291 THE UNIVERSITY OF ILLINOIS LIBRARY 1914 - Digitized by the Internet Archive in 2016 / https://archive.org/details/codeofcoloradospOOcolo Compliments of the City of Colorado Springs ^ • , r .Colorado, THE CODE OF COLORADO SPRINGS. Comprising Article XX of the Constitution of the State of Colorado, The Charter, Amendments Thereto, and General Ordinances of the City of Colorado Springs, Colorado, 1914 Revised, Compiled, Edited and Prepared for Publication by the City Clerk and City Attorney. Frank Exline, LL. B., Special Assistant PUBLISHED BY AUTHORITY OF THE CITY COUNCIL COLORADO SPRINGS, COLO. THE JOSLYN QUICK PRINTERY OFFICERS AND EMPLOYES OE THE CITY OF COLORADO SPRINGS January 1, 1914 Mayor Charles L. McKesson Commissioner of f inmvce J. J. Eubank 'Commissioner of Public Safety D. G. Johnson Commissioner of Public Works and Property A. J. Lawton Commissioner of Health and Sanitation E. W. Erost Police Magistrate C. R. Manning City Clerk Charles Chapman Deputy City Clerk and License Collector Charles P. Smith Recording Clerk and Stenographer Julia H. Dakens Deputy and Miscellaneous Clerk C. R. Chapman City Attorney Henry C. Hall Assistant City Attorney J. L. Bennett Treasurer F. A. • Bartholomew Auditor H. G. Cogsdill S^iperintcndent of Water and Water Works B. B. McReynolds Clerk Cyrus B. Grimes Water Coimmssioner W. R. Allen Clerk Clerk Superintendent of Streets Foreman of Street Department SeciTtary of Street Department City Engineer Assistant City Engineer Stenographer and Clerk City Electrician City Forester Health Officer Clerk Market Master Assistant Market Master Chemist and Bacteriologist Plumbing Inspector Superintendent of Cemetery Assistant Superintendent of Cemetery Chief of Police * Captain of Police Clerk of Police Department Chief of Fire Department Assistant Chief Fire Department C. A. McLain Frank M. Young B. A. Briggs J. R. Sitlington R. P. Van Hook F. F. Mallon G. E. Austin Irene M. Price Charles Reasoner F. P. McKown Omer R. Gillette, M. D. . G. G. Avery . . . S. L. Caldwell, M. D. Henry Testerman J. E. FuLLEt^ Thomas J. Jones J. W. Glackin John Ryan S. D. Burno J- H. Stark Carl F- Matthews ;P. D. McCartin M. C. Donahue Li I s s. BOARDS AND COMMISSIONS. CIVIL SERVICE COMMISSION. E. D. Marr, President H. Alexander Smith R. P. Van Hook, Secretary. R. C. Wright PARK COMMISSION. Horace G. Lunt, President E. J. Ullrich D. V. Donaldson Irving Howbert A. G. Sharp C. B. Seldom RIDGE J. B. Lang, Superintendent. R. P. Van Hook, Assistant Secretary. TRUSTEES PUBLIC LIBRARY. Charles L. McKesson, Mayor, (Bx-OMcio) H. G. Lunt Mrs. W. H. Spurgeon Miss E. T. Brinley W. P. Kinney H. W. Hoagland H. C. Hall % Miss Lucy Baker, Librarian, 448004 TABLE OF CONTENTS ORDINANCE NO. 885. To Provide for the Compilation of this Code. CONSTITUTION. Of the State of Colorado, Article XX, as Amended. CHARTER. Of the City of Colorado Springs, and Amendments Thereto. CHAPTER L CHAPTER II. CHAPTER III. CHAPTER IV. CHAPTER V. CHAPTER VL CHAPTER VII. CHAPTER VIII. CHAPTER IX. CHAPTER X. CHAPTER XI. CHAPTER XII. APPENDIX. THE CODE. Of the City Government; Departments, Com- missions, Officers, and General Provisions. C)f the Department of Water and Water Works. Of the Department of Finance. Department of Finance, continued. Of Licenses, and License Regulations. Of the Department of Public Safety, Including the Police Department. Of Public Offenses, and Penalties. Of the Fire Department. Of the Department of Public Works and Prop- erty; Relating to Public Works. Of Public Property, Highways, and Utilities. Of the Department of Public Health and Sani- tation. Of Plumbing, Sewers, and Drainage. Of Foods, Markets, Weights and Measures. Comprising Franchises; Certain Rights of Way; Contracts; Abstracts of Ordinances Regarding Vacating Streets, Etc. AN ORDINANCE TO PROVIDE FOR THE COMPILATION, PUBLICATION AND DISTRIBUTION OF ARTICLE 20 OF THE CON- STITUTION OF THE STATE OF COLORADO, AND THE CITY CHARTER OF THE CITY OF COLORADO SPRINGS AND ALL THE GENERAL ORDINANCES OF SAID CITY, CLASSIFIED UNDER APPROPRIATE HEADS, WITH INDEXES, IN ONE VOLUME. Be It Ordained by the City oe Colorado Springs: Section i. The City Clerk and the City Attorney hereby are authorized and directed to prepare for publication in book form Article 20 of the Constitution of the State of Colorado, and the Charter of the City of Colorado Springs, and to revise, compile, edit and prepare for publication in said .book all the general ordinances of the City in force at the time of the completion for publication of said book, together with a complete index. The City Clerk shall prepare a certificate under seal to the effect that the volume contains all the general ordinances of the City of Colorado Springs in force at the date of such certificate, the City Charter in full, and Article 20 of the Constitution of the State of Colorado, that he has carefully compared the Charter and ordinances with the original manuscripts on file in his office, and that the compilation and revision is complete, true and correct. This compilation shall be knovv^n as “The Code of Colorado Springs.” Section 2. The ordinances shall be arranged into numbered chapters and articles; classified under appropriate heads, col- lated and so arranged by sections that all the law upon any sub- ject shall be appropriately placed under the proper chapter. Each numbered section of the ordinances shall have the number falling to it in the compilation by beginning with number “i” for the first section and numbering the sections consecutively in bold faced type throughout, which said numbers shall be the general Code number; there shall follow in bold faced type such leading textwords of each section, as the revisers shall deem useful, and the number of the section of the ordinance as originally passed. After a bracket at the end of each section or after the last section of an ordinance pub- lished consecutively, there shall be given the file number of the ordi- nance and the date of its passage, amendment or adoption. Section 3. When the work herein provided for is completed and the City Clerk as above required shall certify under his hand and seal of the City of Colorado Springs as to the correctness thereof by comparison with the orig-inal manuscripts on file in his office, the Charter, ordinances and other matters contained in said volume so certified shall be prima facie evidence of the originals in all courts and tribunals of this State, and the Charter and ordinances and other matters contained in said volume, when printed as herein provided, shall be received in evidence in all Courts, or other places without further proof. Se:ction 4. In all actions for the recovery of any fines or pen- alties incurred for a violation o.f any provision of the Charter or any ordinance published in said volume, it shall be sufficient to state in the complaint or affidavit the general Code number in said volume of the section of the Charter or of the ordinance violated, together with the year of the compilation of said volume, without stating anything further relating to the nature of the offense charged. , Sr:cTiON 5. All ordinances in conflict with any of the provisions of this ordinance are hereby repealed, and all laws of the State in conflict with any of the provisions of this ordinance hereby are superseded. Section 6. This ordinance shall be published as required by the City Charter and shall take effect and be in force from and after ten days after its final passage. . ’ Passed December ii, 1912. ARTICLE XX OF THE CONSTITUTION OF THE STATE OF COLORADO. Adopted November 4, 1902; Amended November 5, 1912 ARTICLE XX. City and County of Dfnver. Incorporated. Section i. The municipal corporation known as the city of Denver, and all municipal corporations and that part of the quasi- municipal corporation known as the county of Arapahoe, in the State of Colorado, included within the exterior boundaries of the said city of Denver as the same shall be bounded when this amend- ment takes effect, are hereby consolidated and are hereby declared to be a single body politic and corporate, by the name of the ‘'City and County of Denver.” By that name said corporation shall have perpetual succession, and shall own, possess and hold all property, real and personal, theretofore owned, possessed or held by the said city of Denver and by such included municipal corporations, and also all property, real and personal, theretofore owned, possessed or held by the said county of Arapahoe, and shall assume, manage and dispose of all trusts in any way connected therewith ; shall suc- ceed to all the rights and liabilities, and shall acquire all benefits, and shall assume and pay all bonds, obligations and indebtedness of said city of Denver and of said included municipal corporations and of the county of Arapahoe ; by that name may sue and defend, plead and be impleaded, in all courts and places, and in all matters and pro- ceedings ; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold and enjoy, or sell and dispose of, real and personal property; may receive bequests, gifts and donations of all kinds of property, in fee simple, or in trust for public, charitable or other purposes; and do all things and acts necessary to carry out the purposes of such gifts, bequests and donations, with power to manage, sell, lease or otherwise dispose of the same in ac- cordance with the terms of the gift, bequest or trust; shall have the power, within or without its territorial limits, to construct, con- demn and purchase, acquire, lease, add to, maintain, conduct and operate, water works, light plants, power plants, transportation systems, heating plants, and any other public utilities or works or ways local in use and extent, in whole or in part, and everything required therefor, for the use of said city and county and the inhab- itants thereof, and any such systems, plants or works or ways, or any contracts in relation or connection with either, that may exist and which said city and county may desire to purchase, in whole or in part, the same or any part thereof may be purchased by said city and county which may enforce such purchase by proceedings at law VII as in taking land for public use by right of eminent domain, and shall have the power to issue bonds upon the vote of the taxpaying electors, at any special or general election, in any amount necessary to carry out any of said powers or purposes, as may by the charter be provided. The general annexation and consolidation statutes of the state shall apply to the city and county of Denver to the same extent and in the same manner that they would apply to the city of Denver if it were not merged, as in this amendment provided, into the city and county of Denver. Any contiguous town, city or territory here- after annexed to or consolidated with the city and county of Denver, under any of the laws of this state, in whatsoever county the same may be at the time, shall be detached per se from such other county i nd become a municipal and territorial part of the city and county of Denver, together with all property thereunto belonging. The city and county of Denver shall alone always constitute one judicial district of the state. Officers. Sec. 2. The officers of the city and county of Denver shall be such as by appointment or election may be provided for by the charter; and the jurisdiction, term of office, duties and qualifications of all such officers shall be such as in the charter may be provided; 3ut every charter shall designate the officers who shall, respectively, 'perform the acts and duties required of county officers to be done by the constitution or by the general law, as far as applicable. If any officer of said city and county of Denver shall receive any compensa- tion whatever, he or she shall receive the same as .a stated salary, the amount of which shall be fixed by the charter, and paid out of the treasury of the city and county of Denver in equal monthly pay- ments. Transfer of Government. Sec. 3 . Immediately upon the canvass of the vote showing the adoption of this amendment, it shall be the duty of the governor of the state to issue his proclamation accordingly, and thereupon the city of Denver, and all municipal corporations and that part of the county of Arapahoe within the boundaries of said city, shall merge into the city and county of Denver, and the terms of office of ffil officers of the city of Denver and of all included municipalities and of the county of Arapahoe shall terminate; except, that the then mayor, auditor, engineer, council (which shall perform the duties of a board of county commissioners), police magistrate, chief of police and boards, of the city of Denver shall become, respectively, said officers of the city and county of Denver, and said engineer shall be ex officio surveyor and said chief of police shall be ex officio sheriff of the city and county of Denver; and the then clerk and ex officio VIII recorder, treasurer, assessor and coroner of the county of Arapahoe, and the justices of the peace and constables holding- office within the city of Denver, shall become, respectively, said officers of. the city and county of Denver, and the district attorney shall also be ex officio attorney of the city and county of Denver. The foregoing officers shall hold the said offices as above specified only until their successors are duly elected and qualified as herein provided for ; except that the then district judges, county judge and district attorney shall serve their full terms, respectively, for which elected. The police and firemen of the city of Denver, except the chief of police as such, shall continue severally as the police and firemen of the city and county of Denver until they are severally discharged under such civil service regulations as shall be provided by the charter; and every charter shall provide that the department of fire and police and the depart- ment of public utilities and works shall be under such civil service regulations as in said charter shall be provided. First Charter. Sec. 4. The charter and ordinances of the city of Denver as the same shall exist when this amendment takes effect, shall, for the time being only, and as far as applicable, be the charter and ordi- nances of the city and county of Denver; but the people of the city and county of Denver are hereby vested with and they shall always have the exclusive power in the making, altering, revising or amend- ing their charter and, within ten days after the proclamation of the governor announcing the adoption of this amendment the council of the city and county of Denver shall, by ordinance, call a special election, to be conducted as provided by law, of the qualified electors in said city and county of Denver, for the election of twenty-one taxpayers who shall have been qualified electors within the limits thereof for at least five years, who constitute a charter convention to frame a charter for said city and county in harmony with this amend- ment. Immediately upon completion, the charter so framed, with a prefatory synopsis, shall be signed by the officers and members of the convention and delivered to the clerk of said city and county who shall publish the same in full, with its official certification, in the official newspaper of said city and county, three times, and a week apart, the first publication being with the call for a special election, at which the qualified electors of said city and county shall by vote express their approval or rejection of the said charter. If the said charter shall be approved by a majority of those voting thereon, then two copies thereof (together with the vote for and against) duly certified by the said clerk, shall, within ten days after such vote is taken, be filed with the secretary of state, and shall thereupon be- come and be the charter of the city and county of Denver. But if the said charter be rejected, then, within thirty days thereafter, twenty-one members of a new charter convention shall be elected IX at a special election to be called as above in said city and county, and they shall proceed as above to frame a charter, which shall in like manner and to the like end be .published and submitted to a vote of said voters for their approval or rejection. If again rejected, the procedure herein designated shall be repeated (each special election fot* members of a new charter convention being within thirty days after each rejection) until a charter is finally approved by a majority of those voting thereon, and certified (together with the vote for and against) to the secretary of state as aforesaid, whereupon it shall become the charter of the said city and county of Denver and shall become the organic law thereof, and supersede any existing charters and amendments thereof. The members of each of said charter con- ventions shall be elected at large ; and they shall complete their labors within sixty days after their respective election. Every ordinance for a special election of charter convention members shall fix the time and place where the convention shall be held, and shall specify the compensation, if any, to be paid the officers and members thereof, allowing no compensation in case of non- attendance or tardy attendance, and shall fix the time when the vote shall be taken on the proposed charter, to be not less than thirty days nor more than sixty days after its delivery to the clerk. The charter shall make proper provision for continuing, amending or repealing the ordinances of the city and county of Denver. All expenses of charter conventions shall be paid out of the treasury upon the order of .the president and secretary thereof. The expenses of elections for charter conventions and of charter votes shall be paid out of the treasury upon the order of the council. No franchise relating to any street, alley or public place of the said city and county shall be granted except upon the vote of the qual- ified taxpaying electors, and the question of its being granted shall be submitted to such vote upon deposit with the treasurer of the expense (to be determined by said treasurer) of such submission by the applicant for said franchise. The council shall have power to fix the rate of taxation on property each year for city and county pur- poses. New Charters, Amendments or Measures. ^ Sec. 5. The citizens of the city and county of Denver shall have the exclusive power to amend their charter or to adopt a new charter, or to adopt any measure as herein provided. It shall be competent for qualified electors in number not less than five per cent, of the next preceding gubernatorial vote in said city and county to petition the council for any measure, or charter amendment, or for a charter convention. The council shall submit the same to a vote of the qualified electors at the next general elec- tion not held within thirty days after such petition is filed ; whenever X such petition is signed by qualified electors in number not less than ten per cent, of the next preceding gubernatorial vote in said city and county, with a request for a special election, the council shall submit it at a special election to l)e held not less than thirty nor more than sixty days from the date of filing the petition; Provided, That any question so submitted at a special election shall not again l)e submitted at a special election within two years thereafter. In sub- mitting any such charter, charter amendment or measure, any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately without prejudice to others. Whenever the question of a charter convention is carried by a majority of those voting thereon, a charter convention shall be called through a special election ordinance as provided in section four (4) hereof, and the s^me shall be constituted and held and the proposed charter submitted to a vote of the qualified electors, ap- proved or rejected, and all expenses paid, as in said section provided. The clerk of the city and county shall publish, with his official certification, for three times, a week apart, in the official newspaper, the first publication to be* with his call for the election, general or special, the full text of any charter, charter amendment, measure or proposal for a charter convention, or alternative article or proposi- tion, which is to be submitted to the voters. Within ten days fol- lowing the vote the said clerk shall publish once in said newspaper the full text of any charter, charter amendment, measure, or pro- posal for a charter convention, or alternative article or proposition, which shall have been approved by a majority of those voting there- on, and he shall file with the secretary of state two copies thereof (with the vote for and against) officially certified by him, and the same, shall go into effect from the date of such filing. He shall also certify to the secretary of state, with the vote for and against, two copies of every defeated alternative article or proposition, charter, charter amendment, measure or proposal for a charter convention. Each charter shall also provide for a reference upon proper petition therefor, of measures passed by the council to a vote of the qualified electors, and for the initiative by the qualified electors of such ordi- nances as they may by petition request. The signatures to petitions in this amendment mentioned need not all be on one paper. Nothing herein or elsewhere shall prevent the council, if it sees fit, from adopting automatic vote registers for use at all elections and references. No charter, charter amendment or measure adopted or defeated under the provisions of this amendment shall be amended, repealed or revised, • except by petition and electoral vote. And no such charter, charter amendment, or measure shall diminish the tax rate for state purposes fixed by act of the general assembly, or inter- fere in any wise with the collection of state taxes. XI Se:c. 6. The people of each city or town in this State, having a population of two thousand inhabitants as determined by the last preceding census taken under the authority of the United States, the State of Colorado or said city or town, are hereby vested with, and they shall always have, power to make, amend, add to or replace the charter of said city or town, which shall be its organic law and extend to all its local and municipal matters. Such charter and the ordinances made pursuant thereto in such matters shall supersede within the territorial limits and other juris- diction of said city or town any law of the State in conflict therewith. Proposals for charter conventions shall be submitted by the city council or board of trustees, or other body in which the legislative powers of the city or town shall then be vested, at special elections, or at general state or municipal elections, upon petitions filed by qual- ified electors, all in reasonable conformity with Section 5 of this article, and all proceedings thereon or thereafter shall be in reason- able conformity with Sections 4 and 5 of this article. From and after the certifying to and filing with the Secretary of State of a charter framed and approved in reasonable conformity with the provisions of this article, such city or town, and the citizens thereof, shall have the powers set out in Sections i, 4 and 5 of this article, and all other powers necessary, requisite or proper for the government and administration of its local and municipal matters, including power to legislate upon, provide, regulate, conduct and control : a. The creation and terms of municipal offices, agencies and employments ; the definition, regulation and alteration of the powers, duties, qualifications and terms or tenure of all municipal officers, agents and employes; b. The creation of police courts, the definition and regulation of the jurisdiction, powers and duties thereof, and the election or appointment of police magistrates therefor; c. The creation of municipal courts ; the definition and regula- tion of the jurisdiction, powers and duties thereof, and the election or appointment of the officers thereof ; '' d. All matters pertaining to municipal elections in such city or town, and to electoral votes therein on measures submitted under the charter or ordinances thereof, including the calling or notice and the date of such election or vote, the registration of voters, nom- inations, nomination and election systems, judges and clerks of election, the form of ballots, balloting, challenging, canvassing, cer- tifying the result, securing the purity of elections, guarding against abuses of the elective franchise, and tending to make such elections or electoral votes non-partisan in character; XII e. The issuance, refunding and liquidation of all kinds of munic- ipal obligations, including bonds and other obligations of park, water and local improvement districts ; f. The consolidation and management of park or water districts in such cities or towns or within the jurisdiction thereof ; but no such consolidation shall be effective until approved by the vote of a majority, in each district to be consolidated, of the qualified electors voting therein upon the question; g. The assessment of property in such city or town for munic- ipal taxation and the levy and collection of taxes thereon for munici- pal purposes and special assessments for local improvements; such assessment, levy and collection of taxes and special assessments to be made by municipal officials or by the county or state officials as may be provided by the charter; h. The imposition, enforcement and collection of fines and pen- alties for the violation of any of the provisions of the charter, or of any ordinance adopted in pursuance of the charter. It is the intention of this article to grant and confirm to the people of all municipalities coming within its provisions the full right of self-government in both local and municipal matters and the enumeration herein of certain powers shall not be construed to deny to such cities and towns, and to the people thereof, any right or power essential or proper to the full exercise of such right. The statutes of the State of Colorado, so far as applicable, shall continue to apply to such cities and towns, except in so far as super- seded by the charters of such cities and towns or by ordinance passed pursuant to such charters. All provisions of the charters of the City and County of Denver and the cities of Pueblo, Colorado Springs and Grand Junction as heretofore certified to and filed with the Secretary of State, and of the charter of any other city heretofore approved by a majority of those voting thereon and certified to and filed with the Secretary of State, which provisions are not in conflict with this article, and all elections and electoral votes heretofore had under and pursuant thereto, are hereby ratified, affirmed and validated as of their date. Any act in violation of the provisions of such charter or of any ordinance thereunder shall be criminal and punishable as such when so provided by any statute now or hereafter in force. The provisions of this Section 6 shall apply to the City and County of Denver. This article shall be in all respects self-executing. [Adopted at election on November 5, 1912. Vote for 49,596, against 44,778. In force by proclamation of Governor, January 23, 1913] XIII School Districts Consolidated. Sec. 7. The city and county of Denver shall* alone always con- stitute one school district, to be known as District No. i, but its con- duct, affairs and business shall be in the hands of a board of educa- tion consisting of such numbers, elected in such manner as the gen- eral school laws of the state shall provide, and until the first election under said laws of a full board of education which shall be had at the first election held after the adoption of this amendment, all the directors 'Of school district No. i, and the respective presidents of the school boards of school districts Nos. 2, 7, 17, and 21, at the time this amendment takes effect, shall act as such board of education, and all districts or special charters now existing are hereby abolished. The said board of education shall perform all the acts and duties required to be performed for said district by the general laws of the state. Except as inconsistent with this amendment, the general school laws of the state shall, unless the context evinces a contrary intent, be held to extend and apply to the said '‘District No. i.” Upon the annexation of any contiguous municipality which shall include a school district or districts or any part of a district, said school district or districts or part shall be merged in said "District No. I,’’ which shall then own all the property thereof, real and per- sonal, located within the boundaries of such annexed municipality, and shall assume and pay all the bonds, obligations and indebtedness of each of the said included school districts, and a proper proportion of those of partially included districts; Proznded, however, That the indebtedness, both principal and interest, which any school district may be under at the time when it becomes a part, by this amendment or by annexation, of said “District No. i,” shall be paid by said school district so owing the same by a special tax to be fixed and certified by the board of educa- tion to the council which shall levy the same upon the property within the boundaries of such district, respectively, as the same existed at the time such district becomes a part of said "District No. i,” and in case of partically included districts, such tax shall be equitably apportioned upon the several parts thereof. Sec. 8. Anything in the constitution of this state in conflipt or inconsistent with the provisions of this amendment is hereby declared to be inapplicable to the matters and things by this amendment covered and provided for. XIV ORDER OF COUNTY COMMISSIONERS Incorporating the Town of Colorado Springs Special Meeting of the Board of County Commissioners. Ci^erk's Or'FicE, Colorado City, September 2, 1872. Full board in attendance. Commissioner France presented a petition signed by two-thirds of the citizens of Colorado Springs, asking that the town of Colorado Springs be incorporated under the statute in such case made and provided ; therefore, on motion, it was CFdered, That the town of Colorado Springs be, and hereby is, declared duly incorporated under the laws of the Territory of Colo- rado, and that said incorporated town shall include all the lots and lands within the following described boundaries, to-wit : Commenc- ing at the center of section five (5), township fourteen (14), range sixty-six (66), and running thence westerly to the center of section one (i), township fourteen (14), range sixty-seven (67) west; thence southerly to the center of section twenty-four (24), township fourteen (14), range sixty-seven '(67) west; thence easterly to the center of section twenty (20), township fourteen (14), range sixty- six (66) west; thence northerly to the place of beginning; and the following named persons, viz: R. A. Cameron, William B. Young, Edward Copley, Matt. France and John Potter, are hereby appointed trustees to manage the af¥airs of said town until an election be held as provided by law. TERRITORY OE COLORADO, County of El Paso. I, Irving Howbert, county clerk within and for said county, do hereby certify that the foregoing is a true and correct copy of the order made by the board of county commissioners in incorporating the town of Colorado Springs, according to the records on file in my office. Witness my hand and official seal, this 29th day of November, A. D. 1873. IRVING HOWBERT, (Seal.) County Clerk. D. McSHANE, Chairman. IRATNG HOWBERT, Clerk. XV citV organization. On the 1 6th day of March, 1876, a meeting of the board of trus- tees of the town of Colorado Springs, was held to consider the question of assuming a city organization. All the members of the board were present, viz: Henry McAllister, Jr., president of the board; G. H. Stewart, Lewis Whipple, C. H. White, G. S. Barnes, N. Hodgman and H. A. True. It was shown that a census had just been completed and the population of the town found to be three thousand one hundred and three, more than enough to entitle the town to a city organization. Whereupon, G. H. Stewart offered a resolution which was adopted by a unanimous vote that the town of Colorado Springs assume a city organization under the corporate name of The City of Colorado Springs. REORGANIZATION. On the 4th day of March, 1878, a special election was held in the City of Colorado Springs to determine whether the city should abandon its organization and reorganize under the general law for municipal organization. The question was decided in the affirmative by a majority of 142 of the whole number of votes cast. XVI THE CHARTER OF THE CITY OF COLORADO SPRINGS FRAMED BY THE CHARTER CONVENTION. BY AUTHORITY OF ARTICLE XX OF THE CONSTITUTION ADOPTED MAY ii, 1909 OFFICERS AND MEMBERS OF THE CHARTER CONVENTION OF THE CITY OF COLORADO SPRINGS OFFICERS AND EMPLOYES President . . . . . Harry H. Seldomridge Vice-President . James J. Eubank Secretary^ . . . . Edward C. Sharer Assistant Secretary) . . George M. Irwin Stenographer . . . . Mary L. Richardson William M. Banning MEMBERS John M. Harnan Jacob Bishoff Henry W. Hoagland Willard N. Burgess P. M. Kistler Frank F. Castello Horace G. Lunt William J. Chinn Thomas F. McCaffery ' James J. Eubank Myer S. Rafield Thomas J. Fisher Harry H. Seldomridge Joseph B. Fowler Edward C. Sharer Moses C. Gile William H. Spurgeon Oliver P. Grimes Edgar J. Ullrich Henry C. Hall PREFATORY SYNOPSIS The Charter Convention, elected on January 19, 1909, submitted to the voters for approval, a draft of the Charter for the City of , Colorado Springs, which was adopted at an election held May ii, 1909. The Charter provides that the legislative, executive and judicial powers of the City shall extend to all matters of local and municipal government. The City is granted all the powers, privileges and functions which are granted by the constitution or laws of this State to any city of the first class. The powers of the City are vested in the elective officers, the Mayor and four Councilmen, elected at large for four year terms and subject to recall.* The legislative powers of the City are vested in the Council, except as reserved to the people by the provisions as to initiative and referendum. The executive and administrative power, authority and duty of the City are distributed among five departments : Department of Water and Water Works, Department of Finance, Department of Public Safety, Department of Public Works and Property, Department of Public Health and Sanitation. The Mayor is named as the Commissioner of Water and Water Works. The Council designates by majority vote one Councilman to be Commissioner of each of the other departments. The Mayor is made the chief executive officer of the City and upon the recommendation of the Commissioner of the appropriate de- partment, appoints the heads of such department and all other em- ployes in the service of the City. He is allowed to suspend or remove any officer or employe when, in his judgment, the public interests demand. The Charter seeks to preserve every valuable feature of the laws of the State of Colorado, and has only introduced such new methods or machinery as after careful consideration were deemed advisable and necessary in the assumption of home rule. A complete, non-partisan system for the election of municipal officers has been provided. Adequate provision for Civil Service has been made. 3 Special attention is called to the provisions made for the admin- istration of the Water Department, and the refunding of outstanding water bonds. The rights of the City are carefully guarded in the matter of public franchises and utilities. The Charter retains in the people the right to control public utilities, and requires that provision shall be made in every franchise hereafter granted permitting the City to purchase at a fair valuation such public utilities whenever the peo- ple shall deem it best so to do and vote in favor thereof. The contents are arranged as follows : Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article I. N ame, Boundaries, Powers, Rights and Liabilities. II. Elective Officers. III. The Council. IV. The Mayor. V. Executive and Administrative Departments. VI. Department of Water and Water Works. VII. Department of Finance. VIII. Department of Public Safety. IX. Department of Public Works and Property. X. ' Department of Public Health and Sanitation. XL Commissions and Boards. XII. Franchises and Public Utilities. XIII. Elections. XIV. Recall of Elective Officers. XV. The Initiative. XVI. The Referendum. XVII. Officers, Employes and Salaries. XVIII. Civil Service. XIX. General Provisions. 4 THE CHARTER OF THE CITY OF COLORADO SPRINGS PREAMBLE. We, the people of the City Of Colorado Springs, under the authority of the Constitution of the State of Colorado, do ordain and establish this Charter for the City of Colorado Springs. ARTICLE /. NAME, BOUNDARIES, POWERS, RIGHTS AND' LIABILITIES. 1. Name — Boundaries . — The municipal corporation now existing and known as the ‘‘City of Colorado Springs,” shall remain and con- tinue to be a body politic and corporate under the same name and with the same boundaries, with power and authority to change its boundaries in manner authorized by law. 2. Powers — Rights — Liabilities. — (a) By the name of the “City of Colorado Springs,” the City shall have perpetual succession, and shall own, possess and hold all property, real and personal, thereto- fore owned, possessed or held by the said City of Colorado Springs, and shall assume, manage and dispose of all trusts in any way con- nected therewith; (b) Shall succeed to all the rights and liabilities, and shall ac- quire all benefits, and shall assume and pay all bonds, obligations and indebtedness of said City of Colorado Springs; by that name may sue and defend, plead and be impleaded, in all courts and places, and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold and enjoy, or sell and dispose of, real and personal property; (c) May receive bequests, gifts and donations of all kinds of property, in fee simple, or in trust for public, charitable or other pur- poses ; and do all things and acts necessary to carry out the purpose of such gifts, bequests and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the gift, bequest or donation ; (d) Shall have the power, within or without its territorial limits, to construct, condemn and purchase, purchase, acquire, lease, add to, maintain, conduct and operate, waterworks, light plants, power plants, transportation systems, heating plants, and any other public utilities or works or ways local in use and extent, in whole or in part, and everything required therefor, for the use of said City and the inhabitants thereof, and any such systems, plants or works or ways, or any contracts in relation or connection therewith, that may exist and which said City may desire to purchase, in whole or in part, the 5 same or any part thereof may be purchased by said City which may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain, and shall have the power to issue bonds, upon the vote of the taxpaying electors, at any special or general election, in any amount necessary to carry out any of said powers or purposes; {e) Tlie legislative, executive and judicial powers of the City shall extend to all matters of local and municipal government, it being the intent hereof that the specifications of particular powers by any other provision of this Charter, shall never be construed as impair- ing the effect of the general grant of powers of local government hereby bestowed ; (/) The City shall also have all powers, privileges and functions which, by or pursuant to the Constitution of this State, have been or could be granted to or exercised by any City of the first class ; (g) All powers of the City shall, except as otherwise provided in this Charter, be vested in the elective officers, subject to distribu- tion and delegation of such powers as provided in this Charter or by ordinance. ARTICLE II. ELECTIVE OFFICERS. 3. Officers — Terms. — The elective officers of the City shall be a Mayor and four Councilmen, each of whom shall be elected at large by the qualified electors of the City. The term of all elective officers, except as otherwise provided herein, shall commence at 10 o’clock a. m. on the first secular day of May following their election, and, except as otherwise provided herein, shall be for four years and until their successors are elected and qualified; provided, how-ever, that of the four Councilmen first elected under this Charter, the term of the two receiving the highest number of votes shall be for four years, and the term of the other two shall be for two years ; and provided further, that the terms of the elective officers first elected under this Charter shall commence at 10 o’clock a. m. on the third Tuesday following the first general municipal election held under this Charter and shall end at 10 o’clock a. m. of the first secular day of May following the election of their successors. 4. Qualifications. — No person shall be eligible to the office of Mayor or Councilman unless he be a citizen of the United States, at least twenty-five years of age, and shall have been for five years im- mediately preceding such election a citizen of the City of Colorado Springs, and for two years immediately preceding his election shall have paid City taxes. 5. Vacancy. — If a vacancy occur in the office of Mayor or Coun- cilman, the Council shall appoint an eligible person to fill such va- cancy until the next general municipal election, subject to the pro- visions of Article XIV. Any vacancy shall be then filled by election for the unexpired term. 6 Vacancy shall exist when an elective officer fails to qualify for ten days after notice of his election, dies, resigns, is removed from office, removes from the City, absents himself continuously therefrom • for more than six months, is convicted of a felony or judicially de- clared a lunatic as defined by statute. 6. Removal. — In case of misconduct, inability or willful neglect in the performance of the duties of his office, the Mayor or any Councilman may be removed from office by the Council by a vote of four members, but he shall be given an opportunity to be heard in his defense, and shall have the right to appear by counsel and to have process issue to compel the attendance of witnesses who shall be re- quired to give testimony if he so elects. In such case the hearing shall be public and a full and, complete statement of the reasons for such removal, if he be removed, together with the findings of fact as made by the Council, shall be filed by the Council with the Clerk, and shall be and become a matter of public record. ARTICLE III. THE COUNCIL. 7. Legislative Powers. — All legislative powers of the City shall, except as otherwise provided by this Charter, be vested exclusively in a Council, which shall consist of the Mayor and four Councilmen. 8. President and Vice-President of Council. — The Mayor shall be President of the Council, and, when present, shall preside at all meetings. The Council shall elect one of its number to be Vice- President, who, during the absence or disability of the Mayor, or while any vacancy exists in the office of the Mayor, shall possess all of the powers and perform all of the duties of the Mayor, except that he shall not have any power of removal. 9. Judge of Their Elections. — The Council shall be the judge of the election and qualification of its own members, subject to review by the courts, in case of contest. 10. Restrictions Upon Members of the Council. — No member of the Council shall hold any other public office or employment, com- pensation for which is paid out of municipal moneys. No person shall be elected or appointed to any office, position or employment, the compensation which was increased or fixed by the Council while he was a member thereof, until after the expiration of one year from the date when he ceased to be a mmber of the Council. 11. Rides of the Council. — The Council shall determine its own rules of procedure, may punish its members for disorderly conduct, and may compel the attendance of members. 12. Meetings of the Council. — The Council shall prescribe the time and place of its meetings, and the manner in which special meetings thereof may be called. 7 The City Clerk shall be the Clerk of the Council, and shall, with the Mayor, sign and attest all ordinances and resolutions. A majority of the members of the Council shall constitute a quorum to do business, but a less number can adjourn. The Council shall sit with open doors at all legislative sessions, and shall keep a journal of its proceedings, which shall be a public record. 13. Ordinances and Resolutions. — (a) At legislative sessions the Council shall act only by ordinance, resolution or motion. {h) The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of its pro- ceedings. Upon the request of any member, the ayes and noes shall be taken and recorded upon any motion. Every member when present must vote, and every ordinance shall require on final passage, the affirmative vote of three members. (c) No ordinance shall be passed finally on the date it is intro- duced, except in the case of public emergency, and then only when requested by the Mayor in writing. No ordinance making a grant of any franchise or special privilege shall ever be passed as an emer- gency measure. {d) The enacting clause of all ordinances passed by the Council shall be in these words : ‘‘Be it Ordained by the City Council of the City of Colorado Springs {e) Every ordinance shall be published once in full in a daily newspaper of the City at least ten days before its final passage. 14. Publication of Ordinance Adopted. — Every ordinance adopted shall be published once in a daily newspaper of the City and shall not take effect until five days after such publication, except emergency ordinances passed as provided in this Article, which shall take effect upon passage and be so published on the following day, subject always to the provisions of Article XVI. 15. Amendment or Repeal. — No ordinance or section thereof shall be amended or repealed excqit by ordinance adopted in the manner provided in this Charter. 16. Ordinances Granting Franchises. — No proposed ordinance granting any franchise shall *be put upon its final passage within sixty days after its introduction, nor until it has been published not less than once a week for six consecutive weeks in two daily news- papers of general circulation published in the City. 17. Record of Ordinances. — A true copy of every ordinance shall be kept in a book marked “Ordinance Record,” and authenti- cated by the signatures of the Mayor and Clerk. 18. Proof of Ordinances. — Any ordinance may be proved by a copy thereof certified by the Clerk, under the seal of the City; or when printed in book or pamphlet form and purporting to be published by the authority of the City, the same shall be received in evidence in all Courts, or other places, without further proof. 8 19- Publication of Charter and Ordinances. — The Council shall, as speedily as may be, and in any event within two years from the time of its organization under this Charter, and from time to time thereafter, cause all ordinances at such times in force to be classified under appropriate heads, and to be published in book form, togethei with or separate from the Charter, and such provisions of the Con- stitution and laws of the State as the Council may deem expedient. 20. Power to Establish Offices. — The Council shall, consistent with the provisions of this Charter, establish any office, position or employment that may in its opinion be necessary or expedient, and fix the salary and duties thereof. It may at any time abolish the same, whereupon the salary attached thereto shall cease. 21. Statements. — The Council shall cause to be printed each month in pamphlet form a detailed statement of all receipts and ex- penditures of the City and a summary of its proceedings during the preceding month and furnish printed copies thereof to the public library, the daily newspapers of the City and to persons who shall apply therefor at the office of the Clerk. Said statement shall also show the amount of water used during the preceding month and the amount of reserve water in storage at the end of that month. 22. Vote of Council on Appointments. — All votes upon appoint- ments shall be by roll call and recorded. The vote of three members shall be necessary for appointment. ARTICLE IV. THE MAYOR. 23. Duties — Authority — Powers. — (a) The Mayor shall be the chief executive officer of the City. {b) He shall take care that this Charter, the laws of the State and the ordinances of the City are duly enforced within the City and its jurisdiction. He may remit fines, costs, forfeitures and penalties imposed for the violation of any ordinance, but shall make a report of such remissions to the Council at the next meeting thereafter with his reasons therefor. He shall have power to administer oaths. (c) He shall sign all contracts, bonds or other instruments re- quiring the assent of the City and take care that the same are duly performed. All legal process against the City shall be served upon the Mayor or Acting Mayor. {d) He shall be charged with the general oversight of all de- partments, boards and commissions of the City. {e) He shall be ex-officio a member of each board, commission or body created or authorized by this Charter, or by any ordinance of the City. {f) He shall have the right to vote on all questions coming be- fore the Council. 9 ( « ) He shall have power to appoint experts to examine the af- fairs of any pfficer or department of the City, whenever he shall deem it necessary. {h) He may require any officer or employe of the City to ex- hibit his books and papers. Failure or refusal to exhibit books or papers so required shall be ground for removal. (f) He shall have and exercise such powers, prerogatives and authority as are conferred by the provisions of this Charter, or as may be conferred upon him by the Council, or by the general laws of the State, not inconsistent with the general purposes and provisions of this Charter. (;) He shall appoint all officers and employes of the City whose election or appointment is not otherwise expressly provided for in this Charter. {k) He shall, upon the recommendation of the Commissioner of the appropriate department, appoint such heads of departments, deputies and principal assistants as may be created by this Charter or by ordinance. (/) He shall, upon like recommendation, appoint all other officers or employes in the service of the City, except day laborers and un- skilled workmen, and except as in this Charter otherwise expressly provided. The Commissioner may suspend any officer or employe in his department for a period not exceeding ten days, and the Mayor may suspend or remove any officer or employe for cause, whenever in his judgment the public interests demand or will be better subserved thereby ; and no officer whose office, position or employment, is created by ordinance shall hold the same for any fixed term, but shall always be subject to removal by the Mayor. In case of such removal, if the officer or employe so removed requests it, the Mayor shall file in the office of the Clerk a written statement of the reason for which the removal was made. The Council, by the affirmative vote of four members, may remove any of said offi- cers or employes. (m) He shall employ for a stipulated compensation, at the be- ginning of each fiscal year, a certified public accountant, who shall examine, at least twice each year, the books, records and reports of the Treasurer and of all officers and employes who receive or disburse City moneys,' and the books, records and reports of such other officers and departments as the Mayor may direct and make triplicate reports thereof, and present one each to the Mayor and Treasurer, and file one with the Clerk. Such accountant shall have unlimited privilege of investigation to examine under oath or other- wise all officers, clerks and employes of the City, and every such officer, clerk and employe shall give all required assistance and in- formation to such accountant, and submit to him for examination such books and papers of his office as may be requested, and failure to do so shall be ground for removal. The Council shall provide for the payment of the services of such accountant. lO 24- Veto Potver. — In ordinances making appropriations, the Mayor may veto any or every item therein, but such veto shall only extend to the items so vetoed, and those which he approves shall be- come effective, and those which he disapproves shall not become effective, unless passed over his veto by the vote of four (4) members of the Council. ARTICLE V. EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS. 25. Distribution. — The executive and administrative powers, authority and duties of the City, not otherwise herein provided for, shall be distributed among five departments, as follows : Department of Water and Water Works, Department of Finance, Department of Public Safety, Department of Public Works and Property, Department of Public Health and Sanitation. 26. Council Assign Duties. — The Council shall determine and assign the duties of the several departments ; shall prescribe the duties of officers and employes ; may assign particular officers and employes to one or more of the departments ; may require an officer or employe to perform duties in two or more departments, and may make such other rules and regulations as may be deemed necessary or proper for the efficient and economical conduct of the business of the City. 27. Commissioners of Departments. — The Mayor shall be the Commissioner of Water and Water Works. The Council, at its first regular meeting after the election of its members, shall designate by majority vote one Councilman to be Commissioner of Finance, one to be Commissioner of Public Safety, one to be Commissioner of Public Works and Property, and one to be Commissioner of Public Health and Sanitation ; proznded, however, that if the Council is un- able to agree upon such designation, the Mayor shall have the author- ity to make such designation. 28. Council May Change Designation. — The Council may change such designation (except that of the Department of Water and Water Works) by ordinance, or by resolution, whenever it shall determine that the public service requires such change. 29. Commissioner May Employ or Discharge. — The Commis- sioner for each of the departments shall have the supervision and control of all the affairs and property belonging to such department, except as otherwise provided in this Charter, or by ordinance, subject to such regulations as may be prescribed by the Council. He may employ and discharge or delegate to any subordinate the power to employ and discharge day laborers and unskilled workmen. II ARTICLE VI. DEPARTMENT OF WATER AND WATER WORKS. 30. Department an Entity. — The Department of Water and Water Works shall embrace all property, rights and obligations of the City in respect of water and water works, and shall insofar as practicable be administered as an entity. To that end all contracts, records and muniments of title pertaining thereto shall be assembled and carefully preserved, and accounts shall be kept of its assets, lia- bilities, receipts and disbursements, separate and distinct from the accounts of any other department. Its revenue shall be so applied that as far as possible the department shall be self-sustaining. 31. Commissioner Administer Department. — The Commissioner of Water and Water Works is charged with the administration of said department. He shall appoint all such officials, assistants and skilled employes as may be necessary, and may secure the services or advice of hydraulic engineers, special counsel and other experts for such compensation as may be approved by the Council. He shall take care that the water supply of the City is preserved from impair- ment or pollution and seasonably augmented so as to assure at all times a supply of potable water adequate for the growing needs of the City. To that end he shall cause comparative investigation to be made of all available reservoir sites and sources of such water sup- ply and report thereon to the Council with his recommendations. He shall also prepare and submit to the Council measures for the storage and augmenting of the City’s supply of water for ditch and irrigation purposes. He shall cause adequate water measurements and tests to be made and record thereof preserved. 32. Commissioner Pix Rates — Council Impose Fines. — He shall with the approval of the Council expressed by resolution, fix rates and establish regulations for the use of water by consumers and regu- lations for the orderly administration of the department. The Coun- cil shall by ordinance impose fines and penalties for the violation of any of said regulations. 33. Duty of Commissioner as to Bonds. — He shall, as soon as may be after this Charter goes into ei¥ect, prepare with the advice of the Commissioner of Finance a measure for the retirement by pur- chase or redemption of the existing water bonds of the City through the issuance and sale hereby provided for of bonds of the City to ma- ture not later than fifty years from their date, bearing interest at a rate not exceeding four per centum per annum and providing for payments into a sinking fund commencing not earlier than ten years from their date, said interest and sinking fund payments to be chargeable primarily upon the revenues of the department, and shall submit said measure to the Council for action thereon. He shall from time to time in like manner prepare and submit to the Council for action thereon measures for such bond issues or other financing of the department’s affairs as the needs of the City may require. T2 34- Emergency Warrants. — If at any time the moneys appropri- ated and available for said department shall be insufficient in his judgment to meet any emergency arisen in said department since the passage of the last annual appropriation ordinance, the Council may, upon his requisition and by resolution declaratory of the emergency, cause emergency warrants to be issued in an aggregate amount not exceeding one hundred thousand dollars in any one year, bearing interest at a rate not exceeding six per centum per annum, and payable out of the receipts of said department for the ensuing year, including proceeds from the sale of bonds. Said warrants and the moneys realized thereon shall be applied only to meeting the emerg- ency so declared. ARTICLE VII. DEPARTMENT OF FINANCE. 35. Fiscal Year Same as Calendar Year. — The fiscal year of the City shall commence on the first day of January and end on the last day of December of each year. 36. Public M'oneys. — The Commissioner of Finance shall have the direct control of the revenues of the City except as otherwise provided by this Charter or by ordinance. The Council shall by ordinance provide a system for the collec- tion, custody and disbursement of all public moneys, not inconsistent with the provisions of this Charter. The Council shall by ordinance provide a system of accounting for the City, not inconsistent with the provisions of this Charter, which shall be assimilated as nearly as may be to the uniform system of municipal accounting. The Council shall by ordinance provide a system for the assess- ment, equalization, levy and collection of all City taxes, not incon- sistent with the provisions of this Charter. 37. Adoption of Existing Lazv. — Until the Council shall other- wise by ordinance provide, the Statutes of the State of Colorado now or hereafter in force, shall govern the making of assessments by the Assessor of the County in which the City is situated, the making of equalization by the Board of County Commissioners of said County and the collection of taxes by the Treasurer of said County for and on behalf of the City, as also in respect of the certification and collec- tion of all delinquent charges, assessments or taxes. 38. Certificate of Assessment. — Until the Council shall other- wise by ordinance provide, it shall be the duty of the County As- sessor as soon as the assessment roll is ready in each year for the extension of taxes in accordance with the general laws of the State, to certify to the Council the total arhount of property assessed within the limits of the City. 13 39- Hstimates of rrobable Expense . — On or before the first Monday in November in each year the Commissioners, Boards and Commissions of the City shall furnish to the Mayor estimates in writing of the probable expense to be incurred in their several de- partments for the ensuing fiscal year, specifying in detail such prob- able expenditures, including a statement of the salaries of their sub- ordinates. Duplicates of these estimates shall be sent at the same time to the Commissioner of Finance. The Commissioner of Finance shall, on or before the first Mon- day in November in each year, certify to the Mayor the amount of money to be raised by taxation during the ensuing fiscal year to make payment of interest, sinking fund and principal of bonded in- debtedness, and also the estimated amount of revenue from all sources other than tax levy. 40. Mayor’s Budget . — From such estimates the Mayor shall, on or before the third Monday in November in each year, or on such later date in each year as shall be fixed by the Council, prepare and present to the Council his annual budget for the ensuing fiscal year, which shall include interest and sinking fund on the bonded debt. The budget so prepared shall be in such detail as to the aggregate sum and the items thereof allowed to each department, office, board or commission as the Mayor may deem advisable. 41. Action on Budget . — The Council shall, on receipt of the budget, consider and adopt the same with or without amendment. In amending the Council may reduce or omit any item but shall not increase any item nor the total of the budget nor add any item there- to nor originate a budget. The Council shall also in adopting the said budget, estimate and declare the amount of money necessary to be raised by tax levy, taking into account the amounts available from other sources to meet the expenses of the City for the ensuing fiscal year, based on the budget so adopted. Said budget and estimate as finally adopted shall be signed by the Mayor and Clerk and filed with the Auditor. 42. Levy . — Upon said estimate the Council shall forthwith pro- ceed to make by ordinance the proper levy in mills upon each dollar of the assessed valuation of all taxable property within the City, such levy representing the amount of taxes for City purposes necessary to provide for payment during the ensuing fiscal year of all properly authorized demands upon the Treasurer, and until the Council shall otherwise by ordinance provide, the Council shall thereupon cause the total levy to be certified by the Clerk to the County Assessor who shall extend the same upon the tax list of the current year in a separate column entitled “The City of Colorado Springs Taxes,” and shall include said City taxes in his general warrant to the County Treasurer for collection. The levy shall never exceed twenty mills on the dollar for all general City purposes upon the total assessed valuation of said taxalDle property within the City. The foregoing limitation of twenty mills shall not apply to taxes levied by the 14 Council for the payment of any interest, sinking- fund or principal of any bonded indebtedness of the City now existing- or hereafter created, nor for payment of interest, sinkdng fund or principal of the indebtedness of any town or city which may hereafter be incorporated with or annexed to the City ; nor to special assessments for local im- provements. If the Council fail in any year to make said tax levy as above provided, then the rate last fixed shall be the rate fixed for the ensuing fiscal year. The amount required to make payment of any interest, sinking fund or principal of bonded indebtedness shall always be included in and met by tax levy, except as otherwise provided for in this Charter. 43. Appropriations. — Upon the basis of the budget as adopted and filed the several sums shall forthwith be appropriated by ordin- ance to the several purposes therein named for the ensuing fiscal year. Said ordinance shall be adopted not later than the thirty-first day of December in each year, and shall be entitled '‘The Annual Appropria- tion Ordinance.” 44. No Liability Without Appropriation. — Neither the Council nor any officer or employe of the City shall have authority to make any contract involving the expenditure of public money, or impose upon the City any liability to pay money unless and until a definite amount of money shall have been appropriated for the liquidation of all pecuniary liability of the City under such contract or in conse- (luence thereof to mature during the period covered by the appropria- tion. Such contract shall be ab initio null and void as to the City for any other or further liability; provided, first, that nothing herein contained shall prevent the Council from providing for payment of any expense, the necessity of which is caused by any casualty, acci- dent or unforseen contingency arising after the passage of the an- nual appropriation ordinance ; and, second, that the provisions of this section shall not apply to or limit the authority conferred in relation to bonded indebtedness, nor for moneys to be collected by special assessments for local improvements. 45. Special Appropriations for 1909. — The Council shall during the year 1909 pass such special appropriation ordinances as may be necessary to pay the salaries and defray the expenses of any and all departments, officers and employes of the City for the year 1909, but not thereafter, for which provision is not made in the existing ap- propriation ordinance for that year, and the warrants for the pay- ment of such salaries and expenses after being duly allowed and audited, may be drawn against such appropriation, and the amount so required for the payment of such warrants, or so much thereof as may be necessary, shall be payable out of any available moneys not otherwise appropriated, or failing such moneys the warrants shall be registered and payable out of the revenue for the next ensuing fiscal \ear. US 46. Collection of Taxes. — Until the Council shall otherwise by ordinance provide, the County Treasurer shall collect City taxes in the same manner and at the same time as State taxes are collected, and all laws of this State for the assessment of property and the levy and collection of general taxes, including laws for the sale of prop- erty for taxes and the redemption of the same shall apply and have as full effect in respect of taxes for the City as of such general taxes, except as modified by this Charter. On or before the fifth day of every month, the County Treasurer shall report the amount of tax collections for the preceding month to the Auditor and shall pay over the amount collected for the pre- ceding month to the Treasurer. 47. Limitation of City Indebtedness. — Except as otherwise in this Charter provided, no bonds shall be issued for any purpose, ex- cept in pursuance of an ordinance authorizing the same, which ordi- nance shall be irrepealable until the indebtedness therein provided for, and the bonds issued in pursuance thereof, shall have been fully paid, and no bonds shall be issued unless the question of issuing the bonds shall be submitted to the vote of such qualified electors of the City as shall in the year next preceding such election have paid a property tax therein, and a majority of those voting upon the question by ballot shall vote in favor of issuing such bonds. The City shall not become indebted for any purpose or in any manner to an amount which, including existing indebtedness, shall exceed three per cent, of the assessed valuation of the taxable prop- erty within the City, as shown by the last preceding assessment for City purposes ; provided, hoieever, that in determining the limita- tion of the City's power to incur indebtedness there shall not be in- cluded bonds issued for the acquisition of water, light or other public utilities, works or ways from which the City will derive a revenue. 48. Special Statute Continued in Force. — The 'provisions of Sections 6657 and 6658 of the Revised Statutes of Colorado 1908 re- lating to sidewalks, and of Sections 6687 to 6694 thereof inclusive, relating to refunding bonds, are hereby made and declared to be in full force and effect in the City until the Council shall otherwise by ordinance provide. ARTICLE VIII. DEPARTMENT OF PUBLIC SAFETY. 49. Council Establish Police and Fire Departments. — The Council shall, by ordinance, provide for the establishment and main- tenance of a Police Department and a Fire Department, consisting of .such employes as it may deem necessary. 50. Commissioner Have Supendsion. — The Commissioner of Public Safety shall have the supervision and control of the Police and Fire Departments except as otherwise provided in this Charter, or by ordinance. 16 51. Police and fire Department Relief funds . — The Council shall by ordinance provide for a police department relief fund and for a fire department relief fund, to be administered by the Com- missioner of Public Safety. The Council shall annually appropriate a reasonable sum for each of said funds. POUCE COURT. 52. Existing Law Apply . — The existing Police Court of the City shall continue as provided in Sections 4946 to 4960 inclusive, of the Revised Statutes of Colorado, 1908, until otherwise provided by ordinance. 53. Jurisdiction . — Said Police Court shall have exclusive orig- inal jurisdiction to hear, try and determine all charges of misde- meanor as declared by this Charter and all causes arising under any of the ordinances of the City for a violation thereof. There shall be no trial by jury and there shall be no change of venue from said court. ARTICJM IX. DEPARTMENT OF PUBLIC WORKS AND PROPERTY. 54. Commissioner Have Supervision . — The Commissioner of Public Works and Property shall have the supervision and control of all streets, public works, ways, buildings and improvements, ex- cept as otherwise provided in this Charter or by ordinance. There shall be appointed in the manner provided in this Charter all such assistants and employes as may be or become necessary to the efficient administration of this department of the City’s gov- ernment.- , ARTICLE X. DEPARTMENT OF HEALTH AND SANITATION. 55. Assistants and Employes . — There shall be appointed in the manner provided in this Charter, a health officer, city chemist, mar- ket master, plumbing inspector and superintendent of cemeteries and all such assistants and employes as may be or become necessary to the efficient administration of this department of the City’s govern- ment. 56. Qualidcations of Health Officer . — The health officer shall be a graduate of a reputable medical college and shall have practiced medicine for at least five years. He shall have been a resident of this City for at least two years next preceding his appointment and shall be licensed to practice medicine in this State ; he shall have his license recorded with the County Clerk and Recorder of El Paso County, in accordance with the laws of the State of Colorado regulating the practice of medicine. Such health officer shall devote as much time as is necessary to the duties of his office. 17 57- Qualifications of Assistants. — The chemist, market master, plumbing inspector, and the superintendent of cemeteries shall be persons properly skilled and qualified for the efficient and capable performance of their respective duties. 58. Power of Arrest. — The Commissioner of Health and Sani- tation and all regularly appointed employes of the Department of Health and Sanitation shall have the right and power to arrest an\- person or persons who may violate any of the rules or regulations of the department. 59. Duty of Physicians and Householders. — Every physician in the City shall promptly report in writing to said department every patient whom he shall have sick of any infectious, contagious or communicable disease dangerous to public health ; and every house- holder, upon reasonable notice from said department, that an occu- pant of his or her household is suffering from any infectious, con- tagious or communicable disease, dangerous to the public health, shall forthwith adopt such preventive means and regulations as said department shall prescribe. Every physician who shall fail to re- port such case of sickness as required herein, and every householder who shall fail to comply with the rules, requirements and regulations of said department, shall be subject to such fines and penalties as the Council may by ordinance prescribe. 60. Council Make Ordinances. — The Council shall make all ordinances and regulations which may be necessary or expedient for the preservation of the public health and the suppression of disease. ARTICLE XI. COMMISSIONS AND BOARDS. PARKS. 61. Commission — Statutes Apply. — The existing Park Commi>- sion of the City shall continue with the powers, functions and duties established by Sections 6771 to 6788 inclusive, of the Revised Stat- utes of Colorado, 1908, as in force January i, 1909, until changed l\v amendment of this Charter. PUBLIC LIBRARY. 62. Board — Statutes Apply. — The existing Board of Directors of the Public Library of the City of Colorado Springs shall continue with the powers, functions and duties established by Sections 3972 to 3984 inclusive, of the Revised Statutes of Colorado, 1908, as in force January i, 1909, until changed by amendment of this Charter. ARTICLE XII. BRANCH ISES AND PUBLIC UTILITIES.’ 63. Franchise Granted Upon Vote. — No franchise shall be granted bv the City except upon the vote of the qualified tax-paying 18 electors, and the question of its being- granted shall be submitted to such vote upon deposit with the Treasurer of the expense (to be de- termined by the Treasurer) of such submission by the applicant for said franchise. 64. franchise Specify Streets. — All franchises or privileges hereafter granted shall plainly specify on what particular streets, alleys, avenues or other public property the same shall apply ; and no franchise or privilege shall hereafter be granted by the City in gen- eral terms or to apply to the City generally. 65. Power to Regulate Rates and Fares. — All power to regu- late the rates, fares and charges for service by public utility corpora- tions is hereby reserved to the people, to be exercised by them by ordinance of the Council or in the manner herein provided for initiat- ing or referring an ordinance. Any right of regulation shall further include the right to require uniform, convenient and adequate service to the public and reasonable extensions of such service and of such public utility works. 66. Ordinance in Plain Terms. — No franchise, right or privilege or license shall be considered as granted by any ordinance except wdien granted therein in plain and unambiguous terms and any and every ambiguity therein shall be construed in favor of the City and against the claimant under said ordinance. 67. Issuance of Stock. — Every ordinance granting any franchise shall prohibit the issuing of any stock on account thereof by any corporation holding or doing business under said franchise, to an amount in excess of the sum which shall be fixed for said purpose by the Council whenever requested so to do by the holder of said fran- chise ; the said sum as fixed by the Council shall consist of the fol- lowing items, only, to-wit : (a) The sum necessarily expended by the grantee of said fran- chise in obtaining the same from the City ; and {b) The sum which is in the opinion of the Council reasonably sufficient to compensate said grantee for the time and services given by him in obtaining said franchise. Any violation of thef terms of this section shall at the option of the City operate as a forfeiture of said franchise. 68. License Tax. — The City shall have the right to license or tax street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles, subways and wires. The said license or tax shall be exclusive ‘of and in addition to all other lawful taxes upon the property of the holder thereof. 69. Special Privileges to Mail Carriers, Policemen and Firemen — The grant of every franchise for a street, suburban or interurban railroad shall provide that all United States mail carriers and all policemen and firemen of the City in uniform shall at all times, while in the actual discharge of their duties, be allowed to ride on 19 the cars of such railroad within the boundaries of the City without payino- therefor and with all the rights of other passengers. 70. Railroad Elevate or Lower Tracks. — The Council shall by ordinance, require under proper penalties, any railroad company, whether steam or electric, to elevate or lower any of its tracks run- ning over, along or across any of the streets or alleys of the City, whenever in the opinion of the Council the public safety or conve- nience require. 71. Franchise Provide for Safety, Etc. — The grant of every franchise or privilege shall be subject to the right of the City, whether in terms reserved or not, to make all regulations which shall be necessary to secure in the most ample manner the safety, welfare and accommodation of the public, including among other things the right to pass and enforce ordinances to require proper and adequate extensions of the service of such grant, and to protect the public from danger or inconvenience in the operation of any work or busi- ness authorized by the grant of the franchise and the right to make and enforce all such regulations as shall be reasonably necessary to secure adequate, sufficient and proper service, extensions and accom- modations for the people and insure their comfort and convenience. 72. Oversight of Franchise for Use of Water Reserved to City. — Every franchise, right or privilege which has been, or which may be hereafter granted, conveying any right, permission or privilege to the use of the water belonging to the City or to its water system, shall always be subject to the most comprehensive oversight, man- agement and control in every particular by the City ; and the rights of the City to such control for municipal purposes is retained by the City in order that nothing shall ever be done by any grantee or assignee of any such franchise, right or privilege which shall in any way interfere with the successful operation of the water works of the City, or which shall, or which -shall tend to, divert, impair or render the same inadequate for the complete performance of the trust for the people under which such water works are held by the City. 73. No Exclusive Franchise — Reneival. — No exclusive fran- chise shall ever be granted, and no franchise shall be renewed before one year prior to its expiration. 74. No Franchise Leased, Except. — No franchise granted by the City shall ever be leased, assigned or otherwise alienated without the express consent of the City, and no dealing with the lessee or assignee on the part of the City to require the performance of any act or payment of any compensation by the lessee or assignee, shall be deemed to operate as such consent. No such franchise shall ever 1)e assigned to any foreign corporation. 