Health. The first board constituted hereunder shall be appointed by the Board of Health at its first session after the legal passage and publication hereof, which said board shall serve until the first day of August following, and thereafter the members of said Board of Examiners shall be appointed annually on or before the first day of August of each year; said appointments to date from August 1st in each such year, each appointment to be for the term of one year. Said board of examiners shall meet and organize as required by law, and shall perform all duties required of such boards by law, ordinance or resolution of the Board of Health. Sec. 3. Any person, co-partnership or corporation making applica- tion for a license to operate a plumbing business shall accompany his 01 its application with a bond, signed by two or more sureties, to be approved by the Board of Health in the sum of $5,000 conditioned that he or it will employ only regularly licensed plumbers in the construction, building, installing or repairing of any house drainage, or in tapping any sewer within the City of Canton, Ohio, and that he or it will indemnify and save harmless said city from all accident and damage caused by the negli- gence in the performance of his or its work in such plumbing business, of for any unfaithfulness or inadequate work done by him or it under and by virtue of his or its said license, and that he or it will conform in all work done by him or it under such license to all the conditions and re- quirements of said City of Canton for his or its government. Sec. 4. The inspector who is duly appointed as provided by these rules and regulations or existing laws and ordinances shall have authority and power, whenever in his opinion any plumber or sewer tapper, violates any provision, rule or regulation of the ordinances of said City of Canton, to suspend said license; and it shall be the duty of the officer making such order of suspension to report the same to the Board of Health; and BOARD OF HEALTH — PLUMBING 367 if the said Board shall be of the opinion that the charges are well founded they shall revoke said license. Sec. 5. It shall be the duty of the owner, architect or other duly authorized person, when desired by the plumbing inspector, to furnish a plan that shall show the entire system of plumbing and sewerage of a building, which shall be approved by said inspector before any part of the work shall be executed, and every plumber or sewer tapper, before doing any part of the work in a building, shall, except in case of repair, receive a certificate from said inspector that the plans and specifications prepared by the architect or owner for such work have been approved by said in- spector, and are in accordance with these rules and regulations. Plumb- ing work which does not add additional fixtures or cause the entire re- newing or remodeling of any soil or waste pipes, or changing of the system of using such pipes, shall be considered a repair. Sec. 6. All materials must be of good quality and free from any defect. The work must be executed in a thorough and workmanlike manner. The arrangement of soil and waste pipes must be as direct as possible. ,Sec. 7. The drain, soil and waste pipes and the traps must, if prac- ticable, be exposed to view for ready inspection at all times and for con- venience in repairing. When necessarily placed within partitions or re- cesses of walls, soil and waste pipes should be covered with wood work so fastened with screws as to be readily removed ; in no case shall they be absolutely inaccessible. It is recommended to place soil and other vertical pipes in a special shaft adjacent to the water closets and bath room, and serving as a ventilating shaft for them. This shaft should be at least 2 1-2 feet square. It should extend from the cellar through the roof should be coverel by a louvard skylight. It should be accessible at every story, and should have a very open but strong grating at each floor to stand upon. Shafts not less than three feet square in area are required in tenement houses to ventilate interior water closets. Sec. 8. Every building should be separately connected with the public sewer when such sewer is provided and abuts said building on street, avenue or alley, the same to be accessible to said building. The said line of sewer may be laid by a licensed sewer tapper to a point not nearer than three feet to outside foundation of building; all connections must be made by a properly licensed plumber. 368 REVISED ORDINANCES Sec. 9. Drains shall have a fall of not less than 1-8 inch per foot. Sec. 10. No connection from any cesspool or privy vault shall be made to any sewer, nor shall any water closet or house drainage empty into a cesspool or privy vault where a sewer is accessible. If at any time the City of Canton shall construct a sewer which is accessible to abutting property, all systems of drainage shall be connected to the same within a period not exceeding ninety days ; and all special permits for vaults, cesspools or any other system of drainage shall become null and void, and the building shall be subject to these rules and regulations to their full extent and meaning. Sec. 11. The house drain must be of extra heavy cast iron pipe when within a building under ground. It must be laid in a straight line, if possible, and all changes in direction must be made with curved pipes, and all connections with Y branch pipes, and one-eighth bends or sani- tary tees. When water closets discharge into it, the house drain shall be four inches in diameter. Sec. 12. All house drains must be inspected and approved by the inspector ; and when put in and covered, without due notice to him, must be uncovered for inspection at his direction. All notifications of this nature must be in writing, specifying the plan and house number. Sec. 13. Slop sinks may be used in floor or cellars, provided they are placed above a trap not less than four inches in diameter, and with not less than three inches of seal, and a tight connection made thereto ; also said trap must be so placed as to be frequently supplied with clean water to prevent same from drying out, and to be so located that it will not become choked with slacked coal or any other substances which are likely to collect in a cellar. Sec. 14. Every soil and waste pipe must be of cast iron, lead, cop- per or brass, and where it receives the discharge of the fixtures upon anj floor for water closets or waste water must extend two' feet above roof or lop of highest window of undiminished size; also said pipe when in an extension or low part of building must extend above the roof of main building, when otherwise it would Open within fifteen feet of the windows or air shaft, or the adjoining building. Said pipes in no case to be less thai! four inches in diameter above roof. Where pipe passes through roof, roof shall be made water tight. BOARD OF HEALTH — PLUMBING 369 Sec. 15. The minimum diameter of soil pipes for water closets shall be four inches. A vertical waste pipe, into which a line of kitchen sinks discharge shall be at least two inches in diameter, with 1 1-2 inch branches to fixtures. Sec. 16. All cast iron pipes must be sound, free from holes or other defects, and of uniform thickness of not less than 1-8 inch for a diameter of 2, 3 or 4 inches, or 5-32 inch for a diameter of 5 or 6 inches ; and in case the building is over 65 feet in height above the curb, the use of what is known as "extra heavy" pipe and corresponding fittings shall be required. Sec. 17. Traps should be protected from siphonage or air pressure, and the waste pipe leading from them ventilated by a special air pipe, in no case less than two inches in diameter for water closet traps, and 1 1-2 inch for other traps ; and ventilation pipes less than four inches in diam- eter must not be carried up outside the building. In buildings more than four stories in height the vertical vent pipes for water closets must be at least three inches in diameter, with a two inch branch for each trap, and for traps or other fixtures not less than two inches in diameter, with branches 1 1-2 inches in diameter, unless the trap is smaller, in which case the diameter of branch vent pipes must be at least equal tO' the diameter of the trap. In all cases vertical vent pipes must be of cast iron, galvan- ized iron, brass or lead; and only one pipe may be vented off 1 1-4 inch pipe. These pipes must either extend two feet above the highest part of the roof or coping, the extension to be not less than four inches in dia- meter, or they may be branched into a soil pipe not less than four feet above the highest fixtures. They may be combined by branching to- gether those which serve several traps. These air pipes must always have a continuous slope to avoid collecting water by condensation. No trap vent pipe shall be used at a waste or soil pipe. Galvanized iron, brass, copper or lead waste vent pipes may be used. Changes in direction in iron pipes shall be made with curved pipes, and connections with hori- zontal pipes shall be made with Y branches or sanitary T's. No brick, sheet metal, earthenware or chimney flue shall be used as a sewer ven- tilator, nor to ventilate any trap, drain, soil or waste pipe. Sec. 18. Every wash basin, bath tub, sink, urinal, water closet or other fixture connected with the sewer pipe of any building shall be separately trapped as close to the fixtures as possible. Water sealing traps 370 REVISED ORDINANCES EXTRA HEAVY. 5% pounds per foot. dy 2 pounds per foot. 13 pounds per foot. 17 pounds per foot. 20 pounds per foot. 33 pounds per foot. 45 pounds per foot. 54 pounds per foot. of any pattern shall be used when separate air pipe connections from the top of the same are provided. When separate air pipe connections are not provided, traps which will not unseal must be used. A trap will be considered as unsealed if, when siphoned, it shows a water seal less than three-quarters of an inch in depth. This rule does not apply to* traps of water closets. Sec. 19. All cast iron soil, waste or vent pipes, before they are con- nected, must be thoroughly coated inside and outside with coal tar pitch, applied hot, or some equivalent substance. Sec. 20. All drain and anti-siphon pipes of cast iron shall be sound, free from holes, and of a uniform thickness, and shall conform to the following relative weight : STANDARD. 2 pipe 4 pounds per foot. 3 pipe 6 pounds per foot. 4 pipe 9 pounds per foot. 5 pipe 12 pounds per foot. 6 pipe 15 pounds per foot. 8 pipe 25 pounds per foot. 10 pipe 35 pounds per foot. 12 pipe 45 pounds per foot. 2 pipe, 3 pipe 4 pipe 5 pipe. 6 pipe 8 pipe. 10 pipe 12 pipe. All fittings for soil, waste or vent pipes must be of cast iron or cor- responding weights and conditions as above mentioned for soil pipes. Where lead pipe is used to connect fixtures with vertical soil or waste pipes, or connect traps with vertical vent pipes, it must not be lighter than the grade called "extra light." Sec. 21. There shall be no traps or main vertical soil or waste pipes. All connections of lead with iron pipes must be made with an approved sleeve or ferrule of the same size as the lead pipe, put in the hub of the branch of the iron pipe and caulked with lead. The lead pipe must be attached to the ferrule by a wiped or overcast joint. An approved grease trap must be used for fixtures passing much grease in every hotel, restaurant, eating house, or other public cooking establishment; also at meat markets, slaughter or lard-rendering establish- ments, the grease trap should be in a cool place. BOARD OF HEALTH — PLUMBING 371 Sec. 22. All connections of lead pipe must be wiped joints. All joints in the iron drain pipes, soil pipes and waste pipes must be caulked with oakum and lead. Sec. 23. Every water closet, urinal, sink, basin, bath, and every tub or set of tubs, must be separately and effectively trapped. Traps must be placed as near the fixtures as practicable, and in no case shall a trap be more than two feet from the fixtures, except for outside hopper closets. In no case shall the waste from a bath tub or other fixture be connected with the water closet trap. Overflow pipes from fixtures must in each case be connected on the inlet side of the trap. Sec. 24. Any person doing plumbing work within the limits of the City of Canton, Ohio, shall, except in case of repairs or leaks, when said work be ready for inspection, file with the inspector of plumbing in the office of the Board of Health of said city a written application for the inspection of said work, stating therein the location and work to be in- spected, and no such plumbing shall be used by the owner thereof or any other person until same shall have been inspected and approved by the inspector of plumbing and house drainage. All soil, waste and vent pipes must be tested by the plumber in charge, with a water test, as directed by the inspector, and in the presence of the inspector, due notice having been given, stating place and time when ready for such inspection, al) openings haveing been closed by the plumber or person in charge of the work. Pipe joints, fittings or fixtures thus shown to be defective or wrongly placed must be replaced within three days and again tested by the inspector. None of said pipes shall be covered from sight till they have been shown to stand the test prescribed to the satisfaction of the inspector. After the plumbing work of a building has been tested as di- rected, no alteration will be permitted except upon the written applica- tion of the owner or plumber in charge of the work. The said inspector in all cases shall respond promptly. Notice must be sent to the said in- spector when work is sufficiently advanced for inspection. No inspection will be made on legal holidays. Sec. 25. All waste pipes from fixtures other than water closets must be provided at the outlet of such fixtures with strong, durable fixed me- tallic strainers to exclude from such waste pipes all substances likely to obstruct them. 372 REVISED ORDINANCES Every safe under a wash basin, bath, urinal, water closet or other fixture, if drained, must be properly graded to and drained by special