75. No Extension or Enlargement of Franchise, Except. — No extension or enlargement of any franchise or grant of rights or powers previously granted to any corporation, person or association 20 of persons, shall he made except in the manner and subject to all the conditions herein provided for in this Article for the making of orig- inal grants and franchises ; provided, hozvcver, that the provisions of this Article shall not apply to the granting by ordinance of revocable licenses or privileges for side track or switch privileges to railway companies for the purpose of reaching and affording railway con- nection and switch privileges to the owners or users of any indus- trial plant, it being the intention to permit the City to grant such revocable licenses or privileges to railway companies whenever in its judgment the same is expedient, necessary or advisable, and whenever the application for such privileges is accompanied by the assent in writing of the owners of the major part in extent of the front feet of the lots or tracts of land of the block fronting on each side of any street, or parts of a street, over or on which it is desired to lay or construct such side tracks or switches. 76. Proznsion for Common Use of Tracks, Poles, Etc. — The City, by and through its Council, shall have the power to require any corporation holding a franchise from the City, to allow the use of its tracks, poles and wires by any other corporation to which the City shall grant a franchise, upon the payment of a reasonable rental therefor, and any franchise or right which may hereafter be granted to any person or corporation to operate a street railway within the City or its suburbs, shall be subject to the condition that the City shall have the right to grant to any other person or corporation de- siring to build or operate a street railway or interurban railway with- in or into the City, the right to operate its cars over the tracks of said street railway in so far as may be necessary to enter the City and to reach the section thereof used for business purposes, provided that the person or corporation desiring to operate its cars over the lines of said street railway, shall first agree in writing with the owner thereof to pay it reasonable compensation for the use of its tracks and facilities. And if the person or corporation desiring to use the same cannot agree with said owner of said street railway as to said compensation, within sixty days from offering in writing so to do, and as to terms and conditions of the use of said tracks and facilities, then the Council shall, by resolution, after a fair hearing to the parties concerned, fix the terms and conditions of such use and compensation to be paid therefor, which award of the Council when so made, shall be binding on and observed by the parties concerned. 77. M'ayor Maintain General Supervision — Reports — Inspec- tion. — The Mayor shall maintain general supervision over all public utility companies insofar as they are subject to municipal control. He shall cause to be instituted such actions or proceedings as may be necessary to prosecute public utility companies for violations of law, and may revoke, cancel or annul all franchises that may have been granted by the City, which have become in whole or in part, or which for any reason are, illegal or void and not binding upon the City. 21 lie sliall require every person or corporation operating under a franchise or grant from the City, to submit to the Council within sixty (lays after the first day of January of each year, an annual re- port, verified by the oath of the President, the Treasurer or the Gen- eral Manager thereof, showing in detail — (a) The aniount of its authorized capital stock and the amount thereof issued and outstanding. (b) The amount of its authorized bonded indebtedness and the amount of its bonds and other forms of evidence of indebtedness issued and outstanding. (c) An itemized statement of its receipts and expenditures for the preceding calendar year. (d) The amount paid as dividends upon its stock and as interest upon its bonds and other indebtedness. (e) The names of and the amount paid as salary to each officer and the amount paid as wages to its employes. (f) A full description of its property and franchises, stating in detail how each franchise stated to be owned was acquired and the book value thereof ; and (g) Such other information as may be required by the Council. Such reports shall be in the form and cover the period pre- scribed by the Council ; and the Council shall have the power either through members or by experts or employes duly authorized by it, to examine the books and affairs of any such person, persons or cor- porations and to compel the production before them of books and papers pertaining to such report or other matters. Any such person, persons or corporation which shall fail to make any such report, shall be liable to a penalty of one hundred dol- lars and an additional penalty of one hundred dollars for each and every day thereafter, during which he shall fail to file his report, to be sued for and recovered in any court of record. The Mayor shall have the power, either personally or through the City’s inspectors or employes duly authorized by the Council, to enter into or upon and to inspect the buildings, plants, power houses and all properties of any such person, persons or corporation, and shall inspect the properties of such person, persons or corporation at least once a year and shall immediately thereafter report to the Council a detailed and complete statement of such inspection. 78. Books of Record and Reference . — The Mayor shall provide and cause to be kept in the office of the City Clerk, the following books of record and reference : First — A Franchise Record, indexed and of proper form in which shall be transcribed accurate and correct copies of all fran- chises or grants by the City to any person, persons or corporation owning or operating any public utility. The index of said record shall give the name of the grantee and thereafter the name of any assignee thereof. Said record shall be a complete history of all 22 franchises la^ranted l:)y the City and shall include a comprehensive and convenient reference to actions, contests or proceedings at law', if any, affecting the same. Second — A Public Utility Record, for every person, persons or corporation owning or operating any public utility under any fran- chise granted by the City, into which shall be transcribed accurate and correct copies of each and every franchise granted by the City to said person, persons or corporation or which may be controlled or acquired by them or it, together with copies of all annual reports and inspection reports, as herein provided, and such other matters of in- formation and public interest as the Mayor may from time to time acquire. All annual and inspection reports shall be published once in two daily newspapers of general circulation published in the City, or printed and distributed in pamphlet form, as the Council may deem best, and in case annual reports are not filed and inspections are not made, as provided, the Mayor shall in writing report to the Council the reasons therefor, which report shall be transcribed in the Record of the person, persons or corporation owning or controlling said franchise or grant, and published once in tw-o daily newspapers of general circulation published in the City, or printed and distrib- uted in pamphlet form, as the Council may deeni' best. The provisions of this section shall apply to all persons or cor- porations operating under any franchise now in force or hereafter granted by the City. 79. Books of Account — Examination . — The City, when owning any public utility, shall keep the books of accounts for such public utility distinct from other City accounts and in such manner as to show the true and complete financial result of such City ownership, or ownership and operation, as the case may be. Such accounts shall be so kept as to show the actual cost to such City of the pubfic utility ow'ued ; all cost of maintenance, extension and improvement ; all operating expenses of every description, in case of such City operation ; the amounts set aside for sinking fund purposes ; if water or other service shall be furnished for the use of such public utility without charge, the accounts shall show, as nearly as possible the value of such service, and also the value of such similar service rendered by the public utility to any other City department without charge ; such accounts shall also show reasonable allowance for in- terest, depreciation and insurance, and also estimates of the amount of taxes that would be chargeable against such property if owned by a private corporation. The Council shall cause to be printed an- nually for public distribution, a report showing the financial results, in form as aforesaid, of such City ownership, or ownership and operation. The accounts of such public utility, kept as aforesaid, shall be examined at least once a year by an expert accountant, who shall report to the Council the results of his examination. Such expert accountant shall be selected in such manner as the Council may direct, and he shall receive for his services such compensation. lo be paid out of the income or revenues from such public utility, as the Council may prescribe. So. Term Not Longer Than Twenty-five Years — Compensation. — No franchise, lease or ri^ht to use the streets, or the public places or property of the City shall be granted by the City, except as in this Charter provided, for a longer period than twenty-five (25) years, nor without fair compensation to the City therefor, and in addition to the other forms of compensation to be therein provided, the grantee shall be required to pay annually to the City such per- centage of the gross receipts arising from the use of such franchise and of the plant used therewith as shall be fixed in the grant of said franchise. Provided, that such percentage be not less than three per cent, during the first fifteen years and not less than five per cent, of said gross annual receipts for the remainder of the life of the franchise. Every grant of a franchise shall fix the amount and manner of the payment of the compensation to be paid by the grantee for the use of the same and no other compensation of any kind shall be exacted for such use during the life of the franchise, but tins provision shall not exempt the grantee from any lawful taxation upon his or its property, nor from any licenses, charges or impositions not levied on account of such use. 81. City May Purchase — Procedure. — (a) Every grant of a franchise or right shall provide that the City may, upon the payment therefor of its fair valuation, to be made as provided in the grant, purchase and take over the property and plant of the grantee in whole or in part. The procedure to effect such purchase shall be as follows : When the Council shall, by resolution, direct that the Mayor shall ascertain whether any such property or part thereof, should be acquired by the City, or in the absence of such action of the Council, when a petition subscribed by ten per centum of the qualified tax- paying electors requesting that the Mayor shall ascertain whether any such property or part thereof should be acquired by the City, shall be filed with the Clerk, the Mayor shall forthwith carefully in- vestigate said property and report to the Council — ( 1 ) At what probable cost said property may be acquired. (2) What, if any, probable additional outlays would be neces- sary to operate same.^ (3) Whether, if acquired, it could be operated by the City at a profit or advantage in quality or cost of service, stating wherein such profit or advantage consists. (4) Whether, if acquired, it could be paid for out of its net earnings, and if .so, within what time, and (5) Such other information touching the same as he shall have jicc|uired. Such report shall be made in writing, shall include a statement of facts in relation thereto with such particularity as will enable the 24 Council to judge of the correctness of his findings, and immediately after submission to the Council, shall l)e filed with the Clerk, re- corded in the Public Utility Record and published once in each of two daily newspapers of general circulation published in the City, or printed and distributed in pamphlet form, as the Council may deem best. If a petition subscribed by twenty-five per centum of the quali- fied tax-paying electors of the City, requesting that the question whether or not the City shall acquire said property shall be sub- mitted to a vote of the people, shall within sixty days after the filing of said report be filed with the Clerk, the Council shall provide by ordinance for the submission of the question to a vote of the quali- fied tax-paying electors. (b) Every grant reserving to the City the right to acquire the plant as well as the property, if any, of the grantee situated in, on, above or under the public places of the City, or elsewhere, used in connection therewith, shall in terms specify the method of arriving at the valuation therein provided for and shall further provide that upon the payment by the City of such valuation the plant and prop- erty so valued, purchased and paid for shall become the property of the City by virtue of the grant and payment thereunder and without the execution of any instrument of conveyance ; and every such grant shall make adequate provision by way of forfeiture of the grant, or otherwise, for the effectual securing of efficient service and for the continued maintenance of the property in good order and repair throughout the entire term of the grant. (c) Whenever any plant or property shall become the property of the City of Colorado Springs, the City shall have the option at any time then or thereafter either to operate the same on its own ac- count, or by ordinance to lease the same or any part thereof together with the franchise or right to use the streets or other public property in connection therewith for periods not exceeding twenty-five years under such rules and regulations as it may prescribe, or by ordin- ance to sell the same to the highest bidder at public sale. 82. Matters in Charter Not to Impair Right of Couneil to Insert Other Matters in Franchise. — The enumeration and specification of particular matters in this Charter which must be included in every franchise or grant, shall never be construed as impairing the right of the Council to insert in such franchise or grant, such other and fur- ther matters, conditions, covenants, terms, restrictions, limitations, burdens, taxes, assessments, rates, fares, rentals, charges, control, forfeitures, or any other provision whatever, as the Council shall deem proper to protect the interests of the people. 83. Revocable Permits. — Th^ Council may grant a permit at any time, in or upon any street, alley or public place, provided such permit may be revocable by the Council at its pleasure at any time, whether such right to revoke be expressly reserved in every permit or not. 25 ARTICLE XIII. ELECTIONS. 84. General and Speeial Munieipal Elections . — A municipal election shall be held in the City on the first Tuesday of July in 1909 and on the first Tuesday of April in 1911, and on the first Tuesday in April of every second year thereafter, and shall be known as the General Municipal election. ^ I A second election shall be held when necessary as provided in Section 104 of this Charter, on the second Tuesday after said Gen- eral Municipal election and shall _be known as the Second General Municipal election. All other municipal elections that may be held "^by authority of this Charter or of general law shall be known as Special Municipal elections. 85. Registration . — (a) No person shall be permitted to vote at any municipal election, without having been registered as required by the provisions of this Article. {b) The Clerk shall, as soon as may be, after each general State election, secure from the county clerk of El Paso County a certified copy of the registration lists of the electors of the City registered for that election. (e) For municipal elections no new registration shall be re- quired, except as hereinafter provided, but any qualified elector of the City whose name is on the registration lists used at the then last preceding general State election, and who still resides at the place designated in his said registration, shall be deemed properly regis- tered for any such election ; and additional registration and changes in registration may be made as hereinafter provided. (d) On the eleventh day preceding any municipal election the Clerk shall deliver to the registration committee of each election precinct the proper registration list, and on the tenth day preceding the election thus to be held, or if that day be a legal holiday or a Sunday, then on the succeeding day, the registration committee for each precinct shall sit from nine o’clock, a. m. until nine o’clock p. m. at some suitable place within the precinct to be provided by the Clerk, and shall place on said registration lists the names of all qualified electors of that precinct who are not registered and who shall present themselves for registration and comply with the require- ments prescribed by the general registration laws of the State. (e) Before any municipal election held for any purpose any qualified elector whose name does not appear upon the registration lists shall have the right to have his name placed upon such regis- tration lists by presenting himself for registration at the office of the Clerk between the hours of eight o’clock a. m. and nine o’clock p. m. on the eighth day preceding the election thus to be held, or if that day be a legal holiday or a Sunday, then on the succeeding day, and by complying with the requirements prescribed by the general registration laws of the State. 26 (/) Any qualified elector whose name appears upon said regis- tration list, but who has removed from the precinct in which he is registered to some other precinct, may appear before the Clerk at any time within five days prior to any municipal election and, upon making oath in writing as to his then present residence, said Clerk shall draw a line in red ink through the registration of such person, making a note as follows: “Changed , 19. . to precinct , ward inserting the date and number of precinct and w'ard therein, and shall register in red ink such person in the regis- tration list for the precinct in which such person then resides; and a change of residence within the same precinct may be made in like manner. The Clerk or deputy making such change shall sign his name in the column provided for the signatures of the registration committee, and the person so registered shall also sign his name as in the case of an original registration. (^) The registration committee and the judges and the clerks of election shall be the same as are now or may hereafter be provided by the general laws of the State, except as the Council may other- wise by ordinance provide. 86. N ominatioii and Election of Officers. — The mode of nomina- tion and election of all elective officers of the City to be voted for at any municipal election shall be as follows and not otherwise : 87. Condition of Candidacy. — The name of a candidate shall be printed upon the ballot when a petition of nomination shall have been filed in his behalf in the manner and form and under the conditions hereinafter set forth. 88. Form of Nomination Petition. — The petition of nomination shall consist of not less than twenty-five individual certificates, which shall read substantially as follows : PETITION OF NOMINATION. Individual Certificate. STATE OF COLORADO, County of El Paso, City of Colorado Springs. J I do hereby join in a petition for the nomination of , whose residence is at No Street, Colorado Springs, for the office of , to be voted for at the municipal elec- tion to be held in the City of Colorado Springs on the day of , 19. ... ; and I certify that I am a qualified elector and am not at this time a signer of any other certificate nom- inating any other candidate for the above named office, or, [in case there are several places to be filled in the above named office,] that I have not signed more certificates than there are places to be filled in the above named office ; that my residence is at No Street, Colorado Springs. 27 1 further certify that J join in this petition for the nomination of the above named person believing that he has not become a candi- date as the nominee or representative of or because of any promised sup])ort from any political party or any comniittee or convention representing or acting for any political party. (Signed) STATE ()E COLORADO, ] County of Eu Paso, }>ss. City of Colorado Springs. J being first duly sworn, deposes and says, that he is the person who signed the foregoing certificate and that the statements therein are true. (Signed) Suhscribed and sworn to before me this day of y. , My commission expires Notary Public. The petition of nomination of which this certificate forms a part shall, if found insufficient, be returned to at No Street, Colorado Springs. 89. Forms to he Supplied by the Clerk. — It shall be the duty of the Clerk to furnish upon application, a reasonable number of forms of such individual certificates. po. Requirements of Certiheate. — Each certificate must be a sep- arate paper. All certificates must be of a uniform size as determined by the Clerk. Each certificate must contain the name of one signer thereto and no more. Each certificate shall contain the name of one candidate and no more. In case an elector has signed two or more conflicting certificates, all such conflicting certificates shall be re- jected. Each signer must make oath to his certificate before a Notary Public substantially in the form prescribed in Section 88 of this Charter. yi. Date of Presenting Petition. — A petition of nomination, con- sisting of not less than twenty-five individual certificates for any one candidate, may be presented to the Clerk not earlier than thirty nor later than twenty days before the election. The Clerk shall endorse thereon the date upon which the petition was presented to him. 92. Examination of Petition by Clerk. — When a petition of nom- ination is presented for filing to the Clerk, he shall forthwith examine the same, and ascertain whether it conforms to the provisions of this Article. If found not to conform thereto, he shall then and there in writing designate on said petition the defect or omission or reason why such petition cannot be filed, and shall forthwith return the petition to the person named as the person to whom the same shall be 28 returned in accordance with this Article. The petition may then he amended and a^i^ain, but not later than three days after said peti- tion shall have been returned, presented to the Clerk, as in the first instance. The Clerk shall forthwith proceed to examine the amended ])etition as hereinbefore provided. 93. Filing of Petitions. — If either the original or the amended petition of nomination he found sufficiently signed, as hereinbefore provided, the Clerk shall file the same forthwith. 94. Acceptance or W ithdraioal of Candidate. — Any person nom- inated under this Article shall file his acceptance with the Clerk within five days from the filing of the petition of nomination and ill the absence of such acceptance the name of the candidate shall not appear on the ballot. Tn said acceptance he shall make affidavit to the fact that he has not become a candidate as the nominee or representative of or because of any promised support from any polit- ical party or any committee or convention representing or acting for any political party. Any person whose name has been presented under this Article as a candidate may, not later than fifteen days before the day of election, cause his name to be withdrawn from nomination by filing with the Clerk a request therefor in writing, and no name so withdrawn shall be printed upon the ballot. 95. Presei'^’ation of Petitions. — The Clerk shall preserve in his office for a period of two years all petitions of nomination and all certificates belonging thereto filed under this Article. 96. Flection Notices. — The Clerk shall, on the tenth day before the election, certify a list of the candidates so nominated whose names are entitled to appear on the ballot as being the list of can- didates nominated as required by this Charter, with the offices to be filled, and the Council shall cause said certified list of names and the offices to be filled, designating whether for a full or unexpired term, to be published in a notice calling the election, three successive days before the election, in not more than two daily newspapers of general circulation published in the City. 97. Form of Ballots. — The Clerk shall cause the ballots to be printed, bound, numbered, endorsed and authenticated, as provided by State law, except as otherwise required in this Charter. The Itallots shall contain the list of names and the respective offices, as published in the election notice, and shall be in substantially the following form : CxENERAL (OR SPECIAL) MUNICIPAL ELECTION, CITY OF COLORADO SPRINGS. (Inserting date thereof.) Instructions to \'otkrs: To vote, place a cross (X) mark with ink in the circle opposite the name of the candidate for whom you desire to vote. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the Judges of Election and obtain another. 29 (j8. Arrangement of OfHees on Ballot . — The offices to be filled shall be arranged in separate columns in the following order: “For Mayor (if any) vote for one,” “For Councilman (if any) vote for (giving number).” 99. Circle for Placing Cross . — Circles shall be provided at the right of the name of each candidate wherein to place the cross. 100. Blank Spaces for Additional Candidates . — Spaces shall be left below the printed names of candidates for each office equal in number to the number to be voted for, wherein the voter may write the names of any person or persons for whom he may wish to vote. 101. Requirements of Ballots . — All ballots printed shall be pre- cisely of the same size, quality, tint of paper, kind of type and color of ink, so that without the number, it would be impossible to distin- guish one ballot from another. Space shall be provided on the ballot for Charter amendments or other questions to be voted on at the municipal elections, as provided by this Charter. The names of candidates for each office shall be arranged in alphabetical order. Nothing on the ballot shall be indicative of the source of the can- didacy or of the support of any candidate. No ballot shall have printed thereon any party or political designation or marF and there shall not be appended to the name of any candidate any such party or political designation or mark, or anything indicating his views or opinions. 102. Sample Ballots . — The Clerk shall at least five days before the election cause to be printed five hundred sample ballots, upon paper of dififerent color but otherwise identical with the ballot to be used at the election and shall distribute the same upon application to registered voters at his office. 103. First or Primary Election . — In case there is but one person to be elected to an office, the candidate receiving a majority of the votes cast for all the candidates for that office shall be declared elected ; in case there are two or more persons to be elected to an office, then those candidates equal in number to the number to be elected, who receive the highest number of votes for such office shall be declared elected ; provided, however, that no person shall be declared elected to any office at such first election unless the number of votes received by him shall be greater than one-half the number of ballots cast at such election. 104. Second Election . — As to any office not so filled by majority vote, said first election shall be deemed a primary election for the nomination of candidates therefor, and a second election shall be held to fill said office. At said second election the only candidates whose names are printed upon the ballot shall be, if for the office of Mayor, the two persons who at such primary election received the highest number of votes therefor, and, if for the office of Councilman, those persons not exceeding twice the number of the office or offices to be filled, who at such primary election received the highest num- 30 l)er of votes less than a majority for such office; promded, however, that any person, who at such primary election received the same number of votes (for such office) as any person so made a candidate for that office, shall also he a candidate therefor at said second elec- tion, and that any candidacy at said second election made' vacant by death, withdrawal or otherwise shall be filled by selection of the per- son (or persons if more than one) who at said primary election secured the next highest number of votes less than a majority for said office. At said second election the candidates receiving the highest number of votes shall be declared elected. 105. Date of Second Election. — The said second election, if necessary to be held, shall be held two weeks after the first election. 106. Rules Governing Second Election. — All the provisions and conditions of this Article as to the conduct of an election, so far as they may be applicable, shall govern the second election, except that notice of election shall be published once only, and provided also that the same precincts and polling places shall, if possible, be used. 107. Informalities in Election. — No informalities in conducting municipal elections shall invalidate the same, if they have been con- ducted fairly and in substantial conformity with the requirements of this Charter. 108. Statement of Expenses to he Filed. — Every candidate who is voted for at any election held within this City shall within thirty days after such election, file an itemized statement showing in detail all the moneys contributed or expended by him directly or indirectly by himself or through any other person in aid of his election. Such statement shall give the names of the various persons who received such money and the specific nature of each item and the purpose for which it was expended or contributed. There shall be attached to each statement an affidavit of such candidate, setting forth in substance that the statement thus made is in all respects true and that the same is a full and detailed statement of all moneys so con- tributed or expended by him. 109. Corrupt Practices. — Any person who shall, at any munici- pal election, violate any of the State laws in regard to corrupt prac- tices, or who shall fail to file a sworn statement of expenses as here- inabove required, shall, upon conviction thereof, be forthwith dis- qualified from holding municipal office, position or employment for a period of two years, and if such person shall have been elected or appointed to any municipal office, position or employment, his con- viction of any such violation shall ipso facto create a vacancy therein. Action for the enforcement of this provision may be brought by the City Attorney, or by any citizen, on behalf of the City. no. Use of Carriages on Day of Election. — No candidate for any elective office shall directly or indirectly use or cause to be used in aid .of his candidacy on the day of any municipal election more than one carriage or other vehicle to aid voters to get to the polling 31 places. Such carriage or other vehicle shall be used to transport only those voters who by reason of illness or other infirmity are un- able to go to the polling places unless so transported. Any candi- date desiring to use the one carriage or other vehicle above men- tioned shall not less than one day prior to the day of election file in the office of the Clerk a statement of such desire on his part which shall contain such a description of the carriage or vehicle he desires to use as will readily identify the same. No other carriage or ve- hicle than the one so described in the said statement shall be used by the said candidate, or by any committee or association promoting his candidacy for the purpose of conveying voters to the polling places on the day of election. A violation of any of the provisions of this section by any can- didate shall disqualify him from holding the office for which he is a candidate. Every elective officer of the City shall, at the time he takes the oath of office, be required to take and subscribe an oath that he has not violated any of the provisions of this section. 111. General Election Regulations. — The provisions of any State law now or hereafter in force except as the Council may other- wise by ordinance provide relating to the qualifications and registra- tion of electors, the manner of voting, the duties of election officers, the canvassing of returns, and all other particulars in respect to the management of elections, except as otherwise provided in this Article, so far as they may be applicable, shall govern all municipal elections ; provided that the Council shall meet as a canvassing board and duly canvass the election returns within two days after any municipal election. ARTICLE XIV. RECALL OF ELECTIVE OFFICERS. 1 12. Applies to All Elective Officers. — The holder of any elect- ive office may be removed by the qualified electors of the City. The procedure to effect such removal from office shall be as follows : 1 13. Petition for Recall. — A petition signed by electors quali- fied to vote for a successor to the incumbent sought to be removed equal in number to at least thirty per centum of the last preceding vote cast for all candidates for Mayor, demanding an election of a successor of said incumbent shall be addressed to the Council and filed with the Clerk. The Council shall provide blank forms for such petitions which shall be kept by and secured from the Clerk. The Clerk, upon issuing such forms to any person, shall enter the name of the person to whom issued, the date of such issuance and the number of such forms issued in a record to be kept in his office for that purpose, and shall certify on each of said forms under his seal, the name of the person to whom issued and the date of the issuance. No petition shall be filed unless it shall bear such cer- 32 titicate of the Clerk. All petitions shall be returned and filed with the Clerk within thirty days from the issuance of such blank forms. The petition shall contain a specific statement of the grounds upon which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths, that the statements contained therein are true, and that each signature appended to the paper is the gen- uine signature of the person whose name it purports to be. All papers composing said petition shall be assembled and filed as one instrument, with endorsement thereon of the names and addresses of three persons designated as filing said petition. Provided, that prior to the issuance of any blank forms of petition for recall an affidavit shall be made by one or more qualified electors, which affi- davit shall state the name of the officer or officers sought to be re- moved and the ground upon which the removal is sought, and such affidavit shall be filed with the Clerk. 1 14. Petition May Be Amended or New Petition Made. — With- in ten days from the filing of said petition the Clerk shall ascertain by examination thereof and of the registration books and election returns whether the petition is signed by the requisite number of qualified electors, and shall attach thereto his certificate showing the result of such examination. He shall, if necessary, be allowed extra help by the Council. ^ If his certificate shows the petition to be insufficient, he shall within said ten days so notify in writing one or more of the persons designated on the petition as filing the same; and the petition may be amended at any time within ten days from the filing of the certifi- cate. The Clerk shall within ten days after such amendment make like examination of the amended petition and attach thereto his certificate of the result. If still insufficient, or if no amendment is made, he shall return the petition to one of the persons designated thereon as filing it, without prejudice, however, to the filing of a new petition for the same purpose. 1 15. Election Under Recall Petition, Unless Officer Resigns . — If the petition or amended petition shall be found and certified by the Clerk to be sufficient, he shall submit the same with his certifi- cate to the Council without delay, and the Council shall, if the officer sought to be removed does not resign within five days thereafter, thereupon order an election to be held on a Tuesday fixed by it, not less than thirty nor more than forty days from the date of the Clerk’s certificate that a sufficient petition is filed ; provided, however, that if any other municipal election is to occur within sixty days from the date of the Clerk’s certificate, the Council may, in its discretion, postpone the holding of the removal election to the date of such other municipal election. If vacancy occur in said office after a removal election has been so ordered, the election shall nevertheless proceed as in this Article provided. 33 1 1 6. Candidates — Election. — Any officer sought to be removed may be a candidate to succeed himself, and unless he r eque sts other- wise in writing, the Clerk shall place his name on the official ballot without nomination. The nomination of other candidates, the pub- lication of notice of such removal election and the conduct of the same, shall all be in accord with the provisions of Article XIII hereof, relating to elections. In such removal election the candidate re- ceiving the majority of all votes cast for said office at the first elec- tion, or if that prove to be a primary election, then thd candidate re- ceiving the highest number of votes at the second election shall be declared elected. Said second election, if necessary, shall be held fourteen days after the first election. 1 17. Incumbent Removed. — The incumbent shall continue to perform the duties of his office until the removal election. If then elected, he shall continue in office for the balance of his term. If not then elected, he shall be deemed removed upon the qualification of his successor, who shall hold office during the unexpired term. If the successor fail to qualify within ten days after receiving notifica- tion of his election, the incumbent shall thereupon be deemed re- moved and the office vacant. The method of removal by recall here- in provided for, shall be cumulative and additional to any method otherwise provided in this Charter. 1 18. No Recall Petition for First Six Months. — No recall peti- tion shall be filed against any officer until he has actually held his office for at least six months. 119. Incapacity of Recalled Officer. — No person who has been removed from an office by recall, or who has resigned from such office while recall proceedings were pending against him, shall be appointed to any office within one year after such removal by recall or resignation. ARTICLE XV. THE INITIATIVE. 120. Direct Legislation. — Any proposed ordinance may be sub- mitted to the Council by petition signed by qualified electors of the City, equal in number to the percentage hereinafter required. The procedure in respect of such petition shall be the same as provided in Sections 113 and 114 of this Charter, with such modifications as the nature of the case requires, except that no blank forms shall be furnished or preliminary affidavit made. 121. Fifteen Per Centum Petition. — If the petition accompany- ing the proposed ordinance be signed by qualified electors equal in number to fifteen per centum of the last preceding vote cast for all candidates for Mayor, and contains a request that said proposed or- dinance be submitted to a vote of the people, if not passed by the 34 Council, the Council shall within twenty days after the attachment of the Clerk's certificate of sufficiency to the accompanying petition, either (a) Pass said ordinance without alteration, (subject to the referendary vote under the provisions of Section 130 of this Charter) ; or (b) Call a special election unless a general municipal election is fixed within ninety days thereafter, and at such special or general municipal election said proposed ordinance shall be submitted with- out alteration to the vote of the qualified electors of the City. 122. Five Per Centum Petition. — If the petition be signed by qualified electors equal in number to at least five per centum but less than fifteen per centum of the last preceding vote cast for all candi- dates for Mayor, and said proposed ordinance be not passed with- out alteration by the Council within twenty days, as provided in the preceding section, then such proposed ordinance, without alteration, shall be submitted by the Council to electoral vote at the next gen- eral municipal election occurring not less than thirty days thereafter. 123. Publication of Electoral Ordinance. — Whenever any pro- posed ordinance is required by this Charter to be submitted to the voters of the City at any election, the Council shall cause said pro- posed ordinance to be published in like manner as other proposed ordinances are required to be published. 124. Election. — The ballots used when voting upon such pro- posed ordinance shall contain the words: “For the Ordinance" (stating the nature of the proposed ordinance) and “Against the Ordinance" (stating the nature of the proposed ordinance.) If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, the same shall thereupon become an or- dinance of the City. 125. Several Ordinances at One Election. — Any number of pro- posed ordinances may be voted on at the same election, in accordance with the provisions of this Article. 126. Limit to Special Elections. — There shall not be held under this Article of the Charter, more than one special election in any period of twelve months. 127. Repeal of Electoral Ordinance. — The Council may submit a proposition for the repeal or amendment of any ordinance so adopted by electoral vote, to be voted upon at any succeeding gen- eral municipal election, and should such proposition so submitted re- ceive a majority of the votes cast thereon at such election, such ordi- nance shall be repealed or amended accordingly. An ordinance so adopted by electoral vote, cannot be repealed or amended except by electoral vote. 128. Further Regulations. — The Council may, by ordinance, ir.ake such further regulations as it may deem necessary to carry out the provisions of this Article. 3.S ARTICLE XVI. THE REFERENDUM. 129. Mode of Protesting Against Ordinances. — No ordinance passed by the Council shall go into effect before ten days from the time of its final passage, except ordinances making tax levy or ap- propriation, or in respect of a parking or paving district, and ex- cepting also any ordinance for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency. If, during said ten days, a petition signed by qualified electors of the City equal in number to at least fifteen per centum of the last preceding vote cast for all candidates for Mayor be pre- sented to the Council, protesting against the going into effect of such ordinance, the same shall thereupon be suspended from going into effect, and it shall be the duty of the Council to reconsider such ordinance, and if the same be not entirely repealed, the Council shall submit the ordinance, as is provided in Article XV of this Charter, to a vote of the qualified electors of the City, either at the next general municipal election or at a special election to be called for that purpose, and such ordinance shall not go into effect unless a majority of the qualified electors voting on the same shall vote in favor thereof. The procedure in respect of such petition shall be the same as provided in Sections 113 and 114 of this Charter, with such modifications as the nature of the case requires, except that no blank forms shall be furnished or preliminary affidavit made. 130. Reference by the Council. — The Council may, of its own motion, submit to electoral vote for adoption or rejection at a gen- eral or special municipal election any proposed ordinance or measure in the same manner and with the same force and effect as is pro- vided in Article XV. If the provisions of two or more proposed ordinances or measures adopted or approved at the same election conflict, then the ordinance or measure receiving the highest affirma- tive vote shall control. . 13 1. Further Regulations. — The Council may, by ordinance, make such further regulations as it may deem necessary to carry out the provisions of this Article. ARTICLE XVII. OFFICERS, EMPLOYES AND SALARIES. 132. Officers — Employes. — The Mayor, Councilmen and Police Magistrate shall be the officers of the City. All other persons in the service of the City, or of any commission or board thereof, are here- by declared to be employes. Except as herein otherwise provided the Council shall by ordinance fix the compensation of salaried em- ployes, and until such compensation has been fixed by ordinance, as aforesaid, the same shall remain as now provided. 36 133- Office Hours. — It shall be the duty of the Mayor and each Councilman to maintain regular office hours at the City Hall. 134. Salary of Mayor. — The salary of the Mayor shall be Thirty-six Hundred Dollars ($3,600.00) per annum, of which Eighteen Hundred Dollars ($1,800.00) shall be charged to the De- partment of Water and Water Works. Said salary shall be pay- able in equal monthly installments. 135. Salary of Councilmen. — The salary of each Councilman shall be Two Thousand Dollars ($2,000.00) per annum, payable in equal monthly installments. 136. Removal Terminates Salary. — In case of removal of any officer or employe his right to salary shall thereupon cease. 137. Appointment of Clerk and Attorney. — A City Clerk shall be appointed by the Council. A City Attorney shall be appointed by the Mayor, subject to confirmation by the Council. 138. Treasurer — Auditor. — The positions of Treasurer and Auditor shall continue with the powers, duties and compensation as now established by law, subject to the provisions of this Charter, until the Council shall by ordinance otherwise provide. 139. Oaths. — Every officer shall, before he enters" upon the duties of his office, take, subscribe and file with the Clerk an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter. 140. Bonds. — If any officer or employe is required by law or by ordinance to give bond, he shall not be deemed qualified for his office or employment until such bond has been duly approved and filed. All such bonds must be approved by the Mayor, who shall have the custody thereof. A reasonable charge by a Surety Company for qualifying upon such bond shall, when approved by the Mayor, be paid by the City. 141. Receive No Commissions, Profits, Free Tickets, Etc. — No officer or employe shall receive any commission, money or thing of value, or derive any profit, benefit or advantage, direct or indirect, from or by reason of any dealings with or services for the City by himself or by others, or from or by reason of any alterations, im- provements or repairs required by authority of the City, except his lawful compensation as such officer or employe, and his share of the public benefit. No officer or employe shall accept, directly or indirectly, from the holder of any public utility franchise in the City, any frank, free ticket, free service, or other service upon terms more favorable than those granted to the public generally. This prohibition shall 37 not extend to transportation of firemen and policemen in uniform while in actual discharge of their duties. Violation of this section shall be a misdemeanor and a ground for removal. 142. Religious or Political Opinions Not Affect Appointment. — No appointment to position under the City government shall be made or be withheld by reason of any religious or political opinions or affiliations or political services, and no appointment to or selec- tion for or removal from any office or employment, and no transfer, promotion, reduction, reward or punishment shall be in any manner afifected by such opinions, affiliations or services. 143. Official Books, Records, Etc. — (a) All books, records and papers of every office, department, board or commission are City property and must be kept as such by the proper officers or employes during their continuance in office and then delivered to their suc- cessors, who shall give duplicate receipts therefor, one of which shall be filed with the Clerk. The failure to deliver such books, records and papers shall be a misdemeanor. {b) Certified copies or extracts from the books, records and files shall be given by the officer, board, commission or employe hav- ing the same in custody, to any person demanding the same and paying for such copies or extracts, but the records of the Police De- partment shall not be subject to inspection or copy without permis- sion of the Mayor. (c) All equipments, collections, models, materials, instruments, tools and implements which are collected, maintained, used or kept by the City or by any department, board or commission, shall be City property, and be duly turned over by the custodian thereof to his successor, or duly accounted for. 144. Payment of Debts. — Failure of any officer or employe to promptly pay any indebtedness contracted by him while in the service of the City shall be ground for his removal. 145. Attend to Dufies. — All persons holding any office or em- ployment under the City, whether elective or appointive, shall be re- quired to engage in the actual work of the office or employment so held, to the extent that their services may be necessary for the full and complete discharge of the duties of said office or employment, and a failure so to do shall be ground for removal. CITY ATTORNEY. 146. Duties. — The City Attorney shall conduct all cases in Court in this State wherein the City shall be party plaintiff or de- fendant, or a party in interest. He shall be the legal adviser of the Mayor, Council, Commissions, and heads of departments, in relation to their duties, and shall perform such other duties, not inconsistent herewith, as may be required of him by ordinance. He shall receive such salarv as the Council bv ordinance shall prescribe. 38 147- Assistants. — The attorney, with the consent of the Council, . may employ an assistant, who shall receive such salary as the Coun- cil by ordinance shall prescribe. The Council may also, at any time, employ other counsel, to take charge of any litigation or to assist the attorney, whose com- pensation shall be fixed by the Council at the time of employment. ARTICLE XVIIL CIVIL SERVICE. 148. Commission. — There is hereby established a Civil Service Commission consisting of three members who shall serve without compensation. The Council first elected after the adoption of this Charter shall, as soon as practicable thereafter, appoint one member of said Com- mission to serve for two years, another member to serve for four years and a third member to serve for six years. Biennially there- after, one member shall be appointed by the Council to take the place of the member whose term shall next expire, so that one mem- ber shall be appointed every two years to serve for a period of six years. If a vacancy shall occur in the Commission, it shall be filled by appointment by the Council for the unexpired term. 149. Commission Make Rules. — The Commission shall, with the approval of the Council, make such rules and regulations for the proper conduct of its business, as it shall find necessary or expedient. The Commission shall, among other things, provide for the classifi- cation of all employments in the Department of Public Safety and in the Department of Public Works and Property, for open, com- petitive and free examinations as to fitness ; for an eligible list from which vacancies shall be filled ,' for a period of probation before em- ployment is made permanent; and for promotion on the basis of merit, experience and record. 150. Council Give Further Powers. — The Council whenever requested by the Commission may by ordinance confer upon the Commission such other or further rights, duties and privileges as may be necessary adequately to enforce and carry out the principles of Civil Service. ARTICLE XIX. GENERAL PROVISIONS. 1 5 1. Present Form of Government Continue Until. — Except as otherwise in this Article provided, the form of government exist- ing in the City of Colorado Springs at the time of the adoption of this Charter shall continue unaltered, and all officers and other per- sons in the service of the City at the time this Charter takes effect, shall continue to serve as such and to receive the compensation therefor now provided by law or by ordinance, and to have and ex- ercise the powers, authority and jurisdiction theretofore possessed 39 by them respectively, until the elective officers first elected hereunder shall have qualified. Upon such qualification of said elective officers hereunder, the term of office of every officer or other person in the service of the City at the time this Charter takes effect shall im- mediately cease and determine. Thereafter all of said offcers (ex- cept the Mayor and aldermen) and all of said other persons in the service of the City at the time this Charter takes effect shall continue to draw compensation at the same rate, and to exercise like powers, authority and jurisdiction as theretofore, until replaced, or until the Council shall otherwise provide. 152. Duty of Present Officers as to Elections. — It shall be the duty of the Mayor, the City Council and the City Clerk in office when this Charter takes effect, to comply with all requirements of Article XIII of this Charter relating to Elections, to the end that all things may be done necessary to the nomination and election of the officers first to be elected under this Charter. 153. Present Ordinances Continue in Force. — All laws, ordin- ances, resolutions, by-laws, orders, rules, or regulations in force in the City of Colorado Springs at the time this Charter takes effect, and not inconsistent with the provisions of this Charter, whether enacted by the authority of the City or by any other authority, shall continue in full force and effect, until the Council otherwise by ordinance provides, notwithstanding any change of organization ef- fected by this Charter. 154. Penalty for Violation. — Any person who shall violate any of the provisions of this Charter for the violation of which no pun- ishment has been provided herein, shall be deemed guilty of a mis- demeanor, and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars ($100) or by imprisonment in the City jail not exceeding three (3) months, or by both such fine and imprisonment. 155. Definition of Misdemeanor. — The term “misdemeanor” as used in this Charter, shall mean a violation thereof, or of any ordin- ance, of which the Police Court or Magistrate shall have jurisdiction, and shall not have the meaning attached to it in Chapter XXXV entitled “Crimes,” Revised Statutes of Colorado, 1908. 156. Continuing Bonds, Etc. — All official bonds, recognizances, obligations, contracts and all other instruments entered into or ex- ecuted by or to the City before this Charter takes effect, and all taxes, fines, penalties and forfeitures due or owing to the City, and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and remain unaffected by this Charter. 157. Submission of Charter Amendments. — Nothing herein contained shall be construed as preventing the submission to the people of more than one Charter amendment or measure at any one election. 158. Reservation of Power. — The power to supersede any law 40 of this State, now or hereafter in force, insofar as it applies to local or municipal matters, shall be reserved to the City, acting by ordinance. Done in Convention, at the Council Chamber in the City Hall in the City of Colorado Springs, Colorado, this twentieth day of March, in the year of our Lord one thousand nine hundred and nine, ' and of the Independence of the United States of America, the one hundred and thirty-third. In Witness Whereof, We have hereunto subscribed our names. HARRY H. SELDOMRIDGE, President. JAMES J. EUBANK, Vice-President, EDWARD C. SHARER, WILLIAM M. BANNING, JACOB BISHOFF, WILLARD N. BURGESS, FRANK F. GASTELLO, WILLIAM J. CHINN, THOS. J. FISHER, JOSEPH B. FOWLER, M. C. GILE, OLIVER P. GRIMES, HENRY C. HALL, JOHN M. HARNAN, HENRY W. HOAGLAND, P. M. KISTLER, HORACE G. LUNT, THOMAS F. McCAFFERY, MYER S. RAFIELD, WILLIAM H. SPURGEON, EDGAR I. ULLRICH. 41 INDEX TO COLORADO SPRINGS CHARTER Page A Articles I to XIX. Inclusive — Contents 4 Article I. Name, Boundaries. Powers, Rights and Liabilities 5 Article II. Elective Officers 6 Article III. The Council 7 Article IV. Mayor 9 Article V. Executive and Administrative Departments ii Article VI. Department of Water and Water Works 12 Article VII. Department of Finance 13 Article VIII. Department of Public Safety 16 Article IX. Department of Public Works and Property 17 Article X. Department of Health and Sanitation 17 Article XI. Commissions and Boards 18 Article XII. Franchises and Public Utilities 18 Article XIII. Elections 26 Article XIV. Recall of Elective Officers 32 Article XV. The Initiative 34 Article XVI. The Referendum 36 Article XVII. Officers, Employes, Salaries 36 Article XVIII. Civil Service 39 Article XIX. General Provisions 39 Amendment of Ordinances 8 Appointments — Vote of Council 9 Authority of Mayor 9 Administrative and Executive Departments ii Distribution — Department of Water and Water Works ii Department of Finance ii Department of Public Safety ii Department of Public Works and Property ii Department of Public Health and Sanitation ii Council Assign Duties ii Commissioners of Departments ii Council May Change Designation ii Commissioner Employ or Discharge Day Laborers ii Adoption of Existing Law 13 Assessment — Certificate of 13 Action on Mayor’s Budget 14 Appropriations 15 Appropriations — (No Liability Without .Appropriation) 15 Appropriation.s — (Special for 1909) 15 Assistants and Employes — Health Department 17 Assistants and Emi')loycs — Health Department — Qualifications .... 18 42 Page Arrest — Power of Health Department i8 Acceptance of Candidate 29 Arrangement of Offices on Ballots 30 Applies (Recall) to All Elective Officers 32 Attorney and Clerk — Appointment of ' 37 Auditor and Treasurer — Duties, etc 37 Attend to Duties — Officials and Employes 38 Attorney (City) — Duties 38 Attorney — Assistants 39 B Boundaries of City 5 Bonds — Water — Duty of Commissioner 12 Budget (Mayor’s) 14 Budget — Action on Same 14 Bonds — Refunding — Sections 6687 to 6694 of Colorado Statutes of 1908, continued in force 16 Board of Directors — Public Library to Continue 18 Books of Record and Reference in regard to Franchises 22 Books of Account — Examination in regard to Public Utilities 23 Ballots — Form of 29 Ballots — Arrangement of Offices 30 Circle for Placing Cross 30 Blank Spaces for Additional Candidates 30 Requirements 30 Samples 30 Bonds of Officers and Employes 37 Books — Records (Official), etc 38 Bonds — Contracts — Official Instruments to Continue 40 C City Named 5 Boundaries — Powers — Rights — Liabilities 5 Council — 7 Legislative Powers '7 President and A^ice-President of Council - 7 Judge of Their Election 7 Restrictions upon Members of Council 7 Rules of Council 7 Aleetings of Council 7 Ordinances and Resolutions 8 Publication of Ordinances Adopted 8 Amendment or Repeal 8 Ordinances Granting Franchises 8 Record of Ordinances 8 Proof of Ordinances 8 Publication of Charter and Ordinances 9 Power to Establish Offices .* 9 Statements 9 Vote of Council on Appointments 9 Council Assign Duties ' il Commissioners of Departments ii Council May Change Designation ii Commissioner Employ or Discharge Da}- Laborers ii Commissioner of Water Administer Department 12 Commissioner Fix Rate for Water 12 43 Page Council Impose Water Fines 12 Commissioner of Water — Duty in regard to Bonds 12 Certificate of Assessment 13 Collection of Taxes 16 City Indebtedness — Limitation 16 Council Establish Police and Fire Departments 16 Commissioner Have Supervision of Departments 16 Commissioner Have Supervision of Public Works 17 Contagious Diseases to Be Reported 18 Council Make Ordinances in regard to Health ^ 18 Commissions and Boards ' 18 Park Commission to Continue 18 Board Directors of Public Library to Continue 18 Compensation for Franchises, etc 24 City May Purchase Plants Operated under Franchise 24 Charter — Not to Keep City from Inserting Other Matters in Fran- chises, etc 25 Condition of Candidacy 27 Clerk to Supply Blanks for Nomination 28 Certificate of Nomination — 28 Requirements 28 Clerk to Examine 28 Filing 29 Candidates’ Acceptance or Withdrawal 29 Circle for Placing Cross 30 Candidates — Blank Spaces for Additional Candidates 30 Corrupt Practices in regard to Elections 31 Carriages — Use of on Election Day 31 Candidates— Election — Under Recall 34 Clerk and Attorney — Appointment of 37 Councilmen — Salary, etc 37 Commissions — Free Tickets — Profits, etc. 37 City Attorney — Duties 38 Assistants 39 Civil Service — Commission 39 Commission Make Rules 39 Council Give Further Powers 39 Continue in Force — Present Ordinances, Bonds, Contracts, etc 40 Charter Amendments — Submission of 40 D Duties of Mayor Distribution of Power, etc Duties — Council to Assign • Departments — Commissioners of Designation — Council May Change Discharge Day Laborers — Commissioners May Department of Water an Entity Department of Water Administered by Commissioner Duty of Water Commissioner in regard to Bonds Debt of City — Limitation Duty of Physicians and Householders Date of Second Election Direct Legislation Debts to be Paid by Officials and Employes Duties — Attend to Same Duty of Present Officers as to Elections Definition of “Misdemeanor” 9 II II II II 11 12 12 12 16 18 31 34 38 38 40 40 44 Page E Employes — Officers — Members 2 Elective Officers — Terms — Qnalibcations • 6 Vacancy 6 Removal 7 Executive and Administrative Departments ii Distribution — Department of Water and Water Works ii Department of Finance ii Department of Public Safety ii Department of Public Works and Property ii Department of Public Health and Sanitation .... ii Council Assign Duties ii Commissioners of Departments ii Council May Change Designation ii Commissioner Employ or Discharge Day Laborers ' ii Entity — Department of Water and Water Works 12 Emergency Warrants in Water Department 13 Existing Law Adopted 13 Estimates of Expense . ^ 14 Exclusive Franchises Not Granted 20 Extension of Franchises — None, Except 20 Elections — General and Special Municipal 26 Registration 26 Nomination and Election of Officers 27 Condition of Candidacy 27 Form of Nomination Petition 27 Forms to be Supplied by Clerk 28 Requirement of Certificate 28 Date of Presenting Petition 28 Examination of Petition by Clerk 28 Filing of Petitions 29 Acceptance or Withdrawal of Candidate 29 Preservation of Petitions .^. 29 Election Notices 29 Form of Ballots 29 Arrangement of Offices on Ballot 30 Circle for Placing Cross 30 Blank Spaces for Additional Candidates 30 Requirements of Ballots 30 Sample Ballots 30 First or Primary Election 30 Second Election 30 Date of Second Election 31 Rules Governing Second Election 31 Informalities in Election ' 31 Statement of Expenses to be Filed 31 Corrupt Practices 31 Use of Carriages on Day of Election 31 General Election Regulations 32 Election Under Recall Petition, Unless Officer Resigns 33 Election — Candidates — Under Recall 34 Election — Ordinance by Initiative 35 Election — Several Ordinances at One Election 35 Elections (Special) — Limited 35 Electoral (Ordinance — Publication of 35 Repeal of 35 Further Regulations 35 Employes — Officers — Salaries, etc. (See “O”) 36 Elections — Duty of Present Officers in regard to 40 45 Page F Franchise Ordinances 8 Fines in Water De])artnient— Fixed by Council 12 Finance Department— 13 Fiscal and Calendar Year — Same 13 Public Moneys • 13 Adoption of Existing Law 13 Certificates of Assessment ^ 13 Estimates of Expense ' 14 Mayor’s Budget 14 Action on Budget 14 Levy . . 14 Appropriations 15 No Liability Without Appropriation 15 Special Appropriation for 1909 15 Collection of Taxes 16 Limitation of City Debt 16 Special Statutes Continued in force in regard to Sidewalks and Bonds 16 Fire and Police Departments Established by Council 16 Fire and Police Departments — Relief Funds 17 Franchises and Public Utilities 18 Franchise Granted upon Vote 18 Franchise Specify Streets 19 Power to Regulate Rates and Fares 19 Ordinance (Franchise) in Plain Terms 19 Issuance of Stock 19 License Tax . 19 Special Privileges (free transportation while on duty) to Mail Carriers, Policemen and Firemen 19 Railroads to Elevate or Lower Tracks 20 Franchise Provide for Safety, etc 20 Oversight of Franchise for Use of Water — Reserved to City ... 20 No Exclusive Franchise — Renewal 20 No Franchise Leased, Except 20 No Extension or Enlargement of F^ranchise, Except 20 Provisions for Common Use of Tracks, Poles, etc 21 Mayor Maintain General Supervision — Reports — Inspection ...'. 21 Books of Record and Reference 22 Books of Account — Examination 23 Term Not More than 25 Years — Compensation 24 City May Purchase— Procedure 24 Charter not Impair Right of Council to Insert Other Matters in Franchises 25 Revocable Permits 25 Forms (Nomination Petitions) to be Supplied by Clerk 28 Form of Ballots 29 First or Primary Election 30 Filing of Statement of Election Expenses 31 Fifteen per centum Petition (Initiative) 34 Five per centum Petition (Initiative) 35 Further Regulations in regard Electoral Ordinance 35 Free Tickets — Commissions, Profits, etc 37 G General and Special Municipal Elections 26 General Election Regulations 32 46 Page General Provisions of Charter 39 Present Form of Government to continue, Until 39 Duty of Present Officers as to Elections 40 Present Ordinances Continue in force 40 Penalty for Violation 40 Definition of Misdemeanor 40 Continuing Bonds, Contracts, etc 40 Submission of Charter Amendments 40 Reservation of Power 40 Signatures of Charter Convention Members 41 H Health and Sanitation — Department of 17 Assistants and Employes 17 Qualifications of Health Officer 17 Qualifications of Assistants 18 Power of Arrest 18 Duty of Physicians and Householders 18 Council Make Ordinances 18 I Infectious Diseases to be reported 18 Issuance of Franchise Stock 19 Inspection of Public Utilities, etc ^ 21 Informalities in Elections 31 Incumbent Removed — Under Recall 34 Incapacity of Recalled Officer 34 Initiative ! 34 Direct Legislation 34 Fifteen per centum Petition 34 Five per centum Petition 35 Publication of Electoral Ordinance *. 35 Election . 35 Several Ordinances at one Election 35 Limit to Special Elections .. 35 Repeal of Electoral Ordinance 35 Further Regulations 35 J Judge of Their Elections — Council 7 Jurisdiction of Police Court 17 L Liabilities of City — Powers — Rights 5 Legislative Powers of Council 7 Laborers, Day — Commissioner may Employ or Discharge ii Law — Adoption of Existing Law in Regard to Taxes, etc 13 Levy 14 Limitation of City Indebtedness 16 Law Now Existing, to Apply in Police Court 17 Library (Public) Board to Continue 18 License Tax on Franchises 19 47 Lease of Franchises — None. Except Legislation — Direct Limit to Special Elections Page . 20 • 34 • 35 M Members — Officers — Employes 2 Meetings of Council 7 Mayor — Duties — Authority — Powers g Mayor — Veto Power n Moneys — Public 13 Mayor’s Budget 14 Mail Carriers, et al. — Franchises to allow them to ride free when on actual duty 19 Mayor to have General Supervision of all Public Utility Companies 21 Misdemeanors 40 Members of Charter Convention — Signatures 41 N Name of City 5 Nomination of Officers 27 Nomination Petition 27 Nomination Certificate — Requirements : 28 Nomination Petition — Date of Presentation 28 Clerk to Examine 28 Filing < 29 Notice of Election 29 No Recall Petition for First Six Months 34 O Officers — Employes — Members Officers, Elective — Terms, Qualifications, Vacancy Removal t Ordinances and Resolutions Ordinances Adopted — Publication of Granting Franchises Record of Proof of And Charter — Publication of Offices — Power to Establish ^ Ordinances in regard to Health — Council to make ... Ordinances — Franchises — in Plain Terms Oversight of all Franchises concerning Water, by City Officers of City — Nomination and Election Officers — Arrangement of, on Ballots Officer Recalled — No Recall for first Six Months Officer Recalled — Incapacity of ‘ Ordinances — The Initiative Direct Legislation Fifteen per centum Petition Five per centum Petition Publication of Electoral Ordinance Election Several Ordinances at one Election Limit to Special Elections 2 6 7 8 8 8 8 8 9 9 18 19 20 27 30 34 34 34 34 34 35 35 35 35 35 48 Page Repeal of Electoral Ordinance 35 Further Regulations 35 Ordinances — The Referendum 36 Mode of Protesting against same ; 36 Further Regulations 36 Officers — Employes — Salaries 36 Office Hours 37 Salary of Mayor • 37 Salary of Councilmen 37 Removal Terminates Salary 37 Appointment of Clerk and Attorney 37 Treasurer — Auditor 37 Oaths 37 Bonds 37 Receive No Commissions, Profits, Car Tickets, etc 37 Religious or Political Opinions not to Affect Appointment 38 Official Books, Records, etc 38 Payment of Debts 38 Attend to Duties 38 Official Books, Records, etc 38 Ordinances Continue in Force 40 P Prefatory Synopsis 3 Preamble 5 Powers of City — Rights — Liabilities 5 Powers of Council — Legislative A 7 President and Vice-President of Council 7 Publication of Ordinances Adopted 8 Publication of Charter and Ordinances 9 Power to Establish Offices 9 Publication each Month of Council Work 9 Powers of Mayor 9 Powers of Council — Distribution ii Public Moneys 13 Public Safety — Department of 16 Council Establish Police and Fire Departments 16 Commissioner Have Supervision 16 Police and Fire Departments — Relief Funds 17 Police Court — ' 17 Existing Law Apply 17 Jurisdiction 17 Public Works and Property — Commissioner Have Supervision 17 Power of Arrest — Health Department 18 Physicians and Householders — Duty of 18 Park Commission to Continue 18 Public Library Board to Continue 18 Public Utilities and Franchises — See “F” 18 Policemen — Free Transportation on Street Cars — When on Duty T . . 19 Poles — Tracks, etc. — Common Use of 21 Public Utilities — Books of Account 23 Purchase (by City) of Plants or Property of Corporations granted Franchises 24 Permits Revocable 25 Petition for Nomination — Form of 27 Date of Presenting 28 Examination by Clerk 28 Filing 29 49 f f rrcservcd 29 Primary Elections Practices (Corrupt) in Elections 31 Petition for Recall 32 Petition for Recall — May be Amended or New Petition Made 33 Petition for Recall— Election unless Officer Resigns ’ 33 Petition under Initiative — Fifteen per centum 34 Five per centum 35 I’ublication of Electoral Ordinance 35 Profits — Commissions — Free Tickets, etc 37 Political or Religious Opinion Not Affect Appointments 38 Payment of Debts by Officers and Employes 38 Present Form of Government to Continue, until 39 Present Officers — Duty in Regard to Elections 40 Present Ordinances Continue in Force 40 Penalty for Violation 40 Power — Reservation of 40 Q Qualification of Elective Officers 6 Qualification of Health Officer 17 Qualification of Assistants to Health Officer . ; 18 R Rights of City — Powers — Liabilities 5 Removal of Elective Officers 7 Restrictions upon Council Members 7 Rules of Council 7 Resolutions of Council 8 Repeal or Amendment of Ordinances 8 Rates for Water Fixed by Water Commissioner 12 Refunding Bonds — Sec’s. 6687 to 6694 of Colorado Statutes 1908, to be continued in force 16 Relief Funds — Fire and Police Departments 17 Rates and Fares in Franchises 19 Railroad to Elevate or Lower Tracks 20 Renewal of Franchises 20 Reports by Public Utility Companies 21 Record Books 22 Revocable Permits 25 Registration (for Elections) 26 Requirements of Ballots 30 Rules Governing Second Election 31 Regulations (General) for Elections 32 Recall of Elective Officers — Applies to all Elective Officers 32 Petition for Recall 32 Petition May Be Amended or New Petition Made 33 Election under Recall Petition, Unless Officer Resigns 33 Candidates — Election 34 Incumbent Removed 34 No Recall Petition for First Six Months 34 Incapacity of Recalled Officer 34 Repeal of Electoral Ordinance 35 Referendum — Mode of Protesting Against Ordinances 36 Reference by the Council 36 Further Regulations 36 50 Page Removal Terminates Salary 37 Religious or Political Opinions Kot AfVect Ai)])ointment 38 Records (Official), Books, etc 38 Reservation of Power 40 S Synopsis ' 3 Statement of Council — iVionthly 9 Special Appropriations for 1909 . 15 Special Statutes 1908 Colorado — Sec’s. 6657 and 6658 relating to side- walks continued in force 16 Special Statutes 1908 Colorado relating to Refunding Bonds, con- tinued in force 16 Supervision — Commissioner to have, over Public Works 16 Sanitation and Health Department 17 Streets to be Specified in Franchises 18 Stock (Franchise) Issuance of 19 Special Privilege to Mail Carriers, Policemen et al. on Street Cars.. 19 Safety — Provided for in Franchises 20 ' Special Municipal Elections 26 Second Election — Date — Rules Governing 30 Statement of Expenses to be Filed 31 Six Months — Before any Recall Petition Can be Filed 34 Several Ordinances at One Election 35 Salaries — Mayor — Councilmen — Treasurer — Auditor 37 Submitting Charter Amendments 40 Signatures of Charter Convention Members . . .^ 41 T Terms of Elective Officers T 6 Tax Levy 14 Taxes — Collection 16 Tax — License on Franchises 19 Tracks — Railroad to be Elevated or Lowered 20 Tracks — Poles etc. — Common Use of 21 Term of Franchise Not be More Than 25 Years 24 Treasurer — Duties — Compensation, etc 37 V Vacancy in Elective Offices 6 Vice-President of Council 7 Vote of Council on Appointments 9 Veto Power of Mayor '. ii Voting Upon Franchises 18 Violation of Charter Provisions 40 W Water and Water Works — Department of 12 Department an Entity 12 Commissioner Administer Department 12 Commissioner Fix Rates 12 Council Impose Fines 12 Bonds — Duty of Commissioner 12 Emergency Warrants 13 Water — City has Oversight of all Franchises, etc., concerning Water or Water System 20 Withdrawal of Candidates 29 51 AMENDMENTS TO THE CHARTER OF THE CITY OF COLORADO SPRINGS A PROPOSAL TO AMEND SECTION 3 OE ARTICLE 11 , SECTION 27 OF ARTICLE V, SECTIONS 84, 97 AND 103 OF ARTICLE XIII, AND TO REPEAL SECTION 28 OF ARTICLE V, AND SECTIONS 98, 99, 104, 105 AND 106 OF ARTICLE XIII OF THE CHARTER OF THE CITY OF COLORADO SPRINGS. Be it Enacted by the People of the City of Colorado Springs: That Section 3 of Article II of tlie Charter of. the City of Colo- rado Springs shall be amended so as to read as follows: SECTION 3. Officers — Terms . — The Elective Officers of the City shall be a Mayor and four Councilinen, each of whom shall be elected at large by the qualified electors of the City. The term of all elective officers hereafter elected shall commence at 10:00 o’clock A. M., on the third d’uesday of April following their election, and shall be for four years and until their respective successors arc elected and ((ualified, jirovided that the two councilinen elected in 1911 shall hold office until 10:00 o'clock A. M., of the third Tuesday of April, 1915, and the Mayor and the two councilmcn elected in 1913 shall hold office until 10:00 o’clock A. M., of the third Tuesday in April, 1917. Section 27 of Article V shall be amended so as to read as f( )llows : Sia''ri().\ 27. Coniniissioners of Departments. The Mayor shall be the Commissioner of W ater and Water WYirks. Each Coun- cilmtm shall be the C'ommissioner of the department to which he 52 is iK)niinatc(l and elected, as hereinafter provided. Until such de- partments are filled by election, as hereinafter provided, the Mayor shall assign a Councilman to each one of the four departments, and may change such assignments at his pleasure. At the general municipal election in 1915 and thereafter there shall be elected a Councilman as Commissioner of Public Works and Property, and a Councilman as Commissioner of Public Health and Sanitation ; and at the general municipal election in 1917, and thereafter, there shall be elected a Councilman as Commissioner of Finance and a C'ouncilman as Commissioner of Public Safety. Sections 84, 97 and 103 of Article XIH shall be amended so as to read as follows : Skction 84. Ccncral and Special Municipal Elections — A municipal election shall be beld in the City on the first Tuesday of April in 1915, and on the first Tuesday in April of every second year thereafter, and shall be known as the “Oneral Municipal Flection.” All other municipal elections that may be held by authority of this Charter or of general law shall be known as “Special Municipal Elections.” Section 97. Form of Ballots . — The Clerk shall cause the bal- lots to be printed, bound, numbered, endorsed and authenticated as provided by State law, except as otherwise required in this Charter. Except that the crosses here shown shall be omitted, and that in place of the names and officers here shown shall be substitutefl the names of the actual candidates and the offices for which they are respectively nominated, the ballots shall be in substantially the following form : General (or special) municifial election. City of Colorado Springs. (Inserting date thereof.) 1 nstructions. — I'o vote for any persoti, make a cross (X) mark with ink in the square in the a])propriate column according to your choice, at the right of the name voted for. \’ole your first choxe in the first column: vote your second choice in the second column: vote in the third column for all the other candidates whom you wish to support ; vote only one first choice and only one second choice for any one office. Do not vote more than one choice for one person, as only one choice will count for any one candidate by this ballot. If you wrongly mark, tear, or deface this ballot, return it, and obtain another. 58 * FIRS r CHOICE SECOND i OTHER CHOICE I CHOICES FOR MAYOR Richard Roe X James Hoc X John Doe X Henry Poe X Louis Coe ' FOR COMMISSIONER OF FINANCE I X Prank Smith Harry Jones X Fred Brown FOR COMMISSIONER OF PUBLIC SAFEl'V 1 Hiram Black X Robert White FOR COMMISSIONER OF PUBLIC WORKS AND PROPEREV ! 