pipe not directly connected with the soil pipe, waste pipe, drain or sewer, but discharge into an open sink, upon the cellar floor or outside the house. The outlets of such pipes should be closed by flap valves. The overflow pipes from water closet tanks or cisterns may discharge into the water closet bowls, an open sink, or where its discharge will at- tract attention, anl indicate that waste of water is occurring, but net into soil and waste pipe, nor into the drain or sewer. Rain water leaders must never be used as soil, waste or vent pipes ; nor shall any soil, waste or vent pipe be used as a leader. No plug or stopper shall be put in with cement or any easily removed substance, so that a pipe or fixture could be connected by unauthorized persons, nor shall any opening be left for such a purpose. The waste pipe from a refrigerator shall not be directly connected with the soil or waste pipe, or with the drain or sewer, or discharge into the soil ; it should be discharged into an open sink. Such waste pipes should be so arranged as to admit of frequent flushing and should be short as possible and disconnected from refrigerator. The sediment pipe from kitchen boilers must be connected on the inlet side of the sink trap if connected to waste pipe. Waste tubes from stop cocks shall not be con- nected to any soil or waste pipe. No steam exhaust or blow-off pipe from a steam boiler will be allowed to connect with any soil or waste pipe, or directly with any house drain. They should discharge into a tank or condenser, the waste from which, if to be discharged into a sewer through the house drain, must be properly trapped. Sec. 26. All water closets within a building shall be supplied with water from special tanks or cisterns which shall hold not less than six gallons of water when up to the level of the overflow pipe for each closet supplied, excepting automatic tanks, which shall hold not less than five gallons of water for each closet supplied. The water in said tanks shall not be used for any other purpose. The flushing pipes of all tanks shall not be less than 1 1-4 inches in diameter inside. A group of closets may be supplied from one tank, but water closets on different floors shall not be flushed from one tank. Sec. 27. No water closet, except those placed in a yard or open court, shall be supplied directly from the city supply pipes. When so BOARD OF HEALTH — PLUMBING 373 placed it shall be so arranged as to be conveniently and adequately flushed, and their water supply pipes and traps shall be protected from freezing. The waste water from the hopper cock or valve shall be con- veyed to the drain through a 3-8 inch brass or lead pipe properly con- nected. The enclosure where such water pipe is located shall be ven- tilated by slatted openings or vents through roofs of adequate size. Sec. 28. Water closets must not be located in the sleeping apart- ments of any building, nor in any room or apartment which has not a direct communication with the external air either by a window or an air shaft, having an area to the open air of at least four square feet, without obtaining a special permit. Sec. 29. All water closets within a building using lead connections should have a cast brass flange not less than 3-16 inches in thickness, fitted with a pure rubber gasket of sufficient thickness to insure a tight joint, fastened to the closet and secured to the floor. Sec. 30. Where latrines are used they shall be of iron, properly sup- plied with water, and Iocatel in yard at least twenty feet from building when practicable. - Sec. 31. Whenever any person, firm, corporation, exposition com- mission or the officers of said city or village shall wish to erect a public building or buildings for exhibitions, show or other purposes, and desire to use in the same any materials which do not conform to the require- ments of this act, the same may be authorized by the Board of Health of said City of Canton, provided the plans and specifications for the same meet with the approval of said inspector. Sec. 32. The officers appointed under this act (an act to promote the public health and regulate the sanitary construction of house drainage and plumbing, passed April 21, 1896,) shall, so far as may be necessary for the performance of their respective duties, have the right to enter any building or premises in said City of Canton. Sec. 33. A trap may be placed under a fixture without a separate vent pipe, if it wastes horizontally into, and is not over three feet from a vertical waste or soil pipe that passes through the roof; provided said vertical pipe has no fixtures emptying into it above said trap waste. Prohibited Forms of Water Closets and Traps. Pan Plunger and other water closets having an unventilated space, or whose walls are not thoroughly washed at each discharge, will not be permitted. 374 REVISED ORDINANCES Sec. 34. Wrought Iron Pipe. Wherever in these rules extra heavy cast iron pipe is called for, wrought iron pipe may be submitted, except for horizontal drains ; provided that the fittings used with the wrought iron pipe are especially made for the purpose of ventilation and drainage. If wrought iron pipe be used for ventilating it must be galvanized. All wrought iron must stand the same test as is required for cast iron. Sec. 35. Handholes for cleaning out the house drain or its branches or their traps, must be provided with proper ferrules at least 1-8 inch thick, with brass screw covers made gas tight by proper gaskets. There shall be a Y branch with brass screw cleanout at the foot of each vertical soil or waste pipe, where possible to put same in. Sec. 36. No plumber shall do a portion of any work required by these rules and leave the balance incomplete, nor shall permits be issued for such work. Sec. 37. All fittings for galvanized iron pipe must be galvanized iron or brass, and all fittings and joints for lead pipe must be brass or wiped joints. Sec. 38. Stop and waste or gate valve with waste must be used at entrance of pipes into a cellar or building, and also on pipes used for sprinkling. Stops must be so placed that the user can drain all the pipes. All stops in the ground must be protected by brick, stone or iron pits, well constructed. No wooden pits will be allowed. All the pipes must have a continuous fall of not less than one inch in ten feet. Water pipes must be left easy of future access ; no pipe being in- closed except by panel screwed on and easily removed. The plumber must see that this is done, and not leave it to any one else to look after. A service pipe supplying more than one dwelling, or for the use of more than one separate family in a building, must have a stop and waste for each, so located as to be conveniently used as to prevent freezing if any part of the building is not in use, to shut off leaks, etc. Hydrant and street washer drip holes must be well protected from stopping up, by using at least a bushel of bricks, stones, etc., about them. Sec. 39. ( )ne vertical drawing will be sufficient for a building when it can be made to show all the work. If the work is intricate, and cannot be shown by one drawing, two or more should be made. BOARD OF HEALTH — PLUMBING 375 There must be a separate plan for each house, giving the exact location of the same in the manner specified on the plan, including the ward, block, number, lot number and street number when possible. Every plan must contain a clear description of the plumbing, show- ing size, kind and weight of pipes, and kind of traps, closets and fixtures to be used. Plans will be approved or rejected within ten clays of the time of filing. All drawings must be legibly drawn in ink on heavy white paper or on tracing linen or blue prints. Sec. 40. Plumbers and all their employes when engaged in sewer or plumbing work must have a copy of these regulations with them at all times, and thoroughly familiarize themselves therewith. Sec. 41. The foregoing Rules and Regulations may be changed or altered either in whole or in part at any time by a two-thirds (2-3) vote of the Board of Health. Sec. 42. The plumbing inspector shall use his discretion, and his decision shall be final in regard to work in old or new buildings which cannot be covered by the rules. Sec. 43. Any person or persons violating any section of the fore- going Rules and Regulations shall, upon conviction thereof before the Mayor, be fined in any sum not exceeding fifty ($50) dollars nor less than five ($5) dollars and costs of prosecution for each and every violation thereof. Resolved, That a true record of all cases of tuberculosis within this city be kept on file by the Board, and the Clerk notify all physicians to report the same and place of residence of all cases that come under treat- ment, and if death follows, the sanitary officer upon due notice shall cause said home to undergo fumigation so no possible chance for any bacteria to exist. The cost of postage of notification of each case shall be paid by the Board of Health. Any physician not reporting said case, upon conviction, shall pay a fine of not less than Ten Dollars, and not more than Two Hundred Dollars, and the cost of prosecution. The contents of this resolution shall be in effect on and after the adoption and legal publication of the same. Passed February igth, 1906. J. F. MARCHAND, Clerk, JAMES H. ROBERTSON, Mayor. BY-LAWS, RULES AND REGULATIONS OF THE CANTON WATER WORKS As adopted by The Board of Public Service. BOARD OF PUBLIC SERVICE. "Resolved, by the Board of Public Service of the City of Canton, Ohio, that the following- By-Laws, Rules and Regulations for the government, management and protection of the Water Works of the City of Canton, Ohio, be, and the same are hereby adopted, viz :" Article I. The Board of Public Service will meet for the transac- tion of business of the Water Works Department, every Monday, at i 130 p. m., and at such other times as they may deem necessary. A majority of said Board shall constitute a quorum. A record shall be kept of their proceedings. Article 2. The Board of Public Service reserves the right to order the removal of an appointee above the grade of laborer in the Water Works Department for a specified time, by giving thirty days' notice. Said appointees are also required to acquaint the Board of their inten- tion of leaving their positions thirty days before so doing. Provided, in case of incompetency, or misconduct of any person in his position, the Board reserves the further right of removing him without such previous notice. SUPERINTENDENT. Article 3. The Superintendent shall give a surety bond to the ap- proval of the Board of Public Service in the sum of one thousand dollars, conditioned for the faithful discharge of his duties. All employes above 378 REVISED ORDINANCES that of laborers shall be appointed by the Board of Public Service. No supplies shall be purchased in excess of ten dollars except by consent of at least two members of the Board of Public Service. It shall be the duty of the Superintendent to see that the By-Laws and Resolutions are executed ; that the conditions of all contracts, by or with said works, are faithfully complied with ; and to audit all accounts and claims, and submit the same to the Board of Public Service, with such explanations as will enable them to act advisedly thereon. He shall, have charge of the Water Works buildings, engines, pumps and all ma- terial of every kind belonging to the Water Works, and general control of the running of the engines and machinery, and see that the several employes connected with the works faithfully discharge their duties, and have a general supervision over all the operations and interests of said works, and keep the Board informed as to the condition of the works, with such suggestions as he may deem for the interest of the department. He shall supervise and direct all street extensions and laying of service pipes, and see that plumbers and pipe fitters comply with the rules of the Board of Public Service, and see that all trenches are re-filled and re- paved without unnecessary delay, and in case trenches are open during the night, have the same properly protected by barriers and signal lights. And at the end of each quarter, he shall make a report in writing to the Board of Public Service, of the condition of the works, in all its depart- ments, and perform such other duties as the Board of Public Service may prescribe. SECRETARY. Article 4. The Secretary shall give a surety bond, to the approval of the Board of Public Service, in the sum of five thousand dollars, con- ditional, for the faithful discharge of his duties, and it shall be his duty to have the care and safe-keeping of the books and papers belonging to the Water Works ; to keep a correct account of all receipts and disbursements and other transactions with the Water Works; to keep a register of all consumers, collect all water rents, and other money due the works, and each month submit to the Board of Public Service an itemized statement of the receipts and disbursements, and in January and July of each year submit to said Board a full and detailed report for the year ending with CANTON WATER WORKS 379 January first, and at the same time make settlements with the City Treas- urer, and such other duties as the Board may prescribe. All money received by the Secretary on account of the Water Works shall be paid weekly into the city treasury, and oftener if he has received the sum of five hundred dollars, and a receipt taken for the same, and all moneys paid into the city treasury on account of said works shall be placed to the credit of the Canton Water W'orks, to which use they are exclusively appropriated, and shall not be paid out, except on the order of the Board of Public Service. WATER RENTS. Article 5. All water rents are due and payable semi-annually, in advance, in the months of January and July, at the office of the Board of Public Service, Water Works Department. All persons paying their water rents on or before the above dates, shall me allowed a discount of 10 per cent. Consumers whose water rents are unpaid by March 1st, and September 1st, all water shall be shut oft'. Bills for meter rent shall be rendered