1 Henry White Richard Black X Edward Green ! X John Gray X 1 1 FOR COMMISSIONER OF PUBLIC HEALTH AND SANH'ATION 1 ( Mary Doe X Frank Clark X Henry Allen X 1 1 Alice Brown i Andrew Johnson X Anna Williams X 54 v^iCCTioN 103. Canvass of Returns and Determination of Re- sults of Election . — As soon as the polls are closed, the precinct of- ficers shall immediately open the ballot boxes, take therefrom and count the ballots in public view, and enter the total number thereof on the tally sheet provided therefor by the City Clerk. They shall also carefully enter the number of the first-choice, second-choice and other-choice votes for each caniddate on said tally sheet and make return thereof to the City Clerk as provdded by law. Only one vote shall be counted for any candidate on any one ballot, all but the highest of two or more choices on one ballot for one and the same candidate being void. If two and not more choices for any one office are voted in the first-choice column on any one ballot, they shall both be counted as second choices, and all other choices voted on that ballot for that office shall be counted as other choices. If three or more choices for any one otfice are voted in the first-choice column on any one ballot, all choices voted on that bal- lot for that office shall be counted as other choices. If two or more choices for any one office are voted in the second-choice column bn any one ballot, they shall be counted as other choices. Except as hereinbefore provided, all choice^ shall be counted as marked on the ballot. The City Clerk shall then determine the successful candidates as hereinafter provided in this section. The person receiving a majority, as hereinafter in this seeiion defined, of first-choice votes cast at an electif)ii for any office shall be elected to that office; Provided, that if no candidate shall re- ceive such a majority of the first-choice votes for such office, then a canvass shall be made of the second-choice votes received l)y each candidate for the office; said second-choice votes’shall then be added to the first-choice votes received by each candidate for the office, and the candidate receiving the largest number of said first-choice and second-choice votes combined, if such votes constitute a ma- jority, shall be elected thereto; and Proznded, further, that if no candidate shall have, such a majeority after adding the first-choice and second-choice votes, then a canvass shall be made of the other- choice votes received by each candidate for the office ; said other- choice votes shall then be added to the first-clnu'ce and the second- choice votes received hy each candidate for the office, and the can- didate having the largest number of first-choice, second-choice and other-choice votes combined shall be elected to such office. A tie l)etween two or more candidates shall be decided in fa- vor of the one having the largest number of first-choice votes. If 55 two or mure are e(iual in tliat resi)ccl, then the candidate amon^- them having the largest number of second-choice votes shall be elected. If this will not decide, then the result shall be determined by lot under the direction of the City Clerk. Whenever the word ‘‘majority” is used in this section it shall mean more than one-half of the total number of first-choice votes for the office in question cast at such election. . hid Be it Further Hnacted by the People of the City of Colorado Sprhiy;s: d'hat Section 3 of Article II, Section 27 of Article y., and Sec- tions 84, 97 and 103 of Article Xlll, as above amended, of the Charter of the City of Colorado Springs shall take effect and be in force on and after the first day of May, A. Id. 1913; and that Section 28 of Article V and Sections 98, 99, 104, 105 and 106 of Article Xlll of said Charter are hereby repealed, to take effect on the first day of May, A. D. 1913. Adopted April i, 1913. \Mte for, 2707; against, 1665. A PROPOSAL TO AMEND PARAGRAPH (D) RELATING TO THE REGISTRATION OE VOTERS, OF SECTION 85 OF ARTICLE XHI OF THE CHARTER OF THE CITY OE COLORADO SPRINGS. Be it Enaeted by the People of the City of Colorado Springs: That paragraph (d) of Section 85 of Article XIII of the Charter of the City of Colorado Springs, be and the same hereby is amended to read as follows: ( d ) (dn the eleventh day preceding any municipal election, excej^t the second general municipal election, the clerk shall de- liver to the registration committee of each precinct the proper registration list, and on the tenth day preceding any election, ex- cept the second general munici[)al election, thus to he held, or if that day he a legal holiday or a Sunday, then on the succeeding day, the registration committee for each precinct shall sit from nine o’clock a. m. until nine o’clock p. m. at some suitable place within the precinct to be ])rovided by the Clerk, and shall place on said registration lists the names of all qualified electors of that precinct who are not registered and who shall present themselves for registration and comply with the ref|uircments prescribed by the general registration laws of the state. 'I'hat this amendment shall take effect and he in force on and after the first day of May, A. D. 1913. Adoj)ted April 1, 0)13. Wle for, 28()2 : against, 048. .58 THE CODE OF COLORADO SPRINGS CHAPTER I OF THE CrVY GOVERNMENT; DEPARTMENTS, COMMISSIONS, OFFICERS, AND GENERAL PROVISIONS. ARTICLE 1. OF THE MAYOR AND CITY COUNCIL. §1. The Mayor. (Sec. 1) In addition to the obligations and duties imposed upon him by the char- ter of the City of Colorado Springs, the mayor shall do and perform such acts as are required by the pro- visions of the ordinances of the city. [Ord. No. 730, Chap. 1, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] §2. Council. Regular Meetings. (Sec. 1) The regular meetings of the council shall be held on AYednesdays and Fridays of each week, beginning at the hour of ten o’clock a. m. [Ord. No. 730, Chap. 2, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] §3. Special Meetings. (Sec. 2) The mayor may, and upon the written request of three conncilmen, shall call special meetings of the council, by notice to each of the conncilmen in writing, which notice shall state the purpose for which said meeting is called, such notice to be served at least twenty-four hours 57 prior to tlie time ot* sudi meeting, persoiiaJly, or by leaving- tlie same at the usual place of residence of said counci Ilium. Special meetings of the council may be held at any time whenever all the members of the council and the clerk are present and the council by unanimous vote, finds that it is necessary or expedient to hold a special council meeting. [Ord. No. 730, Chap. 2, as amended by Ord. No. 894, passed Feb. 5, 1913.] §4. Journal. Rules. Compel Attendance. (Sec. 3) The council shall keep a journal of its proceed- ings, which shall be open at all times for inspection; shall make and enforce rules of proceedings, and compel attendance, Avhen necessary, of absent mem- bers. [Ord. No. 730, Chap. 2, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] ARTICLE 2. EXECUT[\^E AND ADMINISTRATIVE DEPARTMENTS. §5. Departments. (Sec. 1) The executive and administrative powers, authority and duties of the city, not otherwise provided for in the charter, shall be distributed among five departments, as follows: Department of Water and Water IVorks. De])artment of Finance. Department of Public Safety. Department of Public Works and Property. Department of Public Health and Sanitation. §6. Designation of Commissioners. (Sec. 2) The mayor shall be Commissioner of "Water and Water Works. The council at its first regular meet- ing after the election of its members, shall designate bv majoritv vote one councilman to be Commissioner 53 of Finance, one to be Commissioner of Public Safety, one to be Commissioner of Public Works and Prop- erty, and one to be Commissioner of Public Health and Sanitation; provided, however, that if the coun- cil shall be unable to agree upon such designation,- the mayor shall have authority to make such desig- nation, and the council may change such designation (except that of the Department of Water and Water Works) by ordinance, or by resolution, whenever it shall determine that the public service requires such change. [Ord. No. 778, passed Oct. 20, 1909.] — See amendment to charter, pages 52 to 56. ARTICLE 3. RELATING TO THE MUNICIPAL CIVIL SERVICE. §7. The Commission. Office in City Hall. (Sec. 1) The commissioner of finance shall provide a suit- able and properly furnished office in the city hall for the Civil Service Commission, hereinafter termed ^Ghe commission.” The auditor shall from time to time, draw warrants for the expenses of the com- mission, upon presentation of proper voucher there- for, but in no case shall the aggregate amount of said warrants exceed the appropriation for the com- mission in that year. §8. Authority to Make Investigations. Wit- nesses. Administer Oaths. (Sec. 2) The commission shall have authority to make investigations, either sitting as a body or through a single commissioner appointed by the commission for that purpose, con- cerning all matters touching the enforcement and effect of the civil service provisions of the charter, of this ordinance, and of the rules prescribed by the 59 commission. In the course of such investigations, the commission shall have power to subpoena and recpiire the attendance of witnesses and the produc- tion of books and papers pertinent to the investiga- tion, to administer oaths and affirmations, and to take testimony relative to any matter which it has authority to investigate. §9. Unclassified Service. Classified Service. Appointments. (Sec. 3) The civil service of the City of Colorado Springs shall be divided into the Un- classified Service and the Classified Service. The unclassified service shall comprise all the municipal officers, as specified in section 132 of the charter, the members of the civil service commission, the members of the park commission, the members of the board of directors of the public library, all reg- istration and election officials, the city attorney, the assistant city attorney, and other counsel, the health officer, the city clerk, the experts appointed by the mayor under section 23, subdivision ‘‘g” of the charter, special detectives, and special policemen without pay. The classified service shall comprise all employ- ments now existing or hereafter created not s])ecifi- cally included in the unclassified service. All ap- pointments or employments in the classified service shall be made in accordance with this ordinance and rules hereunder, and not otherwise. §10. Classified Service. Competitive. Non- Competitive. Labor. (Sec. 4) The classified service shall be divided into the competitive class, the non- competitive class, and the labor class. The non-competitive class shall include the chief of police, the chief of the fire department, the water commissioner, the water superintendent, the 6o street commissioner, the superintendent of parks, the librarian and assistant librarians, the engineer, the auditor, and the treasurer. The labor class shall include all unskilled labor- ers. A'acancieS in the labor class shall he filled by appointment from lists of applicants registered in accordance with the rules hereunder. The competitive class shall include all positions not included in the non-competitive and labor classes. §11. Competitive Class. Appointments, How Made. (Sec. 5) Whenever there is an appointment . to be made in the Competitive class the commissioner or head of the appropriate department or board, shall make requisition on the commission for the names of the eligible persons, in such manner as may be re- quired by the rules hereunder. Upon receipt of such requisition, the commission shall certify the names of the three persons standing highest upon the most appropriate list, with the rating of each person and such other information as may be provided by the mles. From the list of names so certified, appoint- ment shall he made by the mayor, upon recommenda- tion of the commissioner of the appropriate depart- ment; or by the head of the board making such requisition. §12. Labor Class. Appointments, How Made. (Sec. 6) A\henever there is an appointment to be made in the labor class the commissioner or head of the appropriate department or board shall make req- uisition upon the commission for the names of eligi- ble persons, specifying the number of appointments to be made. Upon receipt of such requisition the commission shall certify names in accordance with the rules hereunder, from which the appointment or appointments shall he made. 6i §13. Classified Service. Temporary Appoint- ments. (Sec. 7) To prevent the stoppage of public business or to meet extraordinary exigencies, any api)ointing officer or board may, subject to the approval of the commission, make temporary ap- pointments in the classified service, only until reg- ular appointments under the provisions of this ordi- nance and rules hereunder can be made; but no such temporary appointment shall remain in force for more than sixty days, nor shall successive tempo- rary appointments to the same position or of the same person be made. §14. Promotions, Etc., Rules For. (Sec. 8) Promotions, transfers, suspensions, reinstatements, and dismissals without fault or delinquency, of em- ployes in the classified service, shall be appropriately provided for in the rules hereunder. §15. Classified Service. Discharges, Etc., From. Causes For. (Sec. 9) Discharges from the classified service, or reduction in grade, may be made for any cause not political or religious, which may promote the efficiency of the service ; but the person or board making such discharge or reduction shall, at the re- quest of the commission, file with its secretary a specific statement of the causes therefor, within such reasonable time as the commission may designate. §16. Roster of Persons in Classified Service. (Sec. 10) The commission shall maintain in its office as a public record a roster of all persons in the classi- fied service, and all officers, boards and commissions shall furnish such information as may be requested for said roster; and said roster shall contain such information as may be provided by the rules here- under. §17. Commision Certify Names to Auditor. 'Warrants. (Sec. 11 ) The commission shall certify to 62 tlie auditor the name of every person in tJie classified service who is holding* his position in accordance with the provisions of this ordinance and the rules hereunder (and for whom it is the duty of the auditor to issue a warrant), stating in each case the charac- ter and date of conimencement of service, compensa- tion and any change in such service. The auditor shall not issue a warrant for the payment of any compensation to any person in the classified service not so certified. Any payments contrary to the pro- visions of this ordinance and the rules hereunder, may he recovered from the auditor or from any offi- cer or member of a board signing or countersigning warrants therefor, or from the sureties on the official bond of such person or persons, in an action brought by the city in any court of competent jurisdiction or by any taxpayer or by the commission for the use of the city. ^ §18. Examination of Applicants. Fraud, Deceit, Etc. (Sec. 12) No person shall willfully or corruptly, by himself or in co-operation with one of more per- sons, defeat, deceive, or obstruct any person in re- spect to his or her right of examination, or falsely mark, grade, estimate or report upon the examina- tion or proper standing of any person examined or registered hereunder, or aid in so doing, or make any false representation concerning the same or concern- ing the person examined or registered, or furnish to any person any special or secret information what- ever for the purpose of either improving or injuring the prospects of any person so examined or regis- tered, or to be examined or registered, or imper- sonate another person or permit or aid another person to impersonate him in any application, ex- amination or registration. §19. Political Activity Forbidden. Exceptions. (Sec. 13) No officer or employe of the city shall, di- 63 reetly or indirectly, solicit or receive or be in any manner concerned in soliciting or receiving any as- sessment, snbscription or contribution for any polit- ical purpose whatever; provided, that nothing herein contained shall be construed to prohibit any elective officer of the city standing for re-election, from solic- iting or receiving contributions in aid of his election from any person not in the employ of the city, county, state, or of the federal government; nor shall any person solicit, directly or indirectly, or be in any manner concerned in soliciting any assessment, sub- scription or contribution for any political purpose whatever, from any salaried officer or employe in the service of the city. No officer or employe of the city shall use his official authority or influence for the purpose of in- terfering with any election, whether municipal, county, state or national, or affecting the result there- of. Any employe, as defined in section 132 of the charter, while retaining the right to vote as he pleases, and to express privately his opinions on all political subjects, shall take no active part in politi- cal management or in political campaigns or elec- tions. §20. Corrupt Political Influence. Patronage. (Sec. 14) No person while holding any public office or employment in the service of the city, or while in nomination or seeking nomination or appointment for any office or employment shall, for the purpose of influencing the vote or political action of any per- son or for any other corrupt purpose whatever, use or promise to use, directly or indirectly, any official authority or influence, whether then possessed or an- ticipated, to confer upon any person or to assist any person in obtaining any municipal employment or nomination, confirmation, promotion or increase of salary. 64 §21. Violation. Misdemeanor. Penalty. (Sec. 15) Any person violating- any of the provisions of this ordinance or any rule hereunder shall be deemed guilty of a misdemeanor, and for each and every of- fense shall upon conviction thereof, be punished by a line of not less than $10, nor more than $300., and may be recommended by the commission for suspen- sion, dismissal or reduction in grade. If any officer as defined in section 132 of the charter, shall violate any of the provisions of this ordinance or the rules hereunder, the commission may present to the coun- cil written statement of charges against such officer. If, upon a preliminary hearing thereon, to be had within ten days, the council believe that such charges are of such nature as would, if sustained, justify a removal from office, such officer shall be proceeded against in the manner provided in section 6 of the charter. §22. Action for Violations. Limitation. (Sec. 16) The commission may bring action in the police magistrate’s court in the name of and on behalf of the city, to secure the conviction and punishment of any person violating any of the provisions of this ordinance or the rules hereunder, provided such ac- tion be brought within two years after such violation. §23. Present Employes Continue. Auditor Cer- tify Name, Etc. (Sec. 17) All employes regularly em- ployed at the time this ordinance takes effect, shall continue in their respective employments without ex- amination or further appointment; in all other re- spects, said employes shall be subject to the provi- sions of this ordinance and of the rules hereunder; and the auditor shall forthwith certify to the com- mission the names, duties, compensation, and date of employment of all such employes. §24. Repeal. (Sec. 18) All laws and parts of 65 laws of this state in conflict with any of the provi- sions of this ordinance, are hereby superseded; and all ordinances and parts of ordinances in conflict with any of the provisions of this ordinance, are hereby repealed. | Ord. No. 791, passed Feb. 23, 1910.] ARTICLE 4. OF THE CITY PLANNING COMMISSION, ITS POWERS AND DUTIES. §25. Commission Established. (Sec. 1) There is hereby established a City Planning Commission. §26. Commission, How Constituted. (Sec. 2) The city planning commission shall consist of fifteen members, as follows: The mayor. The commissioner of public works and property. The president of the park commission. The president of the union depot commission, all ex officio. The other eleven members shall be appointed by the council as hereinafter provided, that is to say: Five members from a list of ten nominations made to it by the Colorado Springs Chamber of Com- merce. Two members each from a list of four nomina- tions made to it respectively by the Federated Trades Council, the Woman’s Clubs of Colorado Springs, and the Civic League. Six of the appointed members shall serve for 66 four years, and five of the appointed members shall serve for two years from March 1, 1913, and at the time of appointment the council shall designate the term of service of each appointee. Beginning with March 1, 1915, the term of all appointed members shall be for four years. Each vacancy, whether occurring during the term or by expiration thereof, shall be filled by the council upon nomination of two names by the organ- ization whose nominee caused the vacancy. Vacancies occurring during the term shall be filled only for the unexpired term. All members shall hold office until their respect- ive successors are appointed and qualified. §27. Organization. Powers. Quorum. (Sec. 3) Within ten days after the members of said commis- sion, or a majority of them shall have been appointed, the mayor shall select a time and place of meeting for the organization of said commission, and shall notify the members thereof. The commission shall have the power to elect from its membership such officers as it may desire, and to make, alter and amend rules and regulations for its organization and procedure as well as for the conduct of its business. A majority of said commission shall constitute a quorum. §28. Purposes of Commission. Civic Imrove- ments. (Sec. 4) The said commission shall encourage continuity and economy in the development of the City of Colorado Springs, in accordance with a com- prehensive city plan ; and shall by such means as are thought desirable endeavor to stimulate public inter- est in city building and in wise expenditure of public moneys for civic improvements. §29. Council Refer Proposed Improvements to 6 ; Commission. (Sec. 5) All matters concerning the location or vacation of any public building, monu- ment, boulevard, parkway, street, alley, highway, square, park, playground or other public improve- ment, or of any extension of relocation of the same, or any proposed change from the city plan submitted by Charles Mulford Robinson in May, 1912, and gen- erally all matters concerning the making of any pub- lic improvements, shall be referred by the city cou- ncil to said commission for consideration and recom- mendation before final action shall be taken thereon by the council. §30. Plats of City Additions, to be Submitted to Commission. (Sec. 6) All plats of new additions to the City of Colorado Springs shall, before acceptance by the council, be submitted to the city planning com- mission for recommendation thereon. No street, highway, alley or other thoroughfare, within the city limits, hereafter platted, replatted or dedicated, shall be accepted by the city council, or be improved or cared for at public expense, unless and until the plat, replat, or dedication of the same shall first have been submitted to said commission for rec- ommendation thereon. §31. Expenses of Commission. No Compensation to Members. (Sec. 7) The expenses of said commis- sion shall be provided for at at the discretion of the city council, but no member of said commission shall receive any compensation for serving on said com- mission. [Ord. No. 900, passed Mar. 14, 1913.] ARTICLE 5. RELATING TO THE OFFICE OF CITY CLERK. §32. City Clerk. Appointment. Bond. (Sec. 1) 68 The city clerk shall be appointed as required by the charter, and he shall hold his office for an indefinite term, and he shall be subject to removal at any time in the iiiaimer provided in the charter. The clerk and his assistants are each hereby assigned to the department of finance. Before entering upon the duties of his office the clerk shall be bonded by a surety company approved by the mayor, in the sum of five thousand dollars ($5,000) for the faithful per- formance of his duties. §33. Duties. (Sec. 2) The clerk shall, in addi- tion to the duties imposed upon him by the charter and by law, perform the following duties: (a) He shall be custodian of all moneys, books, property or other things belonging to, or under the control of the city in the office of the clerk, and in the event of his resignation or removal from office, it shall be his duty to deliver to the commissioner of finance all property and things of which he is custo- dian as clerk. (b) ATTEND COUNCIL MEETINGS. The clerk shall attend all meetings and keep a regular and correct journal of the proceedings of the city council. (c) RECORD OKDINANCES, ETC. The clerk shall carefully record all ordinances, resolutions and other matters necessary to be recorded. (d) PUBLISH ORDINANCES. The clerk shall see that all ordinances, resolutions, notices and other matters are published as required by law. (e) FILE ORDINANCES, BONDS, ETC. The clerk shall file in his office and safely keep the orig- inals of all ordinances passed by the council and also all bonds, records, papers and documents pertaining to his office or ordered by the council to be kept on 69 file therein, and shall carefully index and arrange the same for convenient reference. (f ) DELIVER ORDINANCES, ETC., TO THE MAYOR. The clerk shall, without delay, deliver to the mayor all ordinances, resolutions and contracts which require the approval or are to be otherwise acted upon by the mayor, together with all papers ' relating thereto. (g) ISSUE LICENSES, ETC. The clerk shall issue all licenses and permits granted under the ordi- nances of the city and keep a register in which shall be entered the name of each and every person to whom a license is granted, the date of the license, the purpose for which granted, the sum paid therefor and the date same will expire. All moneys due the city for licenses shall be collected by the city clerk, or a deputy in his office, and the clerk shall desig- nate one of his deputies to perform primarily the duty of collecting all license fees due the city, and such deputy shall in addition to other license taxes collect the taxes for licenses on dogs heretofore col- lected by the poundmaster and city treasurer. (h) ATTEST CONTRACTS, COUNTERSIGN WARRANTS. The clerk shall attest all contracts of the city authorized by the council and signed by the mayor, and countersign all warrants issued by the auditor and approved by the mayor. (i) SEAL. The clerk shall be the custodian of the corporate seal of the city and shall affix it to all instruments required to be attested by such seal. (j) CEMETERY. The clerk shall also keep an accurate record of all lots in the cemetery, or such other place of burial as the council may provide or establish. Applications for the purchase of lots there- in shall be made to the clerk and he shall sell the 70 same at such price or prices as may be directed by the council. The clerk shall give a certificate of pur- chase to the purchaser of any lot or lots. The cer- tificate shall be signed by the mayor and attested by the clerk under the seal of the city, and shall specify the number of the lot and block so purchased. The record of the clerk shall show the date of the pur- chase, the name of the purchaser and the number of the lot or lots purchased. The clerk shall also issue burial permits and keep a diagram showing the exact location of each interment in said cemetery or such other place of burial. The clerk, instead of the city treasurer, shall hereafter collect all moneys due the city for the care and up-keep of all cemetery lots. (k) MONEYS TO BE PAID TREASUEER. All moneys reecived by the clerk on account of the city, shall be by him within twenty-four hours, de- livered to the treasurer. §34. Assistants. (Sec. 3) The clerk shall, until otherwise provided by ordinance, have three depu- ties as assistants in his office, who shall perform such duties as the clerk shall require in connection with his office, and the duties appertaining thereto, and the clerk shall be responsible for the fidelity of said deputies and their faithfulness and efficiency; all such deputies shall be appointed by the mayor upon the recommendation of the commissioner of finance, and such deputies shall not be appointed for any defi- nite term, and they shall be subject to removal by the mayor or council at any time. §35.’ Bonds of Deputies. (Sec. 4) A bond in the sum of $2,500, running to the City of Colorado Spring's, shall be required from all deputies who shall have the care, custody or handling of any moneys or other valuable things belonging to the city, [Ord. No. 864, passed May 15, 1912.] ARTICLE 6. OF Tim CFl^Y ATTORNEY, HIS POWERS AND DUTIES. §36. City Attorney. Appointment Subject to Removal. (Sec. .1 ) There is hereby created the posi- tion of city attorney, who shall be appointed by the mayor, sn]\ject to confirmation by the council. He shall not l)e appointed for any fixed term, but shall always be subject to removal by the mayor. §37. Duties. (Sec. 2) The city attorney shall conduct all cases in court in this state wherein the city shall be ]^arty plaintiff or defendant, or a party in interest. He shall be the legal advisor of the mayor, council, commissioners, and heads of depart- ments, in relation to their duties. He shall draw, or pass upon all contracts, deeds, leases, to whicli the city is a ])arty. He shall prepare such ordinances as the mayor or council may direct, and shall, when re- fpiested, examine and report in writing to the coun- cil n})on ordinances prior to their passage by the council. He shall, when requested so to do, furnish written opinions upon subjects submitted to him by the mayor, the commissioners or the council. He shall institute an action in every case where there has been a violation of any ordinance when in- structed so to do by the mayor, or the council, and shall prosecute actions in the police court when re- el nested to do so by the mayor or the police magis- trate. He shall kee]) in ])roper books to be provided for that imrpose, a register of all actions in courts of record ])rosecnted or defended by his office and the proceedings had therein; such books shall at all times be open to the ins])ections of the mayor, or any commissioner. 72 He shall annually, on or before the first day of January of each year, report in writing to the coun- cil, all actions pending in courts of record, prosecuted or defended by his office, to which the city is a party; and such report shall contain the names of all defendants and complainants, the nature of the action, the date of the commencement thereof and the status of each suit, accompanying such report with such information as he may see fit to append. He shall attach to such report a list of all cases in a court of record that have been disposed of during the year, stating the manner of the disposition of each of such cases. He shall prepare and submit to the commissioner of finance on or before the first day of November of each year, a statement of all unsettled judgments for and against the city, and an estimate of the whole cost and expense of providing for and maintaining his office during the ensuing fiscal year, which esti- mates shall be in detail so far as practicable. He shall, upon his removal from office, forth- with, on demand, deliver to his successor in office, all books and papers in his possession belonging to the city or delivered to him by any of its officers, and all papers and information in his possession in ac- tions prosecuted or defended by him then pending and undetermined, together with his register thereof and his proceedings therein. §38. Compensation. (Sec. 3) The city attorney shall receive such salary as the council by ordinance shall prescribe. [As amended by Ord. No. 893, passed Jan. 29, 1913.] §39. Assistants. (Sec. 4) The city attorney, with the consent of the council, ma}" employ an as- sistant, who shall reecive such salary as the council by ordinance shall prescribe. 73 ^riie ('Oiincil may also, at any time, employ other counsel, to take cliarge of any litigation or to assist the city attorney, whose compensation shall he hxed by the council at the time of employment. §40. Assignment. (Hec. 5) All matters pertain- ing- to finance in the city attorney’s department are hereby assigned to the department of finance. [Ord. No. 787, Secs. 1-5, ])assed Dec. 24, 1909.] ARTICLE 7. OF THE POLICE COURT AND THE POLICE MAGISTRATE. §41. Police Court Created. Terms of Magis- trate. (Sec. 1 ) There is hereby created a police court for the City of Colorado Springs, which said court shall be presided over by a police magistrate, who shall not hold his office for any fixed term, but shall always be subject to removal by the mayor, or the affirmative vote of four members of the council, whenever in his, or their judgment the public inter- ests demand or will be I)etter subserved thereby. §42. Police Magistrate. Appointment. Va- cancy. (Sec. 2) The police magistrate shall be a])- pointed by the city council, and such an appointment shall be for an indefinite term. In case of the tem- ])orary absence, sickness or other inability of the police magistrate to act, the mayor may appoint some coni])etent person to act as such police magistrate, and such a]:>pointment shall be in writing, and in such case the person so appointed sliall act in the 74 place and stead of siicli police magistrate until tlie disability of such police magistrate is removed. §43. City Council Furnish Supplies. (Sec. 3) The city council shall furnish the necessary books, stationery, blanks, furniture and fuel required for the use of such court, together with suitable rooms for the proper conducting of the business of said court. §44. Jurisdiction of Court . (Sec. 4) The police court shall have exclusive original jurisdiction to hear, try and determine all charges of misdemeanor as declared by the charter and all causes arising under any of the ordinances of the city for a viola- tion thereof. There shall be no trial by jury and there shall be no change of venue from said court. §45. Qualifications of Magistrate. (Sec. 5) The police magistrate shall be a resident of this city, and a qualified elector therein, and an attorney at law regularly licensed to practice law in this state. §46. Compensation of Magistrate. (Sec. 6) The police magistrate shall receive a salary of one hun- dred dollars per month, payable monthly by the city, and shall not receive any fees or other compensation for his services as police magistrate. §47. Process. (Sec. 7) All processes issued from out of said court shall run in the name of the people of the State of Colorado and be signed or attested by the police magistrate. §48. Process, How Executed. (Sec. 8) The chief of police or any member of the police force of the city, may execute any process or writ issued out of or by said court in any case arising under the charter or the ordinances of the city. §49. Bond of Magistrate. (Sec. 9) The police, 75 magistrate shall give bond to the city in the sum of two thousand dollars, which bond shall be approved by the mayor, and be conditioned for the faithful per- formance of the duties of the office of police magis- trate, and for the faithful accounting for, and pay- ment of, all money coming into his hands by virtue of said office. §50. Powers. (Sec. 10) The police magistrate shall have full power and authority to make and adopt rules and regulations for conducting the busi- ness of the police court, and he shall have all the power incident to a court of record in relation to the attendance of witnesses, the punishment of contempt, and enforcing all orders of said court; provided, however, that no imprisonment for contempt shall exceed five days, and no fine for such cause shall ex- ceed one hundred dollars. §51. Examine Affidavits and Complaints. Ses- sions of Court. (Sec. 11) The police magistrate shall, at all times, receive and examine affidavits and com- plaints for the violation of any city ordinance, or misdemeanors under the charter, and shall issue a summons or warrant in every case where there is probable cause to believe that an offense has been committed; he shall hold regular sessions of his court every day, Sundays and legal holidays ex- cepted, for the trial of cases. [Ord. No. 805, passed Apr. 27, 1910.] §52. Ordinances Can Be Stated by Number. When Title and Date Necessary. (Sec. 12) In all ac- tions for the recovery of any fines or penalties in- curred for a violation of any provisions of the charter, or of any ordinance, or police, or health reg- ulation of the city, it shall 1)0 sufficient to state in the complaint or affidavit the number of the section of the charter, and the general or code number of the 76 section of the ordinance violated when such section is contained in the published code of Colorado Springs, without stating anything more as to the nature or character of the offense charged ; when the section of the ordinance charged to be violated is not contained in said published code, it shall be sufficient to state in the complaint, or affidavit, the number of the section and the title of the ordinance violated, together with the date of its passage, without any other statement as to the substance of the ordinance. [Ord. No. 805, Sec. 12, passed Apr. 27, 1910, as amended by Ord. No. 893, Sec. 32, passed Jan. 29, 1913.] §53. Actions, How Commenced. (Sec. 13) All actions to recover any tine, or to enforce any penalty or forfeiture under the charter or any ordinance, shall be in the name of the city of Colorado Springs. All cases for the violation of any ordinance shall be commenced by summons; provided, however, that a warrant for the arrest of the accused may issue in the first instance upon the affidavit of any person that any such ordinance has been violated, and that the person making the complaint has reasonable ground to believe that the party charged is guilty thereof, and every person arrested upon such war- rant, shall without unnecessary delay, be taken be- fore the police court to be tried for the alleged of- fense. §54. Bail. By Whom Taken. (Sec. 14) Every person arrested under authority of the city shall have the right to be taken immediately before the police court, or the judge thereof, if he is to be found at his office, and to give good and sufficient bond for his appearance to answer for the offense charged, such bond to be approved by the police magistrate; in case the said police magistrate can not be found at 77 ilis office, the chief of i)olice or any police sergeant may take bail and apj^rove the bond until the next session of the i)olice court. The officer approving such bond shall collect therefor the sum of fifty cents, it shall be the duty of the officer approving such bond and collecting the fee therefor to report to and pa}^ over all money so collected to the treasurer, and such report and payment shall be made each day be- fore the close of business hours, except on Sunday and legal holidays when such report and payment shall be made before the close of business hours on the next succeeding secular day. §55. Default. Forfeiture of Bond. Suit on Bond. (Sec. 15) In case any defendant in any cause before the police court of the city shall fail to appear according to the terms, requirements and conditions of his bond for appearance, or appearing shall depart the court without leave, the police magistrate shall declare his bond forfeited; and thereupon proceed- ings shall be instituted in a court of competent juris- diction in the name and on behalf of the city for the recovery of the penalty in such bond named. §56. Proceedings on Default. (Sec. 16) When any defendant duly summoned or admitted to bail, fails to appear at the time his ease is made returna- ble or set for trial, the police magistrate may hear and examine the testimony offered on the part of the city, and shall thereupon render judgment by default against the defendant for such amount, under the ordinance of the city, as the court may deem just. §57. Continuance. (Sec. 17) A party in custody who cannot be tried on account of the absence of witnesses, or for any other good and sufficient cause, and who cannot give bail for his appearance at the time to which his case may be continued, may be confined in the citv jail or other place of confinement 78 provided for that purpose, not exceeding five days, and ill that case the police magistrate shall deliver, or cause to be delivered to the officer committing such person, a mittimus stating the cause of deten- tion. §58. Satisfying Fine Imposed. Imprisonment. Rock Breaking. (Sec. 18) Every person against whom any fine, penalty or forfeiture shall be recov- ered under the charter or under any ordinance of the city, who shall refuse or neglect to pay the same, to- gether with the costs taxed therewith, when de- manded upon execution, and shall be committed in default thereof to the city jail, shall labor at break- ing rock for the city, in such suitable place or en- closure as shall be provided by said city, under the direction of the proper officers, until said fine, pen- alty or forfeiture, and the costs therewith assessed, are fully j^aid and satisfied, said satisfaction to be credited at the rate of two dollars per day of eight hours; provided, however, that female prisoners shall not be required to perform such labor, nor boys under the age of eighteen years. §59. Working Out 'Fine. Security. (Sec. 19) During the time that any person is working out his fine, forfeiture or penalty, as provided in the fore- going section, he shall each night be committed for safe keeping to the city jail, unless he shall give security in double the amount of the fine and costs, to be approved by the police magistrate, that he will appear from day to day and work until such fine and costs shall have been fully worked out or otherwise paid. §60. Chief of Police Report Monthly. (Sec. 20) The chief of police shall at the end of every month make a report to the council showing: 79 (1) The number of days work performed in pursuance of the foregoing provision during the pre- ceding month. (2) The names of all persons committed by judgment of said court, together with the amount of lines, penalties and costs imposed in each case. (3) The names of all persons pardoned, or whose tines have been suspended or remitted after such committal. (4) All persons who have completed their terms of imprisonment, or who may have escaped. (5) All persons giving recognizances for ap- pearance in said court. §61. No Witness Fees When Judgment Against City. (Sec. 21) In cases where judgment is rendered against the city there shall be no fees taxed for wit- nesses. §62. Acquittal. Costs Taxed. (Sec. 22) In all prosecutions for the recovery of a fine, or the imposi- tion of a penalty, when the defendant shall be ac- quitted, the informer or prosecutor may, in the dis- cretion of the police magistrate, be adjudged to pay the costs of witnesses taxed in the case, if it appears to the satisfaction of said court that the prosecution was instituted vexatiously, maliciously or without reasonable cause. §63. Fees and Costs in Police Court. (Sec. 23) It shall be the duty of the police magistrate of the city to tax the following fees and costs in all suits and proceedings in said court wherein judgment is rendered against the defendant, to-wit: For the issue and service of process, trial of cause and entry of judgment, two dollars and fifty cents. 8o For fees of witnesses for the plaintilf, seventy- five cents each per day; provided, that no officer or other agent or employe of the city shall be entitled to receive any fee as a witness in any such suit or pro- ceeding while in the employ of the city, and in such cases no such witness fee shall be taxed; and that defendants may have subpoenas issued for witnesses upon the deposit with the police magistrate of a wit- ness fee of seventy-five cents per day, and the further sum of twenty-five cents for the issuing of each sub- poena. For filing and approving an appeal bond, fifty cents. For taking a recognizance for appearance, fifty cents. For transcript of the record on appeal, one dol- lar. And upon the taking of any appeal such tran- script and all original papers in the case shall be lodged by the police magistrate with the clerk of the county court of El Paso County, and not by any other person. §64. Police Magistrate Pay Fines and Costs to Treasurer Daily. (Sec. 24) It shall be the duty of the police magistrate to report to and pay over all money collected as costs, fines and penalties to the treasurer, and such report and payment shall be made each day, excepting on Sundays and legal holidays, when such report and payment shall be made on the succeeding secular day; provided, that witness fees collected by him from defendants may be paid by him to the witnesses, and in such cases said report shall contain a statement showing the payment of all witness fees so collected and paid. 8i §65. Fines and Costs Must Be Paid to the Police Magistrate. Penalty. (Sec. 25) All lines, penalties and costs shall be paid to the police magistrate of said court, and to no other person; and each officer above mentioned who shall neglect or fail to comply with the provisions of this section shall, upon con- viction, be fined in a sum not less than ten nor more than twenty-live dollars for each offense. §66. Police Magistrate Report Monthly to Coun- cil and Auditor. (Sec. 26) It shall be the duty of the police magistrate, on or before the fifth day of each month, to make and file with the auditor a detailed report, a copy of which shall also be furnished the council, which report shall show: First — The total number of prosecutions com- menced in said court during the month covered by said report. Second — The names of all persons convicted in said court, placing in separate columns on the debit side: (1) The amount of all costs taxed, and in like manner on the credit side, (1) Whether said fines, penalties and costs have been paid ; (2) Whether suspended or remitted; (3) Whether the defendant has been committed to the city jail for default in payment thereof; (4) The total amount of money paid to city treasurer. (5) The names of all defendants appealing; and (6) The names of all persons pardoned. [Ord. No. 805, passed Apr. 27, 1910.] 82 §67. Appeals. (See. 27) Appeals may be taken from all judgments of said court to the county court of El Faso County, when the case shall be tried ‘ ‘ de novo;’’ no appeal of any case tried in the police court shall be taken from the county court to the district court; and no appeal shall be allowed from the police court unless the party appealing shall with- in live days execute a bond, with good surety, to be approved by the police magistrate, to the city, in such penal sum as may be fixed by the court, conditioned that he will duly prosecute such appeal, and will pay off and satisfy any judgment that may be rendered, upon the trial of said case in said court, or dismissal of the appeal, and shall within ten days from the ex- ecution and approval of said bond, pay to the clerk of said county court the fee required by the rules of said court for the docketing of said cause. Upon the execution of such bond, and the payment of said costs, the judgment shall be superseded. Action may be instituted upon such appeal bond, in the name of the city. *[Ord. No. 805, Sec. 27, passed Apr. 27, 1910, as amended by Ord. No. 893, passed Jan. 29, 1913.] §68. Repeal. (Sec. 28) All laws and parts of laws in conflict or inconsistent with any of the provi- sions of this ordinance are hereby superseded, and all ordinances in conflict with any of the provisions of this ordinance are hereby repealed. [Ord. No. 805, passed Apr. 27, 1910.] §69. Police Magistrate May Practice Law. Pro- viso. (Sec. 1) Permission is hereby granted police magistrates of Colorado Springs, when such officer is an attorney at law, to practice his profession in the courts of record in this state, providing that he shall be in no way connected as an attorney with any matter in the courts which originated in the police 83 court of Colorado Springs, and provided further that he shall in no wise engage or assist, directly or indi- rectly, in the prosecution of any legal matter against the city. §70. Violation. Penalty. (Sec. 2) Violation of this ordinance by the police magistrate of Colorado Springs shall be good and sufficient cause for imme- diate removal from office. [Ord. No. 774, passed Sept. 13, 1909.] ARTICLE 8. OF THE BONDING OF CITY OFFICERS AND EMPLOYES. §71. Amounts of Bonds. (Sec. 1) That the re- spective officers and employes hereinafter named shall be bonded to the city of Colorado Springs in some responsible bonding or surety company for and in the sum hereinafter mentioned: City treasurer, $75,000; city auditor, $10,000; deputy city auditor, $1,000; city clerk, $5,000; dep- uty city clerk, $2,500 ; police magistrate, $2,000 ; wa- ter superintendent, $2,500 ; clerk of the water super- intendent, $1,000; water commissioner, $10,000; chief clerk to the water commissioner, $1,500 ; second clerk to the water commissioner, $1,500 ; chief of po- lice, $1,500; chief of fire department, $1,000; assist- ant chief of fire department, $500; city electrician, $1,000; pound master, $500; street commissioner, $1,000; city engineer, $1,000; janitor city hall, $500; health officer, $1,000; city chemist, $1,000; clerk of health department, $1,000; market master, $1,000; 84 plumbing inspector, $1,000; superintendent of cem- etery, $1,000; weigh masters, $1,000 each; secretary of park commission, $1,000 ; city librarian, $500. §7iii. Fees Paid by City. (Sec. 2) The fees charged by the bonding or surety company bonding said officers or employes shall be paid by the city of Colorado Springs. [Ord. No. 809, passed June 11, 1910.] ARTICLE 9. OF ORDINANCES. §73. Rules of Construction. (Sec. 281) In the construction of all ordinances of this city, the fol- lowing rules shall be observed unless such construc- tion is excluded by express provision of the ordi- nance or is inconsistent with the manifest intent of the council, or repugnant to the context of the same ordinance, that is to say: (1) All general provisions, terms, phrases and expressions shall be liberally construed in order that their true intent and meaning may be fully carried out. (2) Words in the present tense, include the future. (3) Words importing the singular number may extend and be applied to several persons or things and words importing the plural number, may include the singular. (4) Words importing the masculine gender may be applied to the feminine. 85 (»j) word ^‘person” or “persons” as well as all words referring to or importing- persons, may extend and be a})plied to firms, to bodies politic and cori)orate as well as to individuals. (0) Tlie word “heretofore” shall mean any time previous to the day on which the ordinance takes effect and the word “hereafter” at any time after such day. (7) The term “laws and ordinances now in force” and words of similar import shall mean the laws and ordinances in force at the time the ordi- nance containing- the words takes effect. (8) The term “court” includes courts not of record as well as courts of record. (9) The term “mayor” shall apply as well to the “acting- mayor”, and the term “council” shall mean the city council. And the terms “attorney,” “auditor,” “clerk,” “engineer” and “treasurer,” shall mean the city attorney, city auditor, city clerk, city engineer and city treasurer, as may be. §74. When Repeal Takes Effect. (Sec. 282). Whenever any ordinance or part of any ordinance shall be repealed or modified by subsequent ordi- nance, the ordinance or part of ordinance thus re- pealed or modified shall continue in force until the ordinance repealing- or modifying the same shall take effect, unless therein otherwise expressly provided. §75. Offenses Punishable Under Different Ordi- nances. Election. (Sec. 283) In all cases when the same act or offense may be punishable under differ- ent ordinances or different clauses of the same ordi- nance, the attorney may elect under which of said ordinances or clauses to proceed, but not more than one recovery shall he had against tlie same ]>erson for the same offense. 86 §76. Penalty When No Penalty Has Been Pro- vided. (See. :284) Whenever in any ordinance the doiiii>’ or omission of any act is declared to l)e a vio- lation thereof or forbidden, and no fine or penalty is specially ])i*ovided for such violation, any person convicted of such violation shall be fined not less than two nor more than three hundred dollars. §77. Repeal of a Repealing Ordinance Not to Revive the Former One. (Sec. 285) When any ordi- nance repealing any former ordinance, clause or pro- vision shall itself be repealed, such last repeal shall not be construed to revive the former original ordi- nance, clause or provision, unless therein so expressly provided. §78. Rights, Etc., Saved. (Sec. 286) No new ordinance shall be construed to repeal a former ordi- nance, whether such former ordinance is expressly repealed or not, as to any offense committed against the former ordinance, or as to any act done, any pen- alty, forfeiture or punishment incurred or any right accrued, or claim arising under the former ordinance, or in any way whatever to affect any such offense or act or any penalty, forfeiture or punishment so in- curred, or any claim arising before the new ordinance takes effect, save only that the proceedings there- after shall conform, so far as practicable, to the or- dinances at the time of such proceeding. If any pen- alty, forfeiture or punishment be mitigated by the provisions of a new ordinance, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new ordinance takes effect. This section shall extend to all repeals herewith [hereafter] by express words or by impli- cation. [Ord. 730, Chap. 21, passed Apr. 3, 1907.] 87 ARTICLE 10. OF THE DIVISION OF THE CITY INTO WARDS. §79. (Sec. 1 ) The division of the city into wards and the honndaries thereof shall be as follows, to-wit: Ward No. 1. — All that portion of said city lying east of the center line of Monument creek and north of a line running east from the center line of Mon- ument creek along the center line of Audley place to the center line of Cascade avenue; thence south along the center line of Cascade avenue to a point opposite the center line of Uintah street; thence east along the center line of Uintah street and the line running east therefrom, in continuation thereof, shall be designated and known as Ward No. 1. Ward No. 2. — All that portion of said city lying west of the center line of Nevada avenue, and north of a line running west from the center line of Nevada avenue along the center line of Pikers Peak avenue to the center line of Cascade avenue; thence south along the center line of Cascade avenue to the center line of Huerfano street; thence west along the center line of Huerfano street to the center line of Spruce street; and east of a line running north from the center line of Huerfano street along the center line of Spruce street to the center line of the Mesa road; thence east along the center line of the Mesa road to the center line of Monument creek; thence north to a point opposite the center line of Audley place; and south of a line commencing at the center line of Nevada avenue and running west along the center line of Uintah street to the center line of Cascade avenue; thence north along the center line of Cas- cade avenue to a point opposite the center line of Audley place; thence west along the center line of 88 Audley place to the center line of Monument creek, shall he designated and known as Ward No. 2. Ward No. 3. — All that portion of said city lying east of the center line of Nevada avenue and north of a line commencing at the center line of Nevada avenue and extending east along the center line of Platte avenue and the line running east therefrom, in continuation thereof, and south of a line running east from the center line of Nevada avenue along the center line of Uintah street and the line running east therefrom, in continuation thereof, shall he desig- nated and known as Ward No. 3. Ward No. 4. — All that portion of said city en- closed by the following boundary line, to-wit: Be- ginning at the intersection of the center lines of Platte and Nevada avenues; thence south along the center line of Nevada avenue to the center line of Yermijo avenue; thence east along the center line of Yermijo avenue to the center line of Shook ’s run ; thence in a northerly direction with the meanderings of Shook’s run, the center of its main channel being the line, to where said center line intersects the cen- ter line of Pike’s Peak avenue; thence east along the center line of Pike’s Peak' avenue and the line run- ning east therefrom, in continuation thereof, to the eastern boundary line of the city; thence in a north- erly direction with the eastern boundary line of said city to where said boundary line intersects the center line of Platte avenue; thence west along the center line of Platte avenue to the place of beginning, shall be designated and known as Ward No. 4. Ward No. 5.— All that portion of said city lying east of the center line of Nevada avenue and the line running south therefrom, in continuation tliereof, and south and east of a line running east from the 89 center line ot Nevada avenue along the center line of VNu'niijo avenue to the center line of Shook’s run; thence northeasterly along the center line of Shook’s run to the center line of Pike’s Peak avenue; thence east along the center line of Pike’s Peak avenue and the line running east therefrom in continuation there- of, shall he designated and known as Ward No. 5. Ward No. 6. — All that portion of said city lying west of the center line of Nevada avenue and the line running south therefrom, in continuation thereof, and south of a line running west from the center line of Nevada avenue along the center line of Yermijo avenue and the line running west therefrom, in con- tinuation thereof, shall be designated and known as AYard No. 6. Ward No. 7. — All that portion of said city lying west of the center line of Nevada avenue, south of the Second and Eighth wards, west of the Eighth ward and north of the Sixth ward, shall be desig- nated and known as Ward No. 7. Ward No. 8. — All that portion of said city lying west of a line running from the center line of Huer- fano street north along the center line of Spruce street to the center line of the Mesa road; thence east along the center line of the Mesa road to the center line of Monument creek; thence northerly along the center line of Monument creek to the city limits; and north and east of a line running from the center line of Spruce street west along the center line of Huerfano street to the center line of Pitkin street; thence north along the center line of Pitkin street to the center line of AYest Pike’s Peak avenue; thence westerly along the center line of Pike’s Peak avenue to the center line of Limite street; thence north along the center line of Limite street and the continuation thereof to the northerly line of the city 90 limits, shall be designated and known as Ward No. 8. [Ord. No. (313, passed May 26, 1902.] ARTICLE 11. GENERAL PROVISIONS. §80. Copies of Papers. Transcripts of Records. Certified by City Clerk Under Corporate Seal. Re- ceived in Evidence. (Sec. 9) Copies of all papers filed in the office of the clerk, and transcript of the records of the council, and any record in the office of the clerk, duly certified by him, under the corpo- rate seal of the city, shall be received in evidence in all courts of this state. [Ord. No. 730, Sec. 9, passed Apr. 3, 1907, as amended by Ord. No. 894, Sec. 3, passed Feb. 5, 1913.] §81. Establishing the Corporate Seal. (Sec. 1) That the seal, the impression of which is as follows: In the center the words, ‘^SEAL, INCORPORATED SEPTEMBER 3, 1872,’’ and around the outer edge, the words, ‘^COLORADO SPRINGS, COLORADO,” shall be and is hereby declared to be the seal of the city of Colorado Springs. [Ord. No. 210, passed July 20,' 1885.] §82. Office Hours, Offices in City Hall. (Sec. 1) That all city offices maintained in the city hall shall be kept open to the public from eight o’clock in the forenoon to five o’clock in the afternoon of each and every day in the week, except on Sundays, and other legal holidays, unless the council shall by resolution otherwise provide. [Ord. No. 780, passed Oct. 27, 1909.] 91 §83. Salaries Fixed Annually. (Sec. 275) The salaries or compensation of all officers, clerks and employes of the city unless otherwise provided in this ordinance shall be determined and fixed by the council, and shall be provided for in the annual ap- propriation ordinance. §84. Salaries Payable. (Sec. 276) The salaries of the mayor, auditor, attorney, clerk, treasurer, en- gineer and the members of the council shall be due and payable monthly. And the salaries or compen- sation of all other officers and employes of the city shall be due and payable semi-monthly. §85. Reports. (Sec. 277) All officers of the city shall in addition to the reports required by any ordi- nance to be made by them, report to the mayor in writing when requested, the condition of their re- spective offices and of the business and all matters therein touching the interests of the city. §86. Delivery of Property to Successor. (Sec. 278) Every person having been an officer of the city, shall at the time liis successor in office shall qualify, deliver to such successor, all property, books and effects of every kind in his possession belonging to the city or appertaining to his office. §87. Penalty. (Sec. 280) Any officer violating any provisions of this chapter shall be deemed guilty of misconduct in office and shall be liable to removal from office therefor. [Ord. No. 730, Chap. 20, passed Apr. 3, 1907.] ARTICLE 12. OF THE PLAYGROUND COMMISSION. §88. Commission Established. (Sec. 1) There is hereby established a Playground Commission. 92 §89. Members of Commission. (Sec. 2) The playgTOuiid commission shall consist of five (5) per- sons to be appointed by the city council. One of said persons shall be a member of the city council; one shall be a member of the board of education of school district No. 11, El Paso County, Colorado, and one shall be a member of the park commission of this city. Two of said members shall hold office for a term of one year from January 1, 1914, two for a term of two years from January 1, 1914, and one for a term of three years from January 1, 1914, and there- after each member shall serve for a term of two years and until his successor is appointed, provided that the term of office of the members who are selected from the city council, board of education and the park commission shall end at the times such members cease to be members of such council, board of educa- tion or park commission, respectively, and a person shall thereupon be appointed to fill such unexpired term. The city council may by a unanimous vote remove any member at any time it so desires. §90. Control of Playgrounds. (Sec. 3) Said commission shall have control and supervision of any and all playgrounds now or hereafter established within this city or upon property of this city, pro- vided that when such grounds are a part of the park system of this city, it shall not supersede the rights of the park commission or the city in controlling such property. §91. Powers of Commission. (Sec. 4) Said play- ground commission shall have, power to establish and supervise such playgrounds upon public or private property as it deems desirable and the owners of such property permit ; may accept and expend public and private donations for playground purposes ; may em- ploy playground supervisors, directors, teachers. 93 4 story-tellers and instructors, purchase and install ap- paratus and equipment, offer medals and prizes and have all powers to properly carry on supervised play- ;L>ronnd work and to raise and expend funds therefor. §92. Powers in Incurring Indebtedness. (Sec. 5) Siu'li commission shall have no power to enter into contracts to incur indebtedness on behalf of the city, except upon the express authorization and con- sent of the city council, provided that it is hereby autliorized to incur indebtedness for apparatus and supervision in such amounts from time to time as do not exceed the amount of money then in the city treasury to its credit or then appropriated by the city council for its use. §93. Funds. (Sec. 6) All funds of the said com- mission shall be kept in the city treasuiw in a special fund hereby designated the playground fund,’’ but shall be expended only at the direction and author- ization of this commission. §94. Rules and Regulations. (Sec. 7) Said com- mission shall have power to establish such rules and regulations for the control of its grounds and the conduct of the children and other persons thereon as it shall desire and it may fix the age limit over or under which persons cannot play on such grounds. It may adopt such rules and regulations for its own conduct and elect such officers as it may deem desir- able. §95. Members Serve Without Compensation. (Sec. 8) No member of the commission shall receive any compensation for serving on such commission. §96. Appropriations. (Sec. 9) The. city council shall make such appropriations for such commission as it deems advisable. [Ord. No. 922, passed Nov. 26, 1913.] 94 CHAPTER II OF THE DEPARTMENT OF WATER AND WATER WORKS. ' ARTICLE 1. ORGANIZATION AND ADMINISTRATION OF DEPARTMENT. §97. Department an Entity. (Sec. 3) The de- partment of water and water works shall embrace all property, rights and obligations of the city in respect to water and water works, and shall insofar as prac- ticable be administered as an entity. To that end all contracts, records and muniments of title pertaining thereto shall be assembled and carefully preserved, and account shall be kept of its assets, liabilities, receipts and disbursements, separate and distinct from the accounts of any other department. Its revenue shall be so applied that as far as possible the department shall be self-sustaining. §98. Commissioner Administer Department. (Sec. 4) The commissioner of water and water works is charged with the administration of said depart- ment. He shall appoint all such officials, assistants and skilled employes as may be necessary, and may secure the services or advice of hydraulic engineers, special counsel and other experts for such compen- sation as may be approved by the council. ' He shall take care that the water supply of the city is pre- served from impairment or pollution and seasonably augmented so as to assure at all times a supply of potable water adequate for the growing needs of the city. To that end he shall cause comparative inves- 95 tigation to be made of all available reservoir sites and sources of such water supply and report thereon to the council with his recommendations. He shall also prepare and submit to the council measures for the storage and augmenting of the city’s supply of water for ditch and irrigation purposes. He shall cause adequate water measurements and tests to be made and record thereof preserved. §99. Commissioner Fix Rates. Council Impose Fines. (Sec. 5) He shall, with the approval of the council expressed by resolution, fix rates and estab- lish regulations for the use of water by consumers and regulations for the orderly administration of the department. The council shall by ordinance impose fines and penalties for the violation of any of said regulations. §100. Duty of Commissioner as to Bonds. (Sec. 6) He shall, as soon as may be after this ordinance goes into effect, prepare, with the advice of the com- missioner of finance a measure for the retirement by purchase or redemption of the existing water bonds of the city through the issuance and sale hereby pro- vided for of bonds of the city to mature not later than fifty years from their date, bearing interest at a rate not exceeding four per cent, per annum and providing for payments into a sinking fund com- mencing not earlier than ten years from their date, said interest and sinking fund payments to be charg- able primarily upon the revenues of the department, and shall submit said measure to the council for ac- tion thereon. He shall from time to time in like manner pre- pare and submit to the council for action thereon measures for such bond issues or other financing of the department’s aifairs as the needs of the city may require. 96 §101. Emergency Warrants. (Sec. 7) If at any time the moneys appropriated and available for said department shall be insufficient in his judgment to meet any emergency arising in said department since the passage of the last annual appropriation ordi- nance the council may, upon his requisition and by resolution declaratory of the emergency, cause emer- gency warrants to be issued in an aggregate amount not exceeding one hundred thousand dollars in any one year, bearing interest at a rate not exceeding- six per centum per annum, and payable out of the re- ceipts of said department for the ensuing year, in- cluding proceeds from the sale of bonds. Said war- rants and the moneys realized thereon shall be ap- plied only to meeting the emergency so declared. §102. Water Department Employes. (Sec. 8) The water superintendent, the water commissioner, the assistant water superintendent, the clerk and all assistant clerks, or bookkeepers of the water depart- ment, the meter inspector, the turn-otf men, the tap- pers, all caretakers of the several lakes and reservoirs belonging to the city^s water system, and all other employes in the water department of the city are hereby assigned and distributed to the department of water and water works. The mayor shall purchase all supplies for said department as in the manner provided by ordinance. He shall audit and approve all pay rolls, and all bills and accounts for the expen- diture of money in his department, before the same are presented to the auditor for payment. He may suspend or remove any officer or employe in his de- partment whenever in his judgment the public in- terests demand or will be better subserved thereby. [Ord. No. 778, passed Oct. 20, 1909.] §103. Salary of Mayor as Commissioner. Ac- count, in Department of Water and Water Works. 97 (Sec. 2) There is hereby created in the deijartment of water and water works an account entitled ‘ ‘ salary of mayor as commissioner of water and water works.” [Ord. No. 773, passed Ang. 17, 1909.] ARTICLE 2. SUPERINTENDENT OF WATER WORKS. §104. Office Created. (Sec. 314) There is here- by created the office of superintendent of water works. The superintendent shall be appointed by the mayor, and shall be bonded in such sum and re- ceive such salary as shall be provided by ordinance. In addition to the duties and obligations hereinafter imposed on him, the superintendent shall perform such other acts and things as shall be assigned him by the mayor acting as commissioner of the depart- ment of water and water works. §105. Duties. Compensation. (Sec. 315) The superintendent shall have charge of the maintenance and management of the water works and the care of the irrigating ditches, pipe lines, flumes, reservoirs, intakes, tunnels and watersheds. He shall keep correct and complete data of the water-works system and of all construction and other work connected therewith and of all Are hydrants, pipes and valves and shall examine at least four times a month, all reservoirs and all pipes and ditches leading into and out of the same, and shall keep a record of the amount of water running into and out of such res- ervoirs, and a record of the amount of water running out of the sewers, and he shall make a report thereof 98 to the engineer at least once a month, and the. en- gineer shall keep a record of the same. He shall make examinations for and furnish to the water commissioner such information as may he necessary to determine the water rates and shall deliver such notices as shall he required hy the water commis- sioner. He shall, when requested hy the mayor, or the water commissioner, inspect all pipes, hose, fau- cets, closets, haths and fixtures, from which water is used. In case of violation of any rule or ordinance in relation to sprinkling or the fixtures or of any leaking hose or water running to prevent freezing or any waste or misuse of water, he shall at once notify the person owning or occupying the place where such violation occurs. Such notice shall be in writing and a duplicate thereof shall he filed with the water commissioner. He shall make a report to the council at the first, meeting thereof in each month, showing the operations in his department during the preceding month and the condition there- of; and on or before the first day of February of each year he shall make such report for the preced- ing year. He shall perform such other duties as the council shall require and he shall devote all of his time to the duties of his office. §106. Assistants and Subordinates. (Sec. 316) ^ The mayor shall appoint such assistants and subor- dinates in the department of water and water works as he shall consider necessary for the efficient man- agement and conduct of said department. The sal- ary of the assistants and the subordinates in said department shall be fixed by ordinance or by resolu- tion adopted by the council. Each assistant and subordinate in said department shall be bonded in such amount as shall be provided by ordinance, and he shall perform such duties as may be assigned to him by the superintendent, and by the commissioner 99 of the department of water and water works. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] ARTICLE 3. THE WATER COMMISSIONER. §107. Water Commissioner. Appointment. Bond. (Sec. 317) There is hereby created the posi- tion of water commissioner. The water commis- sioner shall be appointed by the mayor for an in- definite term, and may be removed by the mayor or by the council at any time as provided by the char- ter. The water commissioner shall be bonded for the faithful performance of the duties of his office by a surety company in such amount as shall be fixed by ordinance. §108. Duties. Compensation. (Sec. 318) The commissioner shall assess and collect all licenses and rents for the use of water and all fines in relation ^ thereto and give receipts therefor. He shall keep in a clear, methodical manner such books and records as will show all the transactions of his office. He shall issue all tapping permits and shall give notice to the superintendent to turn on and off water. He shall deliver to the treasurer each day all moneys received by him and shall make a report to the coun- cil at the first regular meeting therof in each month of all moneys collected by him during the preceding month and shall make a report at the first regular meeting of the council in January and July of all moneys received by him during the next preceding term. He shall work in connection with the super- lOO intendent and be under bis supervision in all matters connected with the actual operation of the water sys- tem. He shall devote all of his time to the duties of his office. The water commissioner shall be paid foi; his services such salary as is fixed by ordinance. No other compensation shall be allowed or paid by the city to the commissioner for any services whatso- ever. [Ord. No. 730, passed Apr. 3, 1907, as amend- ed by Ord. No. 894, passed Feb. 5, 1913.] ARTICLE 4. OF TAPS, STOP BOXES, SERVICE PIPES, ETC. §109. Permits. (Sec. 320) Any owner of prop- erty, or other person, with the consent of the owner of such property, desiring to connect any pipes with the mains of the water-works system shall make ap- plication to the water commissioner for a permit so to do. Such application shall be in writing and shall state the name of the owner upon whose prem- ises the water is to be introduced and the street upon which such premises is located and the offical num- ber thereof. Upon so doing and the payment of the fee hereinafter required, the commissioner may grant such permit. Such permit shall state the name of the person for whose benefit such permit is grant- ed, the size of the stopcock for discharging the water from the mains to the service pipes and as near as may be the point at which the tapping is to be done, the place to which the water is to be conducted, the location of the hydrant and fixtures and the contem- plated use of water thereby. No more water shall be used by virtue of such permit at the time of plac- ing the service pipes and their fixtures than shall be lOI iiecesyary to test the tightness thereof, and the con- dition of such pipes and fixtures for their contem- plated use. The commissioner shall keep a record of all permits in a book provided for that purpose in his office. Such record shall set forth the sub- stance of each permit. No person shall extend his service pipes for the supply of any other room, build- ings or premises or for any other purposes than those for which he shall have a permit, without first having obtained a permit therefor from the commis- sioner, for which no charge shall be made. No per- mit shall be required of any person to make any ex- tension upon his own premises when any such ex- tension shall not be for a larger use of water than that for which permit was granted. All such ex- tensions shall be forthwith reported to the commis- sioner. §110. Tapping of Mains. (Sec. 321) All tap- ping of mains shall be done by a properly qualified person who shall be appointed by and be under the control of the superintendent. The taps, stopcocks and lead connections shall be furnished by the city and paid for by the applicant. All ex- cavations for reaching the water main shall be made by the person desiring the connection, and all lead pipes used in the streets, alleys or pub- lic grounds shall be of quality known as extra strong. ’ ’ §111. Stops, Service Pipes. (Sec. 322) Every stop inserted in the mains for making connection with service pipes shall be of brass and the service pipes shall l)e connected with such stops by extra- heavy lead pipe eighteen inches long. Such stops shall be furnished by the city and the charge therefor including tapping, corporation cock and stopcock shall be: 102 % inch, $6.60; % incli, $7.60; % incli, $9.35. Sizes larger than % inch, at such rates as the commissioner and superintendent shall determine. All service pipes and other fixtures connected with the mains shall be good and substantial material, well made, and all work done in making any connec- tion with the mains shall be done in skillful and workmanlike manner. All service pipes shall be laid not less than four feet six inches under ground. §112. Keep Pipe and Fixtures in Repair. (Sec. 323) The owner of any premises to which water has been introduced shall keep all pipes from the mains to his premises and all pipes and fixtures on his premises in good repair, so as to prevent waste of water. Upon failure so to do, the superintendent shall disconnect the service pipes from the mains. §113. Provide Stopcocks. (Sec. 324) The own- er of any service pipe shall keep a stopcock at the outside line of the sidewalk or alley. Such stopcock shall be protected by an adjustable iron box or cyl- inder not less than five feet in length and shall be kept in good condition, so that the water may be shut off from the service pipe at any time. If it shall be necessary to locate any stopcock upon pri- vate property, the same shall be in some accessible place near the premises to be supplied with water. §114. Service Pjpes Supplying Different Prem- ises. (Sec. 325) Permit may be granted for a single- service pipe to supply different premises if the own- ers of the premises shall join in application therefor; a permit may be granted to connect with a service pipe already laid, upon securing the written consent of the person owning the same. Each premises must be supplied with a separate stopcock. §115. Plumber. Report. (Sec. 326) No person 103 except a qualified plumber shall do any work con- nected with the installation of service pipes and fix- tures. A plumber shall be deemed qualified who has obtained a permit or license from the council and who has complied with all provisions of the ordi- nances in relation thereto. All work shall be done with reasonable dispatch, and the plumber within twenty-four hours after the same shall be completed, shall make a report thereof to the commissioner. Such report shall show whether the work has been done in compliance with this chapter and the permit therefor. No water shall be turned on under any permit until such report shall have been made and then only by order of the commissioner. §116. Discontinuing Connection. (Sec. 327) If any person shall discontinue the use of water and take up the service pipes, the stops and ferrule that shall connect such pipes with the mains shall be for- feited to the city and left on the mains. No person shall excavate in any street, alley or public place for the purpose of taking up any service pipes, without a permit from the superintendent so to do, and such permit shall require that such street, alley or public place shall be left in good repair and condition. §117. Water Closets. (Sec. 328) No person shall install any water closet having other than self-clos- ing valves. Those otherwise constructed already existing may be required. [Ord. No. 730, passed Apr. 3, 1907.'] ARTICLE 5. LICENSES, RATES, AND REGULATIONS FOR USE OF WATER WITHOUT METERS. §118. Term. (Sec. 340) Licenses for the use of 104 water shall regularly be granted for a term of six months. If the applicant shall request, the term may be for one year. The regular teims for licenses shall begin January 1st and July 1st of each year. If any license shall be granted for a term of less than six months it shall expire with the current regular term. §119. Applications. (Sec. 341) Applicants for licenses must state fully and truthfully the use to be made of water for which the license is desired and must answer frankly and without concealment all questions of the commissioner or his assistants re- lating thereto. §120. Contents. (Sec. 342) The license shall state the name of the licensee, the street and offical number of the premises, the use to be made of water thereunder, the charge of the permit thereof, the term for which it is granted and the date of issue and expiration. [Ord. No. 730, passed Apr. 3, 1907.] §121. Rates. (Sec. 343) There shall be assessed and charged by the commissioner for licenses for the use of water within this city, per year, except as otherwise provided and except when water shall be supplied by meter measurement, rates as follows : For automobiles : . . . $2.00 For automobile garage, each automobile $2.00 For bakeries, each oven, not less than five dol- lars, nor more than $10.00 For barber shops: first chair, $3.00; additional chairs, each $2.00 For baths: Private residences, each $1.00 In boarding, lodging and rooming houses, and in suites of rooms in hotels, each $5.00 In barber shops $5.00 105 Piil)li(*, iiK'liidiiig- all except the above, eacli. $10.00 For l)iHiai'(l halls, eaeii table $2.50 For blaeksinitli sliops, one forge $5.00 Additional forge, each $2.50 For lodging rooms, each $1.00 For boarding, rooming or lodging houses: Three rooms or less $10.00 Additional rooms, each $1.00 For boilers used for generating steam for ele- vator purposes exclusively, per H. P. at rated capacity $0.25 For boilers used for generating steam for man- ufacturing purposes, when not used for more than ten hours per day, per H. P. at rated capacity $0.75 When used more than ten hours per day, per H. P. at rated capacity $1.00 For bottling works, each $80.00 For breweries, each $80.00 For brick yards, each $100.00 For l)uilding purposes: Brick work, per thousand brick, architect's estimate $0.04 Plastering, per hundred sq. yds., architect’s estimate ’ $0.25 Stone work, per perch, architect’s estimate $0,015 For club houses, each $20.00 For cows, private or dairy, each $2.00 For concrete for sidewalks or floors, per hun- dred s(iuare yards laid $0.25 Colorado School for Deaf and Blind, for all purposes $500.00 For drug stores, each not less than $10.00 nor more than $20.00 For dyeing and cleaning establishments, each not less than $10.00 nor more than $30.00 V io6 For elevators, liydraulic, using water by di- rect pressure: In hotels, boarding or lodging houses, each $150.00 In livery stables, stores or other business houses, each $60.00 For fire plugs, each $8.00 For halls, public, including lodge rooms, each . . $5.00 For horses in private stables, each $2.00 For hothouses, greenhouses and hotbeds, con- ducted for profit, per square yard covered by glass $0.05 For hotels, containing ten rooms or less $25.00 Additional rooms, each $1.50 For laundries^ not less than $20.00 nor more than $40.00 For lunch counters: Serving not more than 50 meals per day, each $10.00 Serving more than 50 meals per day each . . .$20.00 For motors, one horse power or less, each. . . .$36.00 Each additional horse power at rated capac- ity $36.00 The charge for motors in churches shall be one- half of the above rate, and there shall be no charge for motors in private residences for running sewing machines. For offices, each room $3.00 For photograph establishments each not less than $6.00 nor more than $40.00 For residences occupied by one family, one or two rooms $6.00 Three rooms $8.00 Four rooms $10.00 Five or six rooms ’. $12.00 Additional rooms over six rooms, each $1.00 When occupied by caretaker only and there is but one tap $10.00 107 When occupied by more than one family, there shall be charged the above rates for each family. For restaurants: Serving not more than 50 meals per day, each $20.00 Serving more than 50 and not over 100- meals per day, each $40.00 Serving more than 100 meals per day, each.. $75.00 For saloons, each $25.00 For schools and colleges, in addition to charges for fixtures, for each pupil $0.16 For soda fountains, connected with service pipes (not more than one-eighth inch op- ening permitted), each $20.00 For soda fountains, not connected, each, not . less than $5.00 nor more than $10.00 For sprinkling, each nozzle in excess of one, used for sprinkling lawns, gardens, etc., extra tap not included $8.00 For sprinkling carts and wagons, each $100.00 For stables, boarding, livery or veterinary, single stalls, each $2.00 • Double stalls, each $4.00 Vehicles, each $2.00 For stores, each frontage of 25 feet or less, one floor $6.00 Additional floors, each $3.00 For taps, each, not more than one on each lot of fifty by one hundred ninety feet or less $10.00 For theatres and opera houses, each $20.00 For urinals, in private residences, each $2.00 In hotels, saloons, billiard halls or other like public places, each ’stall $10.00 For vacant lots, provided with service pipes, to be used for sprinkling only, each lot fifty by one hundred ninety feet or less. . .$10.00 io8 For water closets, private, or in lodging' or boarding houses, or suites of rooms in hotels, each seat $2.00 In hotels, saloons or billiard halls or other like public places, each seat ‘ $6.00 When used by more than one family, the same charge for each family. For premises not having service pipes, but using water from other premises, permis- sion from the owner having first been ob- tained, not less than $5.00 In all cases where rates are not definitely fixed, the same shall be assessed by the water commis- sioner, subject to the approval of the mayor. Where water is used on any premises or in any building or structure for any purpose not herein specifically described, or through fixtures or devices for which no rate or charge has been fixed, the charge for such license shall be assessed by the water commissioner, subject to the approval of the mayor. Such charge shall be based upon estimate made by the commis- sioner of the amount of water used on such premises or in such building or structure or through such fix- ture. The charges for water supplied beyond the city for the purposes herein named shall be twenty-five per cent, more than the rates of this section. Any license granted for less than one year shall be at a rate corresponding to that of a year in ratio of time. All charges for the licenses shall be paid in advance at the office of the water commissioner. [Ord No. 730, passed Apr. 3, 1907, as amended by Ord. No. 736, passed July 1, 1907, Ord. No. 854, passed Feb. 5, 1913, and Ord. No. 927, passed Dec. 3, 1913.] §122. Regulations. (Sec. 344) No license shall be issued for more than one purpose, nor for the use 109 of families in connection with a license for other pur- poses. When there is more than one use of water for which license is required to be made, in the same room, building or premises, a license shall be ob- tained for each such use. If after a license has been granted, the commissioner shall learn that water is being used for purposes other than or in addition to those permitted by the license, he shall require a license to be taken out for such different or addi- tional uses. No person shall permit any person not holding a license to use any water from his premises, but such water may be used under proper license and the written consent of the owner of the premises from which water is to be secured. No premises shall be considered vacant until the owner thereof or his agent shall have notified the commissioner in writing of such vacancy and ordered the service thereto discontinued, and the owner shall immediate- ly notify the commissioner when such premises shall become occupied. Water may be left on vacant prem- ises for sprinkling purposes only and the regular rate for sprinkling charged. If any premises shall be va- cant at the beginning of the term and shall become occupied during the term, the commissioner shall col- lect a ratable rent for the time occupied. If any prem- ises for which a license has been issued shall become vacant, the commissioner shall upon request of the licensee, direct that the water he turned off and a ratable refund for each full month of vacancy dur- ing the current term shall he made. If any person shall desire to discontinue the use of water for any special purposes, the fixtures supplying same must be disconnected before any reduction of rates on account thereof will be made. [Ord. No. 730, passed Apr. 3, 1907.] §123. Duty of Commissioner. (Sec. 348) The water commissioner shall notify each consumer of no water of the amount of his rent therefor and when the same shall become due. All charges for the use of water supplied to any premises unpaid for six days after the “same are due, shall become a lien on such premises and suit may be instituted against the owner for the collection of the same. If any consumer shall fail to pay his rent within thirty days after the same is due, the commissioner shall cause the water to be turned off from his premises and no water shall thereafter be supplied to such premises until such rents and all charges and pen- alties have been paid. §124. Water Used in Construction of Buildings. (Sec. 350) No permit for the construction, alteration or repair of any building shall be issued by the en- gineer as building inspector, until the charges for water necessary to be used in connection therewith shall have been paid to the commissioner. Esti- mates of the amount required for such purpose shall be furnished the engineer at the time of making application for the permit and from such estimate or otherwise, he shall determine the amount of water required to be used and certify the same to the com- missioner. No person shall do any work of public improvement or construct, alter or repair any build- ing or do any work of any kind within or without the city, requiring water therefor from the water system, until he shall have first paid to the commis- sioner the charges for said water provided in this chapter. The engineer shall certify to the commis- sioner, when so requested by him, the amount of water required to be used in such construction, alter- ation or repair. [Ord. No. 730, passed Apr. 3, 1907.] §125. Abatements. (Sec. 352) The mayor shall have authority in his discretion to grant abatements upon the rates of this chapter to charitable institu- III tions and indigent persons. If any dispute shall arise as to the rate to l)e paid any consumer, such committee [mayor] shall determine which of said rates shall apply in the case. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 894, ])assed Feb. 5, 1913.] §126. Separate Stop Boxes. (Sec. 355) If more than one consumer is supplied from one service pipe and a separate stopbox for each has not been pro- vided, the commissioner shall have the authority to shut otf the water from such service pipe for failure of anyone so supplied to pay his assessment or to comply with any provision of this chapter, and any payments made shall be refunded. §127. House Number Required. (Sec. 357) No ])remises shall be supplied with water from the water system unless the same shall be designated by offi- cial number and such number placed and maintained conspicuously thereon. [Ord. No. 730, passed Apr. 3, 1907.] §128. Refunds. (Sec. 359) Warrants for re- funds provided in this chapter shall be issued upon vouchers certified by the commissioner and mayor. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] §129. Turning-on-Water Charge. (Sec. 360) If for any reason except for vacancy the water shall be turned off from any building or premises, the owner or occupant thereof shall pay a charge of one dollar to the commissioner before the water shall be turned on. §130. Sprinkling Regulations. (Sec. 329) The use of water from the mains for sprinkling prem- ises shall be under the control of the superintendent and water shall be used only at such times as he shall designate by public proclamation. No water shall ])e used for sprinkling except through a nozzle of not II2 more than J/4-inch orifice, nor shall more than one such nozzle be in use at the same time for premises not exceeding fifty by one hundred ninety feet in size, except upon license being obtained therefor. §131. Waste. (Sec. 351) No person shall per- mit any waste of water through excessive sprinkling or sprinkling out of prescribed hours, faulty fixtures, leaking hose, running to prevent freezing or any cause whatever. If any person shall permit any waste of water, the superintendent or commissioner shall forthwith cause the water to be turned off from the premises upon which such waste shall occur until the cause of the waste is corrected and all charges and fines for violation of this section are paid. §132. ' Fire Protection. (Sec. 349) All uses of water except for household purposes shall be stopped at an alarm of fire. [Ord. No. 730, passed Apr. 3, 1907.] ARTICLE 6. METERS. RATES AND REGULATIONS. §133. Users. (Sec. 345) Artificial ice plants, barber shops, bath houses, bottling works, breweries, brick yards, cold storage plants, the city of Colo- rado City on sewer flushers, creameries, dairies, dye- ing and cleaning establishments, electric light works, El Paso County for its court house and its jail, gas works, hospitals and sanitariums, hotels and board- ing houses of more than fifteen rooms, hydraulic ele- vators, laundries, office buildings of more than ten rooms, power houses, railroads, slaughter houses, schools and colleges, stationary fountains, telegraph and telephone battery rooms and all other concerns, establishments or plants using large quantities of water or other concerns or businesses making such 113 use of water that a fair charge for same can not oth- erwise be determined, shall have their water supply measured hy meter. The mayor when it [he] shall deem desirable, shall order the installation of meters to measure the water used by any consumer and to assess charges thefor and all meters shall be of a type, size and design, approved by the superintend- ent, and shall be installed in such manner and loca- tion as he shall direct and approve. Meters shall be tested by the superintendent and found to be cor- rect before being installed. The cost of such meters and the expense of installation shall be paid by the consumer, but if any such consumer shall not desire to install such meter at his own expense, the city, upon payment of all expenses of installation, shall provide such meter, and for the use thereof there shall be charged such rental as the mayor shall fix, and such rental shall be paid monthly with the charge for water. Such meter shall be and remain the property of the city. If any person required by this section or by the order of the mayor to have the water supply to his premises measured by meter, shall fail or refuse to provide such meter, as herein provided, within thirty days from being notified so to do, the commissioner shall cause the water to be shut off from such premises until such meter shall be installed and all charges and fines for his failure shall be paid. Meters may be placed on the prem- ises of any consumer upon his application and a per- mit therefor from the mayor, but under this provi- sion no consumer shall pay less for»his water than the flat rate provided in this chapter for the same service. [Ord. No. 730, passed Apr. 3, 1907, as amend- ed by Ord. No. 894, passed Feb. 5, 1913.] §134. Rates. (Sec. 346) The monthly charge for water measured by meter to users within the city shall be: For the first 10,000 gallons or part thereof,, fif- teen (35) cents for each thousand gallons; For the second 10,000 gallons or part thereof, twelve and one-half (12%) cents for each thousand gallons ; For the third 10,000 gallons or part thereof, ten (10) cents for each thousand gallons; For the next 20,000 gallons or part thereof in excess of 30,000 gallons, nine (9) cents for each thou- sand gallons ; For each thousand gallons in excess of 50,000 gallons eight (8) cents for each thousand gallons. No charge shall be less than one dollar for each month. The charges for water measured by meter supplied outside the corporate limits of the city of Colorado Springs and Colorado City, shall be twen- ty-five per cent, more than the rates of this section, unless the council of this city shall otherwise pro- provide by resolution. All charges for water during any month shall be paid before the fifteenth day of the next calendar month at the office of the water commissioner. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 786, passed Dec. 24, 1909, Ord. No. 802, passed Apr. 13, 1910, and Ord. No. 894, passed Feb. 5, 1913.] §135. Failure to Register. (Sec. 347) If any meter shall fail to register, the consumer will be charged at the average daily consumption as shown by the meter when in order. After meter shall be installed no refund or rebate shall be made on ac- count of water wasted. [Ord. No. 730, passed Apr. 3, 1907.] ARTICLE 7. CONTROL AND PROTECTION OF ■ WATER WORKS, STREAMS AND RESERVOIRS. §136. Access to Premises of Consumers. (Sec. 358) Officers and employes of the water department shall have free access at all reasonable times to the premises of any consumer for the purpose of exam- ining all stopboxes, pipes and fixtures and ascertain- ing the manner of the use of water and the amount thereof, and the consumer shall render all proper assistance in the same. §137. City May Shut Off Water for Repairs and Extensions. (Sec. 362) The city reserves the right to shut off water from the mains when it shall deem it necessary to repair any portion of the water works system or to make connections or extensions of the same, or to clean the same and it shall not be liable to any person for failure to supply water for these or other causes beyond its control, nor on said account shall make any refund or deduction of rents or licenses. §138. Tampering With Mains or Pipes. (Sec. 356) No person shall interfere in any manner with any water main, service pipe, water meter, stopcock or shut-ofif box, or any water pipe connected with the system or comprising a part thereof, without permission therefor obtained from the superintend- ent. If water shall be turned off from any prem- ises, and the owner or occupant shall turn the same on or cause the same to be turned on without per- mission of the commissioner, the commissioner shall cause the service pipes of such premises to be dis- connected from the mains. §139. Water From Fire Plugs. (Sec. 353) No person shall take any water from any fire plug or ii6 hydrant or hose pipe except for the extinguishment of tires, or the cleaning or testing of fire apparatus, except also that the superintendent may take water therefrom when necessary for any purpose of the system. §140. Defacement. (Sec. 354) No person shall injure or deface or impair any part, appliance or appurtenance of the water plant or system. §141. Duties of Officers. (Sec. 361) Police of- ficers, firemen and other officers and employes of the city shall report to the superintendent or commis- sioner, any violations of any provisions of this chap- ter which shall come to their knowledge. §142. Pollution. (Sec. 336) No person shall do any act soever which shall tend to foul or render impure or unwholesome, any of the waters or streams tributary or contributing to the water supply of the water works sysetm of this city; nor shall cast into or allow to flow in or fall into any of the waters con- tributing to said water supply, nor into any reservoir or lake belonging to the city, any filth, sewage, car- rion, garbage, minerals, clay, rock or earth of any kind, or any excretion, clothing, paper, rags, or any extraneous substance; nor shall wash, swim, wade or bathe therein or bathe any animal therein, nor cause any animal to enter or swim therein, nor shall shoot over or therein or near thereto, nor do any act or thing that would pollute or tend to pollute the watersheds of such streams or reservoirs. Noth- ing herein shall be construed to interfere with any right or privilege heretofore granted by the city. §143. Obstruction. (Sec. 337) No person shall dig up or obstruct any ditch or pipe line belonging to the city nor do any act or thing to divert, dam- age, drain or otherwise impede or hinder or tend to imi)ede or liinder the flow of any of the waters or streams trihutaiy or coiitri]jiiting to the water sup- ply of this city. §144. Not to Enter. (Sec. 338) No person shall enter within any fence enclosing any lake, reservoir, stream or watershed belonging to or contributing to the water supply of this city, except with the per- mission of the mayor or superintendent. §145. Patrol of Streams. Duties of Superin- tendent. (Sec. 339) The superintendent shall at least once a week and oftener if necessity shall re- quire, patrol or cause to be patrolled, the streams and the watersheds thereof contributing water to the supply of this city and shall arrest any person found violating any of the provisions of this chapter and shall forthwith report any such violation to the mayor. [Ord. No*. 730, passed Apr. 3, 1907.] §146. Penalty. (Sec. 364) Any person who shall violate any of the provisions of this chapter or any of the rules or regulations of the department made or approved by the mayor or by the superintendent or who shall fail to pay any assessment, charge or rent as provided in this chapter or who shall pollute any of the watersheds of the streams, lakes or res- ervoirs of the water system or do any other act or thing prohibited of him by the provisions of this chapter, or fail to do any act or thing required of him by the provisions of this chapter shall in addi- tion to the penalties hereinbefore provided, be fined not less than five nor more than two hundred dol- lars for each offense. [Ord. No. 730, Chap. 6, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] ii8 ARTICLE 8. OF IRRIGATION xVNl) IRRIGATING DITCHES, BOXES, FLUMES AND CONDUITS. §147. Duties of Superintendent. (Sec. 330) The superintendent shall have charge and control of all irrigating ditches, flumes, canals and reser- voirs and the distribution of water for irrigation purposes and the irrigation of premises shall be done only by him or his employes. §148. Time. (Sec. 331) Time allowed for irri- gating any fifty feet of frontage of land shall be fif- teen minutes. If the premises are of a depth too great to be irrigated within such time with one cross- box connection, the superintendent shall notify the party owning or in control of such premises to pro- vide additional and sufficient cross boxes. §149. Cross Boxes. (Sec. 332) All premises using water for irrigation from ditches shall be con- nected with the ditch by a box across the sidewalk or alley, properly covered and not less than sixteen inches wide and eight inches deep. If such box shall be of wood, the sides shall be of two-inch plank. Such box may be of tile or other suitable material of equal carrying capacity and as may be approved by the superintendent, and all boxes shall be placed so that the top thereof shall not project above the ground and there shall be provided at least one cross box for each fifty feet or fraction thereof of frontage. [Ord. No. 730, passed Apr. 3, 1907.] §150. Ditch Boxes. (Sec. 333) To prevent the waste of water, there shall be placed on all irrigat- ing ditches or canals in the streets, alleys of the city, boxes or flumes constructed not less than ten nor more than thirty-six inches wide in the clear, with sides of boards at least two inches thick and not less than six inches nor more than eighteen inches 119 wide, placed perpendicularly and connected at the top by pieces two by four inches in dimension and at the bottom one by four inches in dimension, nor more than four feet apart. There shall be no cover- ing except at necessary crossings, and the bottom of such boxes shall be left open; or there may be placed open conduits of cement, stone or other suit- able material, the construction of which shall be as required by the superintendent and the superintend- ent of streets. AJl boxes or conduits shall be placed on a grade corresponding to that of adjoining- streets, unless otherwise directed by the superintend- ent of streets. If it shall be desired to have any ditch on any street boxed, the council by a majority vote of all members, may order the same done. Thereupon, the superintendent of streets shall notify the owner, his agent, or the person in charge of the premises adjoining which such boxes are to be con- structed, to commence the construction thereof with- in tend days after the receipt of such notice and com- plete the same as soon as may be. If the owner, his agent or the person in charge of such premises shall refuse or fail to comply with said order, such boxes shall be placed by the superintendent of streets and the expense thereof assessed against said property and collected in the same manner as taxes. §151. Ditches. (Sec. 334) The ditches on all streets and avenues running north and south within the city shall be not less than twenty inches wide and ten inches deep, except the ditch on the east side of Cascade avenue which shall be not less than thirty- six inches wide, and except also the ditches on either side of the central parking on Nevada avenue. The ditches on streets running east and west and in alleys, shall be not less than fourteen inches wide and ten inches deep. This provision shall not apply to the ditches within any paving district created 120 under tlie statute. If there be any boxes adjoining- any premises that are not of the recpiired size, the superintendent of streets sliall notify the ownei*, agent or person in control of sncli premises to recon- struct said ]k)x to tlie recpiired size within five days after notice. If sucJi owner, agent or party shall fail or refuse so to do, the superintendent of streets shall remove such l)ox and open the ditch to the required width. No ditch shall be made to conduct from the main ditches exce])t along the street and on the line l)etween street and sidewalk or along an alley, ex- cept tlie council may, upon application, ])ermit the construction of ditches running otherwise and the parties interested shall construct and keep in re])air and lie responsible to the city for any damage caused by any breaking thereof or otherwise, and any sur])lus water therefrom shall be reconveyed to the regularly constructed ditches of the city. All city ditches within the city except the El Paso canal and the main ditches shall be under tlie su]iervision of the su})erintendhnt of streets and all other ditches belonging to the city shall be under the su])ervisiou of the superintendent. [Ord. No. 730, passed A])r. 3, 1907, as amended l)v Ord. No. 894, ]iassed Eeb. 5, 1913.] §152. Interference. (Sec. 335) No person shall obstruct any ditch, ('anal or tlume or divert or turn water from the same to his own or other premises without permission of the su])erintendent, nor shall open, close, raise or lower any of the gates connected therewith, nor interfere with the same in any man- ner, nor with the superintendent or his employes in the discharge of their duties. [Ord. No. 730, passed A])r. 3, 1907.] §153. Ditches, Irrigation For Profit Forbidden. (Sec. 1) The taking of water from any irrigating I2I ditrli owned or eontrolled by the city of Colorado S])i‘iiii>s for tlie ])iir])ose of irrigating by the nse of (lit(di water any fruit or vegetable gardens, orchards, nurseries, or raiiclies, for profit, and not connected with ordinary residence lots, is hereby prohibited. §154. Penalty. (Hec. 2) Every person violating the })rovisions of this ordinance shall upon convic- tion Ije fined in any snrn not less than ten dollars nor more than one hundred dollars. [Ord. No. 478, passed Apr. 20, 1896.] CHAPTER III OF THE DEPARTMEXT OF FIXAXCE. ARTICLE 1. ORGANIZATION AND SCOPE OE THE DEPARTMENT. §155. Commissioner of Finance. (Sec. 10) In addition to the duties and obligations imposed upon the coimnissioner of finance by the charter of the city, he shall do and perform such acts and things as are re(inired of him by the provisions of the ordi- nances of the city, and by the resolutions and orders passed or ado])ted by the council. [Ord. No. 730, Cha]). 4, Art. 1, ])assed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] §156. Powers and Duties. Offices. (Sec. 9) 34ie (‘omniissioner of the department of finance shall have charge and supervision over all accounts and re('ords of the city, and all boards or departments 122 refill ired to keep or make accounts. He shall inspect or cause to be inspected all records or accounts re- (piired to be kept in any of the offices or depart- ments of the city, and he shall cause proper accounts and records to be kept and proper reports to be made. He shall audit or cause to be audited at fre- quent intervals the accounts of every officer or eni- })loye who does or may receive or disburse money. He shall purchase the supplies for his department in the manner provided by ordinance. He shall have charge and supervision over all printing by or for the city, unless otherwise provided by ordinance. He shall examine and approve all bills, accounts, pay rolls and claims before they are acted upon by the auditor, unless otherwise provided by ordinance. He shall, on or before the first Monday in No- vember of each year, certify to the mayor the amount of money to be raised by taxation during the ensuing hscal year to make payment of interest, sinking fund and principal of bonded indebtedness, and also the estimated amount of revenue from all other sources other than tax levy. He shall perform such other duties as are prescribed in the charter. He shall examine or cause to l)e examined the books and affairs of any person, persons or corpora- tion operating public service utilities which are re- quired by law, by charter or by ordinance to make reports to the city or any of its officers, and he shall cause to be collected, all license fees, franchise taxes, rentals or other moneys which may be due or become due to the city from such public utility corporations. He shall report to the council any refusal to permit such examinations, with such recommendations in relation thereto as he may deem proper. The treasurer, auditor, city clerk, and their re- 123 s])(*(‘tive ()ffi(‘e or (lej)artiiieiits, and all employes therein are (listril)nted and assii>'iied to tlie depart- ment of finance, and shall be under the supervision of the commissioner of finance, subject to the general oversight of the mayor. ■ The city clerk shall be appointed l)y the councih Tlie treasurer, auditor, and all deputies and employes in their resi)ective- offices and departments, and all de])uties and employes in the office of the city clerk, shall be a])])ointed by the mayor, the ap]3ointments to be made from ])crsons recommended by the com- missioner of finance for the res])ective ])ositions. He shall have authority to sus])eud any officer or em- l)loye in his depaidment for a period not to exceed ten days whenever in his judgment the ])ublic inter- ests demand or will be l>etter sul)served tliereby. He may enp)loy and discharge or delegate to any sid)oidinate the ])ower to eni])loy and discharge day laborers and unskilled vrorkmen in his department. jOis'l. Xo. 778, passed Oct. ‘JO, 1000.1 ARTICLE 2. OF THE (TTY AFDITOR. §157. Auditor. Deputy. Appointment Of. Du- ties. (8e(‘. 1 J) The auditor and deputy auditor shall each be a])pointed for an indefinite term in the man- ner ])i‘ovided by the charter, and each of them may be removed by the mayor or by the council at any time. They shall each receive such salary, and shall be ])onded in a surety company for the faithful per- formance of their res]3ective duties iu such sums as 24 shall be fixed by ordinance. The auditor shall be custodian of all moneys, books, papers, property and other things belonging to or under the control of the city ill the office of the auditor, and in the event of Ids resignation or removal, it shall be his duty, on demand, to deliver to the commissioner of tinance all property and things of which he is custodian as auditor. §158. Duties. (Sec. 13) The auditor shall, in addition to the duties imposed upon him by law, per- form the following duties: (a) AUDIT AND SETTLE CLAIMS. The auditor shall audit and settle all claims against the city. In making such settlements and for the pur- pose of ascertaining the true state of any balance or balances so due, the auditor shall have power to re- quire any claimant or claimants to tile with him, a statement in writing under oath as to any fact, mat- ter or thing concerning the correctness of any ac- count, claim or demand presented. (b) EECORDS. The auditor shall keep in -a clear, methodical manner, a complete set of books, wherein sliall be stated, among other things, the ap- propriations of the year for each distinct object and branch of expenditure, and also the receipts from each and every source of revenue. (c) REQUIRE OFFICERS TO MAKE STATE- MENTS. The auditor shall require all officers charged in any manner with the receipt, collection or disbursement of the city revenues, or having author- ity to incur expenses on account of the city, or charges of any character whatsoever against the city revenues, to make monthly statements in writing- under oath, showing in detail all such revenues, ex- pense or charges and tile the same in the office of the 125 aiiditoi*. It sliall be the duty of the auditor, when- ever any officer slialJ refuse or neglect to make such statement, or to adjust his accounts whenever re- (juired so to do by the auditor, or to i)ay over to the |)ro])er otfh'er any moneys in Ids possession belong- ing* to the city to cause a notice in writing to be served u])on such officer and his sureties, demanding a settlement of his accounts forthwith, and in the (‘ase of the refusal or neglect of such officer, for a ])eriod of three days after the service of such notice, to make such settlement and pay over such moneys, said auditor shall report such officer to the mayor, who shall immediately remove him or cause him to be removed from office; and proceedings for the re- covering of any moneys due the city shall be at once instituted against such officer and his sureties. (d) ANNUAL STATEMENT. The auditor shall make an annual statement to the council on or before the tirst day of Eebruary of each year, giving a full and detailed statement of all receipts and ex- ])enditures during the |)i*eceding fiscal year. Such statement shall detail the liabilities and resources of the city and all other things necessary to exhibit its true financial conditions; and such statement when examined and approved by the finance committee of the city council, shall be published by him. (e) ANNIWL ESTIMATES. The auditor shall furnish the commissioner of finance such statements and information concerning the financial conditions of the city as said com- missioner may recpiire in order to enable him to com- ity with the provisions of the charter relating to annual appropriation estimates. The auditor shall ])erforni such additional duties as may be required by the ordinam*es of the city, and by the commis- sioner of finance. 126 (f) AIONTJILY STATEMP]NT. The auditor shall on or before the 15tli day of each and every niontli, make a monthly statement which shall be de- livered to the council at its next regnlar meeting* after the 15th, showing* (a) the financial condition of the city at the end of the preceding month as com- pared with the same month of the previous year; (b) the revenue and expenses for the preceding month compared with the same month of the previous year, and for the fiscal year to the end of said preceding month compared with the same period for the previous year; and (c) expenditures made under the appropriations by the council, the balance and per- centage of the appropriations unexpended. The auditor shall ’also make to. the council on or before the 15th day of each and every month for the preced- ing month, a report of each and every pay roll upon which he shall make payments to any employes of the city; such pay roll shall contain the name and place of residence of each employe and shall indi- cate the service for which such employe is paid. (g) WAEEANTS. The auditor shall issue and countersign all warrants drawn upon the treasurer. Each warrant shall state the particular fund or ap- propriation to which the same is chargable and the person to whom payable, and no moneys shall be otherwise paid than upon warrants so drawn. Upon the presentation of any voucher for payment, the auditor before issuing a warrant therefor, shall cause to be made, an inspection and examination of the article supplied and work and labor performed, whether by written contract or otherwise, also of any items appearing in any such voucher, for the purpose of ascertaining that such items or any of them are correct and the price and quality of the labor and service performed and the price, quality and amount of goods, wares and merchandise represented by such 127 voiK'lier ar(‘ lair aud just and in aceordaiu'e with the t(*rins of the written coiitrac't, if any there be, and that all re(|nirenients and ohli<>-ati()ns, express or ini|)lied ])ertaining- thereto, have been ('oni})lied with. For any siu'h examination and ins])e(*tion, all officers, departments and ])ersons liavin<> sn])er- vision of -work and labor or the ])nreliasin^‘ ot snp])lies and material to he paid for by the city, are hereby directed to render such assistance to the auditor as may he necessary to determine the price, (jiiality and character of the work and labor per- formed, material supplied, or the faithful ])erforni- aii(*e of contracts. (h) liEPORT ILiREGLd.AKm In the re- port of the auditor to the council so required to he made, shall be embraced a summary statement of any irreg’ularities discovered by said inspections and ex- aminations so made by order of the auditor. §159. Deputy Auditor. (Sec. 14) The deputy auditor shall perform the duties of the auditor in his absence, and shall perform such additional duties as shall be assigned him by the commissioner of finance, and by the auditor. §160. Financial Reports. (Sec. 20) Monthly iinancial reports for each calendar month are hereby required to be made to the auditor by all depart- ments, officers or persons connected with the city government. [Orel. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] ARTICLE 3. OF THE CITY TREASURER. §161. Appointment of. Bond. Duties. (Sec. 128 !()) The treasurer sliall be appointed as ])rovided by the eliarter, and shall be bonded in the sum of $75,000 by a surety eojn})any for the faitliful performance of the duties of bis office. He shall, upon bis resigna- tion or removal from office, forthwith, upon demand, deliver to the commissioner of finance, all moneys, books, })apers, ])roperty or other things in bis custody or control 1)elong‘ing to the city. §162. Duties. {Hec. 17) The treasurer shall in addition to the duties now imposed upon him by law, perform the following duties: (a) KECEIIT. MONEYS. The treasurer shall receive all moneys l)elonging to the city. (b) EEPORT TO AUDITOR. The treasurer shall render to the auditor a daily statement, setting forth all moneys received by him and on what ac- count they shall have been received, and all moneys paid out by him and on what account they shall have been paid. The monthly report recpiired by law to be made to the council, shall show the name of the bank where any moneys of the city are deposited, the sum of money on deposit in each bank at the date of such report, the interest paid or credited thereon by each ‘bank, and the rate of interest so paid or credited. (c) BOOKS OE ACCOUNT. The treasurer shall cause to be kept, books of account in such manner as to show with entire accuracy all moneys received by him and from whom and on what ac- count they shall have been received; and all moneys paid out by him and to whom and on what account they shall have been paid, and in such manner that such books may be readily understood and investi- gated. Such books and all the papers and files of the office of the treasurer shall be at all times open to 129 the examination of the mayor, tJie auditor, the finaiiee committee or any member of the council. §163. Deputy. When Appointed. (Sec. 18) ^Jdie council may, whenever it deems it necessary, l)y resolution, autliorize the ai)pointment of a deputy treasurer, and prescril)e his duties and fix his salary, and the amount of his bond. [Ord. No. 780, passed Api'. 8, 1907, as amended l)v Ord. No. 894, ])assed Fel). 5, 1918.] ARTICLE 4. OF THE PURCHASE OF SUPPLIES AND :\rATERL\LS AND ACCOUNTING FOR THE SAME. §164. Commissioners Purchase Supplies. (Sec. 1.) The commissioner of each of the executive and administrative departments of the city shall have charg-e and supervision of the purchase of all supplies and material used in the work and maintenance of his department, provided, that where work is done or improvements made in any department under con- tract, such contract for all amounts in excess of $200, shall he authorized by the council and the juaterial necessary for doing* said work or making* said im- provements shall be furnished as provided in said contract. §165. How Lists Shall Be Made for Advertise- ment. (Sec. 2) The commissioner of each depart- ment shall cause the employe in charge of each sub- de]:>artment or office in said commissioner’s depart- 130 iiient, to make out as near as practicable an itemized list of all supplies and material which will be neces- sarily recpiired for use in said sub-department or office for the next ensuing- three months after the making- of such list. Such list shall describe each article required and state the purpose for which it is to be used and the officer or employe by whom the same is to be used so far as practicable. Such list shall be signed by the person making the same, and shall be tiled with the commissioner on or before the last Saturday in December, March, June and Sep- tember of each and every year. The commissioner shall examine said itemized lists, and shall approve and allow only such items as in his judgment are proper and necessary for use in said sub-department or office. §166. Commissioner Advertise for Bids. (Sec. 3) The commissioner shall make up a list from the itemized lists furnished him of the supplies and ma- terial required for use in his department for the en- suing quarter, and he shall furnish the city clerk such list and the clerk advertise in a daily paper published in this city for a period of three days, for sealed proposals to be made at a time specified in the advertisement, for the furnishing of such sup- plies or material. ^At the time specified the bids shall be opened in the presence of the council, and contracts for furnishing of such supplies and mate- rial shall be awarded by the council to the lowest and best bidder, estimating the bids in detail, and awarding to the respective bidders a contract for the articles only whereon the bid is lower than are other bids on the same article. Provided, that if the bids so submitted are not satisfactory, said bids may be rejected, and the commissioner of said department shall advertise for other bids as herein provided. §167. Purchase Made Only of Contractor on Requisition. (Sec. 4) The purchase of all supplies and materials shall be made only of the contractor who has been awarded the contract as herein pro- vided except omitted or emergency supplies or mate- 1 ‘ial which shall be purchased as hereinafter ])i*o- vided. All supplies or material, except omitted or emergency supplies, shall be purchased in the follow- ing manner and not otherwise. The city shall fur- nish each sub-department or office, order blanks in tri})licate. The head of any sub-department or office recpiiring any article or material for use in such sub- department or office shall till out the order blank in triplicate stating what article or material is re- (piired and the ])urpose for which ordered, the per- son for whom said articles are ordered, and the contract price of such article or material when prac- ticable. The orders thus made out in triplicate shall be presented to the commissioner of his de])artment. The commissioner shall examine each of the items contained in said order, and strike out all items which he believes should not be purchased, and he shall approve the orders in triplicate for such sup- plies or material as he believes should be purchased, provided, that no commissioner shall order any single expenditure for material or supplies in excess of $200 without such expenditure has been first ordered by the council. The a])proved triplicate orders of ])urchases shall be disposed of as follows; One (‘ 0 ])y shall be retained in the order book ke])t by tlie head of Ihe sub-department or office; one copy shall be filed with the auditor; and one co])y shall go to tlui ])erson or firm from whom the article or material is ])uiT‘hase-iied by said commissioiiei* and hied with the city auditor on or before the first day of March, 1910, and said commis- ‘sioner shall thereafter cause quarterly inventories and statments to be made and tiled as above pro- vided. §172. Inventories Recorded by Auditor. (Sec. 9) It shall be the duty of the city auditor to provide, under the supervision of the commissioner of finance, a proper book in which shall be entered the contents of each inventory and statement hied by each com- missioner, i>iving- the name of the commissioner and the date of hling such statement. It shall also be the duty of the auditor to keep a book in which there shall be charged to each commissioner’s department every article purchased for said de])artment as shown by the bills of purchase in his office. §173. The Heads of Sub-Departments Account to Commissioners. (Hec. 10) The commissioner of each de])artment shall cause the head of each sum- department, or officer, to account for all supplies and material furnished him, and also for all tools, l)ooks, and other property belonging to or owned l)y the city in his possession or under his control, and said commissioner shall cause the heads of said sub- departments or officers to make written statements quarterly, said statements to contain an inventory of all property on hand, what articles have been used, or consumed in the work of said sub-depart- ment, or office, and if said statement shall show the omission of any tool, article or thing belonging to said department as a ])art of the regular fixtures or furnishings thereof reported in the last previous statement, the head of such sulndepartment or office shall satisfactorily account to the Commissioner for 135 .siK'li m-ti(4e, or tiling- or pay to the city tiie reasoiiahle value tliereof. §174. Blanks and Books Prepared. (Sec. 11) T]ie coimnissioiier of each dej^artineiit, l)y rUid* with the assistance of the mayor and the commis- sioner of finance, sliall pre})are and ])rocure tiie nec- essary blanks and books for tlie juirpose of carryini>‘ into effect the provisions of this ordinance. §175. Penalty. (Sec. 1 2) Any ])erson violating' any of the ]!,rovisions of this ordinance sliall, on <‘on- viction, he fined in any sum not exceeding $200. §176. Repeal. (Sec. 13) All ordinances and laws and ])ai*ts of ordinances and laws in conflict with any of the {irovisions of this ordinance are hereby re- ])ealed. [Oi'd. Xo. 789, ipassed Jan. 5, 1910.] ARTICLE 5. OF THE SALARIES OF CITY E^IPLOYES. §177. Salaries. (Sec. 1) That the salary of the (hty employes hereinafter named shall be as herein- after set out and said salaries shall be payalJe semi- monthly. City clerk $150.00 per month Deimty city clerk and license col- lector 100.00 per month De])uty and miscellaneous cleifc, city clerk’s office 75.00 ]>er month ($50.00 ])er month to be ])aid out of the ceme- tery fund.) Recording clerk and stenogra- ])her, city clerk’s office 90.00 ])er month 136 City treasurer . . 150.00 per month City auditor 150.00 per moutli l)e])iity city auditor 125.00 ])er mouth Police uiai>isti‘ate 100.00 per mouth City forester 120.00 ])er mouth Chty attorney, salary and steiiog- ra])her fees 255.00 per mouth Eui])loyes iii the l)ei)artmeut of \\"ater and Water Works: Superiuteudeut $200.00 })er month Foreman 110.00 ])er month Clerk 110.00 ]>er mouth Bookkee])er 90.00 per montli Water commissioner 150.00 ])er mouth First clerk 90.00 ])er month Second clerk . 90.00 ])er month i\[eter ins])ector 85.00 ]>er month Turn-off' man 85.00 per month Water ins])ectors 80.00 ])er montli Caretaker Lake Aloraine 100.00 per month ( Viretaker at Seven Lakes 75.00 ]ier month Caretaker at reservoirs 7 and 8. ... 75.00 ]ier month Caretaker at Riixton Intake 75.00 ])er month CViretaker at Bear creek 70.00 per month ($25.00 ])er month to he ]>aid by the ])ark com- mission.) Caretaker at ]\Ianitou Settler. . . . 80.00 ]>er month (And house rent.) Caretaker at Pike \hew 75.00 ]>er month (And house rent.) Barn man and teamster . 75.00 ])er. month Ta])])er 85.00 ]>er month Day laborers, not less than 2.50 ])er day Fmployes in the de])artment of ])iihli(' works and ])i‘operty: Fni>‘ineerini>‘ de])artment: City eiii>ineer $175.00 ]>er month 137 ($*jr).()0 to 1)0 ))ai(l by do])artnient of water and wat(M- works.) Assistant eit}' en^-ineer 125.00 ))er month 1 )i'aftsnieii, $4.00 per day or 100.00 ])er niontli St(Miogra])Iiei- and elerk 85.00 ]>er month ($10.00 ])er month to l)e paid 1)y the de]>art- ment of liealth and sanitation.) Instrument men, not less than. . . . 8.50 per day Rodnien, not less than 2.50 per day (diainmen, not less than 2.25 per day Inspector, not less than 2.50 per day Street department: Street commissioner $165.00 ])er Tiionth Foreman 105.00 ])er month Barn man 80.00 per month Clerk and hookkeei:>er 75.00 per month (Of wliich $25 per montli is to he ]>aid by the civil service commission.) Day laborers, not less than 2.25 per day Man with teams 4.00 per day Road roller men, not less than. . . . 8.00 per day Pit foreman, not less than 2.50 per day Gravel o])ei‘ating foreman, not less than ; 2.50 per day l)ej)artment of ])nhlic bnildini>s and grounds: Head janitor at city hall $75.00 ])er month Assistant janitor at city hall 60.00 ])er month Fni])loyes in the department of ])nbli(‘ safety: Police de])artment: •Chief of ])olice $150.00 ])er montli Ca])tain 115.00 ]:>er month Chnl\ 100.00 ])er month Sergeant, 12 hours 95.00 per month Detecdives 100.00 ]>er month Drivers, barn or automobile patro- lmen, 12 hours Patrolmen, 8 hours 13 ^ 85.00 ]>er month 80.00 ])er month i\I()iink‘(l or motoixiyde men, 12 hours 85.00 per month (When horses are furnished by men, $15.00 per month extra.) Police chauffeur 00.00 per month Fire de])artment: Cliief $150.00 Assistant chief 115.00 Captains : 100.00 Lieutenants 90.00 Engineer 95.00 Assistant engineer 90.00 Auto driver and machinist 95.00 Firemen for first six months^ service 75.00 per month per month per month per month per month per month per month per month Firemen 'for second six months’ service 80.00 per month Firemen, thereafter 85.00 per month (When firemen who have rendered satisfac- tory service in the fire department of the city are re-employed in tlie fire department, such previ- ous services may he considered in the fixing of the salaiy of such fireman.) Fire warden 80.00 per month Telephone operators 50.00 ])er month City electrician 125.00 per month Linemen, not less than 3.40 per day Employes in the department of health and sani- tation : Health officer $140.00 ])er month City chemist 110.00 ])er month Clerk in health department 100.00 ])er month Inspectors 85.00 ])er month Dump boss 60.00 per month Marketmaster 87.50 per month Assistant marketmaster 85.00 per month Weighmaster 75.00 per month 39 I nspeetoi- of wei^lits and measures 70.00 })er month Sui)erintemlent of sewers 137.50 ])er montli Assistant sni)erintendent of sewers 75.00 per montli Day laborers, not less than 3.50 per day Man with teams, not less than. . . . 4.00 ])er day Superintendent of (*emetery 137.50 per month Assistant superintendent of cem- etery : 100.00 per montli Day laborers, not less tlian 2.50 per day §178. Appointment. Removal. (Sec. 2) Each eiiijiloye named in section 1 of this ordinance shall not he a])])ointed for a fixed term, hut shall always be 'suliject to removal by the mayor or city council, and u])on removal his rii>lit to salary shall immediately cease and determine. §179. Payable "When. To Whom. (Sec. 3) No em])loye shall he ])aid his salary herein ])rovided until he has been elected or a])pointed in the manner ])i‘ovided for in the charter, or by ordinance, and no suliordinate officer or employe who may lie required teni])orarily to ])erforni the duties of his sujierior in any de])artment shall he paid the amount of salary ])rovided for such sui)erior. [Ord. No. 887, passed Dec. 24, 1912, as amended by Ord. No. 911, passed duly 1(), 1913, and by Ord. No. 912, ])assed duly 23, 1913.] ARTICLE 6. OF SPEOIAE ELECTIONS TO AFTHORTZE INDEBTEDNESS AND ISSI ANCT OF BONDS. §180. Special Elections. (Sec*. 1) S])c(*ial munic- i])al ele(*tions in the (*ity of C^olorado S])rini>‘s^ for 140 the })iirj)()se of voting’ on. the (jnestion ot the creation of any indebtedness or the issuance of any bonds, shall be called, held and conducted in the manner h erei n after ] )i*o v i ded. §181. Called by Ordinance. (Sec. l^) Siicli elec- tions shall be called in pursuance to an ordinance })assed by the council, wliicli ordinance shall desig- nate the date, which shall not be less than thirty nor more than sixty days after the passage of such ordi- nance, on which said election shall be held, and the purpose for which called, and the questions to be submitted to the electors, and the manner in which votes shall be cast for and against the question sub- mitted. More than one such question may be sub- mitted at the same special election. §182. Qualifications of Electors. (Sec. 3) No person shall be allowed to vote at any snch s])ecial election without having been registered as herein provided, and without having paid a property tax in said city in the year next preceding such election. §183. General Election Registration Lists to be Used. (Sec. 4) The registration lists which were used at the last general city election shall be used in Huch special city elections, and any (pialified elector of the city whose name is on such registration list, and who still resides at the place designated in his said registration, and who has paid a property tax in the city in the year next ])receding such special election, shall be deemed properly registered for said election and entitled to vote thereat. §184. Changes in Registration. How Made. (Sec. 5) Additional registration and changes in reg- istration may be made in the following manner: Before any special municipal election held for any of the purposes herein mentioned any qualified elec'tor wliose name does not appear upon the regis- tration lists shall have the right to liave his name ])laeed upon sneli registration lists by presenting himself for registration at the office of the city clerk between the hours of eight o’clock a. m. and nine o’clock p. m. on the eighth day preceding the elec- tion thus to he held, or if that day be a legal holiday or a Sunday, then on the succeeding day, and by (‘om]hying with the recprirements prescribed by the general registration laws of the state. Any (jiialified elector whose name appears upon said registration list, bnt who has removed from the precinct in which he is registered to some other pre- cinct, ma}' appear before the city clerk at any time within five days ])rior to any municipal election and, ii])on making oath in writing as to his then present residence, said city clerk shall draw a line in red ink through the registration of sncli ])erson, making a note as follows; “Changed , 19. . to ])recinct , ward ,” inserting the date and number of ])recinct and ward therein, and shall register in red ink vSnch person in the reg- istration list for the ])recinct in which such person then resides; and a change of residence within the same ])recinct may be made in like manner. The Herk or de])iity making sncli change shall sign his name in the column ])rovided for the signatures of the registration committee, and the person so regis- tered shall also sign his name as in the case of an original regi stra t ion . it shall be the duty of the judges of election to call, in ])erson at the office of the clerk, one day ])i'ior to such election for the ])iir]K)se of receiving such copy of the registration list and such certified al])habetical lis fof tax])ayers, which shall be deliv- ered to them in sealed envelo])e, which envelope shall 142 not be opened until tlie morning of election at the polls in the presence of the judges. The registration committee and the judges and the clerks of election shall be the same as are now or may hereafter be provided by the general laws of the state, except as the council may otherwise by ordinance provide. §185. Who May Vote. Oath. Challenges. (Sec. b) Any elector whose name is on said registration list shall be allowed to vote. (a) When such elector's name is found on a list certified by the county treasurer of El Paso county of those who have j^aid a property tax in the city in the year next preceding said election. (b) When the elector presents to the judges of election a receipt from the coutny ‘treasurer of El Paso county showing that said elector has paid a property tax in this city in the year next preceding- said election, provided, that any qualified elector or election official shall have the right to challenge any elector having the qualifications set out in pro- visions ‘‘a” or “b,” and if such elector is so chal- lenged he or she shall not be allowed to vote unless he or she shall take the oath hereinafter set out in provision (c) When he or she shall have taken an oath which shall be administered by one of the election judges, as follows: ‘W^ou do swear by the ever living God (or af- firm) that you have paid a property tax in the city of Colorado Springs in the year next preceding the date of this election, (or under the pains and pen- alties of perjury).’’ Before the date of holding any special election 143 imd(‘i- lli(* provisions of this ordiiiaiK'e the oily clerk shall procure from the county treasurer of Ell Paso (‘oiiuty a ('ertified, alphahetical list of all persons re- sidiui>‘ in tin* (uty of Colorado Spriiii>-s who have ];aid a ))i' 0 ))erty tax iii said (uty in the year next preceding the date of holding such special election, and tJie said (‘lerk sliall furnish to the election judges of each i)reciu(‘t in the city a true copy of said certi- n(‘d list for the use of said judges at said election. §186. Election Notices. (Hec. 7) After the or- dinance ('ailing a s])ecial election has been jjassed hy the ('ouncil and has gone into effect the clerk shall publish a notice calling the election, three successive days before the election, in not more than two daily newspa])ers of general circulation ]mhlished in the city. §187. Ballots. (Hec. 8) The clerk shall cause suitable ballots to be printed and endorsed with his signature and delivered to the judges of election of the several i)recincts of the city. The l)allots shall ('ontain a brief statement of the i)roposition to i)e voted upon and instructions to the voter which will enable liini to vote for or against such proposition by placing a cross in the appropriate circle. §188. Conduct of Elections. (Sec. 9) The pro- ^dsions of any state law nor or hereinafter in foix'e relating to the manner of voting, the duties of elec tion officers, and the canvassing of returns, and the management of elections, except as otherwise pro- vided in this ordinance, so far as they are applicable, shall govern the special municipal elections herein ]:>rovided. The council shall meet as a canvassing l)oard and duly canvass the election returns within two days after such municipal election. §189. Repeal. (Sec. 10) All laws of this state in conflict or inconsistent with any of the provisions 144 of this ordinance are lierel)y superseded, and all ordinances in conflict or inconsistent with any of the provisions of this ordinance are hereby repealed. [Ord. No. 79o, passed Feb. l23, 1910.] ARTICLE 7. OF THE CITY FORESTER. §190. Position of Forester Created. Appoint- ment. Salary. (Sec. 1) That there is hereby created the position of forester for the city of Colorado Springs, which position shall he filled by a forester who is a graduate of some reputable school of for- estry, who shall be appointed by the mayor upon the recommendation of the commissioner of finance. The said forester shall not be appointed for any definite term and may be removed at any time by the mayor or the council, as is provided in the char- ter. The salary of the forester shall be one hundred dollars per month, payable semi-monthly, but no salary shall be paid said forester for the year end ing Dec. 31, 1910. The forester is hereby as- signed to the department of finance. The forester shall give bond in such sum as may be fixed by res- olution of the council. [Ord. No. 818, passed Aug. 3, 1910.] See Sec. 168 as to salary. CHAPTER IV DEPARTMENT OF FINANCE.— OP LICENSES, AND LICENSE REGULATIONS. ARTICLE 1. OF LICENSES AND THEIR REVOCATION. §191. All Licenses Revocable. (Sec. 2) The 145 oity eomieil of said city shall have the right to re- voke any license hereafter issned to any ])erson in the city of (k)lorado Springs receiving a license pur- suant to any ordinance re(iuiring a license to be taken out, whenever the holder thereof shall violate any of the ]>rovision of the ordinance under which said license vras obtained, or whenever in the judg- ment of the city council the public welfare shall re- (juire that the same should be revoked, or whenever for any reason the city council shall desire to revoke the same. Every license hereafter issued pursuant to any ordinance now existing or which shall here- after l)e passed by the city council, shall contain upon its face a statement that such license is revoka- ])le at the pleasure of the city council. §192. Refund to Licensee. (Sec. 8) In case any license heretofore issued shall be revoked, or in case of the revocation of any license hereafter issued, there shall be refunded to the licensee or person holding and entitled to said license that ])ortion of the required license fee not yet earned at the time of the revocation of said license. [Ord. No. 669, passed Mar. 21, 1904.] §193. License Required. (Sec. l) No person shall engage in any of the businesses hereinafter set out in this city without first ])aying the license fee and obtaining' a license therefor, as hereinafter pro- vided. §194. Signatures. Seal. (Sec. 2) All licenses hereinafter ]u*ovided for shall be signed by the mayor and countersigned by the clerk and the seal of the city thereto affixed. §195. Supervision and Revocation. (Sec. 8) Every license granted under this ordinance shall be granted upon the condition that it may be suspended by the mayor or revoked by the council at any time 146 the holder thereof shall violate any of the provisions of this ordinance, or whenever such suspension or revocation may be required for the general welfare of the city. The conviction of a holder of a license, in any court, shall be considered a sufficient cause for its suspension or revocation. [Ord. No. 713, passed June 18, 1906.] ARTICLE 2. HACKMEN, EXPRESSMEN AND DRAYMEN. §196. License Required. (Sec. 4) No hackman, expressman, drayman or other person engaged in carrying passengers, baggage or freight, for pay or hire, in this city, shall use or cause to be used upon the streets, any vehicle of any description or name, except street railway cars, in the carrying of pas- sengers, baggage or freight, for pay or hire, unless such vehicle is licensed under the provisions of this chapter. §197. When to be Issued. (Sec. 5) Any person may keep, drive and use vehicles for carrying pas- sengers, baggage or freight, for pay or hire, within this city, upon paying the license fee therefor, here- inafter fixed, and obtaining a license for each said vehicle, and complying with all the provisions of this chapter, and such vehicle shall, until the expira- tion of such license, be deemed a ^ licensed vehicle.’^ [Ord. No. 713, passed June 18, 1906.] §198. License Fees. Assignment of License. (Sec. 6) There shall be paid into the city treasury by the party applying for such license for each hack. 147 toiil'ist wa^on or other vehicle, drawn by horses or other animals, liaving a normal seating capacity for foiii- adnit persons or less, used for carrying ])assen- g'ci's for hire for wliich business is solicited, the snm of twenty dollars ($20.00), and the snm of twenty- live dollars ($25.00) for each such vehicle so drawn which has a normal seating capacity for carrying moi'e than four adnit persons. There shall be ]>aid into the city treasury by the party a])])lying for such license for each automobile or other vehicle, propelled by gas, gasoline, steam, electricity, or any mechanical motive power, having a normal seating ca])acity for seven adnit |)ersons or less, nsed for carrying passengers for hire, for which business is solicited, the snm of forty dollars ($40.00), and the sum of fifty dollars ($50.00) for each such vehicle so propelled whicli lias a normal seating capacity for carrying more than seven adult ])ersons. Each license issued for said vehicles shall state tlie seating capacity of the vehicle licensed and the kind of motive power employed to draw or drive The same. There shall be paid into the city treasury by the ])arty ap])lying for such license for each express wagon, dray, transfer wagon, job wagon, or other vehicle of like character, drawn by horses or other animals, for which business is solicited, the sum of ten dollars ($10.00); and for each such vehicle, driven or propelled by gas, gasoline, steam, electric- ity or any mechanical motive power, for which busi- ness is solicited, the sum of ten dollars ($10.00). Each license for said vehicle shall state the kind of ])ower employed to draw or drive the same. No assignment or transfer of any license issued 148 under this ordinance sliall be valid until a])proyed l)Y tlie city clerk. [Ord. No. 713, passed dune 18, 190(), as amended l)v Ord. No. 848, ]>assed dulv 2b, 1911.] §199. Term of License. (Sec. 7) All licenses granted under this chapter shall, unless sooner sus- pended or revoked, continue in force until the 31st day of July after the date of issue thereof. §200. Fares and Charges for Passengers, Bag- gage, Etc. (Sec. 8) The prices and rates of fare to he charged by owners or drivers of vehicles, for the conveyance of passengers for pay or hire, shall not exceed the following: For conveying one passenger a distance not exceeding eighteen blocks, fifty cents; two passengers to the same address, seventy-five cents, and fifty cents additional for one or two ])as- sengers any additional distance within the city. For conveying children, between the ages of five and fourteen years, in charge of a paying passenger, half of the above charges may be charged for like dis- tances, and for children under five years of age, in charge of a paying ])assenger, no charge shall l)e made. For the use of any such vehicle l)y the liour, with one or more passengers, with the privilege of going from place to place, and stopping as often as may be required: For the first hour, two dollars; for each additional hour, or part thereof, one dollar. The j)rices to be charged ]>y the owner or driver of any licensed vehicle, for the carrying of l)aggage, and for the loading and unloading of the same, shall not exceed the following: For carrying l)aggage of any one person, where such baggage does not weigh in excess of one hundred and fifty ])ounds, not to exceed eighteen blocks, fifty cents, and l)eyond eighteen blocks, within the city, seventy-five cents. For baggage in excess of one liundred and fifty 149 ])()iin(ls, at tlie rate of titty (‘ents per one liuiulred and fifty ])ounds. Any dis]nite as to price or dis- taiK'e shall l>e settled l)y the cliief or other officer of the ])oli.ce force. §201. Tags and Price Cards. (Sec. 9i Each velii(‘le licensed under this chapter shall have dis- ])layed in some conspicnons place thereon, a tin or metal license tag, upon which shall he put the words “City License,” and containing the number thereof and the year for which said license is issued, and such tag shall he placed upon said vehicle within three days after the issue of said license. The clerk shall issue to each vehicle licensed under this chap- ter a printed card with the schedule of prices there- on, as herein provided, and said card shall he posted in a conspicnons i)lace in said vehicle. §202. Baggage Left Over. Duty of Driver. (Sec. iO) Whenever any package or article of bag- gage or goods shall he left in or upon any vehicle licensed under this chapter, or in the custody of tlu; driver of any such vehicle, such driver shall promptly deliver the same at the police station, against receipt therefor. §203. Refusal to Convey Passengers. Excuse. (Hec. 13) No owner, driver or other person in charge of any vehicle, licensed under this chapter for the conveyance of passengers shall refuse to convey, within the city, any person, or having undertaken to convey said person, shall fail so to do, except when such ])erson shall he drunk, or disoixhn'ly or afflicted with some contagions disease. §204. Authority of Police. (Sec. 12) Any niem- l)er of the ])olice department shall have ])ower to order the driver or ]^erson in charge of any licensed vehicle, within this city, to remove the same from any place in the streets, or otlier public phu'es, which in liis o])inion may he impi'operly i]icnnilKU‘in£>- said street or ])Iace, or ol)structini>‘ or im))ediiii>- the ])ul)lic travel. §205. Stands at Railway Depots. Designated Places. (H ec. Id) No owner, driver or other ])erson in charge of any vehicle licensed under this chapter, shall make any stand or stopping ])lace with his vehicle, while waiting for employment, or shall solicit for himself or another any eni])loyment at any place in or adjacent to any railway or railway depot, other than the place designated hy the pei'son having charge of such de])ot, or by the chief of police. No preference shall be shown between dif- ferent vehicles of the same class as to the choice of positions within such limits, but different places may be designated for different classes of vehicles, so as to keep each class separate. §206. False Statement by Driver, Etc. (Hec. 14) No owner, driver or other person in charge of any vehicle licensed under this chapter, shall make any false representation or statement in regard to any hotel, rooming or lodging house, ]niblic phice or ])i*ivate residence within this city. §207. Owner of Vehicle. Responsibility. (Sec. 15) Any ])erson to whom license is granted under this chapter shall, for all puri)oses, be considered the owner of the licensed vehicle and res])onsible for all articles entrusted to, and eciually lial)le with the driver thereof, to all forfeitures, ])enalties and ])un- isments herein contained. §208. Violation. Penalty. (Sec. lb) Any per- son violating any of the provisions of this chapter shall be fined not less than ten dollars ($10) nor more than three hnudred dollars ($o00) for each offense. [Ord. No. 715, (1ia]). 1, ]>assed June 18, 1900.1 151 ARTICLE 3. POPCORN, PEANUT, CANDY AND TAMaI.E STANDS. §209. License Required. (Sec. 32) No person shall occupy any part of the streets, alleys or ))aj-ks of this city for the pnr])ose of exposing for sale or selling (a) i) 0 ])corn and ])eannts: or (])) candy: or (c) tamales, without first having obtained a license so to do, as hereinafter })rovided. §210. Application. Fee. Term of License. (Sec. 33) Any })erson desiring a license for any one of said three classes of business sliall a}>ply to the clerk therefor. Upon so doing and the ])aynient into tlie treasury of a license fee of thirty dollars ($30), the clerk may issue such license to such api)licant. and the same shall, unless sooner sns}>ended or revoked, continue in force for one year from the issue thereof. §211. Location and Size of Stand. (Sec. 34) No siicli licensee shall carry on sucli ])iisiness except at sncli place or places as shall l)e designated by the chief of police, and no stand for such business, wdth- in the fire limits, shall exceed in size three feet wide by six feet long. §212. Penalty. (Sec. 35) Any i)erson violating any of the ])rovisions of this (4ia])ter shall be fined not less than ten dollars ($10) nor more than fifty dollars ($50) for each offense. |()rd. No. 713, Cha]). 4, passed June 18, IDOO.] ARTICLE 4. MERHY-GO-ROUNDS. §213. License Required. (Sec. 52) No ])erson 152 sliall (‘oiidiiet or operate a merry-<>o-roimd or similar device witliiii this city, without first liaviiii>' ol)taiued a license tlierefor, as Jiei*eiuafter provided. §214. Application. Amount per Month. Not Required When. (Hec. 53) Any person desiring any sncli license sliall file with the clerk an application in writing, designating the place where such merry-go- ronnd is to be operated, which application shall be jiresented to the council at its first meeting there- after for action thereon. 8nch application shall be accompanied by the written consent of a majority of the residents or })roperty holders in the block where the merry-go-ronnd is to be operated, and the council may authorize the issuance of such license to the ap- plicant therefor. For such license, there shall be paid into the treasury, the sum of twenty-five dollars ($25) for each month or part thereof; provided, that the council may permit any local organization to operate a merry-go-round at any public fete given by it, without any license fee therefor. §215. Penalty.. (8ec. 54) x\ny person violating any of the provisions of this chapter shall be fined not to exceed one hundred and fifty dollars ($150) for each offense. [Ord. No. 713, Chap. 7, passed June 18, 1906.] ARTICLE 5. PFdlDLFRS AND SOLICITORS. §216. License Required. (Sec. 55) No person shall canvass or solicit orders or peddle or sell any goods, wares or merchandise or other thing, then in 153 Ills possession, within ttiis (hty, elsewhere tlian at his own })la(‘(‘ of hnsiness, ex(*e])t as in this eha])ter set forth, without first havini>‘ obtained a license therefor as hereinafter ])rovided. §217. Application. Fee. (Sec. 5(5) Any person desirini>- su(‘h license shall ap})ly therefor to the clerk. r])on so doing-, and the payment into the treasury of the license fee as herein provided, the clerk may issue such license to such applicant. The fee for such license shall he: For each person canvassing- or soliciting- orders, ten dollars ($10) for each month or part thereof; for each })erson on foot peddling- or sell- ing goods, then in his possession, ten dollars ($10) for each month or part thereof; for each person peddling or selling goods, then in his possession, from any con- veyance drawn by one or more horses, or other motive power, fifteen dollars ($15) for each month or part thereof; for each person soliciting- orders for the copying or enlarging of pictures, except the same shall l)e the ])i*oduct of some local place of business and the work done within the city, fifteen dollars ($15) foi* each month or ])art thereof. §218. Not Applicable to Food, Etc. (Sec. 57) The provisions of this chapter shall not apply to the sale of food stuffs or to any person selling or offering for sale any article of his own manufacture, or to any farmer selling or offering for sale the produce of his own farm, or to the sale of hooks, pa])ers or school su])plies. §219. Penalty. (Sec. 58) Any ])erson violating auy of the ])rovisions of this clui])ter shall he lined not to ex(*eed one hundred dollars ($100) for each offense. I Ord. No. 715, Cha]). 8, ])assed dune 18, lOOh.J 154 ARTICLE 6. T 1 NS [ENT I )p] A 1 T: RS. §220. License Required. “Transient Dealer” Defined. (Sec. 59) No })ersoii shall engage in the busi- ness of a transient dealer in this city without first having obtained a license therefor, as hereinafter provided. The term “transient dealer” for the pur- poses of this chapter, shall mean and include any per- son, either princij3al or agent, who brings goods, wares and merchandise into this city and opens a temporary place or store for the exhibition or sale thereof, and who shall not have paid a tax thereon within this county. The provisions of this chapter shall not apply to commercial travelers or agents selling to merchants in the usual course of business, nor to the sale of goods, wares or merchandise in original packages from other states, as permitted by law, nor to the sale of books, papers or school sup- plies, garden truck or farm produce. §221. Application. Fee. (Sec. 60) Any person desiring such license shall make application in writ- ing therefor to the clerk. Snch application shall state the name of the applicant, the kind of goods, wares or merchandise desired to he sold, the time for which such license is desired and the location of the place of business. Upon so doing and the pay- ment into the treasury of a license fee of $10 for each day, such store or place is to be kept open, not ex- ceeding ten days, and the sum of $5 for each day said store or place is to be ke])t open after ten days, the clerk may issue a license to such applicant for such business at such location. §222. Penalty. (Sec. 61) Any person violating any of the provisions of this chapter shall be fined not more than three hundred dollars ($300) for each 155 ofTeiise. 