every three months, and if paid within ten days from the date of the bill, a discount of one cent per thousand gallons will be allowed. PERMITS. Article 6. Applications for permits to connect service or supply pipe with the distributing pipes, must be made to the Secretary, and the sum of five dollars paid in advance for inserting three-fourth inch pipe ; eight dollars for one-inch pipe; twelve dollars for one and one-quarter inch pipe ; fifteen dollars for one and one-half inch pipe ; eighteen dollars for two-inch pipe, and canveying the same to the line of the curb stone, except on paved streets, where the sum of five dollars shall be added, and the permit shall be the plumber's or pipe fitter's authority for connecting house pipes with the street service, laying pipes, or doing all plumbing work for which the permit was granted, subject to the By-Laws and Regulations relating to the same. Persons occupying adjoining lots may join in obtaining permits if in the opinion of the Superintendent it may be done without detriment to the works, in which case a single service may be laid to the curb stone and divided, giving each person an independent service, and the costs of 380 REVISED ORDINANCES such permits shall be four dollars for each until otherwise provided. Ser- vice pipes already in, and supplying two or more distinct premises or tenements, must be provided with separate and distinct stop-cocks for each tenement, on the outside of the same. ADDITIONS OR ALTERATIONS. Article 7. No addition to or alteration whatever, of any tap, pipe, water-cock, or other fixtures, shall be made except through a duly licensed plumber, and permission regularly obtained from the Water Works office. Applicants for water must state fully all purposes for which they require it, and must answer fairly and without concealment the neces- sary questions relating to the number of rooms, cisterns, accessibility of neighbors, and all possible illegal use of water. Out door hydrants will not be allowed, if water is permitted to be used by parties outside of the family. PLASTERERS, BRICK LAYERS, AND OTHERS. Article 8. Plasterers, brick layers and stone masons are specially notified not to take or use water from the Water Works without a build- er's permit for every separate job, and all owners or occupants are strictly prohibited from furnishing water, or allowing the same to be taken from their hydrants by any person, without a permit signed by the Secretary of the Water Works. For any violation of this rule a penalty of ten dollars will be incurred, and the use of the water will not be allowed on the premises until the same is paid. STREET EXTENSIONS. Article 9. Parties desiring street extension of water pipe must apply to the Superintendent for a blank form of petition, which, when properly signed, and all the conditions thereon fulfilled shall be filed with him, and he shall bring the same regularly before the Board of Public Service for final action thereon. WATER TAKER'S PENALTY. Article 10. Any consumer who shall habitually permit others, not members of his family, to use water from his or their pipe, and any one CANTON WATER WORKS 381 who shall thus obtain water, shall be fined in a sum not less than five dollars, and not exceeding twenty dollars. And in all cases where any servant, apprentice, minor or employe, shall be guilty of any breach of the foregoing rules and regulations, the master or mistress, employer, parent or guardian of such person shall be responsible. It shall be unlawful for any person to take or use water from hydrants or other fixtures attached to said Water Works, until he, she or they have obtained a permit, and paid for the use of the water, nor shall water be used for any other purpose than such as has been agreed for, and set forth in the bill of water rent, and when a hydrant or other fixture sup- plies more than one family, or more than one hydrant is taken from the same private pipe, or they are so situated that they are exposed, or liable to be used in common by different families, or purposes, all such hy- drants, families, or purposes, must be entered or included in one bill, and the owner of the property shall become responsible for the payment of water rent, and the proper use of water. And in all cases of misuse or waste of water, the water shall be turned off, and the unexpired term for which the water may have been paid shall be forfeited. SERVICE PIPES. Article 1 1. No pipes shall be laid at a less depth than forty-eight inches below the surface of the street, alley or yard, and every private pipe connected with the works shall have a stop-cock inserted in the pipe in such a situation as to be accessible from the street or alley, with an opening around the same of at least three inches square, walled or cased up with iron, and secured at the top with an iron cover, and when a street or alley is broken up to lay down or repair a pipe, the hole or trench shall be covered up before dark of the same day, and the surface put in good condition without delay. A violation of the provisions of this section shall subject the offender to a fine of any sum, not exceeding five dollars and costs, in addition to the expense of making good the defect. INSPECTION OF PREMISES. Article 12. The Superintendent and proper officers of the Board of Public Service shall have free access, at all reasonable hours, to all 382 REVISED ORDINANCES parts of the premises to which water is supplied, to make necessary exam- inations. And the Board reserves the right to apply a meter to any service pipe, where they deem it advisable. FIRE HYDRANTS. Article 13. It shall be unlawful, except in time of fire, to take water from any public cistern or fire plug, or turn any public or private stop- cock, or in any way or manner injure the builings, water source or other apparatus belonging to the Canton Water Works ; and the person so offending shall be subject to a fine in any sum not exceeding one thous- and dollars, with the cost of suit and amount of damages sustained, or im- prisoned not more than thirty days, or both. FINES AND PENALTIES. Article 14. No person shall put any filth, animal or vegetable mat- ter, chips, shavings, or any other substance on the Water Works grounds, or do any other injury thereto, or deposit or throw any filth, dead animals " or carcasses, into the West Branch of the Nimishillen Creek, or bathe in the same, for a distance of ten miles beyond and outside of the corporate limits of the City of Canton, and at no place within such limits. Any per- son violating any of these provisions shall, upon conviction thereof, be fined in any sum, not less than five nor more than one hundred dollars, or be imprisoned not less than ten nor more than thirty days, or both, at the discretion of the court, and be liable for all damages and costs accruing from such violation, and the prosecution thereof. PLAT OF EXTENSIONS. Article 15. The City Civil Engineer shall make a plat of all exten- sions of mains, and shall set grade stakes for all such extensions, under the direction of the Board of Public Service, and the Superintendent of the Water Works. CANTON WATER WORKS 383 RULES AND REGULATIONS GOVERNING THE USE OF WATER FROM THE CANTON WATER WORKS Hydrants, plugs, stop-boxes, and all other attachments must be kept in complete repair by the owner or occupant, and protection from frost at their own expense ; they must provide a stop and waste-cock, and have the pipes so arranged that the water can be drawn from them when there is danger of its freezing. The following abuses are absolutely prohibited, to-wit : ist. In no case will hose be allowed for the purpose of sprinkling- sidewalks, gardens or washing carriages, or other vehicles, with outflow on nozzles greater than one-fourth of an inch in diameter. Any violation of the foregoing rule will subject the offender to have the water turned off immediately, and the unexpired term, for which the water may have been paid shall be forfeited. 2nd. Permitting leaks. 3rd. Allowing water to flow unnecessarily while washing pavements, or for other purposes. 4th. The use of worn out or leaky hose, or the use of hose without washers in the couplings. And in all cases where more than one family or other consumer is supplied with water from a pipe or pipes governed from one stop, the property owner shall be responsible for the keeping in good repair of all pipes, hydrants, etc. RENTED HOUSES. All owners of lots intending to build, or repair any building thereon, in which water from the Water Works is to be used for building or re- pairing purposes, shall make application in writing to the Secretary of the Water Works for a permit to use the hydrant water, and said owner 384 REVISED ORDINANCES or occupants of lots must become responsible for the payment of such water rent, and the proper use of the water. Whenever two or more parties are supplied with water from the same service pipe, the failure of any one of said parties to pay the rent, when due, or comply with the published rules and regulations of the Board of Public Service governing the Water Works department, the supply of water to such service pipe shall be withheld, without liability in damages to any of the other parties beyond the forfeiture of the amount paid, or said amount due may be certified to the County Auditor and placed on the tax duplicate, and collected as other taxes, as provided by law. THE USE OF HAND HOSE. The use of hand hose is permitted at all hours of the day for any ot the purposes named in the permit, to-wit : Washing sidewalks, walks, steps, windows and fronts; and the sprin- kling of streets, yards and gardens will be allowed only between 5 130 to 8 130 a. m. and 5 130 to 8 130 p. m., except in case of fire, or when there is an alarm of fire ; during such time the use of hand hose is positively prohibited for any of the uses heretofore enumerated, and any person so offending shall be fined in a sum not exceeding ten dollars. The regular water rent for sidewalks, street or garden sprinkling will be based on such use, only for dust laying or sprinkling purposes, fairly applied ; and any excessive or unreasonable use thereof for these or other purposes is prohibited. Street sprinklers or garden hydrants must not be allowed to run to waste, nor be converted into jets; neither may they be used for sprinkling or washing the premises of adjoining or opposite properties or occupants. Any person desiring to discontinue the use of water must give notice thereof in writing to the Secretary. Any person using water for sprinkling purposes only shall pay rent for the full year. STEAM BOILERS. Steam boilers taking a supply of water directly from the service pipe, depends upon the hydraulic or hydrostatic pressure in the pipe system of the Water Works for supplying such boilers under working CANTON WATER WORKS 385 pressure, are required to have tanks erected that will contain an ample quantity of water for supplying such boiler or boilers, for at least ten hours, in case the water is shut off for necessary repairs or extensions, as the Board will not be responsible for any accidents or damages to which such devices are frequently subject. All consumers using hot water pipes must supply their premises with automatic pressure regulators, for the purpose of guarding against increase of pressure in mains, as the Board will not be responsible for any damage resulting from increase in pressure. The Board reserves the right at all times to shut off the water for necessary repairs, extensions, or other necessary purposes of the works, or for neglect or refusal to comply with the rules of the Board. It is sometimes necessary to shut off the water in making repairs and new connections with the mains. The Board will notify water con- sumers of the same as a general rule, but in case of emergency, should they fail, as soon as it is discovered that the water is off, open the hot water faucet of the domestic boiler, and let it remain open until the water runs. This will prevent accident by allowing steam to escape from the boiler. GENERAL RULES. The water will be shut off without notice if parties violate any of the rules, or allow water to run to waste. The, : jBoard reserves the right in all cases to test the quantity of water actually supplied to any person or premises, by the application of a meter; and to revise and adjust all contracts made for the use of water, upon the basis of such actual quantity as the application of such test shall disclose. In all occupied premises every private fountain, hydrant, bath or water closet, wash basin, sink or other fixtures, whether used or not, will be deemed and held as used, and will be charged for, so long as such ap- paratus shall remain connected with the city pipes, unless the owner shall give a written notice to the Secretary of its disuse, when a disconnection will be made, at the expense of the owner or occupier of the premises. A stop and waste cock shall be placed inside of each service stop for the purpose of emptying the pipes in buildings where necessary ; such stops shall be located just inside of buildings, so as to be easily accessi- 386 REVISED ORDINANCES ble and protected from frost, and shall be equal in strength to the ferrule in the street main. No hydrant, except public drinking fountains, shall be placed within the limit of any street, except such hydrant is securely closed and pro- tected against general use, and no drinking fountain shall be erected for public use which has openings by which it can be used as a source of domestic supply. In sprinkling streets each water taker shall confine himself to the front of his premises and half the width of the street in front thereof. In all cases where the water has been turned off for any cause, and has been turned on again by an unauthorized person, the person so turn- ing it on shall, on conviction be fined in a sum not less than ten or more than twenty-five dollars, and cost of suit. Yard fountains or hydraulic elevators shall be used subject to the reserved right to suspend their use whenever the public exigency may require. Sill or wall cocks must be put in for sprinkling or sidewalk washing, where