190().| [Ord. No. 713, Chap. 9, passed dune 18, ARTICLE 7. CLAIR\^OYANTS, PALMISTS, ASTROLOGERS. §223. License Required. (Sec. 62) No x^erson shall practice or exercise the vocation or calling of clairvoyancy, palmistry, mesmerism, fortune-telling, astrology or readings, sittings or exhibitions of a like character, within this city, and for which a fee or charge is made, without first having obtained a license so to do as hereinafter provided. §224. Application. License Fee. Location. (Sec. 63) Any ])erson desiring such license shall ap- ])ly to the clerk therefor. Upon so doing and the ])ayment into the treasury of a license fee of $50 for each six months or part thereof, for which such license is desired, the clerk may issue such license to such applicant for such time. The license shall designate the street and number where such calling or vocation is to he exercised and the mayor may, by writing endorsed upon such license, author- ize a change to some other place particularly desig- nated in such written indorsement. Such change, however, shall not be o])erative until such license is ])i*esented to the clerk and the change entered upon his books. §225. Penalty. (Sec. 64) Any ])erson violating any of the ])rovisions of this cha])ter shall be fined not to ex(‘eed two hundred dollars ($200) for each offense. |()rd. No. 713, Cha]). 10, ])assed elune 18, 1906.1 •5d ARTICLE 8. P>ILLIAR1) AND POOL TABLES, BOWLIN(i ALLEYS AND SHOOTING GALI.ERIES. §226. License Required. (Sec. 65) No person shall kee]), for gain or profit, any billiard table, pool table, bagatelle or pigeon hole table, bowling alley or shooting gallery, within this city, without first hav- ing obtained a license therefor as hereinafter in'o- vided. §227. Application to Mayor. Term, One Year. Fees. (Sec. 66) Any person desiring such license shall apply therefor to the mayor. Upon so doing, and the payment into the treasury of the license fee herein provided, the mayor may grant such license to such applicant and such license shall, unless soon- er suspended or revoked, continue in force for one year from the date of its issue. The fee for such license shall he: 'For one hilliard table or pool table, ten dollars ($10), for each additional billiard or pool table, five dollars ($5) and for each movable or me- chanical device used in shooting galleries, such sum as shall he fixed by the mayor. For each alley, five dollars ($5). §228. Persons Under Eighteen Excluded. Hours Closed. (Sec. 67) No person licensed under this chapter shall permit or allow any person under the age of eighteen years to play on any table, alley or to shoot in any gallery, or to be or remain in any room or place where such tables, alleys or galleries are kept, except while such person, under the age of eighteen years, shall be accompanied by his parent or guardian; nor shall keep such room or place open or permit any person to play or shoot therein, be- tween the hours of 12 o’clock midnight and 6 o’clock a. m., or on Sunday. 157 §229. Penalty. (Sec. G8) Any person violating any of the provisions of this chapter shall be fined not to exceed one hnndred dollars ($100) for each offense. fOrd. No. 713, Chap. 11, passed June 18, 1900.] ARTICLE 9. LI\’'ERY AND BOARDING STABLES. §230. License Required. “Livery Stable “ De- fined. (Sec. 69) No ])erson shall operate, conduct or maintain a livery stable within this city without first having obtained a license therefor, as herein- after provided and without conforming to the exist- ing ordinances of this city. The term “livery stal)le” for ' the purpose of this chapter, shall be held to mean and include any place where horses, carriages, automobiles or other vehicles, except cycles, are kept for hire or boarding. [Ord. No. 713, passed June 18, 1906.] §231. Application. License Fee. Term. (Sec. 70) Any person desiring such license shall apply to the city council therefor. Such application shall be in writing and shall set out the name of the appli- cant, the location of the stable, whether horses and vehicles are to be ke])t for hire alone, for boarding- alone, or for hire and boarding and if for a stable where horses and vehicles are kept for hire, the number of vehicles proposed to be kept. Upon so doing and the payment into the treasury of the license fee herein provided, the city council shall grant a license to such applicant for such business at such location, and such license, unless sooner sus- ])eiided or revoked, shall continue in force until the 158 28tli day of February after the issue thereof. The fee for such license shall be: For each stable where saddle horses only are kept for hire, twenty-five dol- lars ($25); for each stable where horses are kept for boarding only, twenty-five dollars ($25); for each stable where not more than twenty-five vehicles are kept for hire, fifty dollars ($50) ; for each stable where more than twenty-five and not more than fifty vehicles are kept for hire, seventy-five dollars ($75) ; for each stable where more than fifty and not more than seventy-five vehicles are kept for hire, one hundred dollars ($100); for each stable where more than seventy-five and not more than one hundred vehicles are kept for hire, one hundred and twenty- five dollars ($125) ; for each stable where more than one hundred and not more than one hundred and fift}" vehicles are kept for hire, one hundred and fifty dollars ($150) ; for each stable where more than one hundred and fifty vehicles are kept for hire, two hundred dollars ($200) ; [Ord. No. 713, passed June 18, 1906, as amended by Ord. No. 754, passed June 1, 1908.] §232. Penalty. (Sec. 71) Any person violating any of the provisions of this chapter shall be fined not to exceed two hundred dollars ($200) for each offense.. [Ord. No. 713, Chap. 12, passed June 18, 1906.] ARTICLE 10. STREET VENDORS. §233. License Required. (Sec. 75) No person shall be permitted to occupy any part of the streets, 159 alloys or parks ol“ tliis (aty for a stand, either mova- ble or immovable, for carrying on any trade, occupa- tion or business, without first obtaining a license so to do, as hereinafter ])rovided, exce])t such stands as are otherwise specibcally l)y ordinance provided for. §234. License Fee. When Not Required. (Sec. 7(i) x\ny person desiring such license shall apply to the mayor therefor. Upon so doing and the pay- ment into the treasury of a license fee as herein pro- vided, the mayor may grant such license to such person. The fee for such license shall he: For each stand, movable or immovable, thirty dollars ($30) for each month or part thereof; for each street fakir or person engaged in a similar vocation, ten dollars ($10) for each day or part thereof, provided, that such permit may be granted by the mayor for such stands in or upon any of the streets, alleys or parks outside of the fire limits, without the payment of a license fee therefor. Provided further, that per- mit may he granted by the mayor for such stands, for sale of newspapers or periodicals only, at such idace upon any street, alley or public place as may be designated in the permit, without the payment of a license fee therefor. [Ord. No. 713, passed June 18, 1906, as amended by Ord. No. 715, passed July 23, 1906.] §235. Penalty. (Sec. 77) Any person violating any of the provisions of this chapter shall be fined not to exceed one hundred dollars for each offense. [Ord. No. 713, Chap. 14, passed June 18, 1906.] ARTICLE 11. JUNK DEALERS. §236. License Required. (Sec. 78) No person i6o shall (*aiTV on the business of jnnk dealer or junk peddler or ('ol lector, nor draw or drive or i)rociire to he drawn or driven through the streets and alleys of this (hty, any wagon, cart or other vehicle for the purpose of collecting or disposing of junk, without hist obtaining a license therefor, as hereinafter ])ro- vided. [Ord. No. 718, passed June 18, 1906, as amended liy Ord. No. 71-t, passed July 23, 1906.] §237. Application. Consent of Property Owner. License Fees. Term. (Sec. 79) Any person desiring such license sliall make application therefor to the clerk. Such application shall be in writing and shall set forth the full name of the applicant and the location at which said business is to be carried on, together with the consent in writing of the owner of said property and the owners of all adjoining property, and he shall tile with the clerk, a bond in the penal sum of one thousand dollars ($1,000) with such sureties as shall be approved by the council, conditioned that the principal named therein will observe all ordinances and police regulatidns of the city. Such application, consent and bond shall be submitted to the council and in case the council shall approve of such applicant and location, it may grant such license. For such license there shall be paid into the treasury, one hundred dollars ($100). Pro- vided, that licenses may be issued to junk peddlers or collectors upon their filing a bond in the penal sum of two hundred dollars ($200) with such sureties as may be approved by the city council, and by paying into the treasury ten dollars ($10) for each wagon engaged in collecting junk, which wagon shall have a license tag and number attached to the right side thereof. Unless sooner suspended or re- voked all licenses issued under this chapter shall continue in force one year from the issue thereof, and no such license shall be assigned or transferred. i6i No licensed junk dealer shall use more than one wai>on for the collection of junk without taking out a license for each additional wagon and paying therefor the license fee provided herein for junk peddlers and collectors. [Ord. No. 713, passed June 38, 390G, as amended by Ord. No. 71-3, passed Oct. 21, 3907.] §238. Dealer IVIust Keep Record Book. (Sec. 80) Every junk dealer licensed under this chapter shall keep a book in which shall be fairly written in ink, on the day of each purchase or sale, an accurate account or description, in the English language, of the goods, article or other thing except rags and bottles, purchased or sold, where, and from or to whom purchased or sold, the amount of money paid or received therefor and the time of the purchase or sale, which book, as well as the article purchased, shall at all reasonable times be open to the inspec- tion of any member of the police department. Even^ person licensed as a junk peddler or collector shall keep such record or memorandum as will enable him to locate the person from whom he purchased every article of junk except rags and bottles. §239. Regulations. Buying. Selling. Stolen Property. (8ec. 81) No person licensed under this chapter, shall sell or remove from his place of busi- ness, any article purchased by him until the same shall have been in his possession at least seventy-two hours; nor shall he purchase or receive any thing from any minor, without the written consent of his parent or guardian, from any person who is at the time intoxicated or from an habitual drunkard or from any person known by him to be a thief or an associate of thieves or a receiver of stolen property. Provided, that junk peddlers or collectors may sell to a regular licensed junk dealer any and all junk at any time after its purchase, provided further, that if any junk peddler or collector shall keep any 162 junk, exce})t rags and bottles, in liis possession more than twenty-four hours he shall keep a record as recpiired of junk dealers in section 80. §240. Penalty. (Sec. 82) Any person violating any of the provisions of this chapter shall be fined not to exceed two hundred dollars ($200) per each offense. [Ord. No. 713, Chap. 15, passed June 18, 1906, as amended by Ord. No. 714, passed eluly 25, 1906, and Ord. No. 741, passed Oct. 21, 1907.] ARTICLE 12. EMPLOYMENT AND INTELLIGENCE OFFICES. §241. License Required. Penalty. (Sec. 83) It shall be unlawful for any person to open or estab- lish in this city, any intelligence or employment of- fice for the purpose of procuring or obtaining for money or other valuable consideration, either directly or indirectly, any work, employment or occupation for persons seeking the same, or to otherwise engage in the business, or to in any way act as a broker be- tween employer and persons seeking work, without first having obtained a license so to do, from the city. Any person violating any of the provisions of this section, shall, upon conviction thereof, for each and every offense, be subject to a fine not to exceed one hundred dollars ($100). « §242. Application to Council. Deposit License Fee. (Sec. 84) Any person applying for a Imense under the provisions of this chapter, shall make ap- plication to the city council through the city clerk for the same, and shall deposit with the city treas urer in advance, the annual fee for such license to be 163 (‘vidoiK'e by the reeei])! of the city treasurer en- dorsed 111)011 said api)Ucatioii. §243. License Fee. Bond. Transfer of License. (Se(‘. 85) Any ])ersoii licensed under the provisions of this chapter shall ])ay an annual license fee of twenty-five dollars ($25) in advance and before such license shall be issued, and shall deposit with the (‘ity treasurer, a bond in the penal sum of two thousand dollars ($2,000) with two or more sureties to be ap])i*oved by the city council; such bond shall be made ])ayable to the city and shall be conditioned that the ])erson applying- for. the license shall com}>ly with the 'Statute in such case made and with this ordinance and shall })ay all damages occasioned to any i)erson by reason of any misstatement, misrep- resentation or fraud or deceit of any such licensee, his agent or employe, in carrying on the business for which he is licensed. If at any time, in the opinion of the mayor and the city treasurer, the sureties on said bond or any of them, should become irresponsible, the person holding such license, upon notice from the city treasurer, shall give a new bond to be approved as hereinbefore provided. Failure to give a new bond within ten days after such notice, shall operate as a revocation of such license and the license shall immediately be returned to the city treasurer, who shall destroy the same. Licenses granted under this cha])ter may be transferred by order of the city council, but before such transfer shall be authorized, the applicant for the same shall deposit with the city treasurer, the sum of five dol- lars ($5) which shall be indorsed on the application and the person to whom such license is transferred shall also deposit such a bond as is required of an applicant for an original license as hereinbefore described, and to be approved in the same manner. §244. Treasurer Issue Certificate. To be Ex- 164 posed to View. Regulations. (Sec. 86) Upon the granting of a license by the city council under tliis chapter, the city treasurer shall issue to the licensee, a certificate setting* forth the fact that such a license has been granted and it shall be the duty of the per- son receiving such certificate, to keep the same pub- licly exposed to view in a conspicuous place in his office or place of business. Every person paying a fee for employment shall receive a receipt for the same which receipt shall state in plain terms, the agreement between the intelligence or employment agent or broker and the person paying such fee, and if the terms of the said agreement are not fulfilled, the said fee shall be forthwith returned to the person who paid the same. §245. Employment Fees. Limit of Amount. (Sec. 87) It shall be unlawful fpr any person having- first obtained a license from the city as hereinbefore stated, either by himself or his agents, runner or employe, whether acting with or without compensa- tion, engaged in the business of an employment or intelligence agent or l)roker, to charge any person applying for work as a day laborer, mechanic, arti- san or household or domestic servant, a fee for his services of more than five (5) per cent, on one month’s wages and board. The limitation imposed l)y this section shall not apply in any manner to any person engaged in the business of procuring em- Xfioyment for any other class or classes of persons than those s])ecifically enumerated above. §246. Sending Females to Immoral Place. Penalty. (Sec. 88) Any ]:»erson as aforesaid keeping an intelligence or employment office who shall send out any female to any place of bad repute, house of ill-fame or assignation house, or to any house or place of amusement kept for immoral purposes, shall he lined not less than one Jinndred dollars ($100) noi* more than three hundred dollars ($300) and on eonvietion thereof in any court, shall have his li- cense rescinded. §247. Sending Help Without Order of Em- ployer. Penalty. (Sec. 89) Any person acting under a license as hereinbefore provided, who shall send out any help, male or female, without having pre- viously obtained a written l)ona fida order with ])roper reference of two responsible persons, shall be subject to the same penalties as are provided in the last preceeding section. §248. Division of Fees with Employer, Etc. Penalty. (Sec. 90) Any person acting under a li- cense issued under this chapter, keeping an intelli- gence or employment office, sending out help to contractors or other employers of help and dividing the office fees with sub-contractors and employers or their foreman, or any one in their employ, shall, u|)on conviction thereof, have his license at once forfeited and be subject to a tine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300). §249. Register of Orders from Employers, and Applicants for Employment. (Sec. 91) Every per- son duly licensed under this chapter shall enter on a register to be kept for that purpose, every order re- ceived from any person desiring the services of any person seeking work or employment, the name and address of the person from whom such order was received, the number of persons wanted, the nature of the work or employment, the town or city, street and number, if any, where such work or enpdoyment is to be furnished, the wages to be paid, and a correct record of the names of all ])ersons who have been i66 sent and the time of sendiiii>‘ sndi ])ersons to pro- cure work or eni])loyment on such ordei’. No order for help shall he considered a bona lide order unless the same he entered u])on the register as lierein pro- vided. There shall also he entered upon said register, the name of all applicants depositing a fee for the purpose of registering their names with the view of obtaining work or employment and the nature of the work or employment wanted. The said register shall be open at all reasonable hours to the inspection of any officer of this city. §250. False Representatives. Failure to Keep Register, etc. Penalty. (Sec. 92) If any person act- ing under a license issued under this chapter, either by himself or his agent or employe, engaged in the business of employment or intelligence agent or broker, shall give any false information, or shall make any misstatement, or shall make any false promises, concerning any work or employment or occupation, or shall fail to keep such a register as is described in the preceding section of this ordinance, or shall make any false entries in such register, or shall violate any other of the provisions of this chapter for which violation j)enalties are not herein- before provided, such person shall, upon conviction thereof, for each and every offense, be lined in any sum not exceeding two hundred dollars ($200) and the license held by such person shall forthwith be forfeited. §251. Charitable Associations. License Not Re- quired. (Sec. 93) Nothing herein shall be con- strued so as to require any religious or charitable association which may assist in ])rocuring situations or employment for ])ersons seeking the same, to ob- tain a license so to do under the })rovisions of this ordinance, provided, it receives no fees whatever for its service. 167 §252. Penalty, When Not Otherwise Provided. 94) Any person violating any of the provisions of this eliapter, the penalty for which is not specifi- cally hereinbefore provided, shall upon conviction thereof, for each and every offense, he fined not ex- ceeding one hundred dollars ($100). [Ord. No. 713, Chap. 10, passed June 18, 1906.] ARTICLE 13. CIRCUSES, MENAGERIES AND SHOWS. §253. License Required. Application. Permit. License Fee. (Sec. 98) No person shall present, pro- duce, conduct or carry on any exhibition or per- formance of any circus, menagerie or show or any exhibition of monsters of freaks of nature, within this city, without first having obtained a license therefor. Any person desiring such license, shall file with the clerk, an application therefor in writing, setting out the full name of the applicant, the number of railroad cars used in transporting and conveying such circus, menagerie or show and the location of the place where the same is to be given. Upon so do- ing and the payment to the treasurer of the fee as herein provided, the clerk may issue a license for such exhibition or ])erformance at such location. With such license there shall l)e delivered to such a])- plicant, a ])ermit, signed by the mayor, designating over and u])on what streets and avenues of the city the wagons and equipinent of such circus, menagerie or show shall be driven, and such a]pfiicant shall use only such streets and avenues for such ]uir])oses as therein designated. Tlu' license fee to be (Oiarged for siuOi exhibitions or performances is as follows: For each day or part thereof where tlie circus or the circus and menai>‘erie combined, with all its pro])erty, equip- ment and supplies of every kind, uses for its trans- ])ortation not to exceed five railroad cars, twenty-five dollars ($ 25 ); more than five and not to exceed ten railroad cars, fifty dollars ($ 50 ); more than ten and not to exceed twenty-five railroad cars, one hundred dollars ($100) ; more than twenty-five and not to ex- ceed forty railroad cars, two hundred dollars ($200) ; more than forty railroad cars, five hundred dollars ($ 500 ). For museums or like exhibitions, where cur- iosities or monsters or freaks of nature are exhib- ited and an admission fee is charged, two dollars ($ 2 ) for each day or part thereof. For exhibitions or performances of all shows not hereinabove pro- vided for, such license fee as shall be fixed by the mayor. §254. Penalty. (Sec. 99 ) Any person violating any of the provisions of this chapter shall be lined not less than fifty dollars ($ 50 ) nor more than three hundred dollars ($ 300 ) for each offense. [Ord. No. 713 , Chap. 18 , passed June 18 , 1906 .] ARTICLE 14. GENERAL PRO\GSIONS. §255. Transfer of License. (Sec. 100) Licenses may be transferred unless by ordinance especially prohibited, upon the approval of the mayor and clerk and the registration of such transfer in the license record. §256. Rules of Construction. (Sec. 101) In the 169 (‘oiistnu'tion of ])lirases and terms used in this or- dinance, llie followin';- rules shall he observed unless such construction is excluded hy express ])ro vision of other ordinan(*es or is inconsistent with the intent of the coun(‘il or repug-nant to the context of this .or- dinau(‘e, said rules are more particularly set forth as follows: 1. All general provisions, terms, phrases and expressions shall he liberally constructed [con- strued] in order that the true meaning and intent of the council may he carried out. ' 2 . Words in the present tense may include the future. 3. AVords importing the singular number may extend and he applied to several persons and things, and words ini])orting the plural number may include the singular number. 4. AVords importing the masculine gender may be ap])lied to females. 5. The words “person or persons” as well as all words referring to or importing “persons” may extend and he ap])lied to bodies politic and corporate as well as individuals. [Ord. No. 713, (4iap. 19, passed June 18, 1906. ARTICLE 15. OK SECOND-HAND STORES. §257. License Required. (Sec. 1) No person shall engage in the business of keeping a second-hand 70 store or a ])laee for l)iiyin^‘ or selling seeond-liaiid goods, without first obtaining a license therefor, as hereinafter jn-ovided. §258. License Fees. (Sec. 2) Any person desir- ing such license shall apply to the clerk therefor. l'])on so doing and the payment into the treasury of a license fee of five dollars ($5) the clerk may issue such license to such applicant, and the same shall, unless sooner suspended or revoked, continue in force for one year from the issue thereof. §259. License to Keep One Place Only. (Sec. 3) No person licensed under this chapter, shall, by virtue of such license, keep more than one house, shop or place for buying, receiving or selling second- hand goods. This section shall not apply to a place used only for storage purposes. §260. Licensee Keep Record Book. (Sec. 4) Every person licensed under this ordinance shall pur- chase and keep a book in the form prescribed by the chief of police, in which shall be fairly written in ink, at the time of each purchase, an accurate description, in the English language, of the goods, article or thing ]:>urchased, the time of the receipt of the same, the name, residence and description of the person selling the same, which book, as well as the article pur- chased, shall at all reasonable times be open to the inspection of any member of the police department. §261. Licensee Shall Keep Goods Ten Days. (Sec. 5) No person licensed under this chapter shall sell or remove from his place of business, any such second-hand goods, article or thing purchased by him as aforesaid, until the same shall have been in his possession at least ten days, provided, that this shall not apply to furniture or household goods. §262. Persons From Whom Goods Shall Not Be 171 Purchased. (Sec. (5) No })ersou licensed under this (‘liapter sliall ])urchase any second-hand goods, article or tiling, from any person under twenty-one (21 ) years of age or from any ])erson wiio at the time is intoxicated, or from an habitual drunkard, or from any ])erson known by him to be a thief or an associate of thieves or a receiver of stolen property, or from any person whom he has reason to suspect of being, such. §263. Chief of Police Make Rules. (Sec. 7) The chief of police shall have authority to make such rules and regulations as shall be necessary to enforce the provisions of this ordinance, and all persons licensed under this ordinance shall observe said rules or regu- lations as fully as if the same were set out in this or- dinance. §264. Penalty. (Sec. 8) Any person violating any of the provisions of this chapter shall be fined not to exceed one hundred dollars ($100) for each of- fense.. [Ord. No. 830, passed Mar. 17, 1911.] ARTICLE 16. OF PAWNBROKERS. §265. License Required. (Sec. 1) It shall be un- lawful for any person to do business as a pawnbroker within the corporate limits of the city of Colorado Springs, without first having obtained a license as hereinafter provided. Any person loaning money on ])ersonal property and charging as much as the max- imum rate of interest hereinafter provided shall be deemed a pawnbroker, and all purchases of personal 72 property by ])awnl)rokei‘8 in the course of their busi- ness, with ai>'reenient, express or implied, to resell the same, shall, prinia facie, be deemed loans under the meaning of this ordinance. §266. Bond. (Sec. 2) The clerk may from time to time, as the council may direct, grant a license to such person as shall produce to them, satisfactory evidence of his good character, to exercise or carry on the business of pawnbroker, and shall enter into bond to the city of Colorado Springs, with two or more sufficient sureties in the penal sum of two thousand dollars ($2,000), to be approved by the mayor, conditioned for the due observance of all or- dinances and regulations of the chief of police and municipal authorities as may be passed, or enforced, regarding pawnbrokers, at any time during the con- tinuance of such license and for the safe keeping and return of all articles held in pawn by such pawn- broker in accordance with the provisions of this or- dinance. §267. License Fee. (Sec. 3) Every person re- ceiving a license as a pawnbroker, and who shall en- gage in the pawnbroker’s business or any kind of business mentfoned and coming under the provisions of this ordinance, shall pay into the treasury the sum of fifty dollars ($50) per annum, which said license tax shall be payable in advance, provided, that all licenses issued under the provisions of this ordinance shall expire on the 31st day of December of the year the same was issued, and provided, further, that any license issued under the provisions of this ordinance at any time after the first day of January of any year, shall be fifty dollars ($50) from the date of issue until the 31st day of December of the year the same is issued, and provided, further, that said license shall specify the amount of capital proposed by the li- 173 ceiisee to he used in, and the place, street and number where the same is to he carried on. [Ord. No. 835, passed Mar. 17, 3911.] §268. Pawnbroker Shall Keep a Record Book. (Sec. -t) Nvery ])erson who shall be engaged in the business of a pawnbroker, as in this ordinance de- fined, shall ])urchase and keep a book in which shall be fairly written in ink, at the time of each loan or ])urchase, an accurate account and description, in the English .language, of the goods, articles or things pawned, l)ought or ])urchased, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan, and the name, description and residence of the person pawning or ])1 edging said goods, articles or things, which book shall be well bound and shall be ruled in blank in the form prescribed by statute, and there shall be an alphabetical index of the names of the pledgers, which book shall at all times be open to the inspection of the mayor, chief of police, captain of police, the ])olice magistrate, or any or either of them, or any ])erson who shall be duly authorized in writing by the mayor or chief of police, and who shall exhibit such written authority to the pawnbroker.^ §269. Penalty for False Entries. (Sec. 5) Any ])erson, either by himself or his clerk or employe, who shall make a false entry as to the amount loaned u])on or paid for, or shall make a false entry as to description of xn' 0 |)erty in the book to be kept by him, or shall make a false report to the chief of X)olice as to the amount or descri|)tion of the goods ])awned or purchased, shall be liable to the penalties imposed in this ordinance. §270. Pawnbroker Shall Deliver Signed Mem- orandum. (Sec. ()) Every pawnbroker shall, at the time of each loan, deliver to the person pawning oi‘ 174 any goods, articles or things, a inemoran- dnni, or note signed by him, containing tlie sub- stance of tlie entry required to be made in liis book by the preceding section, and no cliarge shall be made or received by any pawnbroker for any such entry, memorandum or note. §271. Pawnbroker Shall Deliver Statement to Chief of Police. (Sec. 7) It shall be the duty of every pawnbroker to make out and deliver to the chief of police, every day before the hour of twelve o^clock, noon, a legible and correct statement, which said statement shall be provided by him but in such form as shall be approved by the chief of police, of all personal property or other valuable thing pur- chased during the preceding day, together with the time when purchased and a description of the person or persons from whom the same were purchased, and no pawnbroker shall sell' any article or goods pur- chased by him until after the expiration of ten days from' said purchase, provided, that no such person shall be required not to sell, or to furnish such de- scription of any property purchased from a private residence, manufacturers, or wholesale dealers hav- ing an established place of business, or of goods purchased at open sale from any bankrupt stock or from any other person doing business and haying an established place of business in the city; but such goods must be accompanied by a bill of sale or other evidence of open or legitimate purchase, which much be shown to the chief of police or any other member of the police force when demanded. §272. Pawnbroker Not To Charge Interest in Excess of Three Per Cent. Per Month. (Sec. 8) No pawnbroker shall ask, demand or receive any greater rate of interest, commission or compensation, and the same shall be compted upon the amount of money 175 ariluilly advanced, tliaii at tlie rate of tliree ])er cent, (d per ('ent.) ])er month, or a fractional ])art of a inontli on any loans ]>y him. §273. Who Are Liable as Pawnbrokers. (Sec 9) All purchases of personal property by pawn])rokers, in the course of their l)usiness, with an agreement, ex])ressed or implied, to resell the same, shall, prinia facie, be considered loans within the meaning* of this ordinance, and any person loaning money on per- sonal property and charging as much as the maxi- mum rate of interest herein provided, shall be deemed a pawnbroker, and such person doing busi- ness without a license shall, on conviction, be fined in a Slim not exceeding three hundred dollars ($300). §274. Pawnbroker Shall Provide Safe Place for Keeping Pledges. (Sec. 10) Any pawnbroker li- censed and operating under the provisions of this ordinance, shall provide a safe place for the keeping of the pledges received by him, and shall have suf- ficient insurance on the property, held by him as pledges, for the benefit of the pledger of the prop- erty, to pay one-half (i/o) the real value thereof, in case of fire, which policy shall be deposited with the mayor, but neither the pawnbroker nor bondsmen shall be relieved from responsibility by reason of such fire, or from other cause. §275. From Whom Pledges Shall Not Be Re- ceived or Purchased, (Sec. 11) No pawnbroker, his clerk or employe, shall receive in pledge or purchase, any article or thing from any person under twenty- one (21) years; or from any person who at the time is intoxicated, or from any habitual drunkard, or from any person who is known by him to be a thief, or an associate of thieves, or a receiver of stolen property, or from any person Avhom he has reason to suspect as such. 176 §276. Chief of Police Make Rules. (Sec. 12) The chief of ])olice shall liave authority to make such rules and regulations as -shall he necessary to en- force the ])i*o visions of this ordinance, and all per- sons licensed under this ordinance shall observe said rules and regulations as fully as if the same were set out in this ordinance. §277. Penalty. (Sec. 13) Any person violating any of the provisions of this ordinance shall, on con- viction, be punished by a fine not to exceed one hun- dred dollars ($100) for each and every offense. [Ord. No. 885, passed Mar. 17, 1911.] ARTICLE 17. OF HUCKSTERS AND PEDDLERS OP FOOD- STUFFS. §278. Definition. License Required. Inspec- tion. Penalty. (Sec. 1) The peddling of foodstuffs under the terms of this ordinance shall be deemed to be the selling or offering for sale of foodstuffs from house to house or on public ways or places whether by crying wares, hawking or soliciting orders or oth- erwise, and shall include the selling or offering for sale from a cart, wagon or other vehicle or from bas- kets or containers taking [taken] from place to place within the city, other than delivery from regularly established business houses. Foodstuffs shall be deemed to be fruits, vegetables, meats, eggs, fowls, or any article that may be used for food purposes, except milk, cream and buttermilk. No person, firm or corporation shall peddle foodstuffs within the city 177 without first obtaining- a license therefor as herein- after provided, and without sul)initting all foodstuffs to the marketinaster for inspection and tagging be- fore offering them for sale, and complying fully with all rules and regulations of the health commission then in force. Any ])erson or persons who shall ped- dle any foodstuffs without first obtaining a license therefor as provided in this ordinance shall be fined not less than twenty-five dollars ($1^5) nor more than seventy-five dollars ($75) for each offense. §279. License Fee. Expiration. Rovocation. (Sec. 2) The license fee for peddling foodstuffs shall be sixty dollars ($60) per annum, or for any part of a year, payable at the time such license is procured, and the license shall be issued by the mayor and at- tested by the city clerk. All such licenses shall ex- pire on the 31st day of December next after the same was issued. The application for any such license, or for the transfer thereof, must have the approval of the marketinaster and health commissioner. The mayor may suspend, or the council revoke, the license of any person, firm, or corporation peddling- foodstuffs, who shall be convicted, in any court, of fraud or dishonest dealings, or of any violation of any part of this ordinance, or who shall persist- ently disobey the rules and regulations of the health commission. §280. Where Prohibited. (Sec. 3) No foodstuffs shall be peddled at any time within that portion of the city bounded by the center lines of the following named streets and avenues: Bijou street on the north, Nevada avenue on the east, Cucharras street on the south. Cascade avenue on the west. Not more than two persons shall be allowed to peddle food- stuffs from one wagon on one license and said person 178 or persons sliall confine their })ecldling: to the block in which the wagon is located. Any person violating any of the provisions of this section, shall be fined not less than five nor more than ten dollars for each of- fense. §281. Obstructing Street. Nuisance. Penalty. (Sec. 4) No peddler of foodstuffs shall stop in or near the middle of any street or avenue, or so as to obstruct the free travel thereon. No peddler of food- stuffs shall cry his goods or wares louder than a natural tone, or in any manner create a nuisance. Any person violating any of the provisions of this section shall be fined not less than five nor more than ten dollars for each offense. §282. Producer May Sell Without License. An- imals. Inspection. Penalty. (Sec. 5) Any person may without obtaining a license therefor sell from house to house food products grown or raised by him in the state of Colorado. Cattle, swine or sheep will be considered of a personas own raising when owned, kept and fed by said person at least 21 days before being slaughtered. Each such animal must, however, be inspected and approved for food, by the market- master or his assistant before being sold or offered for sale. Any person violating any of the provisions of this section shall be fined not less than ten dollars nor more than twenty dollars for each offense. §283. Peddling Stuffs Not Inspected. Penalty. (Sec. 6) Any person who shall peddle any foodstuffs that have not been inspected by the marketmaster or his assistant and properly tagged by him shall be fined five dollars for each offense, each sale so made shall constitute a separate offense under this article. [Ord. No. 703, passed Mar. 22, 1906.] 179 ARTICLE 18. OF SKATING RINKS. §284. License Required. (Sec. 1) No person shall ('ondiict any skating- rink within the city with- out first having o])tained a license therefor as herein })rovided. §285. Application. License Fee. One Year. (Sec. 2) x\ny person desiring- such license shall make ap- ])lication in writing to the clerk, setting- forth the full name of the applicant and the location of the place where it is proposed to conduct such skating rink. Upon so doing and the payment to the clerk of a license fee of twenty-five dollars for each year or part thereof, the clerk may issue a license to such applicant to conduct such skating rink at such loca- tion, and such license shall, unless sooner suspended or revoked, continue in force for one year from its issue. §286. Children Not Permitted. Hours. Police Rules. (Sec. 3) No person licensed under this ordi- nance shall permit or allow any person under the age of sixteen years to be or remain in any room, building or place where such skating rink is conducted, after the hour of 10 o’clock in the evening, except while such person under the age of sixteen years shall he accompanied by his or her parent or guardian; or shall continue to keep open any such skating rink between the hours of 12 o’clock midnight and 6 o’clock in the morning, or on Sunday, and all such skating rinks shall he subject to the police rules and regulations of this city. §287. Penalty. (Sec. 4) Any person violating any of the provisions of this ordinance shall be fined not less than ten nor more than one hundred dollars for each offense. [Ord. No. 731, passed Apr. 15, 1907.] i8o ARTICLE 19. OF PUBLIC DANCES AND DANCE HALLS. §288. Definition. (Sec. 1) The term ‘‘public dance,” as used in this ordinance, shall be held to mean any dance or ball to which admission can be had by payment of a fee, or by the purchase, posses- sion or presentation of a ticket or other token, or at which a charge is made for caring for clothing or other property, or any dance whatsoever to which the public generally may gain admission, either with or without payment. The term “public dance hall,” as used herein, shall be held to mean any room, hall, place, or space in which a public dance shall be held, or hall, acad- emy, or other place, in which classes in dancing are held and instruction in dancing given for compensa- tion, except as provided in section 2. §289. License Required for Dance Halls. (Sec. 2) It shall be unlawful to hold any public dance or to hold classes in dancing, or to give instruction in dancing for compensation, in any room, hall, or acad- emy, until the place in which the same may be held shall first have been duly licensed hereunder, pro- vided that no license shall be required where classes in dancing are, or where instruction in dancing is given at private residences. §290. Counsel Issues. License Fee. Term. (Sec. 3) All applications for a license shall be addressed to and all licenses shall be issued by the city council. The license fee shall be five dollars per year or fraction thereof, and all licenses shall expire on the first day of October of each year. §291. Inspection of Premises. Reports. (Sec. 4) No license shall issue until the commissioner of i8i ])ul)li(‘ safety sliall have personally visited and in- spected the premises for whicli the license is sought, and j)resented to the council his written report there- on, accompanied by written reports respectively from the chief of the tire department stating whether the premises conform to all the tire regulations of the city, and from the health officer stating whether the premises are properly ventilated, and supplied with sufficient toilet conveniences in good repair. §292. License Revocable. (Hec. 5) Any license may be forfeited or revoked, at any time, at the dis- cretion of the city council, without hearing, and with- out notice to the licensee, upon the return of the un- earned portion of the license fee. §293. Duties of Licensee. (Sec. 6) It shall be the duty of the licensee to keep his dance hall, and the entrances, lobbies, toilets and other rooms con- nected with his hall, at all times in a clean, healthful, sanitary condition, and to keep open and well lighted all entrances, halls, passages and rooms whatsoever, connected with his dance hall. §294. Public Dances. Permit Required. (Sec. 7) It shall be unlawful for any person, society, club, or corporation to hold a public dance without having first obtained a permit therefor from the mayor, not later than noon on the day of which the dance is to be held: §295. Dances. When Not Permitted. (Sec. 8) . All public dances shall be discontinued, and all pub- lic dance halls shall he closed by 12 o’clock m. on Saturdays, and by 12:30 a. in. on other days of the week; provided, however, that upon the a])plication of a bona fide and responsible organization or society, and after investigation and report by the dance hall 182 iiispector, the mayor may i>Taiit siieli or< 4 ,anizaiion or society a ])ermit to (*ontimie a dan(*e until 2 o’clock a. m., except on Saturday nig’lits. No dance shall be given on Sunday. §296. No Tickets After 11 P. M. (Sec. 9) No ticket shall be vSold or accepted for admission to ;iny public dance after the hour of 11 o’clock p. m. §297. Persons Under Eighteen. (Sec. 10) It shall be unlawful to permit any person to attend any public dance, who is not eighteen years of age, unless such person be accompanied by a parent or a natural guardian. The term ‘‘natural guardian,” as used in this ordinance, shall be held to mean a person over the age of twenty-five years in whose custody and charge the minor has been expressly placed by his or her parent or legal guardian. §298. Misrepresenting Age to Gain Admission. (Sec. 11) It shall be unlawful for any person to rep- resent himself or herself to be eighteen years of age, when such is not the fact, in order to obtain admis- sion to a ])ublic dance. §299. Falsely Representing Parent or Guardian. (Sec. 12) It shall be unlawful for any person to rep- resent himself or herself to be a parent or a natural guardian of any person in order that such per- son may obtain admision to a public dance, when the |:>erson making the representation is not the parent or the natural guardian of the other ]^erson. §300. Inspector of Dance Halls. Duties of. (Sec. 13) The mayor shall, upon the recommendation of the commissioner of public safety, appoint an in- spector of dance halls, whose duty it shall be to ex- amine all applications for dance hall licenses, to in- vestigate each application and to report thereon, with Ills or lier recommendation, to the council. Such in- s]^ector shall he permitted to visit all public dance halls at all times, shall investigate all complaints, and shall immediately report to the city council all violations of this ordinance, and shall from time to time also re])ort the conditions lie or she may find in any ])uhlic dance hall or at any public dance. AVhenever, in the opinion of the inspector, any conditions shall arise which may be dangerous to ])ublic morals, he or she shall immediately report the same to the council. §301. Dance Hall License. Application. (Sec. 14) -Any person desiring to obtain a license for a pub- lic dance hall shall use the following form of applica- tion : Ap})li cation for License for a Public Dance Hall. Colorado Springs, , 19 . . . To the City Council: The undersigned hereby makes application for a license permitting the use of the following described ]u*emises, to-wit: located at No , Street, for a public dance hall, and encloses five dollars ($5) as the license fee there- for. Name Address §302. Public Dances. Application for Permit. (Sec. 15) A person, society, club, or corporation de- siring to hold a public dance or series of public dances shall use the following form of a])plication therefor: 184 A|)pli(‘atioii to Hold a Public Dance. Colorado Spring’s, , 19. . . . The Mayor: Sir: The undersigned, on behalf of , hereby makes application for a permit to hold a public dance (or dances) at the licensed public dance hall at No Street, on the following date or dates, to-wit: In consideration of the issue of such permit, it is hereby expressly agreed that said dance or dances shall be conducted in strict accord with the ordi- nances of the city of Colorado Springs, and under the supervision and control of the dance hall inspector. The undersigned further agrees that he shall be held responsible for any violation of any ordinance regu- lating such public dance. The owner or lessee of the premises iu which such dance is to be held is , and his address is It is understood that this permit may be revoked at any time at the discretion of the mayor. Name Address The permit shall he as follows: Permit to Hold a Public Dance. Colorado Springs, , 19.... Iu accordance with the application made by under date of 19. . . ., peruiission is hereby granted to on behalf of to hold a public dance or series of dances at the licensed pub- lic dance hall at No Street, 185 on the t'()ll()wini>- dates, to-wit: This ])eriiiit may be re- voked at any time at tlie disei*etion of ttie mayor. Mayor. §303. Record of Applications for Permits. (Sec. lb) The mayor sliall cause to be kept a record of all applications for ])ermits to hold public dances and of all permits issued, and shall cause a copy of each l^ermit granted to be delivered forthwith to the dance hall inspector. §304. Drinking Prohibited. (Sec. 17) It shall be unlawful to drink or to permit to be drunk any distilled, spirituous, vinous, fermented, malt or other intoxicating licpiors in any public dance hall, or in any dressing room, toilet, hall, entrance, stairway, or in any other place whatsoever, connected with any public dance hall. §305. Licensee Post Copies. (Sec. 18) It shall be the duty of the licensee of each public dance hall to kee]:> cons])icuously and continuously posted cop- ies of sections 8, 9, 10, 11, 12 and 17 of this ordinance in the following ]daces: two copies in the main dance hall, one co])y in the entrance, and one co])y in each dressing room. §306. Inspector Make Rules. (Sec. 19) The dance hall inspector shall have authority to formu- late, subject to the ap|)roval of the council, further rules and regulations, not in conflict herewith, to carry out the true intent and spirit of this ordinance. §307. Private Residences, Schools, Clubs, Etc. (Sec. 20) The provisions of this ordinance shall in no way interfere with private parties at ])rivate resi- dences, or at ]nd)lic or ]>rivate schools, or with i86 dances given ])v societies, clubs or corporations, at the premises regularly occupied by them, when the attendance is restricted to the members thereof and to their invited guests. §308. Penalties. (Sec. 21) Any violation of the provisions of this ordinance shall subject the offend- er, upon conviction, to a tine of not less than five dollars ($5) nor more than one hundred dollars ($100). [Ord. No. 897, passed Feh. 26, 1913.] ARTICLE 20. OF AUCTIONEERS. §309. License Required. (Sec. 1) No person, firm or corporation, shall conduct or carry on the business of an auctioneer without first prociiring a license therefor from the city clerk. §310. Auctioneer Defined. (Sec. 2) Whoever shall sell or offer to sell any goods, wares, merchan- dise, produce, livestock, buggies, wagons or vehicles of any description, or any other personal property, or any, real estate or interest therein at any store, stand or other place in this city, by public outcry for his own gain or profit, or shall advertise or in any other way hold himself out as an auctioneer for pub- lic patronage, or shall receive fees as a commission for such services, is hereby defined to be an auction- eer. §311. Application. Bond. Fee for License. (Sec. 3) Any person desiring to obtain an auction- eer’s license shall apply to the city clerk and present 187 witli said application a corporate surety l)ond run- ning- to tlie city of Colorado Springs in the penal snni of one thousand dollars ($1,000), which bond shall he signed by one or more sureties, to be ap- proved by the mayor, and shall be conditioned for the faithful com])liance with the terms of this ordi- nance. The applicant shall pay a license fee of five dollars ($5) per day for each day for which said license is desired, but said bond may be conditioned to cover divers days, and in case a bond so properly conditioned is on file with said clerk, the applicant need not present a new bond each time a license is applied for. §312. Mayor Revoke. License. (Sec. 4) The mayor may revoke any such license for such reasons as be deems sufficient, whereupon be shall file a statement in writing with the city clerk setting forth the reasons therefor and no further license shall he issued to such licensee except upon the affirmative vote of the city council. §313. Record of Sales. (Sec. 5) Each person to whom an auctioneer’s license shall he granted shall keep a full, true and complete record of each sale made by him, which record shall contain the name of the article sold and the price for which it sold, and which record shall he subject to examina- tion by the chief of police or other peace officer of said city. §314. Misrepresentation. (Sec. 6) No person licensed under this ordinance shall misrepresent the value or character of any property offered for sale by him. §315. Delivery of Articles Sold. Police Surveil- ance. (Sec. 7) No person, firm or cor})oration, licensed under this ordinance shall himself or by an i88 ai>eiit, servant, clerk or employe, deliver or wrap ip) for delivery to a purchaser at an auction sale any other article than the article actually bid for and sold, and any police officer of this city shall have access to all parts of the premises where articles are heini>- sold or wrapped by such licensee. §316. License Not Assignable. (Sec. 8) No license granted under this ordinance shall he assign- able. §317. Not Applicable to Judicial or Mortgage Sales. (Sec. 9) This ordinance shall not apply to any officer or person selling property under and by virtue of any legal process or mortgage. §318. Penalty. (Sec. 11) Any person violating any of the provisions of this ordinance shall, on con- viction, be fined in any sum not more than three hun- dred dollars ($300) for each offense. [Ord. No. 925, passed Dec. 3, 1913.] ARTICLE 21. OF SOLICITORS FOR HOTELS, BOARDING AND ROOMING HOUSES AND RESTAURANTS. §319. Who May Solicit. Solicitor Defined. (Sec. 1) No person shall act as hotel solicitor, porter or runner in this city without first having obtained authority therefor, and without being the represent- ative of a duly licensed hotel, boarding or rooming house or restaurant keeper who has been licensed as hereinafter provided. The term hotel solicitor, porter or runner” shall include all solicitors of pat- ronage for any hotel, boarding or rooming house, 189 j-estmiraiit or any }ml)lie place wliere meals or lodg- ing ai'e fnrnislied or similar services are rendered; pi'ovided, that this section shall not he construed to ))i'ohil)it the owner, proprietor or manager of any hotel, hoarding or rooming house or restaurant in this city from soliciting patronage while such person is on the ])remises occupied by the hotel, boarding or rooming house or restaurant owned or managed by him. [Ord. No. 811, passed June 17, 1910, as amended by Ord. No. 816, passed July 13, 1910.] §320. License Applications. Penalty for False Statement. (Sec. 2) Any keeper of a hotel, boarding or rooming house, or restaurant or other similar public jJace, who wishes to employ a solicitor, run- ner or porter in this city, shall make apxJication to the city clerk for a license to have his place repre- sented by a solicitor, runner or porter. Such appli- cation shall state the name of the applicant, the loca- tion of the place for which the license is desired, and whether such place is a hotel, boarding or rooming house or restaurant; and it shall also state the name and give the address of each person who is to act as solicitor, runner or porter for such place. The application shall be accompanied by a bond to the city in the penal sum of five hundred dollars ($500) signed by one or more sureties. Any applicant who shall intentionally make any false statement in his application to the clerk for a license, shall, on conviction, be fined in any sum not exceeding one hundred dollars, and may have his license revoked by the court. §321. Council Grant or Refuse License. (Sec. 3) The clerk shall present to the council each appli- cation hied with him as hereinbefore provided and the council may grant or refuse to grant a license to the applicant and his solicitor or solicitors. 190 §322. License Fees. (8ec. 4) In all eases where the eouneil grants a license, and the mayor approves the bond, the clerk shall issue a license to the appli- cant upon the payment by him of the following fees, to-wit : Ten dollars where the owner, manager or pro- prietor of any hotel, boarding or rooming house, or restaurant, or other place is licensed and authorized personally to act as his own solicitor. Twenty-five dollars for each solicitor, runner or porter, other than the owner, manager or proprietor, who is authorized to solicit for the applicant’s place of business. [Ord. No. 811, passed June 17, 1910, as amended by Ord. No. 814, passed July 11, 1910.] §323. The License Shall Issue to Applicant. (Sec. 5) The license shall be issued to the 'applicant as licensee and authorize him to have as solicitor, porter or runner for his place the person or persons named in his application, subject to the provisions of this ordinance and the rules and regulations made by the chief of police for the purpose of carrying into effect the provisions of this ordinance. The solicitor, porter or runner named in such license, shall have authority to solicit business for the li- censee while in his employ, in accordance with the provisions of this ordinance and the rules and reg- ulations adopted' as herein provided, and not other- wise. §324. Licensee May Change Solicitors. (Sec. 6) Any person to whom a license is granted may have the authority revoked of any person named in his license as solicitor, runner or porter and have some other suitable person substituted as such solicitor, runner or porter, by paying one dollar to the city clerk and furnishing proof satisfactory to the clerk that the person authorized to solicit for -him is no 191 I()ni*t'r ill liis (‘iiiploy, and by filing- with the elerk an apphn-ation in writing giving the name of tlie person to he substituted in jilace of the one removed. Theren])on the (*Ierk shall liave authority to author- ize the person designated by the licensee to act for him as soli('itor, runner or porter unless such person has been dis([ua lifted by judgment in the ])olice court from acting as solicitor, runner or ])orter as herein- after provided. Any ])erson acting as a solicitor, runner or ])orter, after liis authority has been re- voked and before he has lieen reappointed by some licensee as herein provided, shall, on conviction, be fined in any sum not exceeding one hundred dollars. It shall be the duty of every licensee to immedi- ately notify the clerk and the chief of police of the removal of any solicitor, runner or porter in his em- ploy and every licensee shall be liable for a violation of any of the provisions of this ordinance by the solicitor, runner or porter named in his license, or his substitute, until he has so notified the clerk and (diief of police of said removal. §325. License Expires December 31. (Sec. 7) Every license granted under this ordinance shall, unless sooner suspended or revoked, expire on the 31st day of December, next after the issue thereof. §326. Badges. (Sec. 8) Every person licensed under this chapter shall receive from the clerk a badge, on which shall be inscribed his number and proper descriptive words, which badge shall be worn by the solicitor, runner or porter employed by him while engaged in his business, on the outside of his coat, or upon the hat or cap, conspicuously exposed so as not to be hidden either by design or accident. He shall pay therefor one dollar, and at the expira- tion of his license or upon ceasing to carry on the 192 business siieli licensee siiall return tlie same to the (‘lerk and receive the sum paid therefor. §327. Where Soliciting is Prohibited. (Sec. 9) No solicitor, runner or porter shall, while soliciting, enter u])on the ])latform of or into any railroad depot nor shall such a person while soliciting at any depot approacli nearer to said depot than shall he desig- nated by the chief of police, who shall establish a line or place where solicitors shall stand, and it shall be unlawful for any solicitor while soliciting in the vicinity of said depot to stand at any other place than that designated by the chief of police for solic- itors. §328. Regulations Governing Solicitors. (Sec. 10) Every person acting as a solicitor, runner or porter in this city shall observe the following regu- * lations in addition to the other provisions of this or- dinance and the police regulations of the city: Only one solicitor shall address, speak to or solicit trade of a person at a time. No solicitor shall interrupt or in any manner interfere with or impede the progress of any person whose patronage he is soliciting. No solicitor shall touch the person or baggage of any person whose patronage is solicited without being requested to do so by such person. No solicitor shall follow any person whose pat- ronage is solicited for the purpose of continuing or renewing his solicitations. Solicitors shall not gather or congregate in groups about or near any person whose patronage is desired, but all solicitors when at or near the depots shall line up in single file along a line to be 193 designated by the police authorities, and shall re- main along said line while passengers are entering or departing from the depot at the time of the ar- rival of trains. The solicitor who first arrives at the depot shall he entitled to stand at the head of such line, and the next to arrive shall be entitled to the next place, and each subsequent arrival shall take his place in the order in which he arrives at the depot. When any solicitor leaves the line for any cause he shall lose his place in said line and those below him shall move up in the order in which they are standing, and the solicitor who lost his place by leaving the same shall, upon his return, take his place at the foot of said line. No solicitor shall call out in a loud voice the name of the place he represents, or talk in a loud manner, or make any unusual noise, or in any man- ner vex, harrass or annoy any person. No solicitor shall solicit patronage of any person when such person is on the sidewalk in front of any hotel, boarding or rooming house, or restaurant or other similar place owned or kept by some person other than the one employing said solicitor. No solicitor shall make any false statement to any one whose patronage he is soliciting. No solicitor shall in any manner solicit patron- age of any kind for any person, firm or corporation other than the one which employs him as solicitor. No solicitor shall be guilty of any uncivil, bois- terous, or unseemly conduct while in attendance at any of the depots, or while soliciting patronage for his employer. §329. Chief of Police Make Regulations. (Sec. 11) The chief of police is hereby authorized to make T94 such rules and regulations as may be necessary to fully carry into effect the provisions of this ordi- nance. §330. Definition of Terms. (Sec. 12) Whenever the word ‘^solicitor” is used in this ordinance it shall be construed to apply to runner or porter as well. as solicitor. Whenever the word ‘ ‘ person ’ ^ is used it shall be construed to mean person, firm or corporation. §331. Penalty. (Sec. 13) Any person violating any of the provisions of this ordinance for which no other penalty has been provided herein, shall, on conviction, be fined in any sum not exceeding three hundred dollars, and in addition to any fine assessed the court shall have authority to revoke both or either the license of the person convicted, and the authority of any solicitor, runner or porter to act under any license. Both or either the licensee and his solicitor, runner or porter, may be punished as hereinbefore provided for any violation of the provisions of this ordinance. [Ord. No. 811, passed June 17, 1910.] ARTICLE 22. OF BUSINESS SOLICITORS. §332. Who May Solicit. Solicitor Defined. (Sec. 1) No person shall act as a business solicitor on the streets, avenues or alleys of the city or on the public parks, grounds or boulevards owned by the city, without first having obtained authority there- 195 foi*, and without he shall he the representative of a business duly licensed to l)e represented by a solic- itor. The term “business solicitor” shall include all ])ersons who ask or solicit patronage or business, or who distribute any character of ])rinted matter for the i)nr])ose of securing patronage for any and every kind and character of l)usiness, occupation, ])rofession, trade, entertainment, amusement, or re- sort conducted or operated for private gain, profit or advantage. It shall not include those who ask or solicit patronage for public, religious, or charita- l)le institutions conducted solely in the interest of the public or of charity, or those who distribute literature of such institutions. Nor shall it include those persons who have been licensed or granted concessions by the park commission, while said per- sons are soliciting on the public parks, boulevards, and other grounds over which said commission has control and jurisdiction. And it shall not include hotel solicitors, runners or porters who shall con- tinue to be subject to the ordinances heretofore passed relating to them. §333. License Applications. Penalty for False Statement. (Sec. 2) Any person who wishes to act as business solicitor himself or to have some other person act as his business solicitor for the purpose of soliciting patronage on the streets, avenues and alleys of the city, and on the public parks, grounds and boulevards owned by the city, shall make appli- cation to the clerk for a license to have his business, (the term “business” shall include any trade, occu- pation, pursuit, calling, or x^rofession, or any ]3lace of entertainment, amusement or resort conducted, managed or operated for gain or advantage) repre- sented by a business solicitor. Such application shall state the name of the applicant, the location of the place of business, and the name and address of 196 the person who is to act as business solicitor. The application shall he accompanied by a bond to the city in the penal sum of two hundred dollars ($200) signed by one or more sureties. Any applicant who shall make any false state- ment in his application to the clerk for a license, shall, on conviction, be fined in any sum not less than five dollars ($5) nor more than one hundred dollars ($100), and may have his license revoked by the council. §334. Council Grant or Refuse License. (Sec. 3) The clerk shall present to the council each appli- cation filed with him, as herein provided for, and the council may grant, or refuse to grant, a license to the applicant and his business solicitor or solic- itors. §335. License Fees. (Sec. 4) In all cases where the council grants a license and the mayor approves the bond, the clerk shall issue a license to the appli- cant upon the payment of an annual license fee of five dollars ($5) for each and every business solic- itor who is authorized to solicit for the applicant’s place of business. §336. The License Shall Issue to Applicant. (Sec. 5) The license shall be issued to the applicant as licensee and authorize him to have as business solicitor or solicitors, for his place, the person or persons named in his application, subject to the pro- visions of this ordinance and the rules and regula- tions made by the chief of police for the purpose of carrying into effect the provisions of this ordinance. The business solicitor named in such license shall have authority to solicit business for the licensee, while in his employ, in accordance with the provi- sions of this ordinance and the rules and regulations adopted as herein provided, and not otherwise. 197 §337. Licensee May Change Solicitors. (Sec. ()) Any ])erson to whom a license is granted may liave the authority revoked of any person named in his license as business solicitor, and have some other suitable person substituted as such business solicitor by paying one dollar to the city clerk and furnishing proof satisfactory to the clerk that the person au- thorized to solicit for him is no longer in his employ and by filing with the clerk an application in writ- ing giving the name of the person to be substituted in place of the one removed. Thereupon the clerk shall have authority to authorize the person desig- nated by the licensee to act for him as business solic- itor, unless such person has been disqualified by judgment in the police court from acting as business solicitor as hereinafter i^rovided. Any person act- ing as business solicitor after his authority has been revoked and before he has been re-appointed by some licensee as herein provided, shall, on convic- tion, be fined in any sum not exceeding one hundred dollars ($100). It shall be the duty of every licensee to immedi- ately notify the clerk and the chief of police of the removal of any business solicitor in his employ, and every licensee shall be liable for a violation of any of the provisions of this ordinance by the business solicitor named in his license, or his substitute, until he has so notified the clerk and the chief of police of said removal. §338. License Expires December 31. (Sec. 7) Each license granted under this ordinance shall, unless sooner suspended or revoked, expire on the 31st day of December, next after the issue thereof. §339. Badges. (Sec. 8) Every person licensed , under this chapter shall receive from the clerk a badge, on which shall be inscribed his number and * 198 proper descriptive words, wliicli bad^e sliall l)e worn by t]ie solicitor while eiigai>‘ed in the business of soliciting, on the ontside of liis coat, or upon his hat or cap, conspicuously exposed so as not to be hidden either by design or accident. He shall j)ay for such badge to the clerk the sum of one dollar ($1), and at the expiration of his license or upon ceasing to carry on the business, such licensee shall return his badge to the clerk and receive the sum paid therefor. §340. Where Soliciting is Prohibited. (Sec. 9) No business solicitor shall while soliciting, enter upon the platform of or into any railroad depot, nor shall such person while soliciting at any depot approach nearer to said depot than shall be desig- nated by the chief of police, who shall establish a line or place where solicitors shall stand, and it shall be unlawful for any business solicitor while solicit- ing in the vicinity of said depot, to stand at any other place than that designated by the chief of police for solicitors. No business solicitor shall do any soliciting within a distance of twenty (20) feet of the corner of the curb at any street intersection, or on any sidewalk at a distance of more than two (2) feet from the curb or the property line on such sidewalk. No business solicitor shall do any solicit- ing in the postoffice building or at or near any of the entrances to, or on the sidewalk around said building. §341. Regulations Governing Solicitors. (Sec. 10) Every person acting as a business solicitor in this city shall observe the following regulations in addition to the other provisions of this ordinance and the police regulations of the city. Only one business solicitor shall address, s])eak to or solicit patronage of a person at a time. No solicitor shall interrupt or in any manner 199 interfere with or impede the progress of any ])erson whose patronage lie is soliciting. No hnsiness solicitor shall follow any ])erson whose ])atronage he is soliciting for the ]mrpose of ('ontinning or renewing his solicitations. Business solicitors shall not gather or con- gregate in groujis, about or near any person whose liatronage is desired, hnt all business solicitors shall refrain from speaking to or in any manner address- ing any ])erson while another business solicitor is addressing snch person. No business solicitor shall call out in a loud voice the name of the place he represents, or talk in a loud manner, or make any unusual noise, or in any manner vex, harrass or annoy any person. No business solicitor shall make any false state- ments to any one whose patronage he is soliciting. No business solicitor shall in any manner solicit ])atronage of any kind for any person, firm or cor- ])oration other than the one which employs him as solicitor. No business solicitor shall be guilty of any un- civil, boisterous, or unseemly conduct while engaged in the business of business solicitor. §342. Chief of Police Make Regulations. (Sec. 11 ) The chief of police hereby is authorized to make such rules and regulations as may be necessary to fully carry into effect the provisions of this ordi- nance, and any person violating any of the rules and regulations so made by the chief of police shall, on conviction, be fined not less than five nor more than twenty-five dollars. §343. Designation of Terms. (Sec. 12) Wher- ever the word ‘‘solicitor’^ is used in this ordinance it shall be construed to apply to business solicitor. 200 Wlieiiever the word “person” is used it sJiall be eoiistrued to mean person, hrm, corporation, or as- sociation. §344. Penalty. (Sec. 13) Any person violating any of the provisions of this ordinance for which no other })enalty has 1)een ]>rovided herein, shall, on conviction, be fined in any sum not less than five dollars nor more than one hundred dollars, and any person so lined hy any court of competent jurisdic- tion may have his license revoked by the council and the authority of any person to act as business solici- tor under said license annulled or suspended. Both or either the licensee and his business solicitor may be i)unished as hereinbefore provided for any viola- tion of the provisions of this ordinance. §345. Repeal. (Sec. 14) All ordinances and parts of ordinances, except the ordinances relating to hotel solicitors, in conflict with any of the pro- visions of this ordinance are hereby re])ealed. [Ord. No. 850, passed Aug. 9, 1911.] ARTICLE 23. OF HOUSE .MO\^ER’S LICENSES, PERMITS AND REGULATIONS. §346. House Mover’s License. (Sec. 72) No person shall engage in the business of house moving within this city without first having a license so to do. Any ]>erson desiring such license shall make ap- plication therefor to the clerk. Such application ^hall be in writing and shall state the name and place of business of the applicant. Upon so doing 20 T and tli(‘ fi!iiii>’ of a bond to the city in the sum of one tljonsand dollars, with siieli sureties as the eouneil sliall a])})i-ove, eonditioned that the a|)])lieant will ])ay any and all damages which may he caused to any iirojxudy, pnidic or ])rivate, and wdll save, in- demnify and protect the city from all liability of any kind (aiused hy the moving- of any house, and the iniynient of a fee of live dollars, the clerk may issue such li(‘ense to such a])plicant. All such licenses shall, unless sooner suspended or revoked, continue in force until December Ml next after their issue. §347. Application for Permits. (Sec. 73) No ])erson exce])t a licensed house mover, shall move any building* or part thereof, along any of the streets of this ('ity without having a permit so to do. Any ])erson desiring such ])ermit shall make a))plication therefor to the engineer. Such application shall be in writing and shall state the location of the build- ing i)roposed to he moved, and the place to which it is to l)e moved, whether the same is a dwelling house or other l)uilding and the number of rooms in such l)uilding; shall describe the route over which the same is to be moved and the length of time that will he recjuired to move it; shall designate the place and number of wii-es or (‘aides necessary to be cut and the owners of such wires or cables. Ph'ery such ap])lication shall l)e accompanied by a statement of the owner or operator of any wires or (‘abl(‘s to be (‘ut, giving an estimate of the cost of (‘utting and re-uniting the same and such other damage as may accrue to the ])roperty of such owner. U])on so doing and the deposit by the applicant with th(‘ engineer of a sum of money sufficient to cover the (‘ost so estimated and the payment of the fees herein- after ])rovided, the engineer may issue a permit to su(‘h a])]dicant to move such building or part tliere- 202 of. ])ermit shall designate the streets and walks and to wliat extent the same will l)e used for tlie purpose of moving sneh building or part there- of, and the length of time in which said work shall he done. No wires or cables shall he cut for the pnri)ose of permitting houses to be moved, except by the owner or operator thereof, and the wires of any street railway company may only be exit for such purpose between the hours of 12 o’clock midnight and 5 o’clock in the morning. The deposit herein required to be made or so much thereof as may be necessary to cover the actual and necessary cost of cutting and reuniting such wires or cables and other damages incident -thereto, as may appear by a veri- fied, itemized bill of such owner or operator, shall forthwith upon the completion of the restoration of the wires or cables and upon the approval of such bill by the person making the deposit, be paid to the owners or operators thereof and the balance of such deposit returned to the applicant. §348. Fees for Permits. (Sec. 74) The fees for such permits shall be: For each dwelling of two rooms or less, one dollar, and fifty cents for each ad- ditional room. For each building other than a dwelling, two dollars. §349. Trees and Poles. (Sec. 75) No trees shall be removed or the branches thereof cut in order to allow the moving of a building, except with the written consent of the engineer and mayor. No pole, wire or cable shall be cut or removed for the purpose of moving a Imilding, except with the written con- sent of the owner. If such owner be the city, the written consent of the engineer and mayor shall be required. Such consent to cut such wires and cables however, shall be given by the owner upon reason- able demand and the deposit to cover the cost of 203 and siidi wires or cables, and the |)aymeiit for damage on account thereof as herein- before re(]uired. §350. Penalty. (Sec. 76) Any person violating any of tlie provisions of this article shall be fined not less than twenty-five nor more than three hundred dollars for each offense. [Ord. 780, Art. 3, Cha]). 14, passed Apr. 3, 1907.] ARTICLE 24. OF SIDEWALK CONTRACTORS. §351. License and Bond Required. (Sec. 1) That it shall be unlawful within the city of Colorado S])rings for any person or corporation to contract to lay a sidewalk within said city without first procur- ing a license from the city clerk of said city after filing a bond as hereinafter provided. §352. License Fee. (Sec. 2) The license fee re- (juired shall be five dollars ($5) per annum. §353. Bond. Amount. Condition of. (Sec. 3) No license under this ordinance shall be granted un- less the licensee shall file with the city clerk a bond in the penal sum of two thousand dollars ($2,000) with sureties to be approved by the city council and said sureties shall justify that they are worth in the aggregate four thousand dollars ($4,000) over and above all their just debts and liabilities. Said bond conditioned for the faithful compliance with all the ordinances of the city of Colorado Springs relating to the construction of sidewalks and that the said 204 coiitraetor sJiall ]>ay to the said city any and all damages of every kind caused by the negligence of said (‘ontractor in the construction of sidewalks within the city limits for damage from lack of pr()])er protection in the construction of said side- walks or from the non-compliance with any of the ordinances of said city. §354. Responsibility of Licensee. (Sec. 4) Such licensed persons shall be held responsible for the acts and negligence of their employes and agents. §355. Penalty. Offenses. (Sec. 5) Any person or corporation who shall violate any of the pro- visions of this ordinance, upon conviction shall be fined in the penal sum of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense, and every day’s business without a license shall constitute a separate offense. [Ord. No. 768, passed Mar. 15, 1909.] ARTICLE 25. OF PLUMBERS AND MASTER PLUMBERS. §356. Master Plumbers. License Bond. (Sec. 297) No person shall engage in the business of plumbing as a master or employing plumber within this city without a license so to do. Any person having a certificate from the board of examiners, desiring such license, shall make application there- for to the clerk. Such application shall be in writing and shall state the name of the applicant and the lo- cation of the business. Upon so doing, and the pay- 205 meiit of a lic^eiise fee of ten dollars, and the tiling of a bond as herein required, the elerk may issue such license to such a])})! leant, and the same shall, unless sooner sus])ended or revoked, continue in force for one year from the issue thereof. The bond required by this section shall run to the city, and shall be in the sum of two thousand dollars, with such sureties as the council shall approve, conditioned for the faithful performance of the duties required by ordi- nance, rule or regulation of the council, and that he will suitably guard and protect any excavations or obstructions and defend, save and keep harmless and indemnify the city of and from all actions, suits, costs, damages and expenses, including attorneys’ fees, which shall or may at any time happen to come to it, or for or on account, of any injury or damage received or sustained by any person, caused by any negligence, or froin any unfaithful or inadequate work done under his license. [Ord. No. 730, passed Apr. 3, 1907.] ARTICLE 26. (W OWNERS, DRIVERS AND OPERATORS OF AUTOMOBILES, MOTOR CYCLES AND BICYCLES. §357. Speed Regulations. Penalty. (Sec. 1) No person shall o]>erate or drive any automobile or motorcycle u])on or along any street or other public way within the fire limits of this city at a speed greater than fifteen (15) miles per hour, or within this city outside of said fire limits, at a rate of speed 2o6 i>Teater tlian tweiity-tliree (28) miles i)ei* hour, or past any street intersection or in turning- any corner, wlien any pedestrian or any otlier vehicle is on or near such intersection or corner, or at any place where any person is about to enter or leave any street car at any street intersection, at a rate of speed greater than ten- (10) miles per hour. Both the owner and the operator or driver of any automobile or motorcycle operated or driven in violation of the provisions of this section shall, when such violation consists of so operating or driving- such automobile or motorcycle within the fire limits at a rate of speed greater than fifteen (15) miles per hour, or ten (10) miles per hour at street intersec- tions, and not more than twenty (20) miles per hour, or within this city and outside of said fire limits at a rate of speed greater than twenty-three (23) miles per hour and not more than thirty (30) miles per hour, be fined not less than five dollars ($5) nor more than fifty dollars ($50), and for a second or an}^ subsequent offense not less than twenty-five dol- lars ($25) nor more than one hundred dollars ($ 100 ). Both the owner and the operator or driver of any automobile or motorcycle operated or driven in violation of the provisions of this section shall, on the conviction for the first offense, where such of- fense consists of so operating or driving any auto- mobile or motorcycle within the fire limits of this city at a rate of speed of over twenty (20) miles per hour, or within this city outside of the fire limits at a rate of speed greater than thirty (30) miles per hour, be fined not less than twenty-five dollars ($25) nor more than one hundred and fifty dollars ($150), or imprisoned in the city jail not less than ten (10) days nor more than thirty (30) days or shall be |)unished by both such fine and imprisonment, and 207 for a socoiid or any subscMinont off’cniso of so operat- iiii;' or (li‘ivini>- any antoniohile or inotoroycle shall be fined not less than lifty dollars (^50) nor more than three hundred dollars ($:)00), or imprisoned in the ('ity jail not less than ten (10) days nor more than sixty (00) days, or shall be ])nnished by both such tine and imprisonment, in addition to the penalties provided in the ])recedin^- ])arai>raplis of this sec tion, the court may revoke or susi)end the driver’s license of the person ('onvicted if such license has l)een issued by the city. No ])enalty of fine, im- prisonment or otherwise shall be imposed, however, upon the owner of any automobile or motorcycle operated or driven in violation of the provisions of this section by another than such owner if such owner furnishes to the chief of police or commis- sioner of public safety, either voluntarily, or im- mediately upon request, satisfactory proof of the name of the person who was operating or driving the automobile or motorcycle at the time it is claimed any of the provisions of this ordinance were violated, or if such owner furnishes satisfactory ])roof that such automobile or motorcycle was oper- ated at the time without his permission or consent. §358. Operator to be Licensed. Visitor’s Per- mit. (8ec. 2) No person shall operate or drive any automobile or motorcycle upon any of the streets, roads, or driveways in public places within the city or within the parks belonging to this city and out- side the limits thereof, unless such person shall have first obtained a license from the city as hereinafter provided, authorizing such person to operate or drive such automobile or motorcycle; Provided, how- ever, that any person in charge of any automobile or motorcycle brought to the city temporarily by a visitor and having a license to drive such vehicle from any other municipality, state or foreign coun- 2o8 try, shall, upon his arrival in this city, lile'his name and home address and his address in this city and the home nninher tag of his automobile or motor- (*ycle and the time of his arrival with the city clerk, and such visitor may after such filing drive his auto- mobile or motorcycle for a period not exceeding- ninety days, without obtaining any license from the city; and provided, further, that this section of this ordinance shall not apply to any person who then lawfully holds a driver’s license issued to such per- son as a paid chauffeur or operator under the laws of the state of Colorado. Any person violating any of the provisions of this section shall be fined not less than five dollars nor more than fifty dollars for each and every offense. [Ord. No. 806, passed Apr. 29, 1910, as amended by Ord. No. 928, passed .Dec. 3, 1913.] §359. Board of Examiners. (Sec. 3) There is hereby created a board of three persons, consisting of the chief of police, the city clerk, and one member to be selected by the Colorado Springs Automobile Club, whose duty it shall be to examine all persons desirous of operating an automobile or motorcycle in this city, and when such board shall be satisfied, either by personal examination, personal knowledge or l)y actual exhibition that any such person pos- sesses the qualifications necessary to operate safely an automobile or motorcycle, the said board or any two of them shall give to said person a certificate, which, upon presentation to the city clerk and the payment of a fee of fifty (50) cents shall entitle him to a license to operate an automobile or motorcycle within this city, or on such roads or driveways with- in the parks belonging to this city, and outside the limits thereof as hereinafter provided. The license fee for operators is to be in addition to the annual 209 license fee herein recinired for each automobile or motor(*ycle. The ])oard of examiners may, after the issuance of said license, on good cause shown that the person licensed is intemperate, careless or un- reliable, or incapable of operating said automobile or motorcycle, or operates the same in a reckless or improper manner, on notice to such person, revoke or sns])end such license for such time as in its judg- ment may seem proper. §360. Brakes, Alarm Bells, Lamps. (Sec. 4) Each automobile or motorcycle licensed under this chapter shall be provided with good and sufficient brakes, and shall be equipped with an alarm bell, gong, or other signal, which shall be sounded at street crossings, and wherever and whenever else deemed advisable by the operator, for the purpose of notifying pedestrians or others of the approach of such vehicle, and to avoid accidents or collisions. Each automobile li- censed under this chapter shall carry during the time it is being operated from one-half hour after sunset to one-half hour before sunrise, two lighted lamps, showing white lights visible within a rea- sonable distance in the direction towards which the automobile is proceeding, and one lighted lamp showing a red light visible in the reverse direction, and a lighted lamp throwing a white light on the number wherever required to be displayed on such automobile in such manner as to make such number plainly visible and legible, during the hours speci- fied. The lamp shall be so placed as to be free from obstruction to light from other parts of said auto- mobile. Any person violating any of the provisions of this section shall, on conviction, be fined not less than five nor more than twenty-five dollars for each offense. [Ord. No. 806, passed Dec. 3, 1910.] 210 §361. License Fees. Numbers. (Sec. 5) The term ‘‘motor vehicle^’ wherever used in this ordi- nance shall include all vehicles propelled by any power other than animal or muscular, except cars of electric and steam railways and other motor vehi- cles running- only on rails or tracks. The owners of passenger automobiles used for carrying passengers for hire in the city or from the city to ])oints outside the city, shall pay such license fees as are now or may hereafter be prescribed by ordinance to be paid on vehicles used for carrying- passengers, provided, that automobiles which are used exclusively by the owners thereof for convey- ing- persons from this city over a private roadway owned and maintained by said owners to points of scenic interest shall not be required to pay such license fees as are required for vehicles carrying- passengers for hire. Motor trucks and other motor vehicles used as an express, dray, transfer, or job vehicle, for hire, for which business is solicited on the public high- ways or at the depot grounds in the city, shall pay such license fees as are now or may hereafter be pre- scribed by ordinance to be paid by expressmen and draymen. ' Every person operating, driving or in charge of any motor vehicle within the limits of this city shall file with the city clerk a statement signed by him giving the name of the owner, the name of each per- son authorized to drive or operate such vehicle in this city, the license and number of said vehicle, the state or city under which such vehicle is licensed and numbered, the make of such vehicle and the ad- dress both within and (in case of a non-resident) without this city of the owner or operator of such 211 V(‘iri('l(‘. Tliere sliall be no eliarg-e for filing such statement. [Ord. No. 806, passed Apr. 29, 1910, as amended by Ord. No. 928, passed Dec. 3, 1913.] §362. Keep Machine Quiet. Stop at Request. (He('. 6) No ])art of any automobile or motorcycle li(*ensed under this chapter sliall be permitted to run while sndi vehicle is standing in any street, alley or public' way within this city, without an attendant, and no ])erson in charge of such vehicle shall open the muffler thereof uiion the streets, alleys or public ways, except at such place where necessary to ascend grade. Every jierson driving or operating such auto- inolhle or motorcycle within this city shall at the re- quest or signal by putting up the hand, of a person driving restive horse or horses or domestic animals, cause such vehicle immediately to stop and remain standing so long as may be necessary to allow such horses or domestic animals to pass. Any person violating any of the provisions of this section shall be fined not less than two dollars nor more than ten dollars for each offense. §363. Not to Enter Canons. (Sec. 7) No auto- mobile or motorcycle shall be permitted to enter or be driven in any of the canons belonging to this city, and no person shall drive or move or cause to be driven or moved, any automobile or motorcycle with- in the limits of Cheyenne park, except on such roads or ways as shall be designated by the park commis- sion. Any person violating any of the provisions of this section shall be fined not less than ten nor more than fifty dollars for each offense. §364. Not to Permit Unlicensed Operators to Run Machine. (Sec. 8) No person, firm or corpora- tion, owning or controlling any automobile or motor- 212 cycle, sliall permit or cause the same to be operated in any manner, by any person, unless such person operating' and using the same shall have a x)ermit as provided in this ordinance, and such person, firm or corporation, shall, whenever requested by the police authorities, disclose and furnish the name of the person oi^erating at any time or place, such automo- bile or motorcycle owned or controlled by them or either of them. Any person violating any of the pro- visions of this section shall, on conviction, be fined in any sum not exceeding one hundred dollars. §365. Automobiles, Interference With. (Sec. 9) It shall be unlawful for any person not the owner or operator thereof, to tamper, meddle or interfere with any automobile or motorcycle, or to start or attempt to start the machinery thereof while the same is standing still, or to puncture or otherwise mutilate the tires or to scratch, mark or otherwise deface the body or apparatus thereof, or to take or remove from said automobile or motorcycle any part or portion of the machinery, equipment or other por- tion thereof, or to throw, cast or hurl any stones, rock, glass, or other missile at any automobile or motorcycle or the occupant or occupants thereof. Any person violating any of the provisions of this section, on conviction, shall be fined in a sum not less than one dollar nor more than one hundred dollars. §366. Penalty. (Sec. 10) Any person, firm, or corporation violating, disobeying, neglecting or re- fusing to comply with any of the provisions of this ordinance, where a definite penalty is not otherwise provided, shall, on conviction, be fined not less than three nor more than one hundred dollars for each and every offense, and in addition thereto may have his permit or license revoked. [Ord. No. 806, passed Apr. 29, 1910.] 213 §367. Lights on Motorcycles and Bicycles. (Sec. 1 ) Eac]i and every motorcycle or l)icycle driven or ])i' 0 ])elled on or along- any street, alley or public way in this city shall at any time after dusk and before dawn carry a lighted lamp or lamps in a conspicuous position on the front of such vehicle whenever in motion upon such street, alley or other public way. §368. Penalty. (Sec. 2) Any person violating this ordinance shall, on conviction, be fined in any sum not less than one nor more than one hundred dollars. [Ord. No. 926, passed Dec. 3, 1913.] ARTICLE 27. OF lACENSES AND POLICE REGULATIONS CONCERNING DOGS AND KENNELS. §369. License Fee. Tags. Term of License. Penalty. (Sec. 95) Every person who owns or keeps a dog within this city shall procure within thirty days after the first day of April of each year, from the treasurer, a license therefor. The application for such license shall state the name and address of the applicant and the name of the dog, if it has a ]iame, for which license is desired, and its breed, color and sex. Upon such application being filed with the treasurer and the payment of a fee of two dollars for each male dog and five dollars for each female dog, the treasurer shall issue a license for such dog, to- gether with a metallic check or tag bearing a number corresponding to that of the license, and each dog so licensed shall be provided by its owner or keeper with a collar made of leather, metal or other sub- stantial material to which the license tag shall be 214 securely fastened. Such license shall ex))ire on the 31st day of March next after its issue and shall not be transferable, and any ])erson who shall fail to have a dog- owned or kept by him so licensed, shall be fined not less than one dollar nor more than ten dollars for each offense and 'each day after convic- tion therefor shall be deemed a separate offense. §370. Duty of Police. (Sec. 96) If any dog shall he found at any place within this city, other than ii]:)on the premises of its owner or keeper without a collar, hearing the metallic check or tag herein re- quired it shall he the duty of the police to impound such dog and any dog so impounded may he re- deemed hy the owner or keeper upon the i)ayment to the chief of police of the sum of one dollar as an im- pounding fee and in addition thereto, the license fee herein required for said dog. Any dog which shall not have been redeemed within three days from the time of such impounding, may at once thereafter he sold to any person who will pay the license and the redemption fee herein required, together with such further sum as the chief of police shall fix as its reasonable value, which purchas^i price shall he paid to the treasurer. Any dog which has been im- l)ounded for three days and has not been redeemed or sold as herein provided, shall he killed under the direction of the chief of ])olice and it shall he the duty of the chief of police to have such dog so killed, removed and buried beyond the limits of the city. §371. Vicious Dogs. (Sec. 97) If any danger- ous, fierce or vicious dog shall he found at large in the streets or public ways of this city or upon the private premises of any other ])erson than the owner or keeper of such dog, and shall there annoy or en- danger any person, the owner or keeper of such dog shall he fined not' less than two nor more than ten dollars for the first offense’on the ])art of such owner 215 or kee])er in permitting- such dangerous, fierce or vicious dog to be so at large and upon a second or further conviction for a further or similar offense, such owner or kee}>er shall he fined not less than five nor more than twenty-five dollars for each offense. Any dangerous, fierce or vicious dog running at large in the streets or public places of the city or upon the private premises of any other person than the owner or keeper, and any dog which may in any manner disturb the (piiet of any person or neighbor- hood or which shall bite any person within the city, is hereby declared to be a nuisance, and such dog shall be taken up, impounded and disposed of in manner herein provided. Provided however, that if any dangerous, fierce or vicious dog so found at large, cannot safely be taken u]) and impounded, such dog may be killed by any policeman. §372. Rabid Dogs. (Sec. 98) Whenever in the opinion of the mayor, the danger to public safety from rabid dogs is imminent, he shall publish a proclamation, requiring all persons owning, keeping or harboring any dog to muzzle the same or confine the same not less than thirty days nor more than ninety days from the date of the proclamation, by good and sufficient means to the house, stable, out- house or yard, within his premises and upon issu- ance of such proclamation by the mayor, it shall be the duty of all })ersons owning, keeping or harbor- ing any dog during the time specified in such proclamation to muzzle the same or to confine the same by good and sufficient means within such yard, house, stable or outhouse. Any person violating any of the provisions of this section shall be fined not less than ten nor more than one hundred dollars for each offense. 216 §373. Female Dogs. (Sec. 99) If any female dog shall be foniid niiining at large within this city while in heat, it shall be the duty of the police to impound sncli dog and such dog may be redeemed by the owner or kee])er thereof within three days upon the payment to tlie treasurer of the sum of five dollars as redemption fee. [Ord. No. 730, Chap. 16, passed Apr. 3, 1907.] §374. Kennels. License Required for. (Sec. 1) Every owner or possessor, whether an individual, firm or corporation, owning, possessing or keeping or desiring to keep and maintain within the cor- porate limits of this city a kennel composed of not less than five nor more than twenty-five dogs, shall apply for and obtain from the city clerk, who is hereby authorized to grant the same as herein pro- vided, a license therefor before such kennel can be kept and maintained. §375. License Fee for Kennels. (Sec. 2) The license therefor shall be the sum of twenty-five dol- lars ($25) per aiimim. §376. Kennels License, How Obtained. (Sec. 3) Every person, firm or corporation, desiring to obtain a license as provided herein shall make appli- cation therefor in writing to said city clerk, stating the name of the applicant, the place where such ken- nel is to be located, the size of the kennel proposed to be kept, and shall accompany such application with the written consent of a majority of the per- sons of full age, residing within four hundred feet in all directions from the place where such kennel is proposed to be located and kept, to keep and main- tain such kennel at the place stated. Then, upon the payment of the license fee as herein provided, and upon the approval of the commissioner of public health and sanitation, which approval may be grant- ed in the discretion of such commissioner, such clerk 217 sliall issue sik'Ii lic'ouse. Every day that such kennel is ke])t and maintained without a license therefor as li(*reiu ])i-ovided shall be deemed a separate of- fense. §377. Penalty. (ISec. 4) Any person, firm or cor} ) 0 ration who shall violate any of the provisions of this ordinance shall, upon conviction, be tined not less than ten dollars ($10) nor more than one hun- dred dollars ($100) for each and every offense. [Ord. No. 924, ])assed Dec. 3, 1913.] ARTICLE 28. OF LICENSE TAN ON TELEPHONE, TELE- GRAPH, ET.ECTRIC LIGHT, STREET RAIL- AVAY AND POWER POLES AND WIRES. §378. Inspection and Supervision. (Sec. 1) It is hereby made the duty of the police, fire, forestry, and electri(‘al de])artments and the department of imblic works and })ro])erty of the city to inspect, examine, su])ervise and see that all telegraph, tele- phone, electric light, street railway and ])ower ])oles erected or maintained in or along the streets, ave- nues and alleys of the city, and on any |)ul)lic ground or })lace owned by the city, are erected and main- tained in a (‘ondition that will safeguard and })rotect the life, limb and ])ro])erty of the inhabitants of the city and those owning }n*operty therein. And for this })ur|^ose said de])artments shall also inspect, ex- amine and su})ervise all wires, wherever situated, owned by any corporation, firm, association or }3er- son engaged in o])erating any telegraph or tele])Iione line or lines in the city, or in furnishing electric *2i8 or electric power or operating* any street rail- way in the city. §379. Amounts of Tax. Pole District. (Sec. 2) All electric light, heat and ])ower, street railway, telephone, telegraph corporations, associations, firms or persons owning wooden poles now erected in any street, avenue, alley or public grounds within the corporate limits of the city of Colorado Springs on which wires or cables are placed or strung for the purpose of transmitting electric current for light, heat or power, or for telephone, telegraph, messenger call or clock service shall pay the city of Colorado Springs annually for inspection as provided for in section 1 of this ordinance and for all expenses to the city caused thereby, the sum herein fixed, to-wit: Two dollars and fifty cents ($2.50) for each and every pole erected and maintained within the dis- trict bounded as follows: Beginning at a point on AVeber street where the east property line intersects the north property line of Platte avenue, mnning thence south along the east property line of AVeber street to the south property line of A'ermijo ave- nue; thence west along the south property line of \5ermi]0 avenue to the west property line of Sierra Madre street; thence north along the west property line of Sierra Madre street to the north property line of Bijou street; thence easterly along the north property line of Bijou street to the west property line of Cascade avenue; thence north along the west property line of Cascade avenue to the north prop- erty line of Platte avenue; thence east along the north property line of Platte avenue to the point of beginning. Said above described district is hereby designated ^‘Pole District No. 1.” One dollar and fifty cents ($1.50) for each and every pole erected and maintained outside of the 219 al)()ve defined district and within the district bound- ' ed as follows: Beginning at a point on Cache la Poudre street, where the north property line inter- sects with the east })roperty line of El Paso street, running thence south along the east prop- erty line of El Paso street to the south property line of Moreno avenue, thence west along the south ])roperty line of Moreno avenue to the west property line of Conejos street; thence north along the west property line of Conejos street to the south property line of Costilla street; thence west along the south property line of Costilla street to the west property line of Walnut street; thence north along the west property line of Walnut street to north property line of Platte avenue; thence east along the north prop- erty line of Platte avenue to the west property line of Walnut street; thence north along the west prop- erty line of Walnut street to the north property line of the Mesa road; thence east along the north prop- erty line of the Mesa road and Cache la Poudre street to the point of beginning. Said above described dis- trict is hereby designated “Pole District No. 2.” Seventy-five cents ($.75) for each and every pole erected and maintained outside of the above defined districts and within the corporate limits of the city of Colorado Springs. Said above described district is hereby designated “Pole District No. 3.’’ (a) All of said corporations, firms, associa- tions and persons owning open suspended wires in the city used for carrying electric current for’light, heat or power purposes, shall pay the city annually for the inspection of such wires as is herein provided and for all expense to the city caused thereby, the following amounts, to-wit: One dollar and fifty cents ($1.50) for each and every mile or major fraction thereof of open sus- 220 pended wire having a. voltage of 100 volts and less than 550 volts. Two dollars and fifty cents ($2.50) for each and every mile or major fraction thereof of open sus- pended wire having a voltage of 550 volts and less than 3,500 volts. Five dollars ($5) for each and every mile or major fraction thereof of open suspended wire hav- ing a voltage of 3,500 volts’ and over. (b) All of said corporations, firms, associations and persons owning open suspended wires or cables in the city used for telephone, telegraph, messenger call or clock service, shall pay to the city annually for the inspection of such wires as is herein pro- vided, and for all expense to the city caused thereby, the following amounts, to-wit: Fifty cents ($.50) for each and every mile or major fraction thereof of open suspended wire. Five dollars ($5) for each and every mile or major fraction thereof of open suspended cable con- taining 100 pairs or less of conductors. Eight dollars ($8) for each and every mile or major part thereof of open suspended cable con- taining over 101 pairs of conductors and less than 201 pairs of conductors. Ten dollars ($10) for each and every mile or major fraction thereof of open cable containing 201 or more pairs of conductors. All of said corporations, firms, associations and persons owning underground wires in the city used for carrying electricity for light, heat or power pur- poses shall pay to the city annually for such inspec- 221 tioii and for all expenses to the city caused thereby for sncli underground wires twenty-five per centum of the amount above fixed to he paid for open sus- ])ended wires having like voltage. All of said corporations, firms, associations and Iversons owning underground wires or cables used for tele]fiione, telegraph, messenger call and clock service shall pay to the city annually for such inspec- tion and for all expenses to the city caused thereby for such underground wires and cables twenty-five ])er centum of the amount above fixed to he paid for o]ien suspended wires used for like purposes. §380. Statements and Payments. (Sec. 3) The principal officer or agent located in Colorado S])rings, of each and every corporation, firm, asso- ciation and ])erson aforesaid, shall during the month of August in 1913, and during the month of August of each year thereafter file with the city auditor a statement in writing under oath, specifying the number of poles owned by him, or by his corpora- tion, firm, association or person in each of the dis- tricts above described designated as pole districts Nos. 1, 2 or 3, and shall file with the city auditor a statement in writing under oath, specifying the volt- age and the numher of miles of open suspended and underground wires, and fraction thereof, owned by him or it in the streets, avenues, alleys and public grounds of the city used for carrying electricity for light, heat or power purposes; also the number of miles and major fraction thereof, of suspended and underground wires and cables and the number of ])airs of conductors in each such cable, owned by him or it in the streets, avenues, alleys and public grounds of the city and used for telephone, telegraph, mes- senger call or clock service; and said corporation, firm, asso(‘iation or ])erson, shall, at the same time, 222 pay to the city treasurer, for the use of said city, the sum hereinbefore fixed for each and eveiy pole and each and every mile and major fraction thereof of such open suspended and underground electric wires and cables, for the year then commencing* on the first day of August. §381. Incorrect Statements. Duty of Commis- sioner of Finance. (Sec. 4) If the commissioner of finance shall not be satisfied of the correctness of any statement so made by such officer or agent, he shall have the power to require such officer or agent to appear before him with the books and papers of the corporation, firm, association or person, and sub- mit to an examination concerning the matters afore- said; and said commissioner of finance shall have full power to make or cause to be made such exam- ination and investigation of the poles, wires, and cables owned or used by said corporation, firm, as- sociation or person, and of any and all matters per- taining thereto as shall enable him to satisfy himself of the correctness of said statement; and if it shall be ascertained to the satisfaction of said commis- sioner on such examination, or in any other manner, that such officer, or agent, has not returned a full and true statement as herein required, he shall order the corporation, firm, association, or person to pay to the city forthwith the deficiency ascertained by him to be due the city under the provisions of this ordi- nance. §382. Penalty. (Sec. 5) Any corporation, firm, association or person, or the principal officer, or agent thereof, in Colorado Springs, who shall violate any of the provisions of this ordinance, shall, upon conviction, be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each offense; and every day’s refusal or neglect to pay the city the full amount aforesaid, shall constitute a 223 sej)i)rate offense. And the said city shall have the furtli(‘r right to collect any sum due it under this ordinance by suit in any court of record. [Ord. No. 91d, passed July 30, 1913.] ARTICLE 29. OF LICENSES, PERMITS AND REGULATIONS FOR THE SALE OF INTOXICATING LIQUOR. §383. Sales Unlawful, Except as Authorized. (Sec. 1) It shall be unlawful for any person to sell, exchange or barter, whether or not under pretext of giving away or under any other pretext whatsoever, or to serve in or at any public place or place of pub- lic resort, any intoxicating liquor in any quantity whatever within the juristiction of the city of Colo- rado Springs (hereinafter termed ^‘the city’’), ex- ce]A as authorized by the provisions of this or- dinance. §384. Council May License. (Sec. 2) The coun- cil may, at its discretion, grant licenses relating to intoxicating liquor, only to the persons herein designated, and upon the terms and conditions and in the manner herein stated. §385. Who May Be Licensed. (Sec. 3) Li- censes may be granted hereunder: (a) To the owners of prescription pharmacies to sell intoxicating liquor between the hours of 7 224 a. ni. and 12 midniglit in (quantities as follows, and not otherwise: Distilled or. spirituous licquor in bottles, jugs or casks, containing not less than one (quart eacli; malt, vinous and fermented liquor in bottles, jugs or casks, containing not less than one q)int each. (b) To incorporated social clubs, or to social clubs membership in which is confined to members of a local lodge in Colorado Springs of a national frater- nal order, which clubs shall have been in existence and in active oqDeration continuously for a period of five (5) years immediately prior to the time such license is granted, to sell and to serve intoxicating liquor, only to their respective bona fide members and bona fide out-of-town guests. (c) To the owners, proprietors or lessees of hotels having not less than seventy-five (75) bed- rooms to sell and serve intoxicating liquor at such hotels to their respective guests only, between the hours of 7 a. m. and 12 midnight, and to such guests only when such intoxicating liquor is served and consumed in conjunction with bona fide meals. Provided, that the council may, by ordinance, further limit the hours during which intoxicating liquor may lawfully be sold or served by any li- censee hereunder. §386. No Sale on Sunday or Election Days. (Sec. 4) It shall be unlawful for any licensee here- under to sell, except upon prescription as hereinafter provided, or to serve any intoxicating liquor during the first day of the week, commonly called Sunday, or during the hours within which any state or city election is being held in the city. §387. Procedure to Obtain License. (Sec. 5) 225 The graiitiiii>* of a license shall not be considered until the person desiring such license shall have filed with the city clerk an application therefor, together with a ])etition, and shall have deposited with the city clerk, against his receipt therefor in duplicate originals, one of which originals shall be filed with the application, such sums in lawful money, or duly certified checks, as will cover the appropriate cash deposit, license fee and cost of publication, all as hereinafter provided. §388. Application. (Sec. 6) Every application for a license shall be in writing, addressed to the council, signed by the applicant, or by the president and the secretary thereof, if the applicant is a corpo- ration or a social club, and shall state: (a) The name and address of the applicant, and whether applicant is an individual, a co-partner- ship, a coiporation, or a social club. (b) Facts showing that the applicant is a per- son to whom the license sought may be granted here- under. (c) The name and location by street and num- ber or other certain designation of the prescription pharmacy, club, or hotel, as the case may be, at which the applicant will act under the license. (d) The name and address of the person who will actually manage the prescription pharmacy, club, or hotel, at which the applicant will act under the license. §389. Petition. (See. 7) (a) Every application for a license for a x^rescription pharmacy or a hotel, shall be accompanied by a written petition, ad- dressed to the council, asking that such application be granted, signed, in person, by at least twenty-five (25) resident freeholders of the city, and also by at 226 least five (5) owners of real property, situate in the block in which are located the premises at which the applicant will act under the license; Provided, that an agent duly authorized in writing may sign on behalf of any such owners ; and in case there are not as many as five (5) such owners of real property in such block, then such petition shall be sufficient if signed by at least twenty-five (25) resident free- holders of the city, and by all the owners of real property in said block. (b) In case such application is made by a social club, then such petition shall be signed by a majority of the board of directors of said club, and by twenty-five (25) resident freeholders of the city, (c) Each signer of said petition shall write opposite his name the street and number of his resi- dence, and the date he signed the same, and in case he is the owner of real property in the block for which the license is sought, he shall also give the street and number or other certain designation of such property. Every applicant shall append to such petition his affidavit that the signatures on said petition are genuine, that each signer signed the same on the date set opposite his name, that, to the best of his knowledge and belief, the persons so signing as resi- dent freeholders of the city were such at the time of signing; and the parties acting as agents of owners were such at the time of signing. If the applicant be a corporation, then such affi- davit shall be made by an officer thereof. §390. Cash Deposit. (Sec. 8) Every applicant * for a license for a prescription pharmacy, a hotel, or a club, shall deposit with the city clerk the sum of three hundred dollars ($300), and shall file at the 227 same time with the city clerk a written agreement, (Inly executed, to the effect that applicant will not violate, either directly or indirectly, any of the pro- visions of this ordinance, and that in the event any lines and costs on account of any violation of the ])rovisions hereof are assessed against him, the coun- cil may apply the sum so deposited, or any part thereof, to the payment of such fines and costs. This remedy shall be cumulative and in addition to the usual remedies for collecting fines. Upon the refusal of the council to grant such application, the sum so deposited shall be returned to the applicant. Upon the expiration of any license through lapse of time, or upon its revocation under the provisions of subdivision ‘‘a’’ of section 18 here- of, said sum so deposited, or so much thereof as may remain, shall be returned to the applicant, together with interest on the sum so returnable, at the rate of five (5) per centum per annum from the date of is- suance of the license. §391. Notice and Hearing. (Sec. 9) (a) If, upon examination of any application and petition, the council shall find the same to be not substantially in accord with the requirements of this ordinance, the council shall either deny the same, or return the de- fective application or petition to the applicant for correction. (b) If, upon examination of any application and petition, either as originally filed or as re-filed after correction, the council shall find the same to be substantially in accord with the provisions of this ordinance, the council may either deny the same, or may, and before granting such application and peti- tion shall, cause to be given by publication at least twice in any newspaper, published daily, or daily 228 except Sunday, in the city, not less than ten days before the date fixed for the hearing thereof, notice of such application, setting forth a copy thereof and the date of filing, and stating the day and hour when such application and objections thereto, if any, will be heard and considered by the council. Objections thereto shall be in writing, signed by the objector, and filed with the city clerk before the time fixed for the hearing. At such hearing, or at any adjournments thereof to a fixed time, the council shall, under such appro- priate regulations as it may impose, hear such evi- dence and arguments as may be offered for and against the granting of such application. The de- cision of the council, as to whether any application shall be granted or denied, shall be final. (c) The applicant, at the time of filing his ap- plication, shall deposit with the city clerk an amount sufficient to pay the cost of publishing such notice. §392. Restriction as to Number of Pharmacy Licenses. (Sec. 10) Licenses to sell intoxicating liquor at prescription pharmacies shall be limited in number so as not to exceed one such license for every two thousand in population of the city as determined by the last preceding federal census. §393. Time for Which Granted. (Sec. 11) (a) All licenses shall run for one year from the date of issuance, except as herein provided. (b) During the period between the taking ef- fect of this ordinance and the first day of August, 1911, both inclusive, the council may grant and cause to be issued to the owners of prescription pharma- cies, licenses as hereinabove provided, to expire on 229 such dates as may be specified in said licenses, re- spectively, being* not less than six months nor more than fourteen months from the date of issuance, re- spectively, such dates of expiration to he at least fourteen days apart. (c) After August 1, 1911, all licenses to the owners of prescription pharmacies shall be for the term of one year from the date of issuance, and no such license shall be granted or issued, which by its terms will expire within fourteen days of the date of expiration of any other pharmacy license then out- standing, nor shall more than one application for any such license be heard or granted in any one day. (d) When a license is granted, under subdivi- sion ^‘b” oi this section, for a period exceeding one year, the applicant to whom such license is granted shall, before the issuance of the same, pay to the city clerk, in addition to the license fee already paid, such sum, for the period in excess of one year, as shall be a proportionate amount of the yearly license fee; and when a license is granted for less than a year under said subdivision ‘ ‘ b, ’ ’ a proportionate amount of the annual license fee deposited shall be refunded to every applicant whose license shall run for less than a year. (e) An application for the renewal of any license may be filed not more than thirty days before the expiration of such license, and such application may be granted, as of the date of expiration of the outstanding license, not more than ten days before the expiration of such license. §394. License Fees. (Sec. 12) The respective fees for licenses shall be as follows: For i)rescription pharmacies, twelve hundred dollars ($1,200) per annum. 230 For chibs, five hundred dollars ($5()0) ]>er an- num. For hotels having* not less than sevent,v-five (75) nor more than one hundred forty-nine (i49) bed- rooms, five hundred dollars ($500) per annum. For hotels having- one hundred fifty (150) or more bedrooms, one thousand dollars ($1,000) per annum. Provided, that the council may from time to time fix, by ordinance, the fees for any class of licenses at an amount greater than herein estab- lished. §395. How Signed, and to be Conspicuously Posted. (Sec. 13) Every license hereunder shall be signed by the mayor and attested by the city clerk under the seal of the city; and the licensee therein named shall keep such license displayed at all times while it is in force, in a conspicuous and accessible place and position in the room or place for which the same has been granted, so that any person desiring so to do may readily inspect and read such license. §396. Transfer of License. (Sec. 14) No license shall be transferred unless and until j^ermission therefor is given by the council. The requirements and ])roceedings upon an ap- plication for a transfer of any license shall be the same as required for the original granting thereof, except that the application shall state, in addition to the other matters required, the name of the orig- inal licensee, and the date when such license expires, and shall have the consent of the original licensee, to such transfer, endorsed thereon; Provided, that no license fee, in addition to that paid by the original licensee, shall be required. ■ - 231 §397. Qualifications for License for Prescrip- tion Pharmacy. (Sec. 15) An applicant for a license to sell intoxicating* li(|uor at a prescription pharmacy shall satisfy the council that he owns fixtures worth not less than eight hundred dollars ($800), and drugs and druggists’ sundries, exclusive of intoxi- cating liquor, worth not less than thirty-five hundred dollars ($3,500); which fixtures, drugs and drug- gists’ sundries shall be on the premises at which the applicant will act under the license. §398. All Drug Stores Must Obtain Permit. (8!ec. 16) It shall be unlawful for any person, from and after the tenth day of May, 1911, to conduct a pharmacy or drug store within the jurisdiction of the city without first having obtained a permit from the city so to do. Such permits may be granted by the council upon written application therefor, stating: (1) The name and address of the applicant. (2) The street and number or other certain designation of the place where applicant will act under the permit. (3) The name and address of the registered* pharmacist who is personally to manage the phar- macy or drug store for which the permit is sought, and (4) That such pharmacist is duly authorized to practice pharmacy in the state of Colorado under the laws thereof. Such permits shall run for a period of one year from the date of issuance, and the fee for the same shall be five dollars ($5) for each pharmacy or dnig store. 232 §399. Licenses to Other Than Individuals to State Name of Manager. (Sec. 17) Wlien tlie a|>pli- cant for a license heremicler shall be other than an individual, the aj)plication shall designate the active and responsible manager of the prescri])tion ])har- macy, hotel, or clnb, at which the applicant will act under the license; and the license, if granted, shall rim jointly to the ai)])licant and to the person so named as manager. When the person named as manager in such license shall cease to act as such manager, the license shall terminate, unless the following proceedings be had within the times herein stated, and a {lermit be issued as herein provided. Within twenty-four hours from such cessation, written notice shall be given to the council, by the other party to the license, stating: (1) That the person named as manager has ceased to act in that capacity, and (2) The name and address of the ])erson who is acting in such ca])acity. Within twenty days from such cessation, a man- ager shall be designated, and the ])erson so desig- nated, together with the other ]iarty to the license, shall make written application to the council, asking that the name of such person so designated as man- ager be substituted for the name of the person theretofore designated as manager in such license. Hearing upon such application shall be had after giving public notice substantially as ])rovided for hearings upon original ap])lications for license. The cost of giving such notice shall be paid by the appli- cants, and a sum sufficient to cover such cost shall be deposited with the city clerk at the time of filing •such application. At the time written notice is given to the council as herein provided, the council 233 ill its (lis(‘j‘etioii, issue, jointly to the person i>'iving‘ siieli noti(‘e and to tlie ])erson who is therein stated to he a(dini>- as nianag’er, a permit to act under the li(‘eiise, until the council has passed nx)on the a]^pli cation to sniistitnte, herein provided for; which permit sliall not lie for a ])eriod of more than sixty days, and sliall not be renewed or extended. In case of the termination of a license under the [irovisions of this section, a refund of the nnearned portion of the license fee shall be made. §400. Revocation and Forfeiture. (Sec. 18 ) (a) Without Cause. The council may at any time, at its absolute discretion, and without giving any reason, revoke any license, upon repayment, to the licensee, of such proportionate part of the license fee so paid by him as the time such license still has to run hears to the entire time for whicli it was granted. (h) For Cause, Where There Has Not Been a Trial in Court. For a violation of any of the provi- sions of this ordinance, by any licensee hereunder, the council, upon written complaint, verified by the complainant, and after a hearing and a determina- tion that the licensee has violated the ordinance as charged u\ the coni])laint, may revoke the license of such li('ensee and declare and cause to he forfeited to the (*ity all fees ])aid for such license; or may declare and cause such license to he suspended for any ])art of the nnexpired term for which such li(*ense was originally granted. In case of such sns- ])ension, there shall he no refund of any ]>art of the license fee to the licensee. A copy of such complaint shall l)e delivered to the licensee named in such com- plaint, not less than three days before the time for. such hearing. At the time and place mentioned in 234 siuvli notice, tlie licensee shall appear and be i>'iven an opportunity to be beard in bis defense. Both jnirties shall have the right to have process issue to conij)el the attendance of witnesses, who shall be re- (jiiired to give testiinony, if the party summoning* the witnesses shall so elect. Every such witness shall he sworn or affirmed. The member of the council presiding at such hearing shall have and is hereby given authority to administer the necessary oaths* and affirmations. No trial in court shall be deemed a necessary preliminary or prerequisite to the council’s proceeding under this subdivision of section 18. No proceeding under this subdivision of section 18, however, shall he had for an alleged violation of the terms of this ordinance, after the licensee has been acquitted of the same alleged of- fense, by a court of competent jurisdiction. (c) Conviction by Court. Whenever any licensee hereunder shall be convicted in any court of competent jurisdiction of a violation of any of the provisions of this ordinance, or of the laws of the state of Colorado, now or hereafter en- acted, relating to intoxicating liquor, his license shall thereupon ipso facto be revoked, and become null and void as if no license had ever been granted, and the license fee paid absolutely forfeited to the city; Provided, that if such conviction is reversed, set aside, or declared void by a court of competent jurisdiction, such license shall then be deemed to have been suspended and not revoked, and there shall be refunded to such licensee such proportion of the license fee paid as the period of such suspen- sion bears to the entire period for which such license was granted. §401. No License Granted When Former License Revoked. (Sec. 19) (a) Whenever any license shall 235 be revoked, under tlie provisions of siil)divisions “b” or “c” of section 18, no new license sliall be .granted or transferred to the holder of the license so revoked for a period of two calendar years from the date of such revocation. (h) Whenever any license shall he revoked under the ])rovisions of subdivisions ‘d)” or ‘^c” of section 18, or whenever any owner or lessee of any ])reniises for which a license is granted hereunder shall he convicted in any court of competent juris- diction of a violation of any of the ])rovisions here- of, no license shall thereafter, for a period of two years, he granted to any person to sell or to serve intoxicating li(pior in or upon any part of such prem- ises; Provided, that if the owner of such premises shall in good faith have taken action to evict the tenant before charges relating to the violation of this ordinance shall have been brought in any court of com])etent jurisdiction or in the council against said tenant, then the restriction forbidding the granting of any license to sell or to serve intoxicat- ing licpior u])on such ])remises shall not ap])ly. §402. No License Granted to Prescription Phar- macy Near Church, School or Playground. (Sec. 20) No license shall l)e granted for any prescription ])harniacy located within two hundred fifty (250) feet of the grounds of any church, public school, ])arochial school, or of any college having more than four hundred (400) students, or of any ])layground regularly laid out and supervised by the city or school authorities or by any incorporated play- grounds association; Provided, that such ]n’emises are regularly used for any of such ])ui*])oses. §403. Restrictions as to Keeping of Liquor by Pharmacy. (Sec. 21) It shall he unlawful for any ])erson to have, kee]) or store, or ])ermit to he had, 236 ke])t or stored, upon the premises occupied by any pharmacy or drug* store, except prescription phar- macies licensed hereunder, any intoxicating liquor whatever, other than alcohol 190 proof for medicinal pur])oses only. §404. Restriction as to Place of Storage. (Sec. ' 2 ' 2 ) p]very person licensed to sell intoxicating liquor at a ])rescription pharmacy shall keep his stock of intoxicating liquor stored in not more than two com- pact bodies upon the premises; and in no event shall he place, keep or store the same within ten (10) feet of any soda water fountain or other place where non- alcoholic liquors are served and drunk. Every licensee shall state the exact location of such liquor to any person authorized by section 28 hereof to inspect licensed premises. No licensee shall display any intoxicating liquor in any street window, or expose the same in any place whatsoever to public view. No licensee shall sell or serve intoxicating liquor in or at any place other than that mentioned in his license. §405. Prescriptions. (Sec. 23) It shall be law- ful for any pharmacist or druggist having a permit hereunder to sell alcohol 190 proof at any time in the (piantity prescribed, upon the prescription of a physician regularly licensed under the laws of the state of Colorado and in active practice. Upon the prescription of a physician regularly licensed under the laws of the state of Colorado and in active practice, it shall be lawful for a person hav- ing a license to sell intoxicating liquor at a prescrip- tion pharmacy, to sell any kind of intoxicating liquor at any time and in the quantity prescribed. 237 No more than one sale shall be made upon any ^neli i)rescription for intoxicating* liquor, except al- cohol 190 proof, and the date of such sale and the name of the i)harmacist who filled the prescription shall he written across the face of such prescription at the time such sale is made. Such original pre- scription, in every instance, shall be retained by the pharmacist, and kept on file, for at elast one year, in a special file used for such prescriptions only, and shall be subject to inspection by any of the per- sons designated by section 28 hereof. No physician shall sign any purported prescription for intoxicat- ing liquor, after such purported prescription has been filled. No physician shall give or sign any pre- scription for intoxicating liquor, unless the prescrip tion be given in good faith to a bona fide patient of such physician. No person, other than a physician regnlaiiy licensed under the laws of the state of (\)lorado and in active practice, shall make or sign a prescription or purported prescription for intox- icating liquor, within or to be used within the city. No ]ierson shall fill any prescription or purported })rescription for intoxicating liquor that is not made by a physician, duly licensed under the laws of the state of Colorado, and in active practice. §406. Restrictions as to Persons. (Sec. 24) It shall be unlawful for any licensee hereunder, or for any other person whatsoever, to sell, seiwe, distrib- ute, deliver, exchange or give away, whether for his own use or for the use of another, any intoxicating liquor to any minor, idiotic, distracted or intoxicated * person, or to any habitual drunkard, or to any. per- son after being notified in writing by the mayor, or chief of police, or by the father, mother, husband, wife, brother, sister or child of such person, not to do so, or to any student in any school, academy, col- lege or seminary of learning within the city, or to 238 any one to whom’ the sale of intoxicating- liquor is ])rohibited by the laws of the state of Colorado. §407. Minors and Women Not Employed to Handle Liquor. (Sec. 25) It shall be unlawful for any licensee hereunder to employ any minor or woman to sell, serve, distribute, or in any way handle intoxicating liquor or to permit any minor or woman einplo}^e to sell, serve, distribute, or in any way handle intoxicating liquor in or upon the licensed premises under the control of such licensee. §408. Restrictions as to Restaurants. (Sec. 26) It shall be unlawful to drink, or to permit to be drunk any intoxicating liquor in any booth, com- partment, private room or place, in, upon or con- nected with the premises occupied by any restau- rant. It shall be unlawful for any person to store or permit to be stored any intoxicating liquor in any quantity whatever in, upon, or about the premises occupied by any restaurant. §409. Drinking in Public Places. (Sec. 27) It shall be unlawful to drink or permit to be drunk any intoxicating liquor in or about any pharmacy, or upon any street, avenue, alley, park, vacant lot or grounds, or in or upon any public stairway or hall, or in any other public place whatsoever within the jurisdiction of the city. / §410. Inspection. (Sec. 28) The mayor, chief of police, any member of the council, any member of the police or detective force of the city or, any person authorized in writing by the mayor or chief of police, shall have the right and authority to in- spect and examine, at any time, all the premises of any licensee hereunder, at which intoxicating liquor may be sold or served, and all premises occupied by 239 any plianiiacy or dru^' .store for wliicli a permit shall liave l)(‘en ^-ranted hereunder. No ])erson shall re- fuse to allow the insi)eetion or examination of such pi-emises by any of the persons designated in this section. §411. Adulteration and Misbranding Prohib- ited. (Hec. 29 ) It shall be unlawful for any person to sell, exchange or barter, whether or not under pre- text of giving away or under any other pretext what- soever, or to /Serve, within the jurisdiction of the city, any intoxicating licpior which is adulterated or misbranded within the meaning of this ordinance, or of the laws of the United States, or of the state of Colorado, which have been or shall hereafter be enacted. Intoxicaiting liquor shall be deemed to be adulterated within the meaning of this ordinance: (a) If any substance has been mixed with such li <11101* so as to reduce or lower, or injuriously affect, its (juality or strength; (b) If any substance has been substituted wholly or in part for such liquor; (c) Ff any valuable constituent of such liquor has been wholly, or in part, abstracted; (d) If such liervision of the commissioner of ]:>uhlic safety, and under the general oversight of the mayor as j)rovided in the city charter. The commissioner of ]mhlic safety shall have the general management of all matters relating to the police department, and shall he con- sulted on all matters of general importance arising in said department, and lie shall hear and determine all appeals from the decision of the chief of police. §422. Chief of Police Appointment. (Sec. 3) There hereby is created the office of chief of police. He shall he appointed hy the mayor upon the rec- ommendation of the commissioner of ])uhlic safety. He shall he appointed for an indefinite term, and may he removed from office hy the mayor or liy the council as provided hy the charter. §423. Authority and Duties. (Sec. 4) The chief of police shall have the direct management and superintendence of all matters relating to the i)olice department, and all the suhordinate officers and employes therein. All memhers of the ]iolice department shall he appointed l)y the mayor, upon the recommendation of the commissioner of public safety in accordance with the provisions of the charter and the civil serv- ice ordinance and the rules adopted thereunder in force at the time of such appointment. The chief of police shall establish and keep in . the police department a system of merits as directed hy the civil service commission of all members of 247. the department, and he shall furnish a certilied co])y of the same or any ])art thereof to the civil service commission whenever demanded by the commission. §424. Custody of Property. (Sec. 5) The chief of ])olice shall have the custody of all firearms, mili- tary equipments, l)ooks, records, all personal effects taken from ])risoners taken under arrest, all (‘ontis- cated articles and all ])ro])erty belonging- to said de- partment. §425. Duty to Preserve Peace. (Sec. 6) He shall devote his whole time to the municipal affairs of the city, preserve the ])eace, order, safety, and cleanliness thereof, and to this end he shall execute and enforce all ordinances, and all orders of the mayor, the commissioner of imblic safety and of the city council and all the rules and regulations of the police department and shall not l)e engaged in any other occupation. §426. Duty to Protect Persons and Property. (Sec. 7) He shall be charged with the duty of pro- tecting the rights of persons and property, provid- ing a ])i‘ 0 ])er ]^olice force at every tire, protecting strangers and travelers at railway stations, and caus- ing to be enforced all the ordinances of the city. §427. Duty to Abate Nuisances. (Sec. 8) He shall take notice of all nuisances, im])ediments, ob- structions and defects in the streets, avenues, alleys and ])ul)lic ])laces in the city and shall remove the same or cause immediate notice thereof to be given to the proper officer whose duty it may be to take measures in relation thei*eto according to the ordi- nances of the city. §428. Divisions. Districts. Rules and Regula- tions. (Sec. 9) The (hiief of ])olice shall have the power to divide the city into ])olice divisions, dis- . 248 7 tricts, precincts and beats and make sncli assignment of officers to said beats as in ins judgment will best subserve the safety and good conduct of the city; all regulations, rules and orders of the })olice depart- ment shall be ])ronmlgated through the chief of police. §429. Rules and Regulations: Penalties. (Sec. 10) All subordinate officers and members of said de- partment shall be subject to such rules and regula- tions as shall be prescribed from time to time. A reasonable forfeiture of pay may be imposed by him under rules and regulations made by him approved by the commissioner of public safety, for any neglect of duty or misconduct on the part of any member of said department. All subordinate officers and mem- bers of said department shall be subject to suspen- sion, not to exceed ten days without pay, by the com- missioner of public safety. §430. Special Patrolmen. (Sec. 11) The mayor may ui)on the recommendation of the commissioner of public safety in time of peril, danger, riot or pes- tilence or apprehension thereof, or during any imblic election or celebration or public gathering, appoint for not to exceed sixty days, as many special patrol- men as he may deem necessary, and during the term of service, such special patrolmen shall ])ossess all the powers and privileges and perform all the duties of patrolmen of the standing police force of the city, and receive $3 per day while so in the service of the city. §431. City Employes. Special Policemen. (Sec. 12) The commissioner of public safety may recom- mend for appointment persons of suital)le character, who may be in the employment of the city govern- ment as special policemen, with such powers as may pertain to their special department, but such persons 249 so n})})()int(‘(l shall I'oceive no additional ])ay from the city fo]‘ tluhr servic'cs as such s])ecial ])olicemen. §432. Special Patrolmen for Special Duty. (Sec. 13) The (‘onnnissioner of public safety may recom- mend for a])])ointment, on tlie written application of any ])erson or ])ersons, showing* the necessity there- of, any additional nnml)er of special patrolmen, to do special duty at any fixed ])lace or district within the (*ity, at the charg-e and expense of the person or persons by whom the application is made and shall keep a correct list of all persons so appointed to- gether with the district or place to which they are appointed. Persons so appointed shall conform to and be subject to all rules and regulations governing the police force of the city and to such special rules and regulations as the chief of police may make con- cerning such special patrolmen. They shall ])ossess such powers, ])rivileges and duties at the ])laces where they are res]:>ectively appointed, as may be granted by the chief of ])olice and they may be re- moved or discharged from service at any time by the chief of ])olice without assigning any cause therefor. §433. Lost, Stolen or Confiscated Property. (^T(*. 14) 34ie chief of police shall keep a record of all property which may be seized or otherwise taken possession of by the |)olice dei)artnient of the city; and if such ])roperty so seized or taken posses- sion of shall 7iot be claimed by the rightful owner thereof and ])ossession surrendered to such owner within six months from the date of such seiz- ure or taking ])ossession of by the police department he shall ])id)lish or cause to be published in the offi- cial news])aper of this city a description of such property and shall give notice that if such ])roperty be not claimed by the rightful owner or owners thereof within ten days from date of said publication 250 sneh pro])erty will be sold at public auction at such ])lace and in such manner as the chief of police may ])rescribe, and if within ten days from the date of such publication no claim for such property de- scril)ed in such notice shall have been made by the rightful owner thereof, he shall proceed to sell such property at public auction. The proceeds of any sale or sales so made after deducting the cost of stor- age, advertising and selling, etc. shall be paid into the police relief fund. Provided, that if any property so seized or taken possession of by the police department shall be of a perishable nature or of such a nature as to make it inadvisable to retain possession thereof for the length of time hereinabove specified he may cause such property to be forthwith advertised in the official newspaper of the city and sell such property at public auction at any time after three days have elapsed from the seizure or taking possession thereof, and provided further that noth- ing in this section contained shall refer to any im- pounded animal as may be provided for in any city ordinance. §434. Suspension. Removal. (Sec. 15) When charges are preferred against any police officer or patrolman the commissioner of public safety may suspend from duty any such officer for a period not to exceed ten days. If after hearing said charges, or if for any reason the commissioner of public safety finds that it is necesary to remove from the depart- ment any member thereof, he shall in writing request the mayor to remove such person, and he shall state to the mayor the reasons for asking such removal; and if the mayor shall refuse or neglect to remove said person within ten days from the time of filing- said request, the commissioner of public safety may, in writing, request the council to remove such per- son, and the council shall take such action on said 251 re(iiiest as it finds will best subserve the interests of the police department and the public. [Ord. No. 856, passed Nov. 24, 1911.] §435. Captain of Police. (Sec. 1) The captain of ])olice shall lje under the immediate control and direction of the chief of police and when on duty shall have immediate supervision and control of the force, during the absence of the chief of police. §436. Secretary of the Department. Duty. (Sec. 2) There shall be, in the office of the |)olice de])artrnent, a person to be denominated secretary of the police department, whose duty it shall be to preserve and keep all books and papers belonging to said department or which are required by law to be filed therein. He shall perform such other duties as the chief of police may require. [Ord. No. 856, Art. 2, passed Nov. 24, 1911.] §437. Police Force. (Sec. 1) The maximum police force shall consist of such number of members as the council may from time to time determine. The members of the police department at the time this ordinance goes into force and effect shall con- tinue to fill the offices, positions and employments respectively held by them to which they have been regularly appointed until removed, replaced, pro- moted or reduced in grade as in the charter and this ordinance provided. §438. Power of Arrest. (Sec. 2) The several members of the police force of the city when on duty or upon special call shall devote the time and atten- tion to the discharge of the duties of the stations according to the laws and ordinances of the city, and the rules and regulations of the department to ])ieserve order, peace and quiet and enforce the ordi- nances throughout the city. They shall have power 252 to arrest all persons in the city found in the act of violating’ any law or ordinance or aiding* and abet- ting any such violations and shall arrest any joerson fonnd under circumstances which would warrant a reasonable man in believing* that such person had committed or is about to commit a crime. The jur- isdiction of any police officer may extend to such l)lace as the exigencies may require, or as may be re(iuired by the chief of police. They shall have l^ower and authority and it shall he their duty in the city to serve and execute warrants and other process for the summoning, apprehension and commitment of any person charged with the violation of any city ordinances or any crime or misdemeanor or offense against the laws of the city or state, or any other state or United States, and by direction of the chief of police shall return from any other locality, any person held upon warrant, issued by any justice of the peace of the city, upon orders from the chief of police. Any person so arrested shall be taken before the police magistrate, or if there is none before a justice of the peace, for examination and as soon as the office of such magistrate is open for hearing* of Such matters, and every person arrested under the authority of the city shall have the right to be taken immediately before the police magistrate, if he is to be found at his office and to give bail for his ay)- |)earance to answer for the offense charged, provided that if the y^olice magistrate is not to be found at his office and cannot be obtained, the mayor, the com- missioner of yDublic safety, the chief of police or cap- tain of police, when on duty in the night time, may take bail and ay)prove the bond until the next session of the police court. And all |3ersons arrested as aforesaid shall be confined in the city jail until brought before the police magistrate and released according to law,mnless bail be given as herein yn*o- vided. 253 §439. Duty to Aid Firemen. (Sec. 3) It shall ])e the duty of members of the police department to aid tlie lire de])artment by giving alanns in case of lire and in clearing the streets or grounds in the im- mediate vicinity of the fire so that members of the fire department shall not be hindered or obstructed ill the performance of their duties. §440. Impersonating an Officer. (Sec. 4) Any ])erson who shall falsely assume or })retend to be a ])oliceman or a member of the department of police of this city shall on conviction be fined not less than ten nor more than one hundred dollars for each of- fense. §441. Wearing Police Officer’s Uniform, Star or Using Whistle. (Sec. 5) Any person other than a regular police officer who shall wear a unifoim or ap])arel like or similar to that adopted and worn by the regular police officers, or shall use any kind of police whistle like or similar to that adopted by the police department, or shall wear a star, badge or other insignia of office like or similar to that adopted by the police officers, shall, upon conviction thereof, be fined not less than five dollars nor more than one hundred dollars. §442. Counterfeiting Badges, Etc. (Sec. 6) Any ])erson who shall counterfeit or imitate or cause to be counterfeited or imitated any badge, sign, signal or device adopted by the department of police, with- out authority so to do from the chief of police, shall l)e fined not less than ten dollars nor more than one hundred dollars for each offense. §443. Resisting Officer. (Sec. 7) Any person who shall resist any member of the police force in the discharge of his duty or shall in any way inter- fere with or hinder or i)revent him from discharging 254 •Ills duty as such officer or shall olfer or eiideav^or to do so, and ^yhoever shall in any manner assist any ])erson in custody of any member of the ])olice force to escape or attempt to escape from such custody, or attempt to rescue any person in custody shall be fined not less than ten dollars nor more than one hundred dollars for each offense. §444. Assistance by Others. (Sec. 8) It shall be the duty of all persons in the city when called upon by any police officer or any other member of the department of police, to promptly aid and assist such officer in the discharge of his duty. Whoever shall refuse to give such aid and assistance shall, upon conviction, be fined not exceeding one hundred dollars in the discretion of the police magistrate. §445. Control of Cabs, Etc. (Sec. 9) Hackmen, cabmen, omnibus drivers, draymen, porters, runners and other persons when at or about any railway depot or station or any other public place in the city shall obey the commands and directions of the police officer or officers who may be stationed or doing- duty on or about such depots or stations or other places for the preservation of order and enforcing the ordinances. Whoever shall refuse to obey the comands and directions of a police officer as afore- said shall be fined not exceeding twenty-five dollars for each offense. §446. Carrying Free of Charge. (Sec. 10) Any officer or member of the department of police when in the performance of his official duty, or going to or from his duty, may produce or show his badge to any conductor, or collector of fares upon any railroad train, street car, carrette, omnibus or other vehicle used for carrying passengers for hire within the city and when so presented it shall be the duty of any such conductor or collector of fares as aforesaid to 255 cariy Tree of (‘liarge sueli officer or meni1)er of the police (lepartinent aforesaid, from and to any point or points of destination within the city limits on tliei]- regular lines of travel. §447. Excavation in Streets. (Hec. 11) It shall he the duty of every policeman on observing or being informed of the oi)ening of or excavating in, any street or avenue to require the person making such opening or excavation to exhibit the authority or permission therefor; and, if none has been given by the ]>roper officer, or if the exhibition thereof be re- fused, such policeman shall without delay report the same to the commissioner of public works and prop- erty. §448. Accidents. Report Of, by Police Officer. (Sec. 12) Whenever any person is physically injured or any ])roperty is injured, damaged or destroyed by any accident occurring on any of the streets, ave- nues, alleys, parks or other public places of the city it shall l)e the duty of the police officer within whose district or upon whose beat such accident shall have happened, and also of the detective who may be in that vicinity or be detailed for service in that neigh- borhood, to investigate such accident and ascertain the cause of the same, and obtain the name and res- idence of the person injured, or owning the property injured or damaged, and all the circumstances of the accident, with the names and places of residence of all persons having knowledge of the occurrence, and of the cause resulting in the accident or damage, and make forthwith a report of the same to the chief of police. §449. Report of Chief of Police to Attorney. (Sec. 1o) It shall be the duty of the chief of police ui)on receipt of the report ])i*ovided for in the section above to immediately forward the said report to the 256 attorney for the city for liis further investigation. Any failure on the ])art of any ])olice officer of this city to comply with the terms and provisions of sec- tions and 13 hereof shall be sufficient cause for suspension or removal. §450. Misconduct. Penalty. (Sec. 14) Any member of the police force who shall neglect or re- fuse to perform any duty required of him by the ordinances of the city, or the rules and regulations of the de])artuient of police, or who shall, in the dis- charge of his offical duties, be guilty of any fraud, extortion, o])pression, favoritism or wilful wrong or injustice may, in addition to any other penalty or punishment imposed by law, be fined not more than one hundred dollars for each offense. §451. Patrol Wagons. Right of Way. Ob- structing. Penalty. (Sec. 15) The right of way of the streets, avenues, lanes, alleys and other public places of the city is hereby given to the police patrol wagons, ambulances, and each and every of the vehi- cles and apparatus of the police department of the city, together with the horses attached thereto and the officers in charge thereof, in all cases when in the line of duty; and it shall be and is hereby made the imperative duty of all persons occupying the streets, avenues, lanes, alleys or other public places within the corporate limits of the city with wagons, teams, horses or vehicles of any description, on the line over which any of the vehicles or apparatus named above. may be drawn, or required to go in the performance of police duty, to yield the right of way of any such street, avenue, alley or other public place to the requirements of such patrol wagon or other vehicle or apparatus of said police department, or the horses attached thereto, or the officers in charge or having control thereof. Any person or 257 persons failing*, neglecting or refusing to comply with the terms and provisions of this section, or who shall in any manner impede or obstruct the ])rogress of any patrol wagon, ambulance or any other vehicle or apparatus of the police department of the city, or the horses attached thereto, or the officers in charge thereof, shall, upon conviction thereof, be fined not less than ten nor more than two hundred dollars for each and every offense. ' [Ord. No. 856. Art. 3, passed Nov. 24, 1911.] §452. Receivii^ Gifts Prohibited. (Sec. 1) No member of the police department shall receive any gifts, mone}" or thing of value, or derive any profits, benefit or advantage, direct or indirect, from any prisoner or from any resident citizen by reason of his being a member of' the police force, or for any services rendered by him as a police officer, except his lawful compensation as such officer, and his share of the public benefit. Provided, however, pri- vate or public rewards offered from outside city lim- its may be claimed and collected by any member of the police department earning same; but such re- wards shall be turned over to the chief of police immediately, a public record shall be kept by the chief of all such matters and he shall immediately turn one-half of all such rewards collected to the in- dividual earning same and the other half shall be paid over to the police relief fund. §453. Repeal. (Sec. 2) The ordinance entitled, ‘^An ordinance relating to municipal civil service/^ passed February 23d, 1911, and the rules and regula- tions adopted and approved thereunder, shall con- tinue in full force and effect, and no provision of this ordinance shall be construed as repealing, modifying or changing any j3i*o vision of said sivil service ordi- nance or any rule or regulation adopted and ap- 258 1 proved tbereiiiider, but all other ordinances and })arts of ordinances in conflict with any of the pro- visions of this ordinance are hereby repealed. [Ord. No. 85(), Art. 4, passed Nov. 24, 1911.] ARTICLE 3. OF THE POLICE DEPARTMENT RELIEF FUND. §454. Fund Created. How Administered. (Sec. 1) There is hereby created in the city a police de- partment relief fund, which shall be administered by a board composed of the commissioner of public safety and two members of the police department, under such rules and regulations as may be approved by the council. Said board shall be designated ‘‘The Policemen’s Relief Fund Board.” §455. Election of Members. (Sec. 2) Two mem- bers of the police department shall be elected annu- ally to said board by the members of the police de- partment at such time and in such manner as may be prescribed by the rules of the board approved by the council. The commissioner of public safety shall prescribe the time and manner in which the first two members of the board shall be elected. §456. Board Trustee of Funds. Liability. (Sec. 3) The said board shall be the trustee of all moneys, securities and other property belonging to said fund and for its wrongful acts and omissions, as such trus- tee, the members thereof shall be jointly and sever- ally liable. 