buildings are on the lot line of street ; no street washer will be allowed on sidewalks. In case the water has been turned off for non-payment of water rent, or for any violation of the rules and regulations of the Water Works Department, one dollar will be charged, in addition to all arrears, for having the water turned on again. In case of making repairs to the water pipes, the actual expense of having the water turned off will be charged the consumer. In case where water has been turned off for non-payment of water rent, or for any other cause, or when, in the opinion of the Superintend- ent, turning off the water at the stop cock is not a sufficient protection against the further use of the water, he may cause the ferrule to be with- drawn, and upon a re-application for water where the water has been turned off, and the ferrule has been withdrawn, an additional charge of five dollars for re-inserting it will be made. PRIVATE FIRE PROTECTION. If proprietors of lumber yards, manufactories, halls, stores, hotels or public buildings who arc regular consumers <>f water, wish to lav large pipes with hydrants and hose couplings, to be used only in case of fire, CANTON WATER WORKS 387 they will be permitted to connect with the street mains upon application to the Board, and under their direction — at their own expense, and will be allowed the free use of water for fire purposes only, but the tapping of such line for any other purpose shall be prohibited, and will be turned off if so used. PLUMBERS AND PIPE FITTERS. Any plumber or pipe fitter wishing to do business in connection with the Water Works, shall, before receiving a license to do so, file in the office of the Water Works his petition in writing, giving the name of the firm and of each member thereof, and place of business, asking to become a licensed plumber or pipe fitter in connection with said Water Works, stating his willingness and consent to be governed in all respects by the By-Laws and Regulations of said Water Works, and every plumber or pipe fitter shall be subject and conform to all and singular the By-Laws, Regu- lations and penalties which now exist, or may hereafter be passed by said Board of Public Service. Said petition must be signed by two respon- sible citizens, vouching for the business capacity and reputation of the applicant, and for his worthiness to receive license. Before receiving a license the applicrnt shall execute a bond with two or more sureties, to be approved by the Board of Public Service, in the sum of five hundred dollars, conditioned that he will indemnify and save harmless the City of Canton, or Board of Public Service, from all accidents and damages, caused by any negligence in protecting his work, or by any unfaithful or inadequate work, done by virtue of his license, and that he will also replace and restore the pavement over any opening he may have made to lay service pipe, or for other purposes, to as good state and con- dition as he found it, and keep and maintain the same in good order, to the satisfaction of the Board of Public Service and the Superintendent of the Water Works, for the period of one year, thereafter, and that he will pay all fines imposed on him for a violation of any By-Laws or Regu- lations established by the Board of Public Service. No person shall be allowed to do any work in connection with the Water Works unless he be a regular licensed plumber, having first obtained a license from the Board of Health and also of the Board of Public Service, excepting how- ever manufacturers who are permitted to do their own plumbing work, in 388 REVISED ORDINANCES connection with their own establishments, having first obtained a license to do such work, and all such changes must be reported in writing imme- diately after completion of each change or addition to water pipes. Licenses will be issued by the Secretary upon the order of the Board of Public Service. Any plumber or pipe fitter who, shall be guilty of a violation of any of the By-Laws and Regulations adopted by the Board of Public Service, shall forfeit his license, and shall be subject to a fine, upon conviction,, of not less than ten or more than one hundred dollars. A forfeiture of the license of any plumber shall operate as a sus- pension of the license held by any co-partner in the same business, or any person in his employ. All lead pipes used for plumbing houses shall be the kind known as "extra strong," and no pipes of lighter weight will be permitted ; and all galvanized pipes used for house service must be submitted to, and with- stand, a hydraulic pressure of two hundred pounds per square inch. No plain pipe will be allowed under ground. Within ten days after completing any attachment or connection, the plumber or pipe fitter shall make a true return, in writing, on a blank form furnished by the Secretary, of the number of rooms in the premises, or other contemplated use of the water therein, according to the rules and regulations and the tariff of water rates, and file the same in the office of the Secretary, as the water will not be turned on to any premises until complete returns are made by the plumber or pipe fitter. SPECIAL NOTICE TO PLUMBERS. No plumber or other person shall make any attachment to any old pipe or water fixture, in premises from which the water has been shut off, and the supply discontinued, unless the party desiring such work to be done shall first make application and obtain a re-issue and permit for the same. Nor shall any plumber or other person make alterations in any pipe or water fixture attached to the Water Works distributing pipes, to conduct water into adjoining premises, or into stables, baths, water closets, fountains, or for any purpose whatever, without application hav- ing been first made, and a written permit obtained, from the Secretar\ for each and every separate job of such modifications, and in no case CANTON WATER WORKS 389 shall any plumber, after the completion and trial of any job of plumbing work, be it the first introduction of pipe, an extension or an alteration, leave the water on the premises, but shall, in all cases, close the stop cock on the sidewalk, and return his permit with the proper return, set- ting forth, in the case of first introduction, the purposes for which water is used, and number of draws, etc., and in the case an extension or alteration, the nature of such extension or alteration. For the purpose of removing stop box covers, whenever necessary, plumbers shall provide, and in all cases use, the proper key or wrench for each of the several kinds of covers which are now, or may hereafter be in use, and under no circumstances shall a cold chisel or other improper tool be used for such purpose. Covers, when replaced, must be left firmly secured, so that same cannot be removed by hand, and in any case when this is impossible, by reason of the cover being- in bad order, it shall be the duty of the plumber to at once report to the superintendent, and the plumber shall pay all damages to all fixtures and all boxes not properly set by them. 390 REVISED ORDINANCES TABLE "A." Showing the discharge of water by pipes of different lengths under various heads, under the domestic pressure of the Canton Water Works, and the size of street service pipes used : Head in Feet. 50. 80. 100. 125. 150 175 200. 225 250. 275. 300. Pressure in Pounds Per Square Inch. 2165 34 65 43 3i 54.15 64.97. 75-8o. 86 63. 9746 108.29. 119. 12. 129-95 ^ Inch Pipe. Length in Feet. 40 o g a 18.21 23 03 25 75 28 79 31-53 34 06 36 41 3862 40 71 42 70 44 66 60 u o g " a co -r O S 15 06 I9-05 21 31 23.82 26 09 28 18 30 12 31 95 33 68 35-32 36 90 80 S G OS 12 86 16 61 1857 20 76 22.75 2456 26 26 27.86 29 36 30 80 32.16 100 p z c 3 S c co • ~ OS H-55 14.91 16.68 :8 64 20 43 22 06 23 59 25 02 26 37 2765 28 88 1 inch Pipe. Length in Feet. 40 G o g 73 g cC • ~ OS 37-77 47 77 53 4i 59-71 65 4i 70.66 88.57 92 51 60 G Z 5=2 G os 3137 39.68 44 37 40.60 54 34 58.69 62.73 66.55 70.14 73 57 76.84 80 u C G 3 G CO 'JT OS 27 41 34 67 38.76 43-34 47 47 51.28 54 82 58.14 61.29 64.28 67-13 100 u V P. G « O G Ph G co OS 2415 31.18 3485 38 97 42.69 46.11 49.29 52.28 55 11 57-8o 60 37 1% Inch Pipe. Length in Feet. 40 a V Q -t-> O G 71 G cO 12 OS 65.80 8323 93. c6 104.04 113 97 123.10 131 60 139-59 147 13 154 31 161 18 60 G Z O G S Q 03 54.87 69.40 77.59 86.75 9503 102.65 109 73 116.39 122 68 128.67 134 39 80 O G £3 G OS 48.03 60.76 67.93 75 95 83.20 89.86 96.07 In I 89 IO7.40 112 64 II7.63 100 O G 3 Q 5s 43 25 54-7Q 61.16 69.38 74.91 80.91 86 50 91-74 96.71 101.42 105.93 \ l / 2 Inch Pipe. Length in Feet. 40 3 2 O G 3 G co a OS '03 45 130.84 146.30 163 56 179 I 8 193-53 206.90 219-45 231.32 242.61 253-8o 60 O G G3 G CO 'J OS 86.57 109.51 122.43 136.87 149-93 161.96 173-15 183.65 193-59 203.03 212.06 80 G Z O G ?2 G co a OS 75 94 96.06 107.40 120.07 i3!-54 142.07 151.88 i6r.io 169.81 178.10 186.02 100 G 2 O G Ch G co OS 68.46 86.60 96.82 108 24 118.57 28.07 136.92 145.22 15308 160.59 167.70 2 Inch Pipe. Length in Feet. 40 G Z O G S G CO g OS 60 O G 3 G OS 208.63 263.90 29505 329-88 361.36 390.32 417.26 442.59 466.52 489.30 511.04 17581 222.39 248.64 278.00 30452 328.92 351.63 372.97 393.14 412.33 430.66 80 O G ?3 a co -j^ OS 154.80 195.81 218.93 244.77 268 13 289.61 309.61 328.39 346.16 363- 05 379.20 100 G -M O G S G CO -Tl OS 139 88 176 94 197.82 221.17 242.29 261.70 279.76 296.74 312.79 328.06 342.64 Street service pipe will generally be one-eighth inch larger than accompanying ferrules. CANTON WATER WORKS 391 TARIFF OF WATER RATES. Banks, telegraph offices, express offices, etc $5-00 Store rooms, without dwellings 5.00 Street sprinkling with the above i.oo Bakeries to be assessed or metered Barber shops, one chair 8.00 Barber shops, each additional chair 3.00 Bath tubs — public — to be assessed or metered Blacksmith shops, one fire 3.00 Blacksmith shops, each additional fire 1.00 Saloons, to be assessed or metered Breweries, to be assessed or metered Distilleries, to be assessed or metered Dwellings, not exceeding four rooms 5.00 Dwellings, each additional room to six 1.00 Dwellings, each additional room after six 50 To dwelling rates add $1 where street or lawn sprinkler is used Fountains, to be assessed or metered Foundries and machine shops to be assessed or metered. . . . Gas works, to be assessed or metered Hotels, to be assessed or metered Livery or boarding stables, to be assessed or metered Laundries, to be assessed or metered Offices 5.00 Outside water closets, without house use, for each family or store. ... 5.00 Outside water closets, with house use, for each family or store etc. . 2 : oo Stables, private, per horse or cow 1.00 Street sprinklers, city lot per season 5.00 Water, for building, per M brick 03 Water for building, per perch, stone 02 Water, for building, plastering per 100 yards 15 Water, for cement work, to be assessed 392 REVISED ORDINANCES METER RATES. The Meter Rates shall be seven cents ($ .07) per thousand gallons, but the minimum rate shall not be less than 50 cents per month. And, in addition, Meter Rents to be as follows : 5- 8 and 3-4-inch meters $ 2.00 per year 1- inch meters 3.00 per year 1 1 -2-inch meters 4.00 per year 2- inch meters 6.00 per year 3- inch meters 8.00 per year 4- inch meters 10.00 per year 6- inch meters 12.00 per year Any consumer using ten times the amount of water that he is charged meter rent, shall be rebated the amount of meter rent from the regular bills. All consumers of water from the Canton Water Works, residing out- side of the city limits, will be charged ten per cent additional to the city rates. Steam boilers will be rated according to the horse power. For example : A 1 -horse power boiler will consume five gallons of water per hour, or fifty gallons per day of ten hours. The price per 1,000 gallons to be charged as per Meter Rate. Public buildings, churches, opera houses, and all uses not stated to be assessed or metered. All prosecutions for the violation of any of the provisions contained in the above enumerated By-Laws and Regulations shall be prosecuted before the Mayor of the City of Canton, upon complaint in writing being- first duly made and filed before such mayor, by any person or persons. And the manner of procedure thereafter before the Mayor shall be the same as in other prosecutions for the violation of the City Ordinances. And all By-Laws, Rules and Regulations heretofore made, passed or adopted, and now in force, to be, and the same are hereby repealed. The Board reserves the right to alter and amend the above schedule of rates, as it may become necessary. Adopted by the Board of Public Service, December 7th, 1903. CITY OFFICERS 394 CITY OFFICERS NOTE The records of the Trustees of the Town of Canton and of the Coun- cil of the City of Canton prior to the year 1858, were lost about thirty- eight years ago and there are no means whereby a complete list of the officers prior to the year 1858 can be obtained. The following is a list of the Mayors of the Town of Canton and of the Mayors, Solicitors, City Clerks, Marshals, Street Commissioners, Market Masters and Councilmen of the City of Canton so far as they can be ascertained from the records preserved in the City Clerk's office. • CITY OFFICERS 395 TOWN OF CANTON MAYORS. John Myers. 1838 to 1839. Jacob Rex, 1839 to 1840. John Myers, 1840 to 1841. William Bryee, 1841 to 1842. Lewis Vail, 1842 to 1844. Geo. Dunbar, Sr., 1844 to 1845. Z. Snow, 1845 to 1846. C. C. A. Witting, 1846 to 1847. Daniel Gotshall, 1847 to l8 4 8 - C. C. A. Witting, 1848 to 1849. D. H. Harmann, 1849 to l &5°- J. G. Lester, 1850 to 1852. B. F. Leiter, 1852 to 1853. John Lahm, 1853 to 1854. CITY OF CANTON MAYORS. B. F. Leiter, 1854 to 1855. Peter Chance, 1855 to March, 1859. 