259 §457. President. Secretary. (Sec. 4) The com- missioner of ])iiblic safety shall be president of said hoard, and the clerk of the police department shall he secretary. The secretary shall keep a full record of the proceedings of the hoard. [Ord. No. 891, ])assed Jan. 8, 1913.] §458. Assessment of Members. (Sec. 5) There shall be paid into said fund an assessment of seventy- five cents a month by each member of the i)olice de- partment. The auditor shall deduct said sum from the ])ay due each member for the last half of each calendar month, and draw a warrant for the total amount deducted in favor of the secretary of the hoard, who shall cause the treasurer to place the total amount thus deducted each month to the credit of said fund. The warrant issued to the secretary by the auditor for said moneys shall be taken and con- sidered a full receipt by each member of said depart- ment, and neither the auditor nor the city shall be in any manner liable to any member of said depart- ment for the said sum so deducted and transferred to the treasurer for said fund. [Ord. No. 891, passed Jan. 8, 1913, as amended by Ord. No. 902, passed Apr. 2, 1913.] §459. City Treasurer Custodian. (Sec. 6) The treasurer of the city shall be custodian of all funds, securities and other pi^operty belonging to said fund, and shall be liable upon his official bond therefor. [Ord. No. 891, passed Jan. 8, 1913.] §460. Money Drawn on Warrants Issued by Auditor. (Sec. 7) The treasurer shall hold all secur- ities and other property belonging to said fund sub- ject only to the written order of said board as wit- nessed by the signature of the president thereof and attested by its secretary. The treasurer shall pay out the money in said fund only on warrants duly 260 drawn by the auditor. The auditor shall draw war- rants on said fund upon vouchers duly authenticated by the signature of the president of said board at- tested by the secretary thereof. No such vouchers shall be made, or orders made on the securities and other pro])erty held by the treasurer without a rec- ord of the same being first made in the minute book of the proceedings of the board, which shall be kept by the secretary of said board. The treasurer shall keeii such books of account and records as the board shall prescribe. All books relating to said funds shall at all times be subject to inspection by the board or any member thereof, or other person interested. Upon removal from office the treasurer shall deliver to his successor all moneys, securities and other property, including books and records be- longing to said fund, and said board shall do like- wise as to its successors. [Ord. No. 891, passed Jan. 8, 1913, as amended by Ord. No. 902, passed Apr. 2, 1913.] §461. Who Shall Receive Benefits. (Sec. 8) No person shall be entitled to the benefits of any of the provisions hereof unless he now be or hereafter be- come a member or employe of the police department of the city within the classified service of the civil service regulations, and the chief of police of the city, or a member of the immediate family of such person and dependent on him and without other means of support. §462. Board May Fine. (Sec. 9) The board shall have the power to fine any such officer, mem- ber or employe for any misconduct or breach of dis- cipline or violation of the rules or regulations of the department and to collect the same or cause it to be withheld from any amount that is or may be- come due him. 261 §463. Source of Revenue for Fund. (Sec. 10) Tliere slial] be paid into and credited to said fund money derived from the following sources: 1. All proceeds from sales of unclaimed pro])- erty. ' 2 . All moneys received from tines for carrying concealed weapons. 3. All moneys received from fines imposed upon members of the police department for the violation of law^s or the rules and regulations of the depart- ment. 4. Fifty per cent, of outside rewards collected by any member of the police department. 5. All witness fees collected by members of the police department who have limited hours of duty, for testifying, when ‘'^on duty,’’ in any criminal cases in the justice, county or district courts of El Paso County. 6. All donations and gifts which may be made to said department and all net amounts realized from entertainments given under the auspices or management of the police department. 7. A monthly assessment of seventy-five cents shall be paid into said fund every month by every officer, member and employe in said department of the city. 8. The mayor shall provide in his annual budget for, and the council shall annually appro- priate to said fund ten per centum of all moneys received, in the fiscal year next ensuing said appro- priation, from licenses upon dogs, automobiles and motorcycles, to be apportioned semi-annually, and 262 tlie mayor may estimate and tJie eoimcil ai>[)ropriate sneli additional amount to said fund annually as they shall deem necessary to maintain said fund, so that the relief benefits may be paid in accordance with the ]>rovisions of this ordinance. §464. Moneys Not Transferred to General Fund. (Sec. 11) Moneys remaining at the end of any fiscal year in said relief fund shall not be transferred to any other fund. §465. Fund, How Invested. (Sec. 12) The said fund shall be invested only in interest-bearing bonds of the United States, of the state of Colorado, or of a city of the first class in the United States, as de- termined upon and approved by the board. §466. Sick Benefits. (Sec. 13) Any member of the police department who is unable to perform the duties of the employment in said department on ac- count of injury or sickness, and who is laid off on half pay on account of such injury or sickness, shall receive one dollar a day from the relief funds above provided for such time only as he is laid off and re- ceives half pay from the city. §467. Total Disability. Payment. (Sec. 14) If any member or employe of the police department suf- fer permanent total disability caused solely by phys- ical injury received while engaged in the perform- ance of his duty in the service of said department and be thereby rendered unable to perform his duty as such officer, member or employe, or otherwise to support himself and family, he shall be retired from service, and instead of his salary from said depart- ment he shall be paid monthly from said fund an amount equal to one-half the average monthly salary he was in receipt of during one year next before the time of such injury so long as the existence of such 263 (lisa])ility may from time to time be attested to in writing- by two regularly certified practicing pliysi- (‘ians a])pointed by the board for the purpose of as- certaining the (‘ondition of such officer, member or employe. §468. When Deemed Totally Disabled. (Sec. 15) No such officer, member or employe shall be deemed to be permanently totally disabled until after the ex])iration of ninety days from the time of snfi'ering any injury, but for said period shall be deemed to be temporarily disabled only and paid his salary by said department in accordance with the rules in such case made and provided. In case, how- ever, his disability continues after suffering any injury more than ninety days, he shall for such per- iod in excess of said ninety days be conclusively deemed to be permanently disabled, ])rovided his case otherwise be within the terms of this act. §469. Benefits to Dependent in Case of Death. From Injury, (^ec. 16) If any such officer, member or employe die solely from physical injury, received while in the ]:>erformance of his duty in the service of said de])artment, leaving a family theretofore dependent upon him and then without other ade- (|uate means of support, the board shall direct the monthly i>ayments from said fund to the members of such dependent family, during the continuance of such dependent condition, a sum in accordance with the following schedule, but if the aggregate thereof in any case exceeds one-half of the average monthly salary received by such decedent during- the year next before his death, then the payments in such case shall be ])roportionately abated. The schedule, above referred to, is as follows: To the decedent’s mother. $6.00 To the decedent’s father $6.00 264 To eadi Hiild under the ai>e of 14 years, ])aya- ble to the custodian thereof $6.00 To the widow until she marries $80.00 # §470. Who May Be Retired. (See*. 17) Any inemher or employe of said department who has been in the serivee of the ])olice department in the city for twenty years or more, or is sixty years of age, may make application to he relieved from service, and if on examination by two regularly certified and ])racticing physicians, appointed by said board, the applicant shall be ascertained to be, by reason of infirmity or disability, unfit for the performance of his duties, and such facts be certified to the board by such physicians, the board shall grant such appli- cation, and, instead of his salary from the depart- ment, there shall be paid monthly from said fund to the applicant an amount equal to one-half the aver age monthly salary he received during the next year before the time of filing said application. The board may, in its discretion, retire any such officer, mem- ber or eni])loye on the terms aforesaid who has at- tained the age and been in the service as aforesaid, and by an examination as aforesaid may be ascer- tained to be unable to perform his duties, without a])plication for relief from service having been made. §471. Board May Assign Beneficiary to Per- form Duties. Compensation. (Sec. 18) The board may, in its discretion, assign any member or em- ploye receiving benefits under any of the ]>ro visions hereof to the performance of such duties in the de- partment as they might be capable of discharging, and in such cases the person so assigned shall receive as monthly benefits only the difference, if any, be- tween the monthly compensation attached to the position to which he may be assigned and one-half 265 liis monthly salary during- one year next before the time of liis disability or infirmity. §472. Benefits Pro Rated When Funds Insuffi- cient to Pay in Full.* {^'ee. 19) If at any time the money, seenrity and otlier ])roperty to the credit of said fund he insufficient to make the monthly pay- ments accruing hereunder, then the beneficiaries shall e(]iially pro rate until such time as the condi- tion of such fund warrants the payment of their ben- efits in full. Arrearages of lienefits for one year may be paid in any future year and shall enter into and form part of the basis of distribution for such year, but shall not otherwise he preferred. §473. Benefits Not Subject to Levy or Attach- ment. (Sec. 20) No portion of said fund shall before or after its order for distrilmtion he held, seized, taken or subjected to or detained, or levied ni:>on by virtue of any attachment, execution, injunction, writ, interlocutory, or, other order or decree, or any ])rocess or ])roceeding whatever issued out of or by any court, or by any court of this state, for the pay- ment or satisfaction, in whole or part, of any debt, claim, demand or judgment against any beneficiary of said fund, hut said fund shall be held and distrib- uted for the ])ui*])ose of this act and for no other pur- ])ose whatever. §474. City Attorney Advise Board. ( Sec. 21 ) It shall he the duty of the city attorney to give ad- vi(*e to the l)oard in all matters pertaining to their duties and management of said fund whenever re- quired. And he shall represent and defend said board as its attorney in all suits or actions at lavf or in equity that may he brought against it and bring all suits and actions in its behalf that may he re- (juired or determined upon by said hoard. 266 §475. Board Report to Mayor a;id Council. (Sec. 2:^) On or before the first ^loiiday of November in each year the said board shall report to the mayor as to the condition of said fund and shall on or be- fore the 15th day of »lanuary of each year make a full detailed report to the council of receipts and expenditures on account of said fund for the preced- ini>- year. §476. Council May Chang'e or Repeal. (Sec. 23) The council shall have power at any time to change or repeal any of the provisions hereof, including those prescribing the tenns, conditions and amounts to be paid to or from said fund, notwithstanding service in said department, or donation or payment into said fund of any amount by such officer, mem- ber or employe or any other person. §477. Repeal. (Sec. 24) All ordinances and parts of ordinances in conflict with any of the provi- sions of this ordinance are hereby repealed; and all laws of this state in conflict with any of the provi- sions of this ordinance hereby are superseded. [Ord. No. 891, passed Jan. 8, 1913.] ARTICLE 4. OF THE RESTRAINT OF ANIMALS, AND THE BIPOUNDING AND DISPOSAL OF ANIiMALS. §478. Running at Large. Herding. Penalty. (Sec. 32) It shall be unlawful for horses, mules, burros, cattle, sheep, swine, goats, geese, or any of 267 tlieiii to rim at lari>e or be herded within this city, inidei* ]ienalty of one dollar for each such animal so jiermitted to run at large or be herded, with the costs of impounding* as hereinafter provided, to be ])aid by the owner or person having* charge, care or kee])ing* thereof, severally and respectively. §479. City Pound. * (Sec. 33) There shall be ])i*ovided and maintained in some suitable place within or near this city, a pound for the impounding of all animals found running at large within this city, contrary to the provisions of this chapter, which shall be under the charge of the chief of po- lice. §480. Animals to. Be Impounded. (Sec. 34) It shall be the duty of the members of the police de- partment and any resident of the city over the age of eighteen years is hereby authorized to take up any such animal running at large contrary to the ])i*o visions of this chapter, and to drive or take the same to the pound, and the keeper of the pound shall receive and safely keep therein such aninials until redeemed or disposed of as provided by law. §481. Charges for Impounding. (Sec. 35) There shall be charged for pounding sustenance for each animal impounded fifty cents for each day or part thereof, in addition to the penalty of one dollar hereinbefore provided; and there shall also be charged twenty-five cents for making* the affi- davit and one dollar for posting* the notices re- (piired by law. All moneys collected by the chief of ])olice or any pound keeper under the provisions of this chapter shall be paid to the treasurer the same day as received. §482. Procedure. (Sec. 36) When any animal shall be impounded under the provisions of this 268 ctia])ter, the system of procedure in regard tliereto shall he as provided by law. §483. Persons Not to Purchase. Penalty. (Sec. 37) No ])erson shall purchase or he interested di- rectly or indirectly in the purchase of any animal taken ip), impounded or sold by him under the pro- visions of this chapter, under a penalty of not less than twenty nor more than fifty dollars for each of- fense. §484. Breaking Pound. (Sec. 38) If any per- son shall break open, or in any manner, directly or indirectly, aid or assist in or counsel or advise the breaking* open of any city pound, he shall be fined not more than twenty dollars for each offense. §485. Hindering Taker of Animals. (Sec. 39) No person shall hinder, delay or obstruct any per- sons engaged in taking to the city pound any ani- mal liable to be impounded, under penalty of not less than five nor more than twenty dollars for each of- fense. §486. Unlawful Taking. (Sec. 40) Any person who shall take or drive away any animal from any enclosed lot or tract of ground, or from any stable or other building, to the pound, or with the intent that such animal may be impounded, shall be fined not less than five nor more than twenty dollars for each offense. §487. No Perquisites. (Sec. 41) No pound keeper shall receive any other compensation or per- quisite than his salary which shall be fixed by the council. §488. Keep Pound Clean. (Sec. 42) No pound kee])er shall allow his pound or any animal therein, by reason of any want of care, food, ventilation or 269 (‘leanliness, to be or to become dangerous or detri- mental to human health. [Ord. No. 730, Chap. 7, passed A])r. 3, 1907.] §489. Herding Forbidden. Penalty. (Sec. 3) No animals shall be herded within the corporate limits of this city, and herders are hereby required to take animals to l)e herded from the owner^s en- closure and to deliver such animals back into such enclosure, and in no case shall a herder leave an animal outside an enclosure, within the city limits, unattended by a person, and any person violating aUy of the ])rovisions of this section shall, upon con- viction, be fined in a sum not less than five, nor more than twenty-five dollars for each offense. §490. Turning Animal Loose. Penalty. (Hec. -I) Any ])erson who shall turn loose upon any street, alley or outside of an en- (‘losure any horse, cattle, ass, mule, sheep, swine or goat, or any of them, within the cor- ])orate limits of this city, and leave such animals to wander about at will and unattended by a person, shall be deemed guilty of an otfense and, upon con- viction thereof, shall be fined in a sum not less than five, nor more than fifty dollars. [Ord. No. 509, ])assed Dec. 20, 1897, as amended by Ord. No. 893, passed Jan. 23, 1913.] §491. Cruelty to Animals. (Sec. 231) No per- son shall overload, overdrive, overwork, cruelly beat, torture, torment, mutilate or cruelly kill any animal or cause the same to be done. No person shall cruelly work or cruelly abandon any old, maimed, infirm, sick or disabled animal or cause the same to be done or fail to provide any animal in his charge or custody as owner or otherwise with proper food, drink or shelter. [Ord. No. 730, passed Apr. 3, 1907.] 270 CHAPTER VI OF PUBLIC OFFENSES AND PENALTIES. ARTICLE 1. OFFENSES CONCERNING THE PllBLTC PEACE. §492. Misdemeanors Defined. Penalty. (Sec. 225) Each of the following sections of this chapter shall be deemed to state a misdemeanor or misde- meanors, which if severall}^ or jointly committed by any person or persons within the territorial jurisdic- tion of this city, shall subject the offender or offend- ers severally to a penalty of not less than two nor more than three hundred dollars for each offense and the cost of prosecution. [Ord. No. 730, passed Apr. 3, 1907.] §493. Assault. (Sec. 252) No person shall com- mit an assault or assault and battery within the jur- isdiction of this city. §494. Loud Noises. Riotous Conduct. (Sec. 253) No person shall make or create any loud or un- usual noises by blowing of horns, bugles or other instruments, or by the beating of drums, kettles or other sounding vessels or instruments or by the ring- ing of bells or crying of goods tending to the collec- tion of persons on the street or sidewalk or by loud or boisterous laughing or by singing, bellowing, whoop- ing, screaming, swearing or cursing. No person shall disturb the peace of any street, avenue, alley, neighborhood or other person by conducting him- self in a tumultuous, riotous, indecent, disorderly or offensive manner. §495. Loitering. (Sec. 254) No person or per- sons shall loiter or congregate about or upon any stairway, doorway, window or in front of any busi- 271 ii(*ss oi* (hvollini>- Jioiise, tJieatre, churc'li or street eor- ii(‘r or elsewliere and by so doing obstruct or inter- Fere with the free passage of persons entering or o(‘(‘npying any such building or premises, or by tlieir language, conversation or conduct, annoy, insult or (listurl) ])ersons passing along the streets or alleys. or o(‘cui)ying, residing or doing business in any of said houses oi‘ places. §496. Keeping Dogs. (Sec. 255) No person shall k(‘e]) any dog, calf or other animal shut up or tied up in any yard, house or other place which by bark- ing, howling, bawling or other noises shall disturb the peace and quiet of any family, individual or neighborhood. §497. Breach of Peace. (Sec. 256) No person shall commit a breach of the peace or shall use any })rofane or indecent language or be guilty of any violent or threatening language or conduct tending to })rovoke a breach of the peace. §498. Disorderly Conduct. (Sec. 257) No per- son shall be guilty of any disorderly conduct, nor shall make, aid, countenance nor assist in making any improper noise, riot or disturbance; nor shall Iversons congregate together in any street, alley or public place for unlawful purposes, nor for a lawful ])urpose in a riotous or tumultuous manner to the annoyance of the citizens or travelers therein, or aid or abet the same. §499. Disturbing Religious Services. Lawful Assemblies. (Sec. 258) No person shall disturb any school or any congregation or assembly meeting for religious worship or any other lawful purpose, by making a noise or by rude or indecent behaviour or by profane discourse within such meeting or so near the same as to disturb the order or solemnity of such meeting. 272 §500. False Alarm of Fire, Etc. (See. 259) No ])ersoii shall make a false alarm of fire by outcry or by using' any bell or other vsounding instrument, nor shall any ])ei\son make any false alarm of any kind calculated to disturb the ])eace. §501. Carrying Concealed Weapons. (Sec. 260) No person shall carry or wear under his clothes or concealed about his person, any pistol, revolver, bowie knife, dirk or other deadly weapon. No per- son shall display or flourish any deadly weapon in a threatening or boisterous manner. This section shall not apply to police officers when on duty, and the mayor may grant to any and all such persons as he may think proper, license to carry concealed weapons and may revoke any and all such licenses at his pleasure. Each such license shall state the name, age, occupation and residence of the person to whom it is granted and each such license shall expire with the current municipal year. §502. Resistance to Officer. (Sec. 261) No per- son shall unlawfully resist any police officer in the discharge of his duties nor shall wilfully refuse to assist any police officer when making an arrest when called upon so to do. No person shall interfere with any police officer or any person authorized and required to enforce the laws of the city or prevent, hinder or delay such person in the execution of the duties required of him by any of the ordinances of this city or the laws of the state. §503. Interfering With Funeral Procession. (See. 272) No person shall stop, pass through or oth- erwise interfere with any funeral procession while such procession is moving. This section shall not apply to the tire department of the city in going to fires. 273 §504. Drunkenness. (Sec. 226) No person shall he intoxicated in or upon any street, alley, park, or public place or place open to public view, nor be found in a state of intoxication in any private house, building' or ])remises not occupied by such person, to the annoyance of any other person, nor when in- toxicated shall disturb the peace of the public or his own or any other family. [Ord. No. 730, passed Apr. 3, 1907.] ARTICLE 2. OFFENSES AFFECTING THE SAFETY OF PERSONS AND PROPERTY. §505. Use of Firearms and Explosives. (Sec. 241) No person shall fire or discharge any cannon, gun, pistol or other firearms or set off, fire or ex- plode any torpedo, firecracker, fireball, rocket or other fireworks whatsoever or make or kindle any bonfire, provided, however, that the mayor may by proclamation, suspend the operation of the provi- sions of this section in whole or in part on the 4th day of July or on any other day of public rejoicing; and provided, further, that the discharge of firearms by the members of any military company when on parade and in accordance with the command of the commanding officer, or by any city officer or other person in the discharge of any regular duty, or nec- essary or lawful act, the same being done in a proper and careful manner, shall not l)e deemed a violation hereof. [Ord. No. 730, passed Apr. 3, 1907.] §506. Toy Pistols. Cannon Firecrackers. (Sec. 1) It shall be unlawful for any person within the 274 I c()ri)orate limits of tlie city of Colorado Springs, to liave in possession, use, sell or give away any instni- ment, toy or weapon commonly known as a toy pis- tol, using fulminate paper caps or copper shelled blank cartridges, or to have in possession, use, sell or give away any ex])losive bombs known as cannon firecrackers. §507. Penalty. (Sec. 2) Every person convicted of a violation of this ordinance shall be fined not less than ten dollars nor more than forty dollars for each offense. [Ord. No. 673, passed June 27, 1904.] §508. Toy Weapons. (Sec. 1) It shall be un- lawful for any person within the corporate limits of the city of Colorado Springs to have in possession, or to make, use, sell or offer for sale any instrument, toy or weapon commonly known as a pea-shooter, sling or beany, made for the purpose of throwing )3rojectiles by means of elastic rubber, cords or bands, or other India rubber parts, or by means of springs or any air-gun, whether such instrument is called by any name above set forth, or by any other name. §509. Penalty. (Sec. 2) Every person convicted of a violation of this ordinance shall be fined in a sum not less than one dollar, nor more than twenty dollars for each offense. [Ord. No. 513, passed Dec. 27, 1897.] §510. Vagrants. (Sec. 230) Any person being able-bodied and not having any visible means of sup- port who is found loitering or rambling about or wandering abroad and sleeping and lodging in out- houses, sheds or stables or in the open air or shall be found trespassing in the night time' upon private premises and not giving good account of himself, or wandering abroad and going from door to door 275 or ])eggiiig- in the streets or other public ])laces and any ])erson upon whom shall be found any instrument or thing for burglarizing or for pick- ing locks or ])ockets who can not give a good account of the i)ossession of same shall be deemed a vagrant and shall be fined not less than ten nor more than fifty dollars. §511. Riding or Driving on Streets, Turn to the Right. (Hec. 242) Persons meeting each, other rid- ing or driving any horse, wagon, bicycle or other vehicle on any street, alley or public place, shall turn and go to the right so as to pass each other without collision or accident. §512. Fast and Reckless Driving. (Sec. 243) No person shall ride or drive or cause to be ridden or driven, any animal in any street, avenue, alley, or public place at an immoderately fast or reckless pace, nor shall ride or drive any such animal or any vehicle so as to come into collision with any other object or to endanger the safety of any person. All persons riding or in charge of or driving any horse or other animal, on approaching any street crossing or turning a corner on any street, avenue, alley or public place, shall hold in their animals and slacken their speed until the crossing is passed or the corner turned. §513. Horses on Sidewalk Unfastened. (Sec. 244) No person shall drive, ride, fasten or leave standing, any horse, mule or other animal on any sidewalk or leave standing unfastened any of the animals aforesaid on any street, avenue, alley or other public place, or leave any of such animals in harness or attached to any wagon or other vehicle so that said animal may be liable to run away. No person shall stop any animals or vehicles in any street, alley or other public way in such manner as 276 to prevent other animals, vehicles or persons passing- at all times; or stop any animals or vehicles at the regular crossings of streets so as to prevent free access for foot passengers. This section shall not be construed to prevent any person from riding or driving over any sidewalk into any lot by the usual mode of ingress or egress for vehicles. §514. Bicycles. Riding on Sidewalks. Parks. (Sec. 245) No person except upon permit of the may- or, shall ride any bicycle or motorcycle on any side- walk or in any park. No person shall ride any bi- cycle or motorcycle in any street, alley or avenue at a fast or reckless speed or so as to endanger the safety of any other person. [Ord. No. 730, passed Apr. 3, 1907.] §515. Rules of the Road. Exceptions. Duty of Police. Of Garages, Etc. (Sec. 1) The owner, operator, driver or person in charge of any carriage or other vehicle driven, drawn or propelled upon the streets of the city of Colorado Springs, shall con- form to and observe the following rules of the road upon all streets, alleys, avenues and public places in the city of Colorado Springs. 1. A^ehicles shall be driven in a careful manner and with due regard for the safety and convenience of other vehicles and pedestrians. 2. Adelaides shall keej) to the right side of the street except when necessary to turn to the left in crossing or in overtaking other vehicles. Where streets are parked in the center, and have roadways of not less than twenty-five feet in width on each side of the parking, each roadway shall, for the pur- poses of this rule, be considered a street. 3. ^ Ahhicles meeting shall pass each other to the right. 4. \'ehicles overtaking other veliieles, except when the overtaking vehicle is a street car, shall kee]) to the left of the overtaken vehicle in passing. When the overtaken vehicle is a streetcar, the driver of the overtaken vehicle may pass to the left or to the right of it as the condition of traffic in the street at the time may make it safer or more convenient. The driver of the overtaking vehicle, however, shall keep his vehicle at not less than four feet from the running board of the streetcar in passing, and, when the streetcar overtaken is stopping for the purpose of taking on or discharging passengers, the driver of an automobile or motorcycle shall give an audible signal of his approach, and drivers of other vehicles shall, so far as practicable, give audible or visible signals of their approach. Drivers of all vehicles when approaching a street car which has stopped, shall proceed with great caution, and shall, unless the roadway is sufficiently unobstructed to make it safe to pass, stop until the streetcar has started again. 5. A'ehicles moving slowly shall keep as close as possible to the curb on the right, allowing more swiftly-moving vehicles free passage to their left. (). Drivers of vehicles shall, before turning, stopping or changing their course, make sure that such movement can safely be made. 7. Vehicles turning to the right into another street shall ]:>ass and turn the corner as near to the right hand curb as possible. 8. Vehicles turning to the left into another street within the tire limits (and elsewhere in the city, whenever necessary to avoid traffic approach- ing on the other street) shall, in turning, ]>ass to the 278 of and beyond the interseetion of the center lines of tlie two streets. 9. \'ehieles crossing' from one side of the street to the other, within the tire limits, shall do so by turning to the left so as to head in the same direction as the traffic on that side of the street toward which the crossing is made. ( * 10. No vehicle shall stop within the tire limits with its left side to the curb. 11. No vehicle shall be driven through a pro- cession except with the permission of a police offi- cer. 12. No vehicle shall cross any main thorough- fare, within the tire limits, or make any turn thereon at*a greater speed than eight miles per hour. 18. No vehicle used for the transportation of goods or merchandise shall remain backed up to or standing at the curb except when actually loading or unloading, and in such case, no longer than the actual unloading or loading requires. The horse or horses attached 'to the vehicle backed up to the curb shall be turned at right angles to the vehicle and facing in the direction in which the traffic upon that side of the street is moving. Id. No vehicle vshall remain standing at the curb or on the roadway of any street so as to impede traffic or obstruct free access to the street, and any vehicle so standing at the curb or in the roadway, shall move away at the request of a police officer or the owner of the abutting ])roperty. 15. No vehicle shall stop on any crosswalk for a longer period than necessary to permit the occu- pant to alight or persons to enter said vehicle, or in 279 siieli manner as to obstruct free i)assage upon said ('rosswalk. ,1(). No vehicle shall stop on any street except within two feet of the curb, or in such a way as to obstruct free passage of the street. 17. The drivers of any vehicle shall sto]> upon the signal of a police officer. 18. The officers and men of the fire department, with their fire apparatus of all kinds, when on duty or going to or returning from a fire, and the officers and men and vehicles of the police department and all ambulances and patrol wagons shall have the right of way in any street and through any proces- sion, exce])t over vehicles carrying the United States mail. 19. No vehicle shall be allowed to remain u])on, or be driven through any street of the city of Colo- rado Springs so as to wilfully blockade or obstruct the said street, and no vehicle shall be so overloaded that the horse or horses or motive ])ower shall be un- able to move it readily. 20. No vehicle used exclusively or primarily for advertising purposes or displaying advertising matter shall be allowed in the fire limits, without permission of the mayor or chief of police. 21. The police department shall have full pow- ers and duties in relation to the management of vehicular traffic in The city. 22. The ])olice department shall see that this ordinance is ])osted in all ]mblic stables and at all garages, and shall keep copies of them at all of its stations and issue them ui)on application. And it shall be the duty of the owners and persons in charge of all ])ublic stables, garages and other stables where 280 vehicles are ke])t foi* hire, to see that tiiis ordinance is kept ])osted therein. It also shall be the duty of all ])ersons keejung- and operating delivery wagons, truck, and similar vehicles to keep a copy of these regulations posted in conspicuous ])laces in their res])ective stables. §516. Penalties. (Sec. 2) Any person or ])ersons violating any of the provisions of this ordinance shall, upon conviction thereof, be fined not more than twenty-five dollars and costs for the first offense, and not more than fifty dollars and costs for any subse- quent offense, and, in cases of wilful and persistent violations of this ordinance, may, u])on conviction, be imprisoned in thp city jail for not more than sixty days, and the court may, in its discretion, suspend or revoke any license held from the city l)y the per- son so convicted, to operate any vehicle or vehicles within the city, or any license from the city permit- ting the use of the vehicle with which the offense is committed. [Ord. Xo. 750, passed A])i*. 13, 1908.] §517. Flaying Ball and Sports in Streets. (Sec. 2-f6) No person shall in any street or avenue, ])lay ball, fly kites, throw stones or engage in any sport likely to frighten horses, injure other people, embar- rass the passage of vehicles or obstruct the passage of other people, nor throw any stone or otlier missile u|)on or at any building, tree, or other public or pri- vate property, or at any ])erson in oi* upon any street, avenue, sidewalk, park or other ])ublic ])lace. §518. Getting On or Holding To Cars. Vehicles. (Sec. 247) No person shall seize, hang upon, get upon, hold, tie, or fasten to any streetcar, railroad car, carriage, buggy, wagon or other vehicle or con- veyance while the same is in motion, or attem]d 'so to do. \ §519. Leaving Cellar Doors and Other Open- ings Uncovered or Unsafe. (Sec. 24-8) No person sliall leave open, niu'overed, unguarded or in an un- safe (‘onditioii, any cellar door, hatchway, pit, vault or ex('avatiou u])on or adjoining any sidewalk, street, alh‘y or ])uhlic ])lace. §520. Scaffolds to be Safely Built. (Sec. 249) No ])ersoii shall huild, maintain or use, or cause to be built, maintained or used, any scaffold or plat- form for use in tlie erection or repair of any build- ing or other thing, in an insufficient or unsafe man- ner, or that for any cause shall be dangerous or un- safe to persons u))on or using the same or ])assing hy or under the same. §521. Trees to be Trimmed. (Sec. 250) No owner of any house, building or ])reniises shall per- mit the l)ranches of any shade, ornamental or other tree to ]u-oje(*t over any street, avenue or sidewalk in front or alongside of such building or premises lower than seven feet from the surface of such street, avenue oi* sidewalk. §522. Awning to be Kept Free from Dirt. (Sec. 251 ) No owner or oc(mpant of any house or building shall permit tlie awning in front or alongside of such house or other place to accumulate any snow, ice, dirt, filth, ])a])er, rags or rul)hish of any kind. [Ord. No. 7M0, ])assed A])i*. 2 , 1907.] §523. Passenger on Motorcycle. (Sec. 1) It shall he unlawful for any person to o])erate or drive any niotoi'('y(*le in this city having any other ])erson or ])ersons seated on said motorcycle in front of the operator or driver. §524. Penalty. (Sec. 2) Any ])erson violating aiiy of the ])rovisions of this ordinance shall, on con- 282 viction, be lined not less than two nor more tlian lifty dollars. [Ord. No. 90b, passed Apr. ' 2 ?>, 191d.] . t §525. Telephone Companies Must Provide Slugs or Other Devices. (See. 1) It shall he unlawful for any telephone company to install or maintain in this city any telephone known as the “nickle-firsV’ tele- phone that requires the deposit of a nickel hy the user of such telephone before connection can be made with the central telephone office, without furnishing free to the telephone subscriber at least three slugs or other devices adapted to connect said telephone with the central office in case of lire or police emer- gency calls. §526. Slugs or Other Devices to be Used Only to Call Fire or Police Departments in Cases of Emergency. (Sec. 2) It shall be unlawful for any per- son, firm, association or corporation, to use the slugs or other devices furnished by a telephone company })rovided for in section 1 of this ordinance for any other purpose than to call the fire or police depart- ments of the city in cases of emergency from nickel- first telephones. §527. Penalty. (Sec. 3) Any person, firm, asso- ciation or corporation violating any of the provi- sions of this ordinance shall, on conviction, be fined not less than one dollar nor more than fifty dollars for each olfense. [Ord. No. 889, passed Dec. 24, 1912.] §528. Hatpins. When Unlawful. (Sec. 1) That no person while on the public streets or ways of the city, nor while riding upon any streetcar running from place to place within the city, nor in any ele- vator operated in any building in the city to which the public is admitted, *shall so wear any hatpin that the exposed point thereof shall protmde more than 283 oiie-lialf inch ])eyond the crown of the hat in, upon or through which such hatpin is worn. §529. Penalty. (Sec. 2) Any person violating’ any of the provisions of the foreg'oing section shall, ii])on conviction, he fined in any sum not exceeding- fifty dollars for each offense. [Ord. No. 918, passed Oct. 22, 1913.] ARTICLE 3. OFFENSES CONCERNING PUBLIC MORALS AND DEC^ENCY. §530. Indecent Exposure, Behaviour, Books, Pictures, Shows. (Sec. 227) No ])erson shall he or ap])ear in or upon any street, avenue, alley, ])ark, ])id)lic place or place o]:»en to ])ul)lic view in a state of nudity or in a dress not l)elonging to his sex or in any indecent oriewd dress, or be guilty of any un- seemly, obscene or filthy act, or of any lewd, inde- (‘ent, immoral or insulting conduct, language or l)e- havioni-. Or shall exhibit, distribute, sell, offer or ex])ose for sale or give or deliver to another or cause the same to be done, any lewd, indecent or obscene book, picture, ])amphlet, card, print, paper, writing, mold, cast, figure or other thing, or shall exhibit, circulate, distribute, give, sell, offer or expose for sale or cause the same to be done, any pamphlet, book, circular, picture, card, print, ])aper, writing, mold, cast or figure treating or illustrating any of the diseases of the sexual organs; or cause or allow to be exhibited or ]>erformed in or upon any house, building or premises owned or occupied by him or under his management or control, any lewd, indecent oi* immoral play or other representation. 284 §531. Indecent Exhibition of Animals. (Sec. l228) No ])ersoii sliall indecently exhibit or cause or allow to be indecently exhibited, any stallion, jack, bull, boar or rani, or publicly or in view of others let or cause or allow to be let any such animal, dog* or other animal to any animal of the opposite sex. [Ord. No. 7o0, ])assed Apr. 3, 1907, as amended by Ord. No. 920, passed Nov. 12, 1913.] §532. Bathing in Public Place. (Sec. 229) No ])erson being naked or insufficiently clothed, shall bathe, wash or swim in any stream, reservoir, lake, pond or pool between one hour before sunrise and one hour after sunset. §533. Medical Advertisements Prohibited. (Sec 56) No person shall post, or cause to be posted, on any advertising wagon or upon or in any place within the city where the same can be seen from the streets, alleys or other public places of the city, or within any park belonging to the city, any adver- tisement, handbill or notice, giving or purporting to give information from whom or where medicine or remedies of any kind may be obtained for the cure, prevention or treatment of uterine diseases or dis- eases peculiar to females, venereal diseases, abortion or miscarriage, or articles or means of preventing- conception, under a penalty of not less than twenty- five nor more than fifty dollars for each offense. §534. Obscene Pictures Prohibited. (Sec. 57) No person shall post or cause to be posted within the city so that the same can be seen from the streets, alleys or other public places, or within any park belonging to the city, any advertisement con- taining pictures or illustrations of an obscene, in- decent or immoral character, under a penalty of not less than twenty-five nor more than fifty dollars for each offense. 285 §535. Commit Nuisance. (Sec. 234) No person sliall witliin the enclosure of any hotel, house or other hnilding’, constructed or in the course of con- struction, or upon the walls, floor or furniture there- of within this city, or upon any street or sidewalk, (‘oinmit any nuisance. §536. House of Illfame. Disorderly House. (Sec. 235) No i)erson shall keep or maintain a house of illfaihe or assignation house or place for the prac- tice of fornication or lewdness. No person shall pat- 1 ‘onize or be an inmate of the same, nor let, own or he interested as proprietor or landlord in any house, room or other premises used for any such purpose or shall keep a common, ill-governed or dis- orderly house to the encouragement of idleness, gam- ing, drinking, fornication or other misbehaviour. §537. Soliciting. (Sec. 236) No female shall solicit or receive visits or patronage as a prostitute upon any street, alley or other public place or in any ])ark or building within the city and no male person shall cohabit with any lewd person or prostitute within this city. §538. Dances, Etc. (Sec. 233) No person shall conduct or carry on any dance or skating rink or other like amusement or entertainment where lewd ])ersons resort or assemble. §539. Gaming. (Sec. 237) No person shall play for money or other valuable thing, at any game with cards, dice, billiards, or with any other article, in- strument or thing soever which may he used for the ])ui*pose of playing or betting upon or winning or losing any money or any other thing of value, nor sliall bet upon any game others may he playing. No ])erson shall keep a gaming house, or in any building or other place by himself or his agent used or occu- 286 ])ied, procure or permit any persons to freciuent or (‘ome together to play for money or other valuable thing at any game, nor shall keep nor suffer to be kept, any table or other apparatus for the purpose of playing at any game or sport for money or any valuable thing, nor shall keep nor rent any such place for any such purpose. The chief of police may seize or cause to be seized, any instrument, device or thing used for the purpose of gaming or by own- ing or using which money or other property or thing of value may be lost or won and all such instruments, devices or things shall be demolished or destroyed as the mayor shall direct. Every clock, tape ma- chine, slot machine or other machine or device for the reception of money on chance, or upon the action of which money is staked or hazarded, bet, won or lost, is hereby declared to be a gambling device. §540. Disorderly Houses May Be Entered Forcibly. (Sec. 238) If the owner or keeper of any disorderly or gambling house or any house or place reasonably supposed to be such, shall refuse to per- mit the chief of police or any police officer to enter such house, it shall be lawful for such officer to enter or cause the same to be entered by forcibly breaking the doors and to arrest with or without warrant or process, any and all persons found there- in, violating any of the provisions of this chapter or subject to reasonable suspicion thereof. §541. Dog Fights. (Sec. 239) No person shall engage in or be in any manner concerned with any dogfight, cockfight or any fight between animals, fowls or birds, or shall allow or permit any such fight in or upon any house or premises in his pos- session or under his control. §542. Opium Joints. (Sec. 240) No person shall keep a room or place where any person is supplied 287 nt miy time, with or without eliarge, with opium or any drug- or mixture of which opium is a compo- nent part, to he smoked, or shall supply any person with facilities to smoke o])ium or any such mixture or dnii>-, or where such i)erson so supplied does smoke such opium, drug' or mixture as aforesaid. I Ord. No. 730, ])assed Apr. 3, 1907.] §543. Opium Den. Owner of Premises. Pen- alty. (Hec. 1) Each and every person who shall kee)), set up, maintain or open in this city any house, room, l)uilding, tenement, arbor, booth, tent or place of any description for the smoking of opium, or any preparation thereof, or who shall be an inmate or fre(iuenter of, or who is in any way connected with any such house, room, building, tenement, arbor, both, tent or place, or who shall contribute to its sup- port ; and each and every person who shall permit any such house, room, building, tenement, arbor, booth, tent, premises or place in his possession, or under his control, to be used or occupied for any such pur- })ose; and each and every person who shall suffer any house, room, building, tenement, arbor, booth, tent, ])remises or place which is to be used for such purpose to stand, be set up or opened upon any lot or lots, parcel or parcels of ground within this city, owned, held, possessed or controlled by him, shall, on conviction thereof, be fined not less than ten nor more than three hundred dollars for each and every offense. And every day for which any person or persons shall keep any house, room, building, tenement, ar- bor, booth, tent or place of any description to be used or occupied for the purpose aforesaid, or shall knowingly allow any such house, room, building, tenement, arbor, booth, tent, premises or place, in his possession or under his control^ to be used or oc- 288 eu})ied for the purpose aforesaid shall he deemed and held to l)e a separate and distinct offense. | Ord. No. 482, })assed Aug. 10, 1896.] ARTICLE 4. OFFENSE AFFECTING THE WELFARE OF CHILDREN. §544. Child, Abuse or Neglect of. Penalty. (Sec. 1) Any person having the care or custody of any child, who shall wilfully cause or permit the life of such child to be endangered or the health of such child to be injured, or the morals of such child to be impaired; or who shall wilfully cause or permit such child to be placed in such a situation, business or occupation that its life, health or morals shall be endangered; or who shall wilfully abandon such child, or shall torture, torment, cruelly punish or wilfully or negligently deprive it of necessary food, clothing or shelter, or in any other manner shall un- necessarily injure such child, shall, upon conviction, be fined not less than $10 nor more than $200 for each offense. [Ord. No. 644, passed May 18, 1903.] §545. Children Out at Night. (Sec. 1) It is hereby made unlawful for any person under fifteen years of age to be or remain in or upon any of the streets, alleys or public places in the city of Colo- rado Springs, Colorado, at night after the hour of nine o’clock p. m. from March 1, until August 31 inclusive of each year; and from September 1 to the last day of February, inclusive, of each year, after the hour of eight o ’clock p. m. unless such per- 289 son is accompanied by a parent, g’uardian, or other ])erson havini>‘ the legal custody of such minor per- son, or is in the performance of an errand or duty directed by such parent, guardian or other person having the care and custody of such minor person, or whose employment makes it necessary to be upon said streets, alleys or public places during the night time after said specified hours; ])rovided, this ex- ception shall not apply when the person under such age shall be playing, or unnecessarily loitering in or upon any such street, alley or public place. Any person violating the provisions of this section shall, on conviction, be lined in any sum not to ex- ceed five dollars for each offense and stand commt- ted until such fine and costs are paid. §546. Parent. Guardian. Neglect by. Penalty. (Sec. 2) It is hereby made unlawful for any parent, guardian or other person having the legal care and custody of any person under fifteen years of age, to allow or permit any such child, ward or other person under such age, while in such legal custody to go or be in or upon any of the streets, alleys or public places in said city within the time prohibited in sec- tion 1 of this ordinance unless there exists a reason- able necessity therefor. Any person violating the provisions of this section shall, on conviction, be fined in any sum not exceeding ten dollars for each offense, and stand committed until such fine and costs are paid. §547. Duty of Police. (Sec. 3) Each mem- ber of the police force, while on duty, * is hereby authorized to arrest without warrant any x^erson wilfully violating the provisions of sec- tion 1 of this ordinance, and retain such jDerson for a reasonal)le time, in which complaint can be made and a warrant issued and served. 290 Be it further ordained that no child or minor person, arrested under the provisions of this ordi- nance, shall be placed in confinement until the par- ents or i>nardian of such minor person shall have been notified of such arrest and shall have refused to be held responsible for the observance of this or- dinance by said minor person. [Ord, No. 484, passed Sept. 7, 1896.] ARTICLE 5. OFFENSES CONCERNING PUBLIC WAYS AND PARKS AND CEMETERIES. §548. Excavations in Streets Forbidden. (Sec. 263) No person shall dig or make any ditch, drain or other excavation, or remove any sod, earth, sand, gravel or stone in, upon' or from any street, avenue, alley, park or public ground, unless he shall first secure a permit from the mayor so to do. §549. Depositing Rubbish in Streets. (Sec. 266) No person without permission from the mayor, shall place or cause to be deposited on any street, alley or public place in this city, any ashes, paper, rags, rinds, peelings or fruit, sticks, blocks, posts, boards, lumber or building material of any kind, shavings, dirt, tin cans, junk or other rubbish of any kind or description, or allow the same to be thrown, placed or deposited in or upon any street or avenue adjacent to any premises, owned, leased or con- trolled by him, and no person shall burn leaves or rubbish of any kind upon any street or avenue or public place within this city, nor at any place 291 .soever, within the fire limits thereof, and no box, barrel or other receptacle for dirt, ashes, paper or other rubbish shall be placed or allowed to remain in or upon any street or upon any sidewalk. §550. Littering Streets Forbidden. (Sec. 267) All persons hauling dirt, sand, gravel, ashes, rubbish or other material on the streets or alleys shall so construct, keep and maintain their wagons as to l)revent the spilling of such material. No person shall throw or place upon any street, avenue, alley or sidewalk, any glass, earthenware, metal, stones or other articles or substance likely to cause injury to travelers or pedestrians or to bicycles. §551. Sprinkling on Sidewalk. (Sec. 270) No person shall leave any hose or sprinkler so that the wmter therefrom shall run on or across any sidewalk in this city. §552. Injury to Parks, Etc. (Sec. 269) No per- son shall injure, ruin or destroy any tree, shrub, plant, flowerbed or grassplot or pluck or take away any flower, tree, shrub, from any park, or injure or deface any of the seats, signs, waterworks, buildings or fixtures or other property in said parks or take away, injure or destroy any tools, hose or other im- plements used in the care of such parks, or in any way meddle or interfere with the fixtures or build- ings therein, without lawful authority so to do. Or turn any horse, cow or other such animal or allow the same to go into any such park. No person shall throw upon or in any park, any peanut shells, pop- corn, banana skins, orange peelings, paper bags or refuse or litter of any kind. §553. Molesting Birds in Parks. Penalty, (Sec. 58) No person shall within the city or within any of the parks belonging to the city, shoot at, hunt. 292 kill, take, (‘apture, net, trap or in any other manner molest or injure any robin, lark, whippoorwill, finch, thrnsh, wren, marten, swallow, raven, oriole, king bird, mocking bird, or in any manner molest or injure the nest, eggs or young of any such bird, or have in his possession the nest, eggs, young or body of any such bird, under penalty of not less than one nor more than ten dollars for each offense. §554. Trespass, Etc., in Cemetery. (Sec. 273) No person shall make or create any loud or unusual noises or any disturbance of any kind within Ever- green cemetery. No person shall shoot any firearms within or into, or deface or injure any tomb, monu- ment, stone or coping or shall pull down, cut, break, injure or destroy an}^ tree, plant, shrub, flower or grass or injure or destroy any gate, post, railing or fence, or walk over or trample upon any grave of sit upon or lean against any monument or coping, or take, remove or carry away any flowers or plants placed upon any grave within said cemetery. [Ord. No. 730, passed Apr. 3, 1907.] §555. Fishing in Certain Reservoirs. Rules. (Sec. 1) It shall be unlawful for any person to catch or take any fish in Prospect Lake reservoir, or in Pike View reservoir, owned by the city of Colorado Springs, until such time as the council shall by res- olution, duly adopted, authorize and permit the catching or taking of fish in said reservoirs and pro- vide the rules and regulations governing the fishing in said reservoirs. [Ord. No. 845, passed May 17, 1911.] §556. Cheyenne Park. Automobiles and Motor- cycles Forbidden. (Sec. 1) No person shall drive or move, or cause to be driven or moved, any automo- bile or motorcycle within the limits of Cheyenne park, except on such roads or ways as shall be des- 293 ii>iiate(l therefor by tlie mayor of the city of Colo- rado Spring's. §557. Penalty. (Sec. 2) Any person who vio- lates any of the provisions of this ordinance shall on conviction of snch violation be fined in a Snm not less than ten dollars nor more than fifty dollars. [Ord. No. 720, passed Oct. 1, .1906.] ARTICLE 6. OFFENSES AFFECTING PUBLIC AND PBT- \ ATE PROPERTY. §558. Destruction or Injury of Public Property. (Sec. 262) No person shall wilfully or maliciously destroy, injure, deface or interfere with any bridge, engine house or other house, fire engine, fire hose, hose carriage or other property of said city or any public property or public work. §559. Breaking or Opening Sewer. (Sec. 264) No person shall break or make any opening in or in any manner injure or interfere with any of the main drains or sewers belonging to this city or connect any drain, sewer or pipe therewith without permis- sion from the council. §560. Injury to Trees, Fences, Etc. (Sec. 265) No person shall wilfully or carelessly destroy or injure any tree, shrub, fence, railing, pole or wire of the city or of any electric light, telephone or street railway company, or in any manner cause the same to be done, or fasten any horses or other animals to or so near any tree, shrub, fence or railing as to render the same liable to destruction or injury by such horse or other animal. 294 ^ §561. Posting Bills to Telegraph Poles. (Kec. 268) No person shall post, ]>aste or in any other way attach or affix any bill, notice, annoiinceinent or advertising niedinin to the pole of any telegraph, telephone, electric liglit or street railway company without a permit from the owner thereof, nor to any pole belonging to the city. . §562. Where Prohibited. Penalty. (Sec. 55) No person shall paste, post, print, paint, nail or oth- erwise fasten any handbill, sign, poster, advertise- ment or notice of any kind whatsoever, or cause the same to be done, on any curbstone, flagstone, or any other part of any sidewalk, or street or upon any tree, lamppost, hitching post, telegraph, telephone or electric light pole, or pole nsed to support trolley wires, hydrant, l)ridge or upon any strnctnre within the limits of any street or alley in this city, or with- in any park or public place belonging to the city, except vSnch as may he required by the ordinances of the city; and no person shall paste, post, print, paint, nail or otherwise fasten any handbill, sign, poster, advertisement or notice of any kind, or cause the same to he done, upon any ]n-ivate wall, window, door, gate, fence, advertising hoard or sign, or npon any other private strnctnre or building unless he is the owner, agent or lessee thereof, without the con- sent of the owner of such wall, window, fence, gate, advertising board or sign or other private building or structure. When any handbill, sign, poster, ad- vertisement or notice of any kind shall he found pasted, posted, i)finted, ])ainted, nailed or otherwise fastened on any curbstone, flagstone, or any other portion of any sidewalk or npon any tree, lamppost, hitching post, telegraph, telephone or electric light pole, or pole used to support trolley wires, hydrant, bridge or upon any private wall, window, door, gate, fence, advertising board or sign, or other private 295 or structure, in any way advertising any person or cor])oration, the finding* of sn«di handbill, sign. ])oster, advertisement or notice siiall be prima facie evidence that it was pasted, posted, printed, painted, nailed or otherwise fastened by the ])eison thereby advertised. Any person violating any of the provisions of this section shall he fined not less than five nor more than fifty dollars for each offense. §563. Injury to Property of Another. (Sec. 271) No person shall wilfully break, deface, destroy or injure any house, building, sho|) or any door, or window therein, or sever therefrom or from any gate, fence or enclosure or any part thereof, any material of which it is formed, or shall sever from the freehold, any produce thereof or anything at- tached thereto, or shall pull down, injure or destroy any gate, post, railing or fence or any part thereof or cut down or break or otherwise injure any tree, shrub or ])lant being the ])i*operty of another, or wil- fully cut, l)reak, destroy or in any manner injure any goods, wares, merchandise or other personal prop- erty of another. [Ord. No. 730, passed Apr. 3, 1907.] ARTICLE 7. OFFENSES CXINCERNING THE OBSER\A\N(^E OF ST^NDAY. §564. Sunday Observance. (Sec. 232) No })er- son shall open, conduct or carry on any theatre, circus, show, game of hall or public sport or enter- tainment for pay within the jurisdiction of this city 296 on Sunday. No person shall keep open any barber shop or enga£>’e in or carry on the l)nsiness of bar- bering- in any sliop, room or other place within the city on Sunday. [Ord. No. 730, passed Apr. 3, 1907.] §565. Barbering on Sunday. (Sec. 1) No per- son shall keep open a barber shop, or engage in or carry on the business of barbering in any barber shop, room or other public or private office or place within the city limits of Colorado Springs, or upon any of the public streets, alleys or any other public or private place in the city, on the first day of the week, usually called Sunday. §566. Penalty. (Sec. 2) Any person violating any of the provisions of this ordinance, shall, upon conviction, be fined in a sum not less than five dol- lars nor more than fifty dollars for each otfense. [Ord. No. 496, passed June 7, 1897.] §567. Certain Work Prohibited on Sunday. (Sec. 1) It shall be unlawful for any person, firm, as- sociation or corporation to engage in hauling bulky commodities, except mail, express or baggage by wagon, cart or electric truck, or to engage in public construction work on Sunday, except when required by necessity; or to engage in any labor on Sunday whereby a meeting or the public are disturbed, un- less required by necessity. §568. Unlawful to Keep Open Certain Stores on Sunday. (Sec. 2) It shall be unlawful for any per- son, firm, association or corporation to keep open or to cause any i)erson to keep open any store for the sale of merchandise on Sunday, except when re- (piired by necessity; but nothing in this section shall prohibit any person, firm, association or corpo- ration from keeping open for the legitimate and or- 2Q7 (l(‘rly transaction of business any liotel, restaurant, l)oai‘(lini»- house, bathhouse, eoufeetionery, retail (lrui>‘ stoi'e, liv(*ry stable or i>-ara,4>’e or prevent the sale or delivery of ini Ik, cream, icecream, fresh fruits, hakery aidicles, ])repared tol)ac(*o or ]iapers on Sun- day. §569. 'What Property May Be Cared for on Sun- day. (Se(‘. d) Nothini>* in this ordinance shall he ('onstrued as ])rohi])itini>‘ the doin<>- of anything' nec- essary foi' the ])i*o])er care of animals, perishable foods or commodities, for the preservation of life or property or for the welfare of the general public on Sunday. §570. Exemption of Those Who Observe Some Other Day. (Sec. 4-) If any person, firm, association or corporation observes the seventh day of the week as the Sabbath, and actually refrains from labor as' herein siiecified on that day, or closes his or its place of Inisiness on that day, he or it shall not be liable to the provisions of sections 1 and 2 of this ordinance, unless the labor shall be of a character to disturb the pea(‘(‘ and (piiet of the pnblic on Sunday. §571. Employes Given One Day of Rest in Seven. (Sec. 5) It shall be imlawfnl for any ]ierson, hrm, association or cor])oration to recpiire or to ])er- niit any person in his or its employ to work for him or it on Sunday, unless the person so employed has had a full day off from labor of such eiu])loyer or has had off as many working hours during the ]n-e- (‘eding six days, as he is recpiired to work on Sun- day, or unless an nnforseen emergency has arise'n which renders the labor of the employe necessary on Sunday, and in the event of the em])loyment on Sunday from such emergency or from necessity, the eiu])loyei' shall recpiire the em])loye to take one full 298 (lay or as many boars off from bis working' boars (hn'iag- tbe next sac(‘eediai>- six days as saeb employe worked oa Saaday. The provisions of this section sliall apply to 1)otli day and aig’bt work, but shall not apply to general managers or superintendents where tbe character of the work requires continuous supervision; or to persons employed in domestic service or in the care of children or the sick who are afforded by their employers reasonable opportunity for rest and recreation in the usual course of their enqboyment. [Held unconstitutional by County Court.] §572. Penalty. ( Sec. 6) Any person, firm, as- sociation or corporation who shall violate any of the provisions of this ordinance, shall, on conviction thereof, lie fined in any sum not less than five nor more than one hundred dollars for each offense. §573. No Repeal. (Sec. 7) This ordinance shall not repeal any other ordinance of this city relating to Sunday or Sunday observance, but shall be con- strued as being supplemental to said ordinance. [Ord. No. 904, passed Apr. 1, 1913.] CHAPTER VII OF THE FIRE DEPARTMENT, 'AND MEASURES' FOR THE PREVENTION OF FIRES. ARTICLE 1. ESTABLIStHMENT AND ORGANIZATION OF THE FIRE DEPARTMENT. §574. Fire Department Established. (Sec. 1) There is established in the department of public 299 safety of the city a suh-department to be known as tlie fire department, which shall be composed of the ('ommissioner of public safety, chief of the fire de- ])artment, and such other subordinate officers, fire- men and other em])loyes as may be determined by the commissioner of public safety to be necessar^^^ to ])rotect the city against fire. §575. Commissioner of Public Safety, Manager. (Sec. 2) The fire department shall be under the man- agement and general supervision of the commis- sioner of public safety, and under the general over- sight of the mayor as provided in the city charter. The commissioner of public safety shall, in the exer- cise of his powers as manager of the fire department, have full, complete and exclusive authority to ex- pend for and on behalf of the city, all funds set apart in the annual appropriation ordinance for the use of the fire department. He shall hear and determine all a])])eals from the decision of the chief of the fire de])artment. §576. Chief of Fire Department. Duties of. (Sec. 3) The chief of the fire department shall be res])onsible for the discipline, good order and proper conduct of the whole fire department, the enforce- ment of all laws, ordinances and regulations per- taining thereto, and for the care and condition of the engines, hose, carriages and all other property of the department. He shall have the superintendence, control and command of all the officers and men belonging to the de]>artment, of* all the engine houses and other fire a])])aratns ])elonging to the city. He shall have control of all |)ersons present at any lire, and to that end, shall, ex-officio, have and exercise all powers of the chief of ])olice thereat. 300 He shall wear a i)roper badge of office and shall, when a lire breaks out, take immediate and proper measures for its extinguishment. He shall have power, if need be, to summon any and all persons present to aid in extinguishing any fire, ill removing personal property from any build- ing on fire, or in danger thereof, and in guarding the same. He shall have power to order the cutting down and removal of any building, erection, tents or other thing if he shall deem it necessary for the purpose of checking the progress of any fire. In case of the absence of the chief from any fire the assistant chiefs, or in their absence the cap- tain of the department first at the fire shall, for the time, have the powers and perform the duties of such chief. He shall perform such other duties as may be prescribed by the commissioner of public safety. He shall be appointed by the mayor upon the recommendation of the commissioner of public safety. He shall, under the supervision of the civil serv- ice commission, cause to be kept a complete system showing the merits of the various members of the fire department, and shall certify said record or any part thereof to the civil service commission when re(piested so to do by said commission. He shall from time to time recommend suitable persons in the fire department, to fill the various po- sitions therein, to the commissioner of public safety, and said persons shall be appointed by the mayor u]^on the recommendation of the commissioner of 301 public* sal'ety in aeeordaiice with tlie charter and the (*ivil servi(*e ordinance and rules in force at the time of su(*li a})])ointment. §577. Members. Appointment. Duties. (Sec. 4) All members in tlie tire department shall be.ap- ])ointed by the mayor, upon the recommendation of the commissioner of ])ublic safety in accordance with the charter and the civil service ordinance and reg- ulations in force at the time of such appointment. All members of the tire department shall perform such duties as may be required of them by the com- missioner of public safety, the chief, the assistants or the captains of their respective companies, and shall wear such uniforms, ca}:>s, badges and other insignia as the commissioner of public safety may direct. §578. Exclusion of Non-Employes. (Sec. 5) It shall be the duty of all members of the tire depart- ment to prevent all persons not belonging to the de- partment from entering any house or handling any apparatus belonging to the department without per- mission. §579. Copy of Rules. (Sec. 6) The commis- sioner of ])ublic safety and the chief shall formulate and print rules and regulations for the government of the fii*e department of the city, and shall cause to be furnished to every member of the tire department a copy of such rules and regulations. §580. Badges. (Sec. 7) Every member of the tire department when on duty shall wear a suitable badge furnished by the city, and any member who shall lose or destroy the same shall be required to ])ay the cost of re])lacing it; and whenever any inember shall leave the department he shall imme- diately deliver his badge and all other property be- 302 to tlie city to the })ro])er officer of said department. §581. Resignation. (Sec. 8) No member of the de[)artmeiit, imder penalty of forfeiting the salary or pay which may be due to him, shall withdraw or resign except- by permission of the commissioner of public safety. ARTICLE 2. POWERS OF THE FIRE DEPARTMENT. §582. Fire Department Right of Way. Ob- struction. Penalty. (Sec. 1) The right of way of the streets, avenues, lanes, alleys and other public places of the city is hereby given to the hook and ladder trucks, steam fire engines, chemical engines, hose reels, the vehicles of the chief and assistant chiefs of the fire department, and each and every of the vehicles and apparatus of the fire department of the city, together with the horses attached there- to, and the officers in charge thereof, in all cases when in the line of duty; and it shall be and hereby is made the imperative duty of all persons occupying the streets, avenues, lanes, alleys or other public places with wagons, teams, horses or vehicles of any description, on the line over which any of the vehicles or apparatus named above nnay be drawn, or required to go in the performance of fire duty, to allow the right of way of any such street, avenue, alley, or other public place to the require- ments of such vehicles or apparatus of said fire de- partment, or the horses attached thereto, or the offi- 303 c'ers ill eliarge or having control thereof*. Any per- son or [versons failing, neglecting or refusing to com- ply with the terms and provisions of this section, or who shall in any manner impede or obstruct the progress of any steam engine or any other vehicle or apparatus of the hre department of the city, or the horses attached thereto, or the officers in charge thereof, shall, upon conviction thereof, be fined not less than ten nor more than two hundred dollars for each and every offense. §583. Street Cars, Etc. Stop at Sound of Gong. Penalty, (b'ec. 2) Whenever the gong of the chief or assistant chief of the fire department, or of any hose wagon, engine or other vehicle or apparatus of the fire deiiartment, shall be sounded when in the line of duty, it shall be the duty of every streetcar driver, or whosoever shall have the control or management of any street car, or of any steam engine, car or train, in close proximity to any vehicle or apparatus of said fire department, to come to a halt, so that any su(‘h car, engine or train shall not in any manner discommode or obstruct the passage or turning of any of the fire apparatus of the city. Any person neglecting, failing or refusing to comply with any of the requirements of this vsection shall, upon con- viction thereof, he fined not less than ten dollars nor more than one hundred dollars for each and every offense. §584. Persons Present at Fires. Obey Orders When. Penalty. (Sec. 3) Every person who shall be ])resent at a fire shall he subject and obedient to the orders of the chief, assistant chief, or, in the absence of such chief and assistants to the orders of the commissioner of public safety, or either of them, the mayor, the chief of police or other police officer, in extinguishing the fire and removing and 304 l)rotectini>- property; and in case an}^ person shall neglect or refuse to obey such orders he shall, upon conviction thereof, be lined for each such offense not less than live nor more than one hundred dollars, and all officers shall have the power to arrest any such persons so neglecting or refusing to obey such lawful orders as aforesaid and to hold him in cus- tody until after the fire shall have been extinguished, when he shall be taken before the police magistrate, to be dealt with according to law; provided, that no person shall be bound to obey such officer unless the official character of the officer be known or made known to such person. §585. Cordon Around Fire. (Sec. 4) The chief of the fire department, or any assistant in command, may prescribe limits in the vicinity of any fire within which no persons excepting those who reside there- in, firemen and policemen, and those admitted by order of any officer of the fire department, shall be permitted to come. §586. Removal of Property. (Sec. 5) The chief or assistant in command shall have the power to cause the removal of any property, whenever it shall become necessary for the preservation of such prop- erty from fire, or to prevent a spreading of fire, or to protect adjoining property. §587. Property Saved. (Sec. 6) No person shall be entitled to take away any property in pos- session of the' fire department saved from any fire until he shall make satisfactory proof of the owner- ship thereof. §588. Aid of Licensed Vehicles. (Sec. 7) It shall be lawful for the chief and his assistants to require the aid of any draymen with his team and dray, or any driver of a licensed wagon with his 305 team and wagon in drawing or conveying any en- gine or otlier tire apparatus to the tire; and on the refusal or neglect of any such person to corn])ly with siK'Ji recjuest, the offender, on conviction, sliall be fined not less than five nor more than twenty dollars. §589. Personating Firemen. (Sec. 8) No per- son not a meml)er of the tire de])artment, shall l)ersonate a tireman or officer of the tire department, under a i)enalty of not more than ten dollars for each otfense. §590. Power to Destroy Buildings, When. Sec. 9) When a tire is in progress the chief of the tire de- l)artment, or in his absence the assistant chiefs, or either of tliem, may (with the advice of the commis- sioner of public safety, or the mayor, or on his own motion, if none of said officers are present) order any building or buildings that are in close proximity to such tire to be torn down, blown up or otherwise disposed of, for the purpose of checking the con- flagration, but neither the chief nor any other offi- cer or member of the tire department shall unneces- sarily or recklessly destroy or injure any building or other property. §591. Power of Arrest. (Sec. 10) The chief and his assistants shall have power, during a fire, and for a period of thirty-six hours after it is extin- guished, to arrest any person suspected of incen- diarism, or any person hindering, resisting the fire- men or conducting himself in a noisy and disorderly manner, or refusing to obey such officer while act- ing in a discharge of his duty. Said officers shall be severally vested with the usual powers and authority of police officers to command all ])ersons to assist them in making necessary arrests. §592. Firemen Act as Police Officers, When. 306 (8ec. 11) In case of riot or any other sudden einer- i>ency, requiring* assistance of the police force, the commissioner of public safety, or the mayor, may issue his order to the chief or to either of the assist- ant chiefs, to summon, for the purpose of preserving the peace, the entire body of firemen or any partic- ular company. The firemen, when acting in this capacity, shall have all the authority of the regular policemen. ARTICLE 3. PROTECTION OF FIRE APPARATUS. §593. Hindrance to Firemen. (Sec. 1) Any person who shall wilfully offer any hindrance to any police officer or fireman in the performance of his duty at a fire, or shall wilfully in any manner injure, deface or destroy any engine or fire apparatus be- longing to the city, shall for each such offense be fined not less than fifty nor more than two hundred dollars. §594. Damaging or Obstrucing Fire Station, Etc. Penalty. (Sec. 2) Any person who shall in any way deface, or do any injury or damage whatsoever to any fire station, fire apparatus or public hydrant or fire plug, or shall hitch any horse or other animal to, or pile goods around, or in any manner obstruct the use of any such public hydrant or fire plug shall, on conviction thereof, be fined not less than ten nor more than one hundred dollars. §595. Engine House. Non-Employes Excluded. (Sec. 3) No person other than firemen, policemen or 307 public officers, shall enter or assemble with any other person or persons in any engine house belong- ing to the city without the permission of the officer in charge of such engine house, under penalty of two hundred dollars for each offense. §596. Fire Alarms. Penalty. (Sec. 4) Any per- son who shall negligently or maliciously turn any false alarm to any police street station, or to any tire alarm box shall, upon conviction thereof, be lined not less than ten nor more than one hundred dollars. §597. Driving Over Hose. Penalty. (Sec. 5) If, during any tire or alarm of tire when the service of the tire department, or any portion thereof, are called into requisition, any wagon, cart, carriage, street car or other railcar, or any other vehicle, shall be driven over the hose belonging to the tire depart- men, the driver or owner or owners of such vehicle shall, upon conviction thereof, be fined in a sum not less than five nor more than fifty dollars for each and every offense. §598. Department Keys. Wrongful Posses- sion. (Sec. 6) Should any person wrongfully have in his possession, or without authority make or cause to be made, any key or keys of any fire engine or truck house, police signal or fire alarm telegraph box, or use, or cause the same to be used, he shall be fined not less than fifty dollars nor more than two hundred dollars for each offense. §599. Telegraph Poles. (Sec. 7) Any person who shall scratch, stencil or post placards or bills on any of the poles used for the wires of the police and fire alarm telegraph, or in any other manner deface or injure the same, shall be fined not less than five nor more than twenty dollars for each offense. 