396 CITY OFFICERS l8 5 8. PETER CHANCE, Mayor. G. W. McMillin, City Clerk, pro tern. Council. Thomas Goodman, Pres., John Maline, Lewis Miller, Joseph H. Miller, Adam A. Shorb, William Prince, Henry Bockius, John R. Poyser. J. C. BOCKIUS, Mayor, March, 1859, to April, 1859. H. P. DUNBAR, Mayor. E. M. Grimes, City Clerk. Charles F. Manderson, City Solicitor. Daniel Dewalt, City Marshal. Council. Thomas Goodman, Pres., Lewis Miller, Joseph H. Miller, Benjamin F. Leiter, Henry Bockius, James S. Rider. William Prince, John Maline. CITY OFFICERS 397 i860 H. P. DUNBAR, Mayor. E. M. Grimes, City Clerk. Charles F. Manderson, City Solicitor. Jonathan Oldfield, City Marshal. H. P. DUNBAR, Mayor, to May, 1861. S. MEYER, Mayor, to September, 1862. E. M. Grimes, City Clerk. Tames D. Brown, City Solicitor. Joseph Rigler, City Marshal. Council. Daniel Gotshall, Pres., Lewis Miller, R. C. Latimer, William Prince, Daniel Risher, D- H. Harmon, Lawrence Bechel, John Maline. 1861. Council. David H. Harmann, Pres., Daniel Risher, Ignatius Piero, Peter Myers, John M. Schneider, Louis Miller, Lorenz Bechtel, William Prince. 398 CITY OFFICERS 1862. S. MEYER, to September, 1862. J. CREVOISIE, from September, 1862. E. M. Grimes, City Clerk. James D. Brown, City Solicitor. Joseph Rigler, City Marshal. JOSEPH CREVOISIE, Mayor. Joseph Trout, City Clerk. James D. Brown, City Solicitor. Joseph Rigler, City Marshal. Council. John Maline, Pres., John M. Schneider, Ignatius G. Piero, Peter Myers, Isaac Hazlett, Jacob Schotts, Louis Schaefer, Louis Miller, 1863. Council. Louis Miller, Pres., Jacob Schotts, ! ,< mis Schaefer, John Maline, William Anderson, Gecrge Gibbs. Isaac Hazlett, [gnatius Piero, CITY OFFICERS 399 1864. JOSEPH CREVOISIE, Mayor. Joseph Trout, City Clerk. James D. Brown, City Solicitor. T. C. Nighman, City Marshal. Council. William Anderson, Pres., Louis Schaefer, Ignatius Piero, Louis Miller, John Maline, William Wyant, Jacob Shotts, Geoge Gibbs. 1865. W. W. CLARK, Mayor. Joseph Trout, City Clerk. Louis Schaefer, City Solicitor. Peter J. Keefer, City Marshal. Council. George Wolf, William Wyant, Louis Ohliger, George Gibbs, William Anderson, Pres-, Jocab Shotts, Louis Schaefer, Nicholas Bour, 400 CITY OFFICERS 1866. W. W. CLARK, Mayor. Joseph Trout, City Clerk. Louis Schaefer, City Solicitor. Joseph Rigler, City Marshal. Council. William Anderson, Pres. George Wolf, Louis Ohliger, George Gibbs, Henry Deweese, George Rank, Louis Schaefer, Amos Vogelgesong. 1867. DANIEL SAYLER, Mayor. Joseph Trout, City Clerk. William A. Lynch, City Solicitor. Joseph Rigler, City Marshal. Council. W illiam Anderson, Pres., I [enry I )eweese, John Shilling, Jacob Miller, George Rank, Louis Schaefer, K. J. Lindeman, Anthony Walter, CITY OFFICERS 401 1868. DANIEL SAYLER, Mayor. Joseph Trout, City Clerk. William A. Lynch, City Solicitor. George W. Oldfield, City Marshal. DANIEL SAYLER, Mayor. Joseph Trout, City Clerk. William A. Lynch, City Solicitor. George W. Oldfield, City Marshal. C. B. Anthony, Street Commissioner. Council. William H. Wyant, Pres., William Anderson, John Schilling, F. J. Lindeman, Jacob Miller, George Rank, Louis Schaefer, Peter Myers, 1869. Council. Daniel Worley, Pres., Peter Myers, Jacob Hawk, F. J. Lindeman, Louis Schaefer, John Shimp, William Wyant, James A. Saxton. 402 CITY OFFICERS 1870. DANIEL SAYLER, Mayor, to July, 1870. S. SL ANKER, Mayor, July, 1870, to September, 1870. H- S. BELDEN, Mayor, September, 1870, to 1871. Joseph Trout, City Clerk. William A. Lynch, City Solicitor. George W. Oldfield, City Marshal. C. B. Anthony, Street Commissioner. R. S. SHIELDS, Mayor. Joseph Trout, City Clerk. William A. Lynch, City Solicitor. George W. Oldfield, City Marshal. Isaac J. Numan, Street Commissioner. Council. Daniel Worley, Pres., William Anderson, Louis Schaefer, George W. Henning, J. S. Lindsey, Jacob Hawk, John Shimp, John Raber. 1871- Council. James W. Underhill, Pres., George Cook, Henry S. Belden, George Bender, Louis Schaefer, J. S. Lindsey, William Anderson I). YV- Stabler. CITY OFFICERS 403 1872. R. S. SHIELDS, Mayor. Joseph Trout, City Clerk. William A. Lynch, City Solicitor. George W. Oldfield, City Marshal. Isaac J. Numan, Street Commissioner. R. S. SHIELDS, Mayor. Joseph Trout, City Clerk. William A. Lynch, City Solicitor. George W. Oldfield, City Marshal. Levi McKinney, Street Commissioner. Council. James W. Underhill, Pres., George Cook, Henry S. Belden, George Bender, Ira M. Allen, Daniel Cobaugh, George Schelbach, D. W. Stabler. 1873- Council. Ira M. Allen, Pres., Daniel Cobaugh, George Schelbach, D. W. Stabler, John Baker, George Cook, Lawrence Bechtel, Joseph Schott. 404 CITY OFFICERS 1874. R. S. SHIELDS, Mayor. Joseph Trout, City Clerk. William A. Lynch, City Solicitor. George W. Oldfield, City Marshal. Levi McKinney, Street Commissioner. Christian Volzer, elected December 12, 1874, unexpired term of John Baker. Paul Field, elected at special election, David Lind refusing to serve. A. D. BRADEN, Mayor. Joseph Trout, City Clerk. Henry A. Wise, City Solicitor. John Webb, City Marshal. Levi McKinney, Street Commissioner. Council. James W. Underhill, Pres. George Cook, Lawrence Bechel, Joseph Schott, John Baker. Daniel Cobaugh, C. L. Reifsnider, Leopold Biechele, 1875- Council. James W. Underhill, Pres., R. A. Cassidy, James Campbell, Peter E. Barlet, John Leininger, Daniel Cobaugh, Leopold Biechele, C. L. Reifsnider. CITY OFFICERS 405 1876. A. D. BRADEN, Mayor. Joseph Trout, City Clerk. Henry A. Wise, City Solicitor. John Webb, City Marshal. Levi McKinney, Street Commissioner. JOHN SHI MP, Mayor. Joseph Trout, City Clerk. John C. Welty, City Solicitor. John Webb, City Marshal. Jacob Plunkard, Street Commissioner. Council. Peter E. Barlet, Pres-, Fred. Herbruck, Charles D. Monnot, Joseph Weaver, R. A. Cassidy, James Campbell, James C. Lantz, John Leininger. 1877. Council. Peter E. Barlet, Pres., James C. Lantz, B. F- Rohrer, Joseph Weaver, Henry McCann, Charles D. Monnot, Ferdinand Herbruck Peter J. Schwalm. 406 CITY OFFICERS 1878. JOHN SHIMP, Mayor. Joseph Trout, City Clerk. John C. Welty, City Solicitor. John Webb, City Marshal- Jacob Plunkard, Street Commissioner. JAMES VALLELY, Mayor. Joseph Trout, City Clerk. John C. Welty, City Solicitor. Louis Rigler, City Marshal. Jacob Plunkard, Street Commissioner. Council. Peter E. Barlet, Pres. David A. Arter, Ferdinand Herbruck, Peter J. Schwalm, David Sherrick, Charles D. Monnot, B. F. Rohrer, Henry McCann. 1879. Council. George W. Raff, Pres-, D. A. Arter, Daniel Lanker, A. O. Slentz, Charles 1). Monnot. B. F. Rohrer, H. T. Warner, David Sherrick, CITY OFFICERS 407 1880. JAMES VALLELY, Mayor. E. M. Grimes, City Clerk. John C. Welty, City Solicitor. Louis Rigler, City Marshal. Jacob Plunkard, Street Commissioner. WILLIAM J. PIERO, Mayor. E. M. Grimes, City Clerk. John C. Welty, City Solicitor. Louis Rigler, City Marshal. George B. Bender, Street Commissioner. Council. R. S. Shields, Pres., John R. Poyser, D. W. Stabler, B. F. Rohrer, W. A. Archinal, A. O. Slentz, John M. Stevenson, H. T- Warner, 1881. Council. R. S. Shields, Pres., Johnson Sherrick, Henry T. Warner, A. O. Slentz, William A. Archinal, John R. Poyser, John M. Stevenson, A. D. Coldren. 408 CITY OFFICERS 1882. WILLIAM J. PIERO, Mayor. E. M. Grimes, City Clerk. John C. Welty, City Solicitor. Louis Rigler, City Marshal. George B. Bender, Street Commissioner. Council. Henry T. Warner, Arvine C. Hiner, Abram D. Coldren, John Murray, Johnson Sherrick, John P. Rauch, Jacob P. Fawcett. R. S. Shields, Pres., Mathew Bast, John C. Stinchcomb, John H. Werner, William H. McCammon, William H. Wyant, George Rex, 1883- WILLIAM J. PIERO, Mayor. E. M. Grimes, City Clerk. John M- Myers, City Solicitor. Charles Slagel, City Marshal. George B. Bender, Street Commissioner. Council. Henry T. Warner, H. W. Haines, John H. Werner, John Murray, William H. Wyant, John P- Rauch, J. P. Fawcett. I [enry A. Weaver, unexpired term of William H. McCammon. John Dine, unexpired term of John P. Ranch. R. S. Shields, Pres., Mathew Bast, Arvine C. Hiner, Stephen Wagner, William McCammon, John Class, Alexander I Iowenstine, CITY OFFICERS 409 1884. WILLIAM J. PIERO, Mayor. E. M. Grimes, City Clerk. John M- Myers, City Solicitor. Charles Slagel, City Marshal. George B- Bender, Street Commissioner. R. S. Shields, Pres., John H. Piero, Michael Adler, Augustus Gachatte, John Murray, John Webb, David Swanger, Council. Henry T. Warner, Harry W. Haines, Stephen Wagner, Henry A. Weaver, John Class, Alexander Howenstine, J. P. Fawcett- 1885. GEORGE REX, Mayor. E. M. Grimes, City Clerk. John M. Myers, City Solicitor Charles Slagel, City Marshal. Alexander Margo, Street Commissioner John K. Bowers, Marketmaster. J. P. Fawcett, Pres., Ignatius G. Maline, William L. Miller, Henry Vogelgesong, Benjamin F. Rohrer, Charles R. Frazer, Mathew E. Meek, Council. John H. Piero, Michael Adler, Augustus Gachatte, John Murray, John Webb, David Swanger, Samuel J. Roberts, Azariah W. Conger, unexpired term of Benjamin F. Rohrer, elected Sep- tember 14, 1885. 410 CITY OFFICERS 1886. GEORGE REX, Mayor. E. M. Grimes, City Clerk. John M. Myers, City Solicitor Charles Slagel, City Marshal. Alexander Margo, Street Commissioner. John K. Bowers, Marketmaster. Council Charles R- Frazer, Pres., John W. Walser, William V olkman, Augustus Gachatte, Albert Ringle, Mathew E. Meek, Samuel J. Roberts, Ignatius G. Maline, William Miller, Henry Vogelgesong, A. W. Conger, Louis Loichot, Jr., John E. Dine, B. F. Schwier. 1887. JOHN F. BLAKE, Mayor. E. M. Grimes, City Clerk. Atlee Pomerene, City Solicitor. David Pletcher, City Marshal. John E. Dine, Street Commissioner- John Barry, Marketmaster. Daniel Worley, Pres., William Volkman, Augustus Gachatte, Albert Ringle, Louis Loichot, John lv Dine, Benjamin F. Schwier, John J. Adams, Council. John W. Walser, - Henry G. Schaub, Henry Vogelgesong, Jules Py, ( ). A. Essig, Charles H. Henderson, W illiam L,. Alexander. unexpired term of John K. Dine, resigned. Emile \)* «ize, to fill unexpired terra of Henry G. Schaub. CITY OFFICERS 411 1888. JOHN F. BLAKE, Mayor. Henry G. Schaub, City Clerk. Atlee Pomerene, City Solicitor. David Pletcher, City Marshal. John E. Dine, Street Commissioner- John Barry, Marketmaster. Council. Joseph H. Dumoulin, William Volkman, Gustave A. Fries, Albert Ringle, Louis A. Loichot, Pres., June 4/88, John J. Adams, Paul Field. Louis Hoffman, elected May 14, 1888, to fill unexpired term of Daniel Worley. Daniel Worley, Pres., E. J. Donze, Henry Vogelgesong, Jules Py, O A. Essig, Charles H. Henderson, W. L. Alexander, Louis A- Loichot, Pres., Paul Gschwend, E. J. Donze, Orville L. Slentz, Jules Py, J. J. Adams, Paul Field, Martin Henry elected October 9, 1 Volkman. 1889. JOHN F. BLAKE, Mayor. Henry G. Schaub, City Clerk. Atlee Pomerene, City Solicitor. William Gentry, City Marshal. John E. Dine, Street Commissioner- John Barry, Marketmaster. Council. J. H. Dumoulin, William Volkman, Gustave A. Fries, Albert Ringle, O. A- Essig, John Duffy, Frederick Lied. , to fill the unexpired term of William 412 CITY OFFICERS 189O. JOHN F. BLAKE, Mayor. Henry G. Schaub, City Clerk. Atlee Pomerene, City Solicitor. William Gentry, City Marshal. John E. Dine, Street Commissioner- John Barry, Marketmaster. Council. J. H. Dumoulin, Pres., ' Martin Henry, Gu stave A. Fries, J. A. Russell, Nicholas Guirlinger, F- Joseph Wagner, W. E. Sefton, E. J. Donze, O. L. Slentz, Jules Py, O. A. Essig, John Duffy, Frederick Lied, Paul Gschwend. CITY OFFICERS 413 189I. JOHN F. BLAKE, Mayor. J. W- Barnaby, City Clerk, resigned April 30, 1891. George W. Yohe, City Clerk, June 23, 1891. William Lichtenwalter, City Clerk. Thomas F. Turner, City Solicitor. William Gentry, City Marshal. Henry Leonard, Street Commissioner. Benjamin McCloud, Marketmaster. Council. W. E. Sefton, Pres-, Joseph A. Linville, Anthony Francis, J. H. Dumoulin, Martin Henry, Gustave A. Fries, John A- Russell, Nicholas Guirlinger, F. Joseph Wagner, J. M. Campbell. David L. Miller, George W. Trump, A. Best, William B. Dager, 414 1 C> . ; * CITY OFFICERS 1892. JOHN F. BLAKE, Mayor. William Lichtenwalter, City Clerk. Thomas F. Turner, City Solicitor. Wm. A. Gentry, City Marshal. Henry Leonard, Street Commissioner- Benjamin McCloucl, Marketmaster. J. A. Linville, Pres., Henry T. Warner, Will H. Cooper, A. Francis, Edward Sexauer, D- L. Miller, G. Eicher, Council. G. W. Trump, C. W. Dahinden, A. M. Best, F. Joseph Wagner, W. Dager, Henry Detmering, J- M. Campbell. CITY OFFICERS 415 1893. ROBERT A. CASSIDY, Mayor. H. G. Schaub, City Clerk. Peter J. Collins, City Solicitor. Samuel Becherer, City Marshal. Henry Leonard, Street Commissioner. Adam Thorn, Marketmaster. Council. Henry T. Warner, Pres., Henry Weber, W. E. Young, C- W. Dahinden, August Demeusy, F. Joseph Wagner, B. F. Faust, Henry Detmering, J. M. Campbell. Will H. Cooper, W. W. Fielding, Edward Sexauer, Gustave A. Fries, G. Eicher, 416 CITY OFFICERS 1894. ROBERT A. CASSIDY, Mayor. H. G. Schaub, City Clerk. Peter J. Collins, City Solicitor. Samuel Becherer, City Marshal. Henry Leonard, Street Commissioner. Adam Thorn, Marketmaster. Council. G. A. Fries, Pres., Henry Weber, W. E. -Young, Arthur Boylan, August Demeusy, Ed. J. Rex, B- F. Faust, J. N. McQuern, Henry Detmering. Geo- C. Lindsay, W. W. Fielding, Will H. Cooper, Edward Sexauer, J. M. Campbell, CITY OFFICERS 417 1895. JAMES A RICE, Mayor- F. H. Belden, City Clerk. Harry E. Webber, City Solicitor. W. H. Reed, City .Marshal. Harry H. Hill, Street Commissioner. Benjamin McCloud, Marketmaster. Council. Henry Detmering, Pres., Dr. A. V. Smith, Geo. C. Lindsay, W. C. Weirick, Will H- Cooper, W. E. Archer, Ed. Sexauer, J. N- McQuern, W. P. Hall. Ed. J. Rex, A. Demeusy, H. A. Smith, Arthur Boylan, W. E. Young-, 418 CITY OFFICERS 1896- JAMES A RICE, Mayor- F. H. Belden, City Clerk. Harry E. Webber, City Solicitor. W. H. Reed, City Marshal. Harry H. Hill, Street Commissioner. Benjamin MeCloud, Marketmaster. Council. W. E. Young, Pres., Peter J. McDonough, W. C. Weirich, Geo. C- Lindsay, W. E. Archer, Charles Walther, H. A. Smith, Arthur Turnbull, A. Demeusy, George Au, W. P. Hall, Fred Wilhelm, Dr. A. V. Smith, James M. Fife. CITY OFFICERS 419 1897. JAMES A RICE, Mayor- Louis N- Ley, City Clerk. Ed. L. Smith, City Solicitor. W. H. Reed, City Marshal. Harry H. Hill, Street Commissioner. Benjamin McCloud, Marketmaster. Council. Arthur R. Turnbull, Pres., Geo. Au, W. E. Streiber, Geo- C. Lindsay, M. J. Hogan, John Cummins, Fred. Welhelm, B. F. Faust, Charles Walther, Adam Schissler, Peter J. McDonou^h, James M. Fife, Dr. A. V. Smith, A- H. Eckhardt. 420 CITY OFFICERS 1898. JAMES A RICE, Mayor- Louis N- Ley, City Clerk. Ed. L. Smith, City Solicitor. W. H. Reed, City Marshal. Harry H. Hill, Street Commissioner. Benjamin McCloud, Marketmaster. Council. Arthur R. Turnbull, A- H. Eekhart, Peter McDonough, John Cummins, Keller E. Huff, Dr. A. V. Smith, John F. Buchman. B. F. Faust, Pres., Fred. Wilhelm, M. J. Hogan, John B. Gravis, Adam Schissler, Peter Obringer, W. E. Streiber. CITY OFFICERS 421 189Q. JAMES H. ROBERTSON, Mayor. Louis N- Ley, City Clerk. Ed. L. Smith, City Solicitor. David M. Reinhart, City Marshal. David S. Sommer, Street Commissioner. Benjamin McCloud, Marketmaster. Council. Arthur R. Turnbull, Pres., A. H. Eckhardt, Keller E. Huff, John Cummins, Fred. Wilhelm, L- M. Killian, John F. Buchman, John T. Schroyer. W. E- Streiber, John B. Gravis, J. A. Bernower, Peter Obringer, Adam Schissler, Peter J. McDonough, 422 CITY OFFICERS 1900. JAMES H. ROBERTSON, Mayor. Louis N- Ley, City Clerk. Ed. L. Smith, City Solicitor. David M. Reinhart, City Marshal. David S. Sommer, Street Commissioner. Frank Williams, Marketmaster. Council. A. H. Eckhardt, Pres., Adam Thomas, John Cummins, Keller E. Huff, L. M. Killian, Nicholas Dickes, J. A. Bernower, John B. Gravis, Adam Schissler, Geo. H. Leggett, W- E. Streiber, Ray F. Harbert, John T. Schroyer, Wm. W. Marshall. CITY OFFICERS 423 1901. JAMES H. ROBERTSON, Mayor. Charles C- Loyd, City Clerk. Denver C. Hughes, City Solicitor. Edward B. Bour, City Marshal. David S. Sommer, Street Commissioner. Frank Williams, Marketmaster. Council. Geo. H. Leggett, Pres., John Stein, Keller E. Huff, Wm. Lichtenwalter, Ray F. Harbert, L. M. Killian, Wm. W. Marshall. John T. Schroyer- Chas- F. Haines, John B. Gravis, George Good, Adam Thomas, Arthur R. Turnbull, Nicholas Dickes, 424 CITY OFFICERS 1902. JAMES H. ROBERTSON, Mayor. Denver C. Hughes, City Solicitor. Charles C- Loyd, City Clerk. Edward B. Bour, City Marshal. George W. Good, Pres., R. F. Barnett, C. F. Haines, Paul Joliat, Ray F. Harbert, L. M. Killian, W. M. Marshall, Council. David Owen, T. P. Paxson, William Schumacher, John Stein, John T. Schroyer, A. R. Turnbull, William Lichtenwalter. CITY OFFICERS 425 1903. W. H. SMITH, Mayor. Denver C. Hughes, City Solicitor. Charles C- Loyd, City Clerk. A. Ashbrook, City Auditor. T. J. Bidwell, City Treasurer. Council. George H. Leggett, Pres., J. A. Brooks, R- F. Barnett, August Garaux, Paul Joliat, W. A. Lynch, David Owen, William Wagner, Silas Croft, S. W. Hall, 426 CITY OFFICERS I9C4. W. H. SMITH, Mayor. Denver C. Hughes, City Solicitor. Charles C- Loyd, City Clerk. A. Ashbrook, City Auditor. T. J. Bidwell, City Treasurer. Council. Geo. H. Leggett, Pres., S. W. Hall, J. A. Brooks, Paul Joliat, R- F. Barnett, W. A. Lynch, Silas Croft, . David Owen, August Garaux, William Wagner. CITY OFFICERS 427 1905. W. H. SMITH, Mayor. Denver C. Hughes, City Solicitor. Charles C- Loyd, City Clerk. A. Ashbrook, City Auditor. T. J. Bidwell, City Treasurer. Council. George H. Leggett, Pres., J. A. Brooks, R. F- Barnett, E. S. Folk, S. W. Hall, Paul Joliat, W. A. Lynch, David Owen, Fred. H. Sanders, J. P- Williams. 428 CITY OFFICERS I906. A. R- TURNBULL, Mayor. W. L. Day, City Solicitor. Charles C- Loyd, City Clerk. A. Ashbrook, City Auditor. T. J. Bidwell, City Treasurer. Council. George H. Leggett, Pres., Ira A. Aungst, J. A. Brooks, E. S. Folk, S. W. Hall, G. J- Naftzger, David Owen, Fred. H. Sanders, M. L. Smith, J. P. Williams. INDEX A PAGE SECTION ABUSING FAMILY— See 84 210 ADVERTISING MATTER — See Bills AMERICAN RAPID TELEGRAPH CO.— Franchise of 300 ANIMALS— Horses and mules to be securely fastened 5 1 Penalty 5 1 Stallions not to be put to mares except 5 2 Penalty 5 2 Not to run at large 6 3 Bitch dogs not to run at large 8 10 Penalty 8 11 Hitching horses to trees 92 247 Hitching horses 96 266 Dead 105 301 Transporting same 105 302 Cruelty to 9 14, 1 5 Definition of certain words 9 16 Impounding : 6 4 Dogs not allowed in public parks 112 329 Mules (see mules) Cows (see cows) Cattle (see cattle) AREAS— Projected into sidewalks must be protected by railing. . 165 487 ASHES— See rubbish 432 INDEX PAGE SECTION ASSAULT AND BATTERY — Defined and penalty 89 232 ASSISTANT CHIEF OF THE FIRE DEPARTMENT— Salary 53 124 AUCTIONEERS— Auctioneer defined 10 18 License 10 20 Penalty 10 19 How license obtained 10 20 AUDITOR— To destroy coupon bonds when 22 53 Bond record to be kept by 22 54 Registry of bonds 23 56 Bond of 38 84 Duties of 38 84 Salary of. 38 84 Bonds to be recorded by 38 85 Certified copies of bonds shall be made by, when 38 86 AUTOMOBILES — Rate of speed of 12 23 Lights, bells, brake and gong to have 12 24 Frightened horses 12 25 Keeping to right side 13 26 Processions 13 27 Penalty 13 28 Registering and numbering 13, 14 29 Penalty 14 31 Mayor's duties 14 30 AWNINGS— Construction of 161 474 B BALL PLAYING— Playing in streets 97 272 index 433 PAGE SECTION BARNS — - Unlawful entering 93 250 BATHING IN CREEKS — At certain times unlawful 88 227 BENZINE— See Gasoline BEGGARS— Unlawful to be such 86 217 BENCH MARK— See 15 32 BIRTHS— Physicians and midwives to report same 140 411 BITCH DOGS— Not to run at large 8 10 Penalty 8 11 BICYCLES— Keep to right side 13 26 Rules as to running of same 16 33 Speed of same 16 33 Riding on sidewalk 16 33 Scorching and coasting 16 33 Turn to the right side 16 33 Turn to left when passing 16 33 Penalty 16 3 Two abreast 17 35 Bell 17 36 Keep to right 17 37 Fire apparatus must avoid 17 38 Penalty 18 39 BILLS— ' License to post same 19 40 License fee for 19 41 License not transferable 19 42 .Shall wear badge 20 43 434 INDEX PAGE SECTION Penalty 20 44 Exception 20 45 Unlawful to scatter bills, etc., without permit 20 46 Permits for same to be issued by the Mayor 20 47 Scattering bills, etc., on private premises 20 48 Penalty 21 49 Sample packages distributing 21 50 Penalty 21 51 Sticking 93 251 BILL POSTING— See bills BOOKS— Obscene 86 218 Penalty 86 219 BOYS— Not to be on streets at night 82 197 Arrest of 82 200 BONDS— Registered bonds 22 52 Cancellation and destruction of coupon bonds 22 53 Bond record 22 54 Interest and principal on registered bonds 23 55 Registered bonds how transferred 23 55 Auditor's duty 23 56 Registered bonds how registered 23 517 Registered bonds how issued 23 58 Court proceedings bonds in 23 59 BOARD OF PUBLIC SAFETY — Number of 41 93 How appointed 41 93 Term of Office 41 93 Bonds of 41 94 Duties 41 94 Salary 41 94, Duties of in police department 119 346 Duties of in connection with fire department 54 [25 INDEX 435 BOARD OF EXAMINERS OF INSECURE AND UNSAFE BUILDINGS PAGE SECTION How appointed 28 65 Term of service 28 65 Duties of 28 66 Clerk of Council secretary thereof 29 68 BOARD OF PUBLIC SERVICE— Duties of in connection with moving buildings 29 70 Bonds of 40 92 Duties of 40 92 Salaries of 40 92 Number of 40 ( 92 Term of office of 40 92 Amending plats duties of as to 116 340 Completion of plans by, notice to be given 116 341 Sessions of same as platting commission 116 341 Filing of plans by, as platting commission 116 341 Schedule of prices for house connections with sewers, to be fixed by 156 458 Market house stalls, to issue license for 75 181 Must approve outside space for market at market house 73 174 Stalls at market house to be offered at public sale by. .73 174 Days and hours of marketing to be fixed 73 174 BOARD OF HEALTH— General Powers 131 376 Resolutions ci to have effect of ordinances 131 376 Shall recommend measures to council 132 377 Composition of 130 372 Term of office of 130 373 Inspection powers of , 135 392 Epidemic of small-pox, power to prevent 136 395 Contagious and infectious diseases to be reported to. . . 137 40G Rules and regulations of 327 Nuisances, rules of as to 331 . Privy vaults, rules as to 333 436 INDEX PAGE SECTION Vaults and sinks abandoned, rules 333 Scavengers' carts 333 Privies, sinks, cesspools, etc., rules of as to 333 Markets, rules as to 334 Tenement houses, rules oi as to 335 Vaccination 337 Hydrophobia 338 Deaths, reporting of 338 Burial permits 338 Officers of 339 Health officer, duties of 339 .Clerk of 340 City Physician 340 Slaughter houses 341 Creeks, befouling same 341 Sewers, drains, etc 341 Contagious diseases 342 Dead bodies, transportation of 346 Waste water and filth in streets 347 Filth and rubbish in alleys 347 Sanitary police 348 Misdemeanors 348 Inspection of public buildings 351 Inspection of provisions 351 Provisions, sale and inspection of 351 Milk 353 Nuisances, abatment of 354 Dairies, inspection of 357 Inspector of foods, slaughter houses, shops and dairies. .358 Tickets of milk dealers 360 Inspector of foods, slaughter houses and dairies 360 Milk dealer permit 361 Milk inspector to issue 362 Construction of sewers and drains, penalty 363 BREWERIES — Not to permit any foul substance to flow therefrom. . . 104 298 INDEX 437 PAGE SECTION BURIALS — See Public Health. BUILDINGS— 9 1 245 Marking of same 93 252 94 259 Material for to be lighted 96 270 Not to be entered when persons sick therein with cer- tain diseases 2 5 uu t t „r _ 1 j r 1 "1 J • . , • 1 26 61 Penalty 27 62 Space to be occupied when building 26 61 26 61 27 63 27 63 27 64 28 65 28 66 28 67 Moving buildings, license and bond for 29 69 29 70 29 70 29 70 Penalty 30 7i BURGLARS — Habitual resort for 102 287 BUTTER — Unwholesome, sale of prohibited 135 391 BUCKLER & GIBBS PLOW CO.— Franchises to construct switch 277 Franchise of 277 C CAPTAINS OF THE FIRE DEPARTMENT— Number of 53 124 438 INDEX PAGE SECTION Salaries of 53 124 CAPTAINS OF POLICE — Salary of 118 344 Bond and oath of 118 345 CANTON STREET RAILWAY— Franchise of 192 Franchise of 198 Franchise of on Cleveland Avenue 200 Amendment of franchise of 202 Franchise to use electricity as motive power 203 CANTO N-MASSILLON ELECTRIC RAILWAY CO.— Franchise to extend tracks Ion Lake Street 223 Franchise to build additional tracks between public square and lake curve 225 Extension of franchises of 227 Route ordinance 229 Franchise on same 233 CANTON-AKRON RAILWAY CO.— Route No. 5, establishing of 229 Francise of same 233 Franchise to double track Market street 236 Blanket franchise 239 T o double track Mahoning street 249 Establishing Route No. 6 251 Franchise on same 255 CANTON & WAYNESBURG RAILWAY CO.— Franchise of 264 65 CANTON WROUGHT IRON BRIDGE CO.— Switch franchise ot 276 CANTON LIGHT, HEAT & POWER CO.— Franchise of 283 CANTON GAS FUEL CO.— Franchise of 291 INDEX 439 PAGE SECTION CARROLL COUNTY TELEPHONE CO.— Franchise of 311 CATTLE— Not to run at large 6 5 CELLAR— Not to become offensive 104 297 CEMETERY— Destroying or defacing enclosure 92 248 Sexton's duty as to burial of bodies 133 382 Monthly report of Sexton to Health officer 133 383 Grave stones destroying 92 248 CESS-POOLS— In certain cases 154 449 Not allowed where 154 452 Regulations of Board of Health as to . 331 CENTRAL UNION TELEPHONE CO.— Franchise of 307 CHILDREN— On streets at night 82 200 Insulting language by boys 81 195 Not to be on streets later than 8 P. M. in winter and 9 P. M. in summer 82 200 Parents' duty 83 202 Cigarettes unlawful to use 83 203 CHIEF OF POLICE— Duty to take up and impound animals in certain cases. . 6 4 Penalty 6 4 To impound animals when 7 7 Judgment on same 7 8 To sell same to satisfy judgment 7 8 Fees of officer for impounding 7 9 To impound bitch dogs 8 12 Duties of when bitch dogs kept or harbored 8 13 440 INDEX PAGE SECTION Penalty 8 13 To see license or permit issued for exhibition of shows, etc 50 117 Right to enter building where show is exhibited 50 117 Jurors to serve with notice 70 168 Panel to fill how 71 171 Special venire to serve 71 172 Duty in certain cases 80 189 To enforce provisions of 80 189 Duty arrest boys when 82 199 Duty to arrest wrongdoers 94 257 Certain duties to be performed regarding processions. 96 268 Pawnbroker's record, right to inspect 114 336 May compel pawnbroker to produce articles pawned.. 114 336 Salary of 118 344 Bond and oath of 118 345 Prisoners' food for, to be provided by 129 368 Food for same, how paid for 129 369 CHARGES — How investigated 43 101 Subpoenas to be issued 43 . 101 Subpoenas how served 43 101 Witnesses to attend and answer 44 102 CHIEF OF THE FIRE DEPARTMENT— Salary of 51 124 To inspect premises 54 127 To keep record of inspection 54 128 To inspect houses, etc 56 131 Permit to be granted by for keeping of explosives 122 355 Permit to keep dynamite to be granted by 124 357 Premises, may search when without warrant 125 359 CHARITIES, ASSOCIATION OF— Funds from Houtz poor fund to receive 66 157 CITY PHYSICIAN— Duties of 340 Term of 339 INDEX 441 PAGE SECTION CITY LIMITS — Defined 31 72 Duties of City Solicitor as to 31 72 CITY SOLICITOR— Bond of 37 83 Duties of 37 83 Salary of 37 83 Prosecutor of police court 37 83 CITY CIVIL ENGINEER — Maps, charts, surveying instruments, etc., to be in his charge 42 95 Duties of 42 96 Intrusions to be reported by 43 97 Annual report 43 98 Not to be interested in contracts 43 99 Notice to be given to of the laying of gas or water pipe. 99 283 Opinion as to nuisance 103 291 Plans of platting commission to be filed in office of. . 116 341 Sewer builders' application for license 146 422 Sewers to be under control of 146 421 Plans and drawings for sewers when 147 424 Sewer permits, to report concerning same 148 426 Moneys received for sewer permits, how disposed of. . 147 423 Drawings and descriptions of plumbing, etc., to be filed with 147 424 Plumbing fixtures, to have access to 147 424 Powers in connection with quality of sewer pipe 147 425 Location of sewers to be given by 148 426 To have access to sewers 155 453 Examination of pipes and fixtures to be made by 155 454 Lots and blocks to be divided by, for numbering pur- poses 170 508 New blocks and buildings to be numbered by 170 509 Owners failing to number buildings, duties of engineer. 170 510 Interference with 95 264 442 INDEX PAGE SECTION Grades for sidewalks to be given by 162 477 Sidewalks to be constructed and repaired under super- vision of 162 477 Dangerous sidewalks, duties as to 163 480 Sidewalk inspector 160 469 CIGARETTES — Use of 83 203 . CITY LIGHTS— Policemen to report as to 120 350 CITIZENS' LIGHT, HEAT & POWER CO.— Franchise of : . . . . 286 CLERK OF THE COUNCIL— Building permits to be issued by 25 60 Fees therefor 27 63 Record of same to be made by 27 64 Secretary of board of insecure and unsafe buildings. . 29 68 Shall insert certain requirements in advertisement 43 105 Certain matters to be published by, unless paid for in advance 47 109 CLAIMS — Detailed accounts required 47 106 Accounts not to be referred or paid, unless made in cer- tain form 47 107 Ordinances, notices, resolutions, etc., in certain cases, publication of same, how paid for 47 108 Clerk of the council not to publish except 47 109 CLEVELAND & CANTON RAILROAD CO.— Dannemiller franchise of 274 Mulberry Street franchise of 275 Oak Street franshise of 275 Elbel switch franchise of 276 coal- To be weighed by weigh master 183 546 Not to be placed on sidewalk 164 482 index 443 PAGE SECTION Coal wagons to be weighed and marked 184 548 COASTING— See Sidewalks and Misdemeanors. COWS- Excepted when 6 5 Penalty 6 5,6 coupon bonds- How destroyed 22 53 COSTS— Shall belong to City 34 74 COUNCIL— Composition of 40 89 .Qualifications of 40 89 Number of members of 40 89 Term of office 40 90 How elected 40 90 Councilmen at large 40 90 Ward councilman 40 90 Bonds 40 91 Salaries 40 91 Board of Public Safety, duty to confirm 41 93 Plans of platting commission, duty as to... 116 341 CORPSE— Care and disposition of when death caused by certain diseases 138 404 Not to be shipped without permit 139 407 Not to be conveyed in certain vehicles 139 408 CORONER— To report death from violence 140 413 CONNOTTON NORTHERN RAILWAY CO.— Franchise of 265 %fy 267 444 INDEX CONNOTTON VALLEY & STRAITSVILLE RAILROAD CO.— page section PVanchise of 268 . CONNOTTON VALLEY RAILWAY CO.— Franchise of 269 CONTAGIOUS DISEASES— See Public Health. Diseases. Regulations of Board of Health as to 342 CREEKS— Bathing in Prohibited except 88 227 Penalty for same 88 228 Befouling 341 CROSS-WALKS — Stopping or standing on 97 271 CRUELTY TO ANIMALS— Overdriving animals 9 14,15 Cruelty treating 9 14,15 Penalty 9 17 Definition of certain terms 9 16 CRIMINAL PROCEDURE— Criminal prosecution instituted and conducted how. ... 49 110 Warrants, recognizances, etc 49 111 Civil action to collect fines 49 112 Ordinances how enforced 49 113 CROSSINGS— Connected with sidewalks, how 160 468 D DAIRIES— Inspection of 357 Inspector of appointed and duties 358 DEAD ANIMALS— Not to be placed on public or private ground 105 301 Transporting through street 105 302 INDEX 445 PAGE SECTION Owner to bury 107 314 DEATHS— Physicians to report same 140 412 Coroner to report certain deaths 140 413 Regulations of Board of Health as to 338 Burial permits 338 DISEASES — Unlawful to introduce dangerous 135 394 See "Diseases" under Public Health. See Rules of Board of Health. DISORDERLY CONDUCT— Disturbing peace by 79 186 Penalty for second offense 79 187 DISTRIBUTING BILLS — See bills. DISORDERLY HOUSES 87 222,22$ Penalty 87 224 DIEBOLD SAFE & LOCK CO.— Franchise to construct switch 280 DOGS— Not allowed in public parks 112 329 See "Animals"— 'Bitch Dog." DRAINS— Regulations as to use of 341 Filth in 347 DRIVEWAYS— Over sidewalks to be kept clean 158 462 Construction of 163 478.479 Driving over sidewalks 165 485 DRUNKENNESS— Disturbing peace by 83 206 Unlawful to permit on premises 87 223 DYNAMITE— Permit to keep same 124 357 446 INDEX E PAGE SECTION EARTH — Hauling in streets 98 276 Removing from street 99 280 EAVES TROUGHS— To be constructed when and where 105 305 How to be constructed 105 305 EAST OHIO GAS CO. Franchise of 295 EXPLOSIVES— See Firecrackers. See Powder and other Explosives. EXPRESS WAGONS— Space to be occupied by EXHIBITIONS— See Shows F FAIRGROUNDS— Entering without permission 94 256 FAMILY — Abusing 84 209 FENCES— Destroying or defacing 92 249 FEES— Shall belong to city 34 74 FENDERS— Street railway companies, duties in connection there. . . 172 514 Penalty 172 515 FIGHTING — Penalty 79 186 INDEX 447 PAGE SECTION FISH— Cleaning upon street no 321 FIRE DEPARTMENT — Composition of 53 124 Salaries 53 124 Bonds 53 124 Number of members 53 124 Board of Public Safety, duties of 54 125 Apparati 54 126 Chief to inspect premises 54 127 Record of inspections 55 128 Protection of fire apparatus 55 129 False alarm $5 129 Chimneys, flues, etc 55 130 Inspection of houses, etc 56 131 Fire limits 56 13-2 Removal of buildings 57 133 Penalty "... 57 134 Firemen's Pension Fund 58 135 Composition thereof 58 136 Beneficiaries of same 58 136 Treasurer of fund 59 138 Duties of the present board 59 139 Firemen disabled to receive salary when 59 140 Physicians' and surgeons' bills to be paid when 60 141 FIREMEN— Number of 53 124 Salaries of 53 124 FIREMEN'S PENSION FUND— Fund established 58 135 Board of Trustees 58 136 Beneficiaries of 59 137] Treasurer of fund 59 138 Duties of present board 59 139 448 INDEX PAGE SECTION FIRE LIMITS — Defined 56 132 Removal of buildings 57 133 Penalty 57 134 FIRE ALARMS — Fire alarms 81 193 FIRECRACKERS— Sale of same 126 361 Having in possession 126 361 Discharge of same 127 362 Penalty 127 364 FIRE ARMS— Use of, etc 89 236 FINES— May be remitted 129 371 When not paid, how prisoner disposed of 129 371 FRUITS— Decayed, sale of prohibited 135 390 FUNERALS— When not to be attended 138 403 Near relatives, provisions as to 138 403 Rules of Board of Health as to 344 G GAS— Rental of meters 293 Price of natural 297 Price of artificial 294 GAS COMPANIES— East Ohio Gas Co 295 Canton Gas Light & Coke Co 293 INDEX 449 PAGE SECTION GAS PIPES— Not to be laid when 99 283 GASOLINE — Keeping of same 123 356 GATES — Swinging upon or across street 80 190 GARBAGE— Defined 61 143 Cans for same 61 143 Dead animals 61 143 Collectors license 62 146 Duties of garbage collectors 62 147 Garbage cans care of 62 147 Garbage districts 63 149 Certain duties denned 63 148 Board of Health, certain duties of 64 150 Price of collection 64 151 License of collectors 64 152 Collector to maintain office 65 153 To be kept separate from rubbish 65 154 Unlawful to deposit, where 65 155 Penalty 65 156 GRAVE STONES— Disturbing 92 248 GUN-COTTON— Keeping of 124 358 H HAULING ON STREETS— Gravel, stone, sand, etc., not to be dropped 99 281 Penalty for same 99 282 Certain penalties 98 277 HEALTH— (See Public Health, Board of Health.) 450 INDEX PAGE SECTION HEALTH OFFICER — Appointed how 131 374 To investigate certain deaths 132 380 Permits to transport bodies to be issued by 133 383 Penalty 133 384 Certain diseases, existence of same to report to superin- tendent of schools 137 401 Sewers, to have access to 155 455 Report to coroner, when cause of death unknown 132 380 Sexton to make monthly reports of burial 133 382 Duties of 339 Election and term of office 339 Hospital, right to enter when 139 406 Permit to ship bodies 139 407 HITCHING POSTS— - To be placed how 160 470 Where to be placed 164 481 HOGS— Regulation as to keeping in City 330 HOG PENS— 105 303 HORSES— Hitching to trees 92 247 Hitching of same 96 266 To be securely fastened 5 1 Penalty 5 1 Not to be driven in parks in what manner 111 326 Speed at which to be driven in parks 111 326 Not to be hitched how in parks in 326 HOSPITALS — Not to be visited, when 139 406 HOUSES — Numbering of 169 504 Plan of numbering 169 505 INDEX 451 PAGE SECTION Placing of numbers 170 505 Of ill-fame 90,91 239,240 241 HOUSE CONNECTIONS— Cost of same 155 457 Board of Public Service to fix prices of 156 458 HOUSES OF ILL-FAME — See 90 239 Residing in 90 240 Penalty for same 91 241 HOUSE MOVERS— Licenses and bond of 29 69 Duties of 29 70 Pavements not to be taken up except 29 70 Care of paved streets by 29 70 Penalty 30 71 HOME BREWING CO.— Franchise of for switch 280 HOUTZ POOR FUND— Board of trustees 66 157 Appointment of trustees 66 157 Terms of trustees 66 157 Bond of trustees 66 158 How funds shall be invested 66 159 Not to be loaned to trustees 67 160 HUCKSTERS AND PEDDLERS— License to be procured from Mayor 68 161 Same not transferable except 68 162 Amount of same 68 163 Penalty 69 164 Fee for issuing 69 165 452 INDEX I PAGE SECTION ICE— On sidewalks 166 495 Must be removed 166 495 INDECENT EXPOSURE— w'ee 90 237 Penalty for same 90 238 INSPECTOR OF FOOD, SLAUGHTER PIOUSES, MEAT SHOPS AND DAIRIES— Appointment, duties and compensation 358 Compensation 358 INTOXICATION— Penalty for 87 221 INTOXICATING LIQUORS— See Saloons. INTEREST AND SINKING FUND— In Water Works department 188 555 (See Sinking Fund Commission). J JUDICIAL SALES— Excepted as to Auctioneers 11 22 JURIES^- Selection and drawing of same 70 166 Failure to select at time named 70 167 Criminal cases 70 168 Challenges 71 169 Panel how filled 71 171 Venire, special 71 173 Accused or his attorney to be present at drawing of same 72 173 INDEX 453 K PAGE SECTION KITES — Flying 97 272 LAKESIDE STREET RAILROAD CO.— Franchise of 207 LAMPS — See 94 258 Trees near to be trimmed 161 472 LICENSES — Auctioneer's license 10 19 Auctioneer's license 10 20 Fee for same 10 21 Mayor to issue bill poster's license 19 40 Fee for same 19 41 How transferable 19 42 House movers 29 69 Shows 49 114 Fee for same 49 115 Opera houses, public halls, theatres, etc 50 119 Fee for same 50 119 Garbage collectors license 64 152 Fee for same 64 152 Hucksters and peddlers 68 161 Same not transferable except 68 162 Amount of same 68 163 Fees for same 69 165 Sewer builder's license 145 419 Transient dealers' licenses 175 523 Transient dealers' licenses 175 524 Fee for same 175 524 454 INDEX PAGE SECTION Pen alty 175 525 Pawnbrokers' license 114 334 LIGHTS— See 94 258 LIEUTENANTS OF THE FIRE DEPARTMENT— Salary 53 124 Number 53 124 LINEMEN— Salary 53 124 LIEUTENANTS OF POLICE— Salary 118 344 Bond and oath 118 345 LOCOMOBILES— See Automobiles. LOITERING— Upon sidewalks 79,88 188,229 LOMBARDY POPLARS— Planting of prohibited 98 278 Penalty for same 98 279 M MANURE— Not to be deposited in streets or alleys 188 316 Within 30 feet of dwelling- 364 MANUFACTORY— Drainage from into lots, streets, etc 104 298 MAYOR— Auctioneer's license to issue 10 18 How same obtained 10 20 Fee for same 10 21 Registering and numbering automobiles 1 3,14 29,30 License to issue to bill posters, sign painters, etc 19 40 INDEX 455 PAGE SECTION Fee for same 19 41 License of advertisers of entertainments, shows, etc. . 20 46,47 Coupon bonds, to destroy when 22 53 Undertakings in court proceedings to be signed by when 23 59 House mover's license to issue 29 69 Bond, salary and fees 34 74 Jurisdiction 35 75 Docket 35 76 Powers 36 77 Powers to fine and imprison 36 78 Licenses and permits to be issued by 36 79 Moneys to be paid to City Treasurer 37 80 Dockets and business to be turned over to successor. 37 81 Fees 37 82 Board of Public Safety, appointment 41 93 Recognizances to be taken when 48 111 Fines 48 112 Commit to City prison 48 1 1 1 Garbage collector's license to issue 64 152 Hucksters and peddlers licenses to be issued by 68 161 Character of said licenses 68 162 Amount of said license 68 163 Penalty 69 164 Fee for same 69 165 Jurors names to be selected when and how 70 166 Jurors names to be selected when and how 70 166 Jury box, names to be drawn therefrom by # . 70 1 58 Talesmen to be selected 71 172 Pawnbrokers license to be issued by 114 334 May compel Pawnbrokers to produce articles pawned 114 336 Pawnbrokers daily report to be made to 115 337 Search warrant for gunpowder, blasting powder, dyna- mite, etc., to be issued by 125 359 Duties in connection therewith 125 359 Sewer builders' license to be issued by 145 419 456 INDEX PAGE SECTION Bond for same 145 419 Snow, ice or dirt, for removal of same, notice to be given by 167 496 Schedule of street railways to be maintained by 172 516 Transient dealers license to be issued by. . . 174 523,524 Fee for same 175 524 Penalty 175 525 Private police to appoint 120 353 MARKETS— Market house and grounds 73 174 Days for market Hours for market Articles not to be resold 74 175 Market grounds, certain exceptions 74 176 Weights and measures therein 74 177 Meats and vegetables unsound 75 178 Cleaning of same 75 179 Filth in same 75 180 Market house entering 75 181 Obstructing aisle|in market house 75 181 Market master to keep implements for weighing and measuring 76 182 Market master, general duties of 76 183,184 Penalty 77 185 MARKET MASTER— Duties of as to City Ordinances, etc 76 183 Duties of 76 184 MEAT— Diseased 134 385 Sale of prohibited when 134 386 " " " *• • 134 387 Selling or keeping unlawful when 134 388 Less than one month old 135 389 MEASURES— (See Weights and Measures.) index 457 PAGE SECTION MENAGERIES — (See Licenses.) MERCHANDISE— On sidewalk 165 484 Four (4) feet for exhibition of ... 164 483 MEYER'S LAKE — Source of water supply of city 185 549 Pollution of same 187 552 Penalty 188 553 MILK — Unwholesome, sale of prohibited 135 391 Board of Health, regulation as to sale 353 Board of Health, regulation as to permit 353 Inspection of 135 392 MILK TICKETS— Use of 360 MINORS— Not to enter saloon 85 214 Not to drink or purchase liquor 85 215 Penalty 86 216 Pawning of property by prohibited 115 338 MISDEMEANORS— Disturbing public peace 79 186 Penalty for second offense 79 187 Sidewalks unlawful obstruction 79 188 Chief of police, duty 80 189 Gates swing upon or across streets, etc 80 190 N NUMBERING HOUSES— (See Houses.) 458 INDEX O PAGE SECTION OBSCENE LANGUAGE — See 79 186 OBSCENE PUBLICATIONS— Unlawful to sell 86 218 . Penalty 86 219 OFFAL— (See nuisances and Public Health.) OFFICERS— Oath of same 43 100 (See various city officers.) ORDINANCES— Cost of publishing certain ordinances 47 108 Board of Health, rules to have force of 131 37J P OPERA HOUSES— License for 50 119 PARKS— Rules as to use of 111,112 326,327 Carpets not to be shaken thereon 112 328 Dogs not to enter 112 329 Park policeman, duty of 112 330 Persons violating rules to be ejected 113 331 PARK POLICEMAN— Duties of t 12,1 13 330,331 PATROL WAGON— Use of 120 351 PAVEMENTS — Destroying or removing 99 280 INDEX 459 PAGE SECTION PARENTS — Certain duties of 83 202 PAPERS— Obscene 86 218 Penalty 86 219 PAWNBROKERS— License for same 114 334 Dfefine d 114 335 Record 114 336 Inspection of record 114 336 Daily report 115 337 Certain purchases prohibited 115 338 PenaIt y 115 339 PATROL OPERATORS— Salary of 118 344 Bond and oath 118 345 PATROLMEN — Salary of 118 344 Bond and oath 118 345 PERMITS— Building permits 25 60 Contents of same 26 61 Penalty 27 62 Fees for issuing same 27 63 Record of building permits 27 64 Sewer permits 146 422 Application for how made 146 422 City Civil Engineer to keep record of sewer permits. . . 147 423 Fee for sewer permits 147 423 Distributing hand bills, license to be issued by the Mayor 20 46 Mayor's discretion and connection therewith 20 47 PETROLEUM OIL— See Gasoline, 460 INDEX PAGE SECTION PERCY S. SOWERS— Franchise of 196 PENNSYLVANIA CO.— Franchise of 262 " " 263. PHYSICIANS — Report of 132,137 379>4°i 140 4i2,4 I 3 PICKPOCKETS— Penalty for same 89 235 PLATS — (See Plats and Platting Commission.) PLATS AND PLATTING COMMISSION— Former plats how amended , ... 116 340 Publication of meetings 116 341 Sessions of commission 116 341 Plats, etc., recording of 116 341 Acceptance of plans by owner 117 342 Engineer, salary of 117 343 Assistant Engineer, salary of 117 343 PLUMBERS— License of for sewer building 145 419 Held responsible for injuries to owners 147 423 Water Works, rules as to PLUMBING — Rules and regulations as to construction of 365 POLICE— Composition of police department 118 344 Salaries of same 118 344 Bonds and oaths 118 345 Board of Public Safety, duties of 119 346 Disabled may draw salary when and how 119 347 Physicians and surgeons bills paid when 1 19 348 INDEX 461 PAGE SECTION Authority of 119 349 City lights, to report as to 120 350 Patrol wagon, use of 120 351 Private police 120 352 Time of service and pay of private police 120 354 Duties of private police 120 353 POLICE COURT — (See Mayor.) POLICE PROSECUTOR— (See City Solicitor.) POWDER AND OTHER EXPLOSIVES— Keeping powder 122 355 Permit for 122 355 Gasoline keeping of 123 356 Permit for same 123 356 Dynamite and other explosives how kept 124 357 Permit for 124 357 Private ground, certain explosives standing on 124 358 Public grounds certain explosives standing on 124 358 Searching of premises when 125 359 Proceedings thereon 125 359 Penalty 126 360" Firecrackers, torpedoes ,etc 126 361 Discharging or exploding, firecrackers, torpedoes ,etc. . 127 362 Saving Clause 127 363 Penalty 127 364 PORCHES— Projecting over sidewalk 165 486 POSTAL TELEGRAPH & CABLE CO.— Franchise of 303 PRESIDENT OF THE COUNCIL— Bond of 39 88 Duties of 39 88 462 INDEX PAGE SECTION Salary of 39 88 Vice Mayor 39 88 To assume Mayor's duties when 39 88 Jurors to assist in selecting 70 166,167 PRISONERS— Labor of where performed 128 365 Under sixteen 128 365 Imprisonment 128 366 Work on streets 128 367 Food to be supplied by Chief of Police 129 368 Food how paid for 129 369 Fines, Mayor may remit 129 370 Convicted to stand committed 129 371 PRIVATE POLICE — Appointment of 120 352 Duties of 120 353 Term of service and pay 121 354 PRINTING— Union label to bear 45 103 Advertisements what to contain 45 104 Ordinances, proclamations, notices, etc., to be published in Union newspapers 45 105 PRIVIES— Contents of offensive 105 303 Not to be become offensive , 104 297 PRIVY VAULTS— Contents to be removed how , 107 307,312 How to be constructed 107 312 Board of Health, rules concerning 333 PROSTITUTES— See 86 217 PROCESSIONS— See 96 267 INDEX 463 PAGE SECTION Right of way for same 96 268 PUBLIC HEALTH — Board of Health 130 372 Term of office for same 130 37? Health officer 131 374 Board of Health powers of 131 375 Resolutions of to have force of ordinances 131 376 May recommend measures to council 132 377 Undertaker's permit , 132 373 Undertaker's certificate 132 378 Physician's report 132 379 Health officer's duty in certain cases 132 380 PUBLIC PEACE — Disturbing 79 186 Penalty for second offense 79 187 R RAILROADS — Steam railroad obstructing street or alley 95 262 Penalty for same 95 263 Obstructing street 97 273,274 (See various special ordinances.) REGISTERED BONDS— May be issued 22 52 Record of same 22 54 Interest and principal 23 55 Faith and credit 23 58 How registered 23 57 REPEAL AND SAVING CLAUSE— Repeals of ordinances 189 556 Saving clause 189 557 When to take effect 189 558 RESISTING OFFICER— Penalty for same 89 233 464 INDEX PAGE SECTION ROBBERS— Habitual resort for 102 287 RUBBISH— Defined 61 143 How to be kept 62 145 Where to be hauled 62 145 Not to be mixed with garbage 65 154 • Unlawful to deposit same where 65 155 Penalty 65 156 Placing on sidewalks 165 484 S SALOONS— Persons on " Black List" not to enter 84 212 Minors not to enter 85 214 Minors not to drink or purchase liquor 85 215 Minors unlawful to sell to same 85 215 Sunday keeping open or selling on 86 220 SAMPLES — (See Bills.) SANITARY POLICE— See 348 SCARLET FEVER— (See Diseases, Board of Health.) SCHOOLS— Children from families having certain diseases not to attend 136 397 Vaccination 136 396 SCHEDULE OF STREET RAILWAYS— Street railway 172 516 Penalty 173 519 SEALER OF WEIGHTS AND MEASURES— Duties of 180 535 INDEX 465 PAGE SECTION Branding of weights and measures by. . . . 180 536 Reports of 182 542 SECRETARY OF SINKING FUND COMMISSION— See 168 499 Duties 168 500 Salary and bond 168 501 Appointment 168 502 SERGEANT OF POLICE— Salary of 118 344 Bond of oath 118 345 SEWERS— Districts three in number 141 415 District No 1 141 416 District No. 2 142 417 District No. 3 144 418 License of sewer builders 145 419 Numbering sewers 146 421 Control of same 146 42 Application and permit 146 422 Record and fee for permit 147 423 Drawings, filing of 147 424 Fixtures, access to 147 424 Repair of 147 424 House Connections 147 425 Pipes, quality of 147 425 Pipes, size ot 147 425 Soil pipes 147 425 Connections 148 436 Openings 148 427 Danger signals 149 428 sewer districts- No 1 141 416 No. 2 142 417 No. 3 144 418 466 INDEX PAGE SECTION SEWER BUILDERS— Duties of 146 422 Application of . . . . 146 422 License of 145 419 Responsible for settling 149 429 Not to break into sewer 150 431 Water permits for 150 433 SEWER CONNECTIONS— Permit for 146 422 Where no "Y" how made 150 431 SHRUBBERY— Destroying , 92 246 SHOWS— License for 49 114 Fee for same 49 115 Exceptions as to license 50 116 Must show license 50 117 Penalty • 50 118 SIDEWALKS— Grade and width. 157 459 Construction of 157 460 In front of private residence 157 461 Carriages and driveways 158 462 Coal cellars or pits 158 463 Unloading upon w .j 159 464 Repair of 159 465 Fruit stands, etc 159 466 Crossings 160 468 Inspectors 160 469 Hitching posts 160 470 Trees 160 471 Trees near lights 161 472 Signs 161 473 Awnings signs, etc 161 474 INDEX 467 PAGE SECTION Width of 162 476 Engineer's duty 162 477 Construction, etc., of 163 478 Council may construct and assess cost of same 163 479 Dangerous defects, repair of 163 480 Posts and trees 164 481 Rubbish on 164 482 Space for exhibiting goods 164 483 Merchandise on 165 484 Driving over 165 4. Windows, porches, areas, etc., projecting over 165 486 Railings and covers 165 487 Title not granted how 165 488 Balconies over 166 490 Porches over 166 490 Porches over 166 490 Hand carts with swill, etc. upon 166 491 Cleaning of 166 493 Superintendent of streets, duties of 166 494 Snow, ice and dirt on, to be removed 166 495 Mayor to give notice, when 167 496 Unlawful obstruction of 79 188 SIGNS— On sidewalks 161 473 Destroying 92 249 SIGN PAINTING— See Bills SINKS— Board of Health, rules 333 SINKING FUND COMMISSION— Bond and oath of 168 498 Secretary of 168 499 Secretary's duties 168 500 Secretary's bond and salary 168 501 468 INDEX PAGE SECTION Secretary's appointment 168 502 SKATING— In streets 96 269 SKATING RINKS — License for 51 123 Penalty 51 122 Fees for license 51 • 123 SLAUGHTER HOUSES— To be kept clean 107 310 Board of Health, rules as to 341 SMALL-POX— Unlawful to introduce 135 394 Patients to be under control of Board of Health 136 398 Patients to be confined 138 402 Flag on dwelling 138 402 Board of Health, rules as to 342 SNOW AND ICE— On sidewalks 166 495 SPEED— In streets 95 256 SPRINKLING— Right of way of railway company to be sprinkled 174 521 Penalty on same 174 522 STARK COUNTY WORKHOUSE— Prisoners may be sent to 128 365 STARK ELECTRIC RAILWAY COMPANY— Route ordinance 251 Franchise ordinance covering original route 255 Extending lines of franchise for 258 STARK BREWING CO.— Franchise of to construct switch 279 INDEX . 469 PAGE SECTION STARK COUNTY TELEPHONE CO.— Franchise of 314 STABLES — Drainage from 104 298 Board of Health, rules as to 333 STALLIONS— Not to be put to mares except 5 2 Penalty 5 2 STALLS, MARKET HOUSE— Minimum price of same 73 174 License for same 75 181 STREETS — Skating and sliding in 96 269 Obstructions in 97 275 Numbering of 170 507 Numbering or houses on 170 510 Naming of 69 503 STREETS AND PUBLIC GROUNDS— Use of for building material 26 61 Space occupied, signal lights 26 61 Engineer to report encroach upon 43 97 To allow gate to swing across, penalty 80 190 Unlawful to place tacks, etc., upon 80 192- Placing solids or liquids offensive or unwholesome upon 94 260 Obstruction by steam railroad 95 262 Deposit of dirt, filth, etc., upon 102 289 Water from premises not to be discharged 103 291 Placing dead animals upon 105 301 Transporting dead animals upon 105 302 Eaves overhanging to be provided with eaves troughs. . 105 305 Unlawful to deposit manure, straw, etc 108 316 Meaning of "Street" 146 421 Speed in streets 95 265 470 INDEX PAGE SECTION Hitching horses 96 266 Processions upon 96 267 Processions right of way 96 268 Moving buildings 29,30 69,70,71 Skating and sliding in 96 269 Cleaning fish upon no 32.1 Lighting building materials, etc. in 26 61 Stopping or standing on crosswalks 97 271 Flying kites and playing ball 97 272 Obstructing by steam railway 95 262 STREET CARS— Not to jump on 83 204 STREET RAILWAYS— Fenders 172 514 Penalty 172 515 Schedule 172 516 Duty of Mayor 173 517 Saving clause 173 518 Penalty 173 519 Rules governing same 173 520 Sprinkling right of way 174 521 Penalty 174 522 CANTON STREET RAILWAY CO.— Franchise of 192 " 198 " 200 " 202 " 203 LAKESIDE STREET RAILWAY CO.— Franchise of 207 " 196 PERCY S. SOWERS— Franchise of 196 INDEX 471 PAGE SECTION WILLIAM A. LYNCH — Franchise of 211 " 2[ 5 ; 217 " 220 CANTO X & MASSILLON ELECTRIC RAILWAY CO.— Franchise of 223 " 225 " 227 CANTON-AKRON ELECTRIC RAILWAY CO.— Franchise of 233 " 236 " 239 " 249 f 229 STREET NAMES AND HOUSE NUMBERS— Marking' street numbers 169 503 House numbers 169 504 Plan of numbering 169 505 Place of numbers 170 506 Streets how numbered 170 507 City Civil Engineer to divide lots and blocks not pro- vided for 170 508 New blocks and buildings 170 509 Owners, etc , required to number 170 510 Notice to be given by City Civil Engineer 171 511 Interfering with numbers 171 512 STREAMS— Fouling by dead animals, etc 105 301 SUNDAY— Selling liquor on 86 220 SUSPICIOUS PERSONS— Defined 87 225 Penalty 88 226 472 INDEX PAGE SECTION SUPERINTENDENT OF CEMETERIES— Duties of 133 381,383 SUPERINTENDENT OF STREETS— Duty to enforce 99 279 Prisoners on streets to have care of 128 367 T TACKS— Unlawful to be placed on sidewalks, streets, etc 80 192 TANDEM BICYCLES— See Automobiles. TELEPHONE COMPANIES— Midland Telephone Co. franchise of 305 Central Union Telephone Co. franchise of 307 Carroll County Telephone Co. franchise of 311 Stark County Telephone Co. franchise of 314 TELEGRAPH COMPANIES— American Rapid Telegraph Co. franchise of 300 Western Union Telegraph Co. franchise of 301 Postal Telegraph Cable Co. franchise of 303 TENEMENT HOUSES— Regulations of Board of Health 335 THEATRE— License for 50 119 THIEVES— Habitual resort for 102 287 TRAM PS- See Beggars. TRANSIENT DEALERS— License to same 175 523 License how issued 175 524 INDEX 473 PAGE SECTION Fee for same 175 524 Penalty 175 525 TREES — Destroying 92 246 Trimming of 161 471,472 Where to be placed 164 481 Hitching horses to 92 247 In cemetery destroying , 92 248 Lombardy poplars : 98 278,279 TREASURER — Bond of 39 87 Duties of 39 87 Salary of 39 87 Houtz poor fund, duties in connection therewith 67 159 Firemen's Pension 59 138 TRICYCLE — See Automobiles. TURNKEYS— Salary 118 344 Bond and oath 118 345 TORPEDOS— Sale of same 126 345 Having in possession 127 362 Discharge of same 127 362 Penalty 127 364 U UNDERTAKINGS— To be signed by Mayor when 23 59 UNDERTAKERS— Permit and certificate how obtained 132 378 474 INDEX PAGE SECTION UNSAFE BUILDINGS — Board of examiners 28 65 Duties of said board 28 66 Cost of removing same 28 67 union label- To be used on city printing 45 103,104,105 V VACCINATION— Scholars to be vaccinated 136 396 VAGRANTS— See beggars. VAULTS— Not to become offensive 104 297 VALLEY RAILWAY CO.— Franchise of 270 " 271 " 272 " 273 VEGETABLES— Decayed, sale of prohibited 135 39c VEHICLES— Not to be driven over sidewalks 165 485 W WAGONS — Not to be driven on sidewalks 165 485 Not to stand on crosswalks 97 271 WATER COURSES — Not to be obstructed 110 332 INDEX 475 PAGE SECTION WATER CLOSETS — Character of 154 451 WATER WORKS— Location of same 185 549 Rights to be appropriated.. 186 550 City Solicitor, duty of 187 551 Meyer's lake and race, unlawful to pollute 187 552 Penalty 188 553- Bathing in water works reservoir 188 554 Interest in sinking fund of 188 555 Rules of Board of Public Service as to WASTE PIPES— See Sewers. WARDS— 1 st Ward 176 526 2nd Ward 176 527 3rd Ward 176 528 4th Ward 177 529 5th Ward 177 530 6th Ward 178 531 WEIGHTS AND MEASURES— Weights and measures 179 532 Standards 179 533; Certain articles, how measured 180 534 Inspection 180 535 Stamping and branding 180 536 Weights and measures to be stamped and branded. . . . 180 537 Exhibition to sealer of weights and measures 181 538 Untrue weights and measures, etc 181 539 Counterfeiting 181 540 Articles of dry measure, how sold 181 541 Sealer's report 182 542 Penalty 182 543; Weighmaster, duties of 182 544 476 INDEX PAGE SECTION Certificate of weighmaster 182 545 Weighmaster to weigh coal 182 546 Inspection of scales, etc 183 547 False weights and measures, destruction of 183 547 Coal wagons to be weighed and marked 184 548 WEIGHMASTER — Duties of 182 544,545 Weighing of coal by 182 546 Powers of 183 547 Coal wagons weighing of by 184 548 WELLS— ' To be at least ten feet from vault 154 450 WESTERN UNION TELEGRAPH CO.— Franchise of 301 WITNESSES— Subpoenas for 43 101 Must attend and answer 44 102 WINDOW— Projecting over sidewalk 165 486