308 §600. Boxes. Wrongful Opening. (Sec. 8) No person, unless duly autliorized, shall open any signal box, unless it be to give an alarm of fire or to com- municate with the police on necessary business, nor break, cut, injure, deface, damage or in any manner meddle or interfere with any signal box or the fire alarm or police telegraph wires, or with any munic- ipal electric wires, poles, conduits or apparatus whatever, under penalty of not less than twenty-five nor more than fifty dollars for each offense. ARTICLE 4. CONTROL OF FIRE HYDRANTS. §601. Fire Hydrants Under Charge of Water Department. Penalty for Interference with Same. (Sec. 1) The fire hydrants of the city (except such as are set apart to the use of the sprinkling depart- ment) shall be under the immediate charge of the water department, and it shall be unlawful for any person or persons, except members of the fire de- partment, unless specially permitted so to do by the superintendent of the water department, to interfere with any such hydrant, either by turning the water on or off at the same, or interfering therewith in any manner whatsoever, and any person specially per- mitted ,as aforesaid, to operate and use such hydrant in any way, shall be liable for any injury or damage thereto. §602. Hydrant Obstruction. (Sec. 2) No per- son shall in any manner obstruct the use of any fire hydrant, nor place any material in front thereof, or 309 within hve feet from eitlier side thereof, under a penalty of ten dollars for each offense; and any and all material forming sneli obstruetion may be forth- with removed by any meml)er of the water dej)art- ment, and at the risk, eost and ex|)ense of tlie owner or ('laimant thereof. §603. Department Wrench. Use Prohibited, When. (Sec. 8) No member of the tire department shall let out, or sutfer or permit any person to take the wrenches furnished to the tire department to be used in case of tire, or permit any of the said wrench- es furnished said department to be taken from the engine houses of said department, except as they ac- company the engines or other apparatus on occasions of fire, or for other purposes connected with the tire dei)artnient. §604. Penalty. (Sec. 4) Any person who shall violate any of the provisions of this article shall, upon conviction, be lined in a sum not less than live nor more than one hundred dollars for each otfense. ARTICLE 5. FIRE WARDEN, AND DUTIES OF. §605. Duties. (Sec. 1) It shall be the duty of the fire warden: (1) To inspect all enclosures; see that proper receptacles for ashes are provided, cause all rubbish or other inflammable material to be removed, and make such suggestions and issue such orders to the owner or occupants of buildings as will in his opin- ion render the same safe from fire. 310 ( 2 ) He shall iiispeet the siiiToiindiiii^'.s of l)orl- ers and other heatini*- ap))aratns of any hnildin^' to ascertain wliether all woodwork is ])roperly ])i*o- tected and that no ruhhisli or coml)iisti])le material is allowed to accnnndate. (d) Jle shall ins])ect fire escapes and stairways and cause the removal of all obstructions therefrom, and he shall ins])ect all ])laces where ex])losive or infiammahle coni])oimds are sold or stored. (4) lie shall i)erform such other duties as may be prescribed by ordinance or by the rules of the commissioner of ])nblic safety. §606. Interfere With. (Sec. 2) Any person who shall interfere with the fire warden in the dis- charge of his duties, or shall hinder or prevent him from entering- into or upon, or from inspecting- any buildings, establishments, enclosures or premises in the discharge of his duties, shall, u])on conviction, be fined in a snm not less than five nor more than one hundred dollars for each offense. ARTICLE 6. MEASrRES EOR THE PRE\ ENTION OE EIRES. §607. Fire Drills. (Sec. 1) The manager of each theater and assembly hall shall instruct the employes in lire drills, and the same shall be subject to inspection by the commissioner of })ublic safety, the chief of the fire department or by some one named or a]>])ointed by them. §608. Firemen. (Sec. 2) The manager of each theater and assembly hall may, in the discretion of the commissioner of public safety, be required to have a fireman on the stage at all times during ])er- formances. The fireman’s salary shall be paid- by the city, but the money shall be refunded by the the- ater or assembly hall owner or manager. §609. Fire Protection. Weekly Reports. (Sec. 3) Should the commissioner of public safety decide that it is not necessary to furnish a fireman in any theater during performances, he may require that the owner, lessee or manager of any theater or as- sembly hall to fill out each week the following weekly report of the condition and utility of the fire protec- tion and forward the same to the commissioner of public safety, signed by the employe in charge. The blank books for said report shall be fur- nished to the theater by the commissioner of public safety, and a failure to make 'said weekly report, when the same shall be demanded by the commis- sioner of public safety, shall be cause for the theater or assembly hall to be closed by the commissioner of public safety until a proper examination of the fire protection has been made and set out. Weekly reports shall be as follows: Weekly Report Card. Commissioner of Public Safety, City of Colorado S])rings. Theater Date of inspection (1) Are a])proaches to exits clear? (2) Are door fastenings to exits and red lights in good order? 312 (3) Have standpipes all liose in ])lace, and city pressure turned on? (4) Is the tire-vent and valve above the stage in good working order? (5) AVill calcium or arc lights he used during the coining week? (6) If so, is there a competent electrician in charge of the same ? (7) Will the stage electrician remain within ten feet of the switchboard during the entire per- formance ? (8) Is the asbestos curtain in good working order? (9) Are the sprinkling systems over stage and proscenium arch all in good order? (10) Is the fire alarm box in good order? (11) Is the telephone from the stage to the box office in good order? (12) Who is in charge of the fire protection? Notice. This report must be remitted to the commissioner of public safety each week when per- formances are to lie. given. §610. Bonfires. Permits For. (Sec. 4) Who- ever is concerned in causing or making a bonfire, or shall set fire to or burn any paper, hay, straw, leaves, shavings or other combustible materials, in any street, alley or other public place, shall be subject to a fine of not less than ten nor more than one hun- dred dollars, ])rovided, that the mayor, the commis- sioner of public safety or the chief of the fire depart- ment may, in such cases as he may deem ])i*oper, grant permits in writing for the destruction of straw, 313 lenves, or othei* riibhisli where the same ean he done without damage to ])ro|)erty or annoyance to the piihli(% hut ail such material or any rul)l)ish hnrned shall l)e at least thirty feet from any huilding*. §611. Combustible Materials. (Sec. 5) Every ])erson kee])ing or occui)ying any sho]) or other l)uilding wherein shavings or other comhnstihle ma- terials are made or accnmnlated, or may be con- tained and situated within two hundred feet of any other l)nilding, shall clear and move such shavings or other combust il)Je materials out of any such shop or huilding and the yard l)elonging thereto at least three times in each week; and any person or persons using any rags or waste for rubbing furniture or other varnished or oiled work shall burn, or cause to be burned, all such rags or waste every day, but if any such rags or waste are not burned before the close of the working day, such rags or waste shall be immersed in water; any person guilty of violat- ing any of the })rovisions of this section shall, upon conviction, be lined not less than ten nor more than one hundred dollars. §612. Carrying Fire Through the Streets. (Sec. ()) No })erson shall carry fire in or through any street or lot or ])ublic or ])rivate place, except the same be })laced or covered in some close or secure l)in or ves- sel, under ])enalty of not less than one nor more than twenty-five dollars for each offense. §613. Boiling Pitch and Tar. Permits. (Sec. 7) Xo ])erson shall, without permission of the com- missioner of public safety or chief of fire dei)art- ment, in writing, boil any pitch, tar, rosin or turpen- tine within the corporate limits unless in an o))en s])ace at least twenty feet distant from any building or other pro])erty, or in a fireproof building, in the im]U'Ovement of streets or sidewalks, under a penalty 3'4 of not less than ten dollars nor more than one hnn- (Ired dollars for each offense. §614. Inflammable Oils and Explosives Pro- hibited. (K^ee. 8) Inflammahle oils or explosives shall never be placed or stored near any stair or exit from any hnilding-, so as to render the exits danger- ous in case of fire or accident. §615. Loose Hay or Straw Prohibited. (Sec. 9) Loose hay or straw shall not he piled or stacked in any lot within the fire limits, or kept in any place outside of a proper building to enclose the same. §616. Hay. Combustible Material. Within Sixty feet of Building. Penalty. (Sec. 10) Any person who shall, within the fire limits, or within sixty feet of any building in which fire is kept, put any hay, straw or other combustible materials in stack or pile, without first having the same enclosed or secured so as to protect it from flying sparks of fire, shall be fined not less than ten nor more than one hundred dollars for each and every offense, and the further sum of ten dollars for each and every day the same shall be allowed to remain. after notice from the chief, assistant chief of the fire department, or from any fire warden. §617. Ashes. Receptacle. Penalty. (Sec. 11) It shall be the duty of the owner of every building and of the agent having the control of the same, or being in charge of the same, to furnish a close and secure metallic or earthen vessel, or brick or stone room or bin, as a receptacle for ashes; and it shall be the duty of such owner or agent, and also of every tenant and occupant of any building to remove the ashes from such receptacle when the same is filled. And no ashes (except at manufactories where ashes are used) shall be kept or deposited in anything 315 other tliaii such metallic or earthen vessel, or stone or brick room or bin. Any person failing to com- ])ly with, or violating any of the provisions of this section, shall be fined in a sum not less than ten nor more than one hundred dollars, and the additional sum of five dollars for every twenty-four hours of failure or refusal to supply such receptacle or re- move such ashes after notice so to do from the chief or an assistant chief of the fire department, or any fire warden or police officer. §618. Construction of Ashpits, Etc. (Sec. 12) All receptacles for ashes shall be built of brick, stone or other noncombustible materials, with walls not less than eight (8) inches thick, with proper iron doors, the doors to be kept in repair and closed when not being used to empty said pits. No receptacle for ashes shall ever be allowed to overflow or be so con- structed that the ashes will be blown about by the Avind. When ashcans are used they must have dou- ble bottoms with a space of at least two (2) inches betAveen the covers, secured Avith iron hinges, and the cans at all times be in proper repair, the lid to be closed AAdien not being filled or emptied. §619. Dropping Straw, Paper, Etc., Prohib- ited. (Sec. i3) No person shall throw, cast or init into, i drop or leaAm in any public street, alley, sidewalk or passage way, or in any ])i*ivate yard, or upon any private place, lot or part of lot, or on any private land, enclosed or unenclosed, any straw, paper, or any other article or thing which may be, or may become liable to be drifted or carried by the wind into, upon or along any street, alley, public place or public grounds in the city, and thereby litter or obstruct the streets or alleys of the city, or frighten or injure or en- danger horses or other animals. 316 §620. Penalty. (Sec. 14) Any person who shall violate any provision of this ordinance for which a penalty is not provided shall, upon conviction, be fined in a sum not less than three nor more than one hundred dollars for each offense. §621. (Sec. 15) All ordinances and parts of or- dinances in conflict with any of the provisions of this ordinance are hereby repealed. [Ord. No. 855, passed Nov. 1, 1911.] ARTICLE 7. OF GASOLINE VAPOR GAS-LIGHTING MA- CHINES. §622. How Constructed and Installed. (Sec. 1) All gasoline vapor gas-lighting machines and sys- tems to he installed in or on any building within the corporate limits of the city of Colorado Springs, shall be constructed, installed and only permitted when such construction and installation is in strict accordance with the following rules and require- ments : (a) Only such gasoline vapor gas-lighting ma- chines and systems having inside carbureters, out- side carbureters and flame-heated generators shall be permitted. (b) All carbureters, generators or other de- vices of whatsoever name, used, for the purpose of vaporizing or gasifying gasoline for use in connec- tion with gasoline vapor gas-lighting machines and systems, shall, if located inside of the building walls, 317 he enclosed in an extra cabinet constructed of at least No. 14 U. S. ^'age sheet steel, and all parts of the machine or system containing liquid gasoline shall he enclosed in this cabinet. (c) All tanks used for the storage of gasoline in (‘onnection with gasoline vapor gas-lighting ma- chines and systems shall he located outside of the hnilding and if over six (6) gallons capacity shall he buried under the ground in an approved manner. All tanks of six (6) gallons capacity or less shall be enclosed in a cabinet, constructed of at least No. 20 II. S. gage galvanized iron, with door securely locked. (d) All lamps used in connection with gasoline vapor gas-lighting machines and systems shall be rigidly supported at least two (2) feet from the ceil- ing and shall not be located within three (3) feet of any inflammable goods, shelving or other combusti- ble material. (e) All gasoline vapor gas-lighting systems having inside flame-heated generators shall be equipped with a shnt-otf valve, securely fastened to the inside of the cabinet inclosing generator. (f) All valves used in connection with gaso- line vapor gas-lighting machines and systems shall be constructed of non-corrosive material. (g) The rules and requirements pertaining to class “A,’’ class “B” and class of the National Board of Fire Underwriters for the construction, installation and use of gasoline vapor gas-lighting machines and systems shall be included in this ordi- nance and no gasoline vapor gas-lighting machine or system will be permitted to be installed which is not listed with them. 318 §623. Inspection. Record. (Sec. 2) It shall be the duty of the city electrician to iiis])ect all gas- oline vapor gas-lighting machines and systems to ascertain if the ordinance in regard to the construc- tion, installation, use and storage of gasoline is com- plied with. He shall keep records of such inspec- tions and shall have the right to enter ux:)on any premises at all reasonable hours, for the purpose of inspecting the same. §624. Permit Required. Application. (Sec. 3) Any firm, corporation or individual desiring to in- stall or make additions to a gasoline vapor gas-light- ing machine or system shall first procure a permit from the city electrician. Application for permits shall be on printed forms furnished by the city and shall contain the description of the machine or sys- tem to be installed. This application shall be filed with the city electrician. §625, Additions to Existing Machines. Re- quirements. (Sec. 4) No additions shall be made to any existing gasoline vapor gas-lighting machine or system except on the condition that the machine or system as well as the addition itself, conforms to the requirements of this ordinance. §626. Charges for Inspection. (Sec. 5) The city electrician shall charge for inspection as fol- lows: (a) For each gasoline vapor gas-lighting ma- chine or system having three (3) lamps or less, one dollar ($1); for each additional lamp, ten (10) cents. (b) For each inspection made necessary by faulty construction, installation or storage, fifty (50) cents. 319 (c) For any subsequent chang-e in the installa- tion or storage, fifty (50) cents. §627. Condemned Machines. Removal. Arbi- tration. (^!ec. 6) The city electrician is authorized to have gasoline vapor gas-lighting machines, sys- tems or lamps disconnected or removed from the building, when in his judgment the said machine, system or lamps are hazardous to life and property. Said machine, system or lamps shall not again be installed or used until it is made to conform with the requirements of this ordinance. The city electrician may at his discretion, notify in writing the owner of such machines, systems or lamps to have them re- moved or placed in accordance with this ordinance within thirty (30) days from date of such notifica- tion. All disputes which may arise between the owner or party charged with repairs or changes of con- demned property and the city electrician, and which can not be settled by them, shall be referred for set- tlement to the commissioner of public safety, who shall appoint a disinterested, competent person to act with the city electrician and such third person as may be appointed by the party or his agent owning the property sought to be condemned, and the find- ing of a majority of the board so constituted shall be final and binding upon both the owner of the pro]:>erty and the city. §628. Penalty. (Sec. 7) Any firm, corporation or individual who shall fail, neglect or refuse to com- ply with any of the provisions of this ordinance shall, on conviction, be fined in a sum not less than five dollars ($5) nor more than three hundred dol- lars ($300) for each offense. Each day shall con- stitute a separate offense. [Ord. No. 823, passed Oct. 5, 1910.] 320 ARTICLE 8. REGULATING THE USE, HANDLING, AND STORAGE OF INFLAMMABLE FLUIDS. §629. Must Conform to Rules. (Sec. 1) No gas- oline, benzine or other petroleum or coal tar prod- ucts and other inflammable fluids having a minimum flash point below one hundred (100) degrees Fahr., when tested in the legal state tester or in the Tag- liabue open-cup tester as used for tests of burning oils, shall be stored or handled in the city of Colo- rado Springs excepting under the following rules. For the purpose of this ordinance, all such fluids shall be known as volatile inflammable fluids.’^ §630. Permit Required. (Sec. 2) A permit shall be obtained from the chief of the fire depart- ment for the storage or keeping of any volatile in- flammable fluid in excess of one (1) gallon in any building and of ten (10) gallons on any premises. No such fluids shall be allowed in any school- house, religious, amusement or other public or semi- public places or gatherings or near to any stair or passageway, elevator or exit, excepting that for demonstration or competitive purposes, or for in- dustrial or mechanical uses, the chief of the fire de- partment may issue permits for same, as herein pro- vided for. §631. Metallic Cans Required. (Sec. 3) Except as otherwise permitted, all such fluids stored or kept inside a building shall be in metallic cans, riveted, brazed, double-lock seamed, and soldered, or other- wise made fluid-tight, and with openings at the top only, and so arranged as to be quick closing and nOt spill or leak in whatever position they may be placed. All cans shall be permanently and conspic- 321 nously marked as to the nature and hazard of the fluid, and no other fluid shall be permitted to be kept in such cans. No such fluid shall be sold or kept in g'lass bottles. §632. Limit of Quanity. How Stored. (Sec. 4) Not exceeding- a total of one (1) gallon of such volatile inflammable fluid may be kept by any occu- pancy inside of any building, except as permitted for special occupancy by ordinance, and except, that, special permission maj^ be granted by the chief of the fire dej^artment. To printing and similar estab- lishments to exceed one (1) gallon, but not more than live (5) gallons, if distributed in safety cans, none of which shall exceed one quart in capacity. Quantities not exceeding ten (10) gallons may be kept outside any building and above ground, but must be in the original receptacle, or in safety cans, or in tank used with lighting systems, and must be protected against damage. Said cans must be lo- cated at least five feet from any cellar opening or opening to room which contains any fire, open light or spark-making device located below or on a line with the place of storage. §633. Rules for Storage. (Sec. 5) The amount of such volatile inflammable fluid permitted to be kept for sale or use shall be as given in table No. 1, except that within the fire limits, no storage above ground in excess of ten (10) gallons shall be permit- ted, other than in metallic-wheeled tanks in garages as given in section No. 21. Table No. 1: Maximum amounts of volatile in- flammable fluids allowed to be separately stored out- side the fire limits, according to distance from other structures: 322 NUMBER OF GALLONS ALLOWED TO BE STOKED Distance from other buildings or structures: Not IVhoUy In Tanks Not JV holly IV holly in U ndergound Under 10 feet In Tanks 100 Underground 100 Tanks 1,500 Over 10 feet and not exceeding 20 feet 500 1,500 5,000 Over 20 feet and not exceeding 30 feet. . . 2,000 6,000 20,000 Over 30 feet and not exceeding 50 feet ... 5,000 15,000 50,000 Over 50 feet and not exceeding 75 feet 10,000 50,000 Unlimited Over 75 feet and not exceeding 100 feet. .. 15,000 150,000 Over 100 fe«t and not exceeding 150 feet. . 20,000 Unlimited Over 150 feei See Section 6. See Section 5. Unlimited Except as specified in section 6, all reserve and storage stocks of such volatile inflammable fluids in excess of ten (10) gallons shall be kept in tanks. Tanks: Tanks shall be made of galvanized steel, open-hearth basic steel, or wrought iron of a gage depending upon the capacity, as follows: 120 gallons or less at least No. 18 U. S. gage. 121 to 180 gallons at least No. 16 U. S. gage. 181 to 320 gallons at least No. 14 U. S. gage. 321 to 500 gallons at least No. 12 U. S. gage. 501 to 4,000 gallons at least No. 7 U. S. gage. 4,001 to 10,000 gallons at least V 4 inch with %-inch heads. 10,000 gallons and over % inch with %-inch heads. Tanks shall be riveted, welded or brazed and shall be soldered or caulked or otherwise made tight in a mechanical and workmanlike manner, and shall safely sustain a hydrostatic test at least double the possible pressure to which tank may be subjected and if to be used above ground or with a pressure discharge system not less than 40 pounds per square inch. They shall be covered with asphaltum or other approved non-rusting paint or coating. All pipe connections shall be threaded into or through flanges or reinforced metal securely riveted or bolted to tank and made tight without gaskets. Tanks to be kept in a location satisfactory to the chief of the fire department and may be permit- 323 ted miderneatli a building if located two feet below the basement floor. If buried underground, top of tank must be at least two feet below the surface, and below the level of the lowest pipe in the building used in connection with the apparatus. If underneath any building or if within ten feet of any building and not below the lowest level of any floor within such building, it must be enclosed by at least 6 inches of concrete. No air space shall be allowed immediately outside of such tank. All connections from tank to any house or subsurface drain shall be so arranged as to prevent the flow of volatile inflammable fluid to any such system or the leakage of any inflammable gases from such fluid, or properly constructed inflammable fluid collectors shall be provided in such connection. Tanks, when above ground, must be set on sub- stantial foundations, and each must be surrounded by a substantial earth, brick or concrete wall, or levee, of such height as to contain V/2 times the full contents of such tanks, and of dimensions and strength satisfactory to the chief of the fire depart- ment. Such reservoir shall be fluid-tight, kept in good condition and not provided with outlet or drain pipes. All such above-ground tanks shall have all openings, including vent, fill and draw-off pipe, screened with 30 x 30-mesh brass-wire screen. Except where tank is located underneath the building, it may have a test well, provided the top end of such well shall be hermetically sealed and locked except when necessarily open. Piping. All pipe carrying volatile inflammable fluids, except in dry-cleaning establishments, shall pitch toward tanks without any traps or pockets; shall enter the tank at the top and shall be protected 324 against mecliaiiical injury. The end of the filling pipe shall he carried to an approved point outside of any building, but not within five feet of any entrance door, or cellar opening, and shall be set in an ap- proved metal box with cover which shall be kept locked except during filling operations; this filling- pipe shall be closed by a cap. A 30 x 30-mesh brass- screen strainer shall be placed in the supply end of filling pipe. All storage systems under buildings in which the tank may contain inflammable gases shall have at least a 1-inch vent pipe, run from top of tank to a point outside of the building and acceptable to the chief of the fire department, but which shall be at least 12 feet above point of filling and in an inaccess- ible location remote from fire escapes and never nearer than three feet, measured horizontally and vertically, from any window or other opening. The tank vent-pipe shall terminate in a gooseneck pro- tected in the outer end by a 30-mesh brass-wire screen or pressure valve; or a combined vent and filling pipe, so equipped and located as to vent the tank at all times, even during filling operations, may be used. The vent pipe from two or more tanks may be connected to one upright, provided they be con- nected at a j)oint at least one foot above supply fill- ing level. All tanks used for storing volatile inflam- mable fluids shall be ventilated in a manner satis- factory to the chief of the fire department. All pipes used in the installation of such tanks and systems shall be of standard full weight galvan- ized iron or steel, with suitable brass' or galvanized iron fittings. No rubber or other packings, and no flanges, shall be used. If unions are used, at least one face must be of brass, with close-fitting conical joints. Litharge and glycerine, shellac or other suitable material shall be used on pipe joints. 325 No i)ortioii of the installation shall be covered from sight until after an ins])ection hy the chief of tlie lire department and his written approval has been given. All drawing-off pipes terminating inside of any ])nilding shall have a self-draining pump and a screw-closing or nozzle valve at the discharge end; ])ipe shall not terminate at any point lower than the level of the intake end of the filling pipe. §634. Storage Outside Fire Limits. (Sec. 6) Outside of the fire limits the storage and handling of volatile infiammahle fluids, in cans, drums or bar- rels, in exces of ten (10) gallons shall be inside of buildings detached at least five feet, or as given in table No. 1, the walls of which shall be impervious to liquids and shall be of solid masonry not less than 12 inches thick nor more than 16 feet high built in one story, with a 4-foot parapet, and without wall openings within three feet from the floor, thus form- ing a reservoir section. The walls of this reservoir section and their supports shall be at least 4 inches thicker than the walls above them; they shall be laid in cement mortar, the floor to be of equivalent construction. There shall be no openings of any character from this section or connections to any public sewer or drain, or water course. The reservoir section shall have a holding ca- |)acity, measured from the line one foot below its lowest wall opening, equal to the maximum quantity of such fluids to be stored or kept in the building. Non-combustible materials only shall be used in the construction and outfittings of such buildings. AVindows shall have standard wired glass, and in addition shall have standard fire shutters if within fifty feet of adjoining structures. 326 No sucli building- shall be occupied for any piir- ])ose other than tlie storage and handling of oils or other inflannnable fluids and their ap])urtenances. No exposed flame or fire shall be allowed within such building, and lighting shall be as giyen in section 45. §635. How Drawn From Tanks. Pumps. (Sec. 7) All volatile inflannnable fluids shall be drawn from tanks by pumx)s so constructed as to prevent leaking or waste splashing; or by some other system ap- proved by the chief of the fire department, with con- trolling apparatus and piping so arranged ^s to al- low control of the amount of discharge and prevent leakage or discharge inside the building, by any de- rangement of the system. The pump or other draw- ing-off device shall be located on or al)ove the first floor, preferably near an entrance or other well-ven- tilated place. The exposed drawing of any volatile inflamma- ble fluid within dangerous proximity to open flame or fire is expressly prohibited. §636. Kerosene Oil. Regulations. (Sec. 8) All kerosene oil intended for lighting shall be of the legal state test. A permit may be obtained from the chief of the fire department for the keeping for sale or use of any quantity of such oils in excess of ten gallons. A quantity of such oils, not exceeding five (5) barrels of fifty-five (55) gallons each, may be stored or kept in any building occupied l)y not more than one family, provided such storage is in con- formity with such s])ecial rules as may be laid down by the chief of the fire department, and a quantity not exceeding seventy (70) gallons may l^e stored or kept under like conditions in a building occupied by more than one family. Such oils or fluids must be stored in the original and unbroken packages or in 327 approved metal tanks of not over one hundred and twenty (120) gallons capacity. Such tanks shall be made of not less than No. 22 soft galvanized iron, or tin plate, or Taggers plate suitable for the purposes, all joints to l)e locked, double seamed or riveted, handed and soldered. Fluids shall be drawn from these tanks by non-splashing pumps, over which a hinged, tight-fitting hood or cover shall be provided, sufficiently large to hold all funnels, measures, etc., unless an oil-handling system that eliminates fun- nels, measures, and all possibility of leaking is used. All such tanks shall be set on substantial non-com- hustible bases, removed from fire or heat influences, and the floor for at least three feet each way from front of tank shall be of non-combustible materials or covered with metal. Greater quantities than five barrels of fifty-five gallons each may be stored as to quantity and distance in detached warehouses or in tanks as described in sections 5 and 6, except that there need not be a reservoir section, if all the stock is ke])t in barrels or original packages; the chief of the fire department may modify the isolating dis- tance of the building or tank from other buildings should there he physical obstacles to carry out the nde, but in all cases the chief of the fire department shall see to it that ample and safe means of escape is provided for employes and others, in case of fire. No combustible floors, baseboards, trim, fixtures or drip pans shall he allowed. §637. Application for Permit. Inspection. (Sec. 9) No person, firm or corporation shall sell, store or distribute, any of the foregoing volatile inflammable fluids, or lighting or fuel oils witliin the city without first having made written a])plication to the chief of the fire department for a permit to do so. The chief of the fire department shall make a personal inspe(^- 328 tioii of the premises proi)osed to be used for sueli sale or storage, and the means of distribution, and if in his opinion the conditions, surroundings and arrangements are such that the intent of this ordi- nance can be observed, then he shall issue a permit that such sale or storage, or distribution may be conducted. All tank wagons or other vehicles or means of distribution of such fluids or oils for retail or supply shall be subject to the approval of the chief of the fire department, who shall keep a record of such wagons or vehicles, and they shall be plainly marked with their record number. It is especially directed that all faucets connected to such tank wagons shall be kept locked when not in actual use, and all measures, faucets, etc., shall be covered or otherwise protected from mischievous persons. §638. New Manufacturing. Refining. Plants. Permit. (Sec. 10) No licenses or permits shall be granted for the establishment of new or additional' plants for manufacturing, refining or treating in- flammable or volatile oils, fluids or substances within the limits of the city until after a survey has been made by the chief of the fire department and an investigation made of all hazardous conditions con- nected therewith. If there are no schools, churclies, hospitals, or public halls within 800 feet, and no other buildings than those of the applicant within 150 feet of the proposed manufactory, or refinery, or storage, and the other conditions are- agreeable to the spirit and intent of this ordinance, and a^e in every safe-guarding feature satisfactory to the chief of the fire department he may grant a ]3erniit or license for the location desired, but not otherwise; provided, also, that a guarantee to maintain an o|)eii space one hundred and fifty feet wide, on all sides shall be given by the applicant. 329 §639. Tanks Safeguarded. (He(‘. 11 ) All metal- li(‘ pai'ts of tanks and a])])urtenances must be well gi-onnded eleetrieall y. In all eases there shall be installed and niaintained sueh fire appliances and safegnai-ds as may ])e directed hy the chief of the fire d(‘pai‘tment. §640. Garage Defined. (Sec. 12) A garage shall he construed to mean a l)uilding or portion thereof in which are housed, for rent, care, demonstration, storage or sale, self-i)ropelled vehicles or other wheeled machines, containing in the tanks thereof, volatile infiammal)le finid for fuel or power; also all adjoining structures or buildings not cut off by an impierced fire wall. All plans for such buildings shall be filed with the building inspector and shall also be submitted for apimoval to the chief of the fire de]^artment. §641. Garage. Firewalls, Etc. (Sec. 13) No garage shall he allowed or kept in any hnilding used in whole or in ])art for a school, or place of assembly or detention, liotel or apartment, tenement or lodg- ing house, or within 50 feet of any of them. Any hnilding erected or remodeled as a garage and occn- ))ied in |)art as an office hnilding, manufacturing establishment, warehouse or store, shall have such })arts entirely cut off from the ])ortion used as a garage, hy nn])ierced firewalls at least 12 inches thick and hy fireproof floors and shall he provided with adecpiate means of exit independent of that used for the garage. All windows of such ])ortions thus oc(mpied, located above parts used as a garage, shall he provided with wired-glass windows in metal fi'ames for the first two floors above. §642. Permit for Garage. (Sec. 14) No antonio- hile garage shall be maintained within the limits of the (*ity of ("olorado Springs by any person or per- sons, linn or corporation, unless a ])ermit shall first have been obtained from the hnildin£>* inspe(dor and the chief of the fire department. Sncli ])ermit shall he issued for the ])eriod of one year, and only after in- s])ection and a|)proval of such antomobile garage by the chief of the fire de])artment and the com})liance with all the I'egnlations in this ordinance. §643. Garages. Fireproof Construction. (Sec. 15) All garages erected in the future, except as here- inafter specified as private garages, shall be of fire- proof construction. All trim or other interior finish must be of metal or of other non-inflammable mate- rial approved by the building inspector. §644. Garages. Rooms Beneath Forbidden. Elevators. Stairs. (Sec. 16) No rooms, or open or closed spaces of any character shall be permitted below any building hereafter erected or used for the l)iirpose of repairing automobiles or cleaning them or any of the parts thereof with volatile inflamma- ble fluids. All elevators and stairways in garages shall be enclosed with fireproof materials. All openings in stair or elevator enclosure shall be protected with standard automatic firedoors^. §645. Buildings for Garages. Permit. (Sec. 17) No building of other than fireproof construction shall be remodeled for use as a garage, except that existing buildings of non-fireproof construction, oth- er than frame buildings, when 30 feet distant from all other buildings and with no other occupancy, may be so used, but shall comply with all the require- ments given in section 16, and the ground floor of such buildings shall be of brick or concrete. No non- fireproof building shall be used or remodeled as a garage except by special permit of the city council. 33 §646. Wooden Building. Floors. Drip-pans and Cleaning Required. (Sec. 18) Where combusti- ])le buildings are now l)eing used for garage pur- poses, in which wooden floors exist, sufficiently large and fluid-tight metallic drip-pans shall be ])laced under all motor vehicles, and all floors shall be Avell cleaned and mopped each day with a strong alkali or other non-flammable grease-solvent solu- tibn. §647. Private Garages. (Sec. 19) All automo- bile garages or shelters housing not more than three motor vehicles shall be known as private garages and, if located not closer than 20 feet to any other building, may be of non-flreproof construction, but must have walls of masonry; provided, that if any portion of such building is used as a dwelling, the portions so used must be entirely cut off from the remainder of the building by unpierced fireproof floors and walls, and provided further, that shelters or garages in residential districts with capacity for only one automobile may be of frame or metal-clad construction. Such non-flreproof garage, if consid- ered l)y the chief of the fire department as especially hazardous and endangering adjoining property, shall be replaced by a fireproof structure or its use as a garage discontinued. §648. Garages. Heating and Ventilation. Ex- posed Fires. (Sec. 20) The heating for all buildings used for garage ])urposes must be done by steam or hot water. All boiler or other furnaces must be in a room separated from all other parts of the garage, by an unpierced firewall at least eight (8) inches thick. Forges or other exposed fires, lights or spark-emit- ting devices or machines, and all repair shops, or rooms used for cleaning with volatile inflammable fluids, if on or below the topmost floor where volatile 332 inflammable fluids are present, must be in a fireproof* room, with all doors and opening's between such rooms and other parts of the garage provided with standard automatic-closing firedoors kept closed. All such rooms must be ventilated at floor line as de- scribed in section 24. §649. Automobile Tanks. Filling of. Cleaning. (Sec. 21) The supply tanks attached to or belong- ing to vehicles or wheeled machines must be filled direct from the storage tank through hose of such design and material as to prevent the leakage of such fluids, or approved closed wheeled metallic tanks or buggies not exceeding in capacity sixty (60) gallons and provided with pump drawing from the top of such container, and with hose, may be used for transferring from storage tanks to the vehicle tank. No open-top or splashing or wasting pumps shall be used and every precaution shall be taken to prevent or reduce evaporation of such fluids; rubber-tired wheels only shall be used on portable tanks. Not more than one such wheeled tank or buggy shall be allowed in any garage except by written special permission of the chief of the fire department and no other container shall be permitted in any garage. The use of one metallic automatic- closing can not exceeding five gallons in capacity may be allowed in private garage by special permis- sion of the chief of the fire department. The use of gasoline for cleaning any parts of an automobile is prohibited, except in a special room ventilated as given in section 24, and used for this purpose only, or outside of any building and at least 10 feet from any opening in any buildings. §650. Storage. Drawing-off Near Flame. (Sec. 22) All reserve and storage stock of such volatile inflammable fluids shall be kept as given in section 333 5. 4'he exposed drawing of any volatile inflainma- })le dnid within dangerous x>i*oximity to exposed fiaine or lire is expressly x^roliibited. §651. Pumps for Drawing Off. (Sec. 28) Pnini)s and other drawing-otf a|)pliances shall be as given in section 7. §652. Ventilation of Garages. (Sec. 24) All garages shall have air inlets near the top of the room each of at least 50 s(iuare inches area, and provided with screens. Rooms containing volatile inflammable fluid shall have openings for ventila- tion of at. least 30 square inches, at intervals of not more than 10 feet along all walls and at floor level. These oi)enings shall connect by incombustible flues to the outside air at a point not closer than 3 feet to any window or door oi^ening, or 10 feet from any thoroughfare. They shall be provided with 2x2- mesh brass-wire screen on the inside of the wall and unless laid with a downward slant direct to the out- side air, shall conduct to and through a sparkless fan, to be run during hours of operation and which shall be of sufficient size to completely change the air volume every ten minutes. Discharge outlets of vent pipes shall be provided with brass-wire screens. At least one such opening shall be at floor level near pum|). No dri})-pans or return drills to pumps will be allowed. §653. Garages Must Be Clean. (Sec. 25) All garages must be kex3t clean and free from litter. Grease, oil or x3aint-soaked rags, waste or other com- bustible materials of like character shall be kept in self-closing metallic receptacles having metallic legs at least 3 inches high and securely braced. These receptacles shall' be kept safely clear of all combusti- ble surroundings and their contents shall be safely dis])osed of at least once each day. Oily and greasy 334 (‘lo-tliiiig- sliall be eared for in non-eonibiistible and well -vented closets, safely located. §654. Storage of Heavy Fuel Oils. (Sec. 26) Kerosene, lubricating oils or heavy fuel, oils witli a dash point not less than 100 degreees Fahr., may be kept inside the building*, if stored as given in section No. 8. The style of can and its location must l)e ap- proved by the chief of the fire department. §655. Fire Retardants and Extinguishers Re- quired. (Sec. 27) Dry sand, ashes and other fire re- tardants, including liquid chemical extinguishers using carbon tetrachloride as a base, shall be pro- vided in such quantities and with such pails, scoops and other fire appliances as may be directed by the chief of the fire department. A reasonable quantity of loose, non-combustible absorbents shall be kept convenient for use in case of excessive oil waste or overflow. §656. Waste Oil Must Be Kept Out of Sewer and Drains. (Sec. 28) There shall be no direct connection between any garage waste basin, sink, floor drain or waste and any house drainage or sewer system. All such drains or waste mains to sewer systems shall have intercepting grease, oil and inflammable liquid traps or separators which will completely separate such substance from water and sewage and allow of their safe and convenient re- moval. Such traps shall be ventilated in the same way as is required for oil tanks. Grease, oil, etc., removed from such traps or separators shall be re- moved and disposed of to the satisfaction of the chief of the fire department. §657. Inspection of Garages. Placards of Or- dinance. (Sec. 29) It shall be the duty of the chief of the fire department to make or cause to be made 335 iiisi)ecti()iis at least every three months of all aiito- jHobile garages or stations within the limits of the (‘ity of (\)lorado Springs, to keep careful and com- ])lete record of such inspections and of all matters relating thereto and to enforce the regulations pre- scribed herein. It shall be the duty of the owner or manager of all garages to maintain in at least three conspicu- ous places on each floor of a garage a placard giving a copy of all ordinances affecting the handling of volatile inflammable liquids in garages. §658. Dry Cleaning Defined. (Sec. 30) ''Dry ('leaning” shall be known as the art, act or process of cleaning or renovating wearing or other apparel, clothes and other fabrics or textiles, or any other things with any volatile inflammable fluid. ' ' Spong- ing” shall be the removal of dirt, grease, etc., by local application of volatile inflammable fluid as ap plied by tailors and others. §659. Sponging in Dwellings, Etc. Open Pans Forbidden. (Sec. 31) Sponging is prohibited in shops, dwellings, enclosures, unless carried on through the application of such volatile inflammable fluids from an automatically-closing safety can of not more than one (1) quart capacity, and the use for sponging of such fluid from, or in, open pans or vesels shall be a misdemeanor. §660. Sponging in Room. Exits. Ventilation. Fire. (Sec. 32) Sponging is prohibited in any room not provided with safe means of exit direct to the outside of the building and shall not be executed or applied in any room or enclosure containing any open or flaming fire or light nor within fifty feet of any such light, self-heating iron or other spark or flame-producing appliance. During all such appli- 336 cation, and for one-lialf hour thereafter, two direct openings for ventilation and air circulation must be provided, ])referably on opposite sides of the room and near the floor level. §661. Dry Cleaning. Permit For. (Sec. 33) No dry cleaning business shall be installed or main- tained within the city of Colorado Springs except under permit of the city council. Plans and specifi- . cations, giving full details as to location, construc- tion and operation thereof, must be filed with the city council together with an application to conduct such business. If the plans and specifications sub- mitted comply with the rules of this ordinance, then the city council shall approve them and issue the necessary permit. §662. Buildings for Dry Cleaning. Construc- tion. Fire Extinguishers. (Sec. 34) Buildings used for dry-cleaning purposes shall be constructed of non-combustible material not more than one story or 16 feet high, without a basement or other open space below the floor, shall not be used for other occupancy and shall be at least ten feet from other buildings or a public thoroughfare; provided, that the council may issue a permit for dry-cleaning pur- poses in buildings of more than one story, where the cleaning is done in the lower story thereof, or where the building used for dry-cleaning purposes is closer than ten feet to other buildings orxa public thoroughfare, under such conditions and restrictions for safety as it may see fit to impose. All floors shall be of concrete or other non-combustible mate- rial. In washrooms, only the necessary appliances for washing, extracting and redistilling shall be per- mitted. No direct opening shall be permitted be- tween washroom and dryrooih. No combustible ma- terial shall be permitted in the construction of dry- 337 rooms or any racks or other a])pnrtenaiices. All steam or hot-water pipes for drying purposes must be protected l)y wire screens or otherwise so as to prevent contact of pipes and inflammable goods. All rooms, doors or other openings within 100 feet of exposed o])enings or combustible structures or materials shall be provided with wired glass in metal frames or automatic fireproof shutters, doors or covers. All doors, windows, shutters, screens, grills and l)arred oi)enings shall be arranged for ready opening from either side in case of an emer- gency. Inter-communicating openings shall be pro- vided with standard automatic-closing doors kept closed except when passing through. All rooms shall have a steam-extinguishing system satisfactory to the chief of the fire department or where such fire- extinguishing agent is not available an approved system using a fire-deterrent chemical or gas. One- hand chemical extinguisher, using carbon tetrachlo- ride afe a base, shall be provided for each 500 square feet of floor area. §663. Building Regulations. Precautions. (Sec. 35) At the floor level in each washroom and drying room near each machine and opposite to any door or other air inlet, there shall be placed vent openings and flues of at least 20 square inches area. The flues to be of non-combustible materials, built into the wall or floor or securely fastened thereto and free from mechanical injury. The floor open- ings shall be covered with 2 x 2-mesh No. 16 galvan- ized wire web and shall be kept clear of all obstruc- tions. The ventilating flues shall conduct to and through a sparkless exhaust fan, to be run during hours of operation and which shall be of sufficient size to completely change the air volume every five minutes. All discharge outlets of vent pipes shall be provided with 12x1 2-mesh wire screens and 338 located witliout hazard to suiToimding property and acceptable to the chief of the fire department. Sky- lights and windows must he of wired glass in metal frames and provided with fusible link connecting to an automatically-closing device and shall be cov- ered Avith 12x1 2-mesh brass-wire screen to prevent spark or other fire entrance. Necessary precautions shall be taken to prevent the clogging or in any way the stopping of air passage through such wire screens. §664. Heating of Dry Cleaning Establishment. No Fire or Sparks. (Sec. 36) Heating shall be done by steam or hot water. No steam boiler, furnace or exposed fire, nor any electric dynamo or motor, or other spark-emitting device, shall be allowed in any washing, drying or distilling room, or in line with vapor travel therefrom. §665. Direct Connection With Sewers Forbid- den. (Sec. 37) There shall be no direct connection between any washroom where gasoline is used or distilling done and house drainage or sewer system. All drains or waste mains to sewer system shall have intercepting grease, oil and inflammable liquid traps or separators which will completely separate such substance from water and sewage and allow of their safe and convenient removal. Such traps shall be ventilated in the same way as required for oil tanks. Such traps shall at all times be maintained so that no gasoline can escape into any house or sewer sys- tem and in a manner satisfactory to the chief of the fire department. §666. Dry Cleaning Machine and Tanks. Reg- ulation. (Sec. 38) All dry-cleaning washings, ex- tracting and redistilling shall be carried on in closed machines, which shall be fluid tight. Washers shall have hinged door and shall be arranged so that in 339 (*ase of an explosion the door will automatically close. The transfer of all fluids shall be through continuous i)iping, and all outlet or drain lines shall be drained l)y gravity to settling or storage tanks. No dry-cleaning fluids shall be settled in any open or unprotected vessels or tanks. All piping and all metallic parts of each machine shall be properly grounded by at least No. 10 copper insulated wire to a water pipe or other grounded devices. §667. Reserve Stock of Fluid. (Sec. 39) All reserve and storage stocks of such fluids shall be kept and handled as given in sections 5 and 7. §668. Washing Fluid Removed. (Sec. 40) All washings removed from washer to extractors must be kept in tight metal pans, with under side of bot- tom covered with wood, and no goods or washed stocks shall be taken from washroom till washing ^ fluid has been removed by the extractor and all dried goods shall be removed from extractors at close of operation. §669. Settling Tanks. Location Marked. (Sec. 41) Settling tanks shall be constructed, located and vented essentially as given in section 5 for the stor- age tanks. At the close of the day’s operations, all liquid contained in washers, extractors or stills, or otherwise, shall be returned to the stock or settling tanks. The location of all tanks buried or other- wise, and other contents, and hazards, shall be plainly marked by signs as approved by the chief of the fire department. §670. Filling Tanks. Empty Barrels. (Sec. 42) Tanks shall not be filled or supplied in the pres- ence of fire, exposed lights or sparks, and no empty inflammable volatile fluid barrels shall be kept in the ])uilding longer than one business day. 340 §671. Inspection and Approval. (Sec. 43) None of this installation shall be covered from sight until after an inspection by the chief of the fire depart- ment and liis written approval has been given, which approval he shall give without charge, provided all the requirements of this ordinance have been ob- served. §672. Matches and Smoking Prohibited. (Sec. 44) In garages, dry-cleaning establishments and all other rooms or parts of buildings containing volatile inflammable fluids, the carrying of matches is pro- hibited, and smoking shall be a misdemeanor. [Ord. No. 860, passed Dec. 27, 1911.] §673. Council Authorized to Grant and Revoke Permits. (Sec. 44a) The council may upon applica- tion therefor grant a permit, for any of the purposes for which a permit is required by this ordinance^ to any person, firm or corporation, without regard to any of the provisions or regulations of this ordi- nance, whenever in the opinion of the council such permit may be safely granted; and the council may, in granting such permit, impose such conditions upon the applicant for safeguarding against fire risks as the council shall deem necessary under all the circumstances and conditions of the case. And the council may revoke any permit granted under this section, or under any of the provisions of this ordinance whenever it shall become satisfied that the holder of such permit is not complying with any of the provisions of this ordinance, or with the terms and conditions imposed by the council at the time of granting such permit. [Ord. No. 862, passed Jan. 17, 1912.] §674. Exposed Lights Prohibited. (Sec. 45) No exposed lights shall be allowed in any garage, dry-cleaning establishment, or any other room or' 341 j)art of building* containing volatile infiammable linid, or in line of vapor travel from same. Lighting shall be by electric incandescent lamps, with key- less sockets provided with vapor-proof globes, switches shall be placed beyond the presence of ig- . nitable vapors and the whole electrical equipment shall be installed according to the requirements of the electrical wiring ordinance of the city of Colo- rado Springs. §675. Fees. (Sec. 46) The following inspection fee shall be charged by the chief of the fire depart- ment for each installation: Lor the first 100 gallons or part thereof, $1. For each additional 100 gallons or part thereof, 25 cents. §676. Penalties. (Sec. 47) Any and all persons who shall violate any of the provisions of this ordi- nance or fail to comply therewith, or who shall vio- late or fail to comply with any order or regulation made thereunder, or who shall build in violation of any detailed statement of specifications or plans, submitted and approved thereunder, or any certifi- cate or permit issued thereunder, shall severally for each and every such violation and non-compliance, respectively, be fined not less than five dollars nor more than one hundred dollars. The imposition of one penalty for any violation of this ordinance shall not excuse the violation or permit it to continue, and ' all such persons shall be required to correct or rem- edy such violations or defects within a reasonable time. [Ord. No. 860, passed Dec. 27, 1911, as amend- ed by Ord. No. 862, passed Jan. 17, 1912.] 342 ARTICLE 9. RECin.ATINC; TllK HANDLING AND STORAGE OE GLNIN)WDER AND OTHER ENPLOSI\^ES. §677. Explosive Materials. Quantity Limited. Regulations. Penalty. (Sec. 1) No person or cor- poration shall keep at his or its place of l)nsiness or elsewhere within the corporate limits of the city of Colorado Springs; any gunpowder, guncotton, vit- riol, dynamite, blasting-pow^der, nitro-glyceriue or giant powder, or other high explosive material or fire-producing chemicals, in greater quantity than fifty (50) pounds at one time, and the same shall be kept in tin, copper or metal canisters or cases or glass jars; contents of each canister or jar not to exceed six and one-fourth ( 614 ) pounds, and in a situation remote from fires, lighted lamps and can- dles, and from which place they may he easily re- moved in case of fire; and no one shall sell or weigh any of the above mentioned explosive materials after the lighting of gas or lamps in the evening, unless such articles are sold in sealed canisters or cases, and no person shall he allowed to keep nitro-glycer- ine or any other high explosive in any part of said city. A violation of any of the provisions of this sec- tion shall subject the offender to a fine of not less than five dollars ($5) nor more than one hundred dollars ($100) for each offense. §678. Magazine. Storage. Prohibited. Penalty. (Sec. 2) It shall be unlawful to erect, keep or main- tain any powder magazine or place for storing or keeping gunpowder, or any of the explosive material mentioned in section 1 of this ordinance, within 343 tJie corporate limits of the city of Colorado Springs, or within one (1) mile of the corporate limits of the city of Colorado Springs. Any person, persons or corporation gnilty of violation of this section shall, on conviction, be fined one hundred dollars ($100). ' §679. Conveyance of Explosives in City. Reg- ulations. (Sec. 3) It shall be unlawful for any per- son or persons or corporation to carry or convey any gnn]:>owder, or any of the explosive materials men- tioned in section one of this ordinance, exceeding- fifty (50) ])ounds in quantity, through any street, alley, highway or road in the city of Colorado Springs in any cart, carriage, wagon, dray or wheel- barrow, or otherwise, unless the said gunpowder or explosive material be secured in tight cases, or kegs well headed and hooped, and i)ut into and entirely covered with a good, tight and substantial leather l)ag sufficient to prevent the same from being spilled or scattered, or unless the same is put into a well covered and perfectly water-tight box, the bottom and sides of which shall be completely covered with zinc, or unless such gunpowder and other explosive materials be secured in water-tight patent metalic cases or kegs. §680. Consignments Received, Must Be Sent Beyond City Limits. (Sec. 4) All gunpowder and other explosive materials mentioned in section one of this ordinance coming within the city limits of the city of Colorado Springs in greater quantities than fifty (50) pounds shall, within twelve (12) hours after its arrival, be transported and conveyed beyond the city limits. §681. Shipments Must Be Removed Within 12 Hours. (Sec. 5) No gunpowder or guncotton or other ex])losive material mentioned in the first sec- 344 tioii of this ordinance, slii})ped to or from the city of (\)lorado Springs, sliall be permitted or suffered to he or remain on any street, alley, highway, railroad track or car, or other place within said city, in a greater quantity than fifty (50) pounds, except as herein otherwise provided, for a longer })eriod than a reasonable time to load or unload the same, which time, however, shall not exceed twelve (12) hours. §682. Drays, Etc., Loaded With Explosives Must Not Stand on Streets. (Sec. 6) No wagon, dray, cart or other vehicle loaded in whole or in part with gun- ])owder, or any of the explosive materials mentioned in section 1 of this ordinance, shall be permitted to stand or remain on any street, alley, highway or place in the city of Coolrado Springs exce])t when unavoidably detained. §683. Seizure and Removal. Duty of Police. (Sec. 7) All gunpowder or other explosive material mentioned in section 1 of this ordinance, which shall be found in any store, storehouse, manufactory or other building, or which may be found in any cart, wagon, railroad car or other vehicle, in violation of any provision of this ordinance, shall be immediately seized and removed to some secure ])lace; and it is hereby made the duty of the members of the police force of the city of Colorado Springs, to assist in said seizure and removal when called u])on so to do. §684. Manufacture Prohibited. (Sec. 8) It shall not be lawful for any person or persons or cor- ])oration or corporations to manufacture within the limits of the city of Colorado Springs any ex]jlosive material or compound to be used for any ])urpose, the manufacturing and handling of which would be dangerous to life and property. §685. Concealed Explosives. Search. Ob- 345 structing- Officer. Penalty. (See. 9) It siiall be law- Fiil tor file inayoi-, oi* any member of the eity council, or any member of the eity poliee foree, when such person lias ('anse to suspect that any of the aforesaid mentioned ex])losive materials is or* are concealed or ke])t within the city limits in violation of the pro- visions of this ordinance, to search any })lace in said eity fo]* the purpose of ascertaining whether any /sneh ex])losive material is kept or concealed as afore- said. Any person who shall obstruct or hinder any sneh pei’son or official in making search in the execu- tion of his duty under this ordinance, shall, on con- viction, be fined in a sum not less than ten nor more than one hundred dollars. §686. Violations. Penalties. (Sec. 10) Any per- son or persons, corporation or corporations, violat- ing any of the provisions of any of the sections of this ordinance where a penalty is not heretofore sj^ecihcally provided, shall, upon convivtion, be fined not less than twenty-five dollars ($25) and not ex- ceeding one hundred dollars ($100) for each and every offense; and each and every day that gun- powder or any such explosive materials shall be kept in any jhace contrary to any provisions of this or- dinance shall constitute a separate violation there- of. fOrd. Xo. 558, ])assed vSept. d, 1900.] ARTICLE 10. OF TIIF (dTV ELECTRICIAN, AND REGFLA- dTONS G05T.RNING ELECTRICAL APPA- RAdT^S AND ELECTRICAL WIRING. §687. Office Created. Appointment. Salary. (Hec. 1) There is hereby created the position of city 346 electrician of tlie city of Colorado Springs. d1ie city electrician shall not be appointed for any definite term but shall ahvays be subject to removal by the mayor or the council as provided in the charter. lie shall be appointed by the mayor upon the recommendation of the commissioner of public safety, and said city electrician is hereby assigned to the department of public safety. He shall give bond to the city in the sum of one thousand dollars. He shall receive a salary of one hundred dollars per month until December 31, 1911, and thereafter one hundred and twenty-five dollars per month, payable semi-monthly. §688. Duties of City Electrician. (Sec. 2) The city electrician shall have power to condemn the electric wiring, fixtures, electrical apparatus, or ap- pliances in, or on, any building within the corporate limits of the city of Colorado Springs, and cause the same to be repaired, replaced or disconnected when it shall become defective by reason of improper or insufficient insulation, or for any other cause become dangerous to life or property. All disputes which may arise between the owner, or party charged with making of repairs on any condemned property and the city electrician which can not be settled by them, shall be settled by a board of arbitration consisting of three persons, one appointed by the commissioner of public safety, one by the owner of the property or his legal repre- sentative, and the third person to be chosen by the two persons appointed as above provided; provided, that in the event the owner of the property, or his representative fails or refuses to appoint a person to represent him on said board of arbitration within ten days after notice to appoint such person, a per- son to represent him shall be appointed by the 347 mayor, and tlie person so appointed by the mayor shall join with the person appointed by the commissioner of public safety in choosing the third member of said board. Said board when appointed shall inquire into the facts and make a finding in writing, and file the same with the city electrician and said award and finding so made by a majority of said board shall be final and binding on the city and the person owning the property and his agents and representatives. The city electrician shall be deemed the judge of what constitutes the proper installation, and safe insulation of electrical conductors, apparatus and appliances in or on any building. The city electrician shall decide all questions not provided for in this ordinance, pertaining to the installation of electric wires and apparatus; and he shall make such rules and regulations as- may be necessary to carry out and render effective all the reciuirements of this ordinance, and such rules and regulations so made by him shall, when approved by the council, be observed to the same extent as if fully set out in this ordinance, and any person who shall violate said rules and regulations so made by him and approved by the council, shall, on convic- tion, be punished by a fine of not less than five nor more than two hundred dollars. The city electrician shall have charge of the inaintenance and repairing of fire and police alarm systems. §689. Permit. Application Fees. (Sec. 3) All companies, firms, corporations or individuals, who desire to have electric wiring, electric fixtures, ap- ])aratus or appliances, installed in or on any building (exce])t central ]:>ower stations and sub-stations be- longing to electric light or street railway companies operating under a franchise granted by the city of 348 Colorado S[)riiigs), shall first procure a permit from the city electrician, provided, that: Public telephone, telegraph or messenger-call companies operating under a regular franchise granted hy the city of Colorado Springs may install or repair, in or on, any building the wiring or ap- pliances pertaining solely to telephone, telegraph or messenger-call services without securing the permits required in this section, and provided further that before any person, firm, or corporation shall begin any construction or the addition to any old con- struction on any building, such company shall first notify the city electrician and secure his approval therefor. The city electrician is herein given the author- ity to refuse to issue a permit for any additions or any extensions to any wiring system in or on any building where, in his judgment, the wiring is in an unsafe condition. In order to secure a permit for the installation of electric wiring, all companies, firms, corporations or individuals except those last above mentioned, shall, before having any electrical work commenced, or any additions made to old wiring, make a written application to the city electrician on blanks supplied for that purpose by the said city, and shall pay the said city electrician the amount as required by the following schedules: Fees for permits: (a) New Work. For one outlet to three outlets the sum of fifty cents. For each additional outlet in excess of three, ten cents. (b) For Addition to Old Work. For one out- let to three outlets the sum of fifty cents. For each additional outlet in excess of three, ten cents. 34'9 ((') For Areliglits. For oue arelight, the sum of fifty (*eiits. For each additional arclight, twenty- five cents. (d) Flectric Signs and Outlining on Exterior of Building. For electric signs and outlining a rate of one dollar shall be charged where the total num- ber of lights is not less than three or more than one hundred, and one dollar per hundred for each ad- ditional hundred or ])art thereof. Window reflectors shall be classed as outlining and not as fixtures in ])rocuring permits. (e) Motors and Generators. For installing motors and generators the sum of one dollar shall be charged for each motor or generator of one-half horse capacity and over. Motors or generators smaller than one-half horse capacity fifty cents each. Rectifiers shall be classed as. motors of one-half horse power. (f) Ceiling Fans. For one ceiling fan the sum of fifty cents. For each additional fan twenty-five cents. (g) For inspecting apparatus for which no fee is herein prescribed, the city electrician shall charge two dollars for the first hour or part thereof, and one dollar for each additional hour or part thereof. (h) For a permit to cover any and all repairing- done by an electrician holding an electric license known as ^‘Electric License’^ in any building ox single id ant that may be under one ownership or management, or on such plant or boundaries as are definitely specified in each permit, an annual fee of ten dollars shall be charged. A monthly inspection shall be made and the city electrician shall sign the original permit after each inspection, provided the work is in accordance wdth the rules specified in this ordinance. 350 (i) Temporary Decorative For the first 100 lamps or part tliereof, the sum of one dollar ($1); for each additional 100 lamps or part thereof, fifty cents. For the first arclamp, the sum of twenty- five cents; for each additional arclamp, ten cents. (j) Time Switches and Sign-Flashers. The sum of fifty cents will be charged for each time switch or sign-fia slier. (k) Fixtures. For installing, changing or re- pairing fixtures the sum of twenty-five cents will be charged for the first three fixtures or part thereof. Each additional fixture, five cents. Three cord drops and all other incandescent outlets of one light each (except one-light fixtures) or part thereof, will be classed as one fixture in procuring permits. (l) Where repairs or additions are made to wiring without additional outlets being added, the sum of fifty cents will be charged. The above will include the installing or changing of meter loops, switch loops, service switches 'and cutout and branch cutouts. (m) Nernst Lamps. Shall be classed as arc- lamps in procuring permits. §690. Collect Fees. Pay to Treasurer. Keep Records. (Sec. 4) The city electrician shall collect and receipt for all fees due the city for work and supplies in his department and pay to the city treas- urer all moneys received by him on or before the last day of each and every month. He shall keep such record books, books of account, receipt books, and make and file such statements as may be re- quired by the commissioner of finance or may be provided by ordinance. The city shall furnish all necessary books, appliances and supplies that may be proper for the efficient maintenance of said de- 351 partment, wliieli said supplies shall be furnished on recpiisitioii as are the sup])lies in other departments of the city. §691. Architects, Builders and Contractors.. Plans. (Hec. 5) Architects, builders and contractors are I'ecpiired when drawing plans and specifications to make provisions for channeling and pocketing of buildings for electric light and power wires, and also for telephone, district messenger and other sig- naling system wiring, and shall state definitely in such specifications and mark on such plans, the lo- cation of all switches (except main line switch and outlet), and state the maximum number of lamps at ea(‘h outlet. -Architects, builders and contractors shall fur- < nish such plans and specifications of proposed work as may be deemed necessary by the city electrician before any permit for the same shall be issued. All plans and specifications shall conform with the rules of this ordinance, and the rules and regulations made by the city electrician as herein provided. All plans for electric signs shall be submitted to the city electrician before a permit will be issued for the same. §692. Label Showing Wiring is Approved. (Sec. 6) On inspecting the electrical wiring of any build- ing, the city electrician shall leave a notice in the form of a tag or label attached to the service switch 0 ]- service outlet. The notice shall clearly state that the work has been passed upon by the electrical inspection department, and no workman shall lath, seal, or in any manner conceal any electrical wiring until the above notice has been attached to service switch or service outlet. §693. Electric Wiring After Other Work in 352 Place. (Hec*. 7) All steam fitting, gas fitting’, fur- nace work, plumbing and telephone wires to be con- cealed, must be in place before the electric wiring is coni})leted, and no wiring shall be considered as complete until the above work referred to is in place. §694. Inspection. Certificate of Inspection, Issuing. Refusal. (Sec. 8) Upon the completion of the wiring in or on any building, it shall be the duty of the firm, corporation or individual doing the same to notify the city electrician in writing on blanks furnished for that purpose by the city. The city electrician shall make an inspection of the work within twenty-four hours after receiving such noti- fication and if approved by him shall issue a certifi- cate of satisfactory inspection; nor shall current be turned on such installation until the said certificate be issued; nor shall any damage, alteration or addi- tions be made in the wiring of any building after inspection, without first notifying the city electri- cian and securing a permit therefor. Whenever a permit is issued for an addition to old work which does not conform with the rules and requirements as laid down in this ordinance, the city electrician shall issue a statement that the new work complies with the rules, but that a certifi- cate cannot be issued owing to its connection with the old work, which does not comply with the rules. §695. Annual License. Bond. (Sec. 9) That all companies, firms, corporations or individuals (except public telephone, telegraph and messenger call companies operating under the regular franchise granted by the city of Colorado Springs) engaged in the business of installing electric light or power wires, inside of any building within the corporate limits of the city of Colorado Springs (except central power stations and sub-stations, belonging to the 353 electric or street railway companies, operating under a franchise granted by the city of Colorado Springs) for the purpose of transmitting electrical energy for electric light, heat or power, or installing ' electrical apparatus of any nature, kind or descrip- tion, shall first procure from the city clerk, upon the recommendation of the city electrician, a grant for a license of such class as pertains to, and regu- lates such installation, or grade of electrical work thereof; provided, that before such a recommenda- tion shall be given by the city electrician the com- })any, firm, corporation or individual applying for said license shall pass a satisfactory examination before the city electrician; provided further, that before such license shall be granted said company, firm, cor])ora,tion or individual, there shall be de- posited with the city clerk, the amount hereinafter stated as payment for the particular class of license required; and provided, further, that before such license shall be issued in case where a bond is re- quired, the said company, firm, corporation or indi- vidual to whom the license may be issued, shall give bond to the city of Colorado Springs, in the sum or amount hereinafter provided and required for the said grade of license, conditioned that they shall in good faith perform all things required of them under the provisions of this ordinance. Licenses of two different grades shall be issued under the head of ^‘Electric Wiring License. Contractors^ license, known as Grade A.’’ Electricians^ license, known as ‘‘Grade §696. “Grade A“ License. (Sec. 10) License known as “Grade shall grant the holder thereof the right and privilege to contract for the installa- tion of or to himself install (provided he has him- 354 self passed the required examination before the city electrician) electrical wires for the transmission of electric energy for the purpose of electric light, heat, and })ower, or any electrical apparatus of whatso- ever nature. The annual fee for electric license, ‘‘Grade A,” shall be $50 and the bond for the said license shall be for the sum of $1,000, said fee to be paid and bond executed as provided in section 9 of this ordi- nance. §697. “Grade B“ License. (Sec. 11) The elec- trical license known as “Grade B” shall grant the holder theerof the privilege to make repairs and to care for while in operation any electric light plant, dynamos of any capacity and the plant of wiring, lamps and motors connected thereto (except central power stations and sub-stations belonging to the electric light or street railway companies operating under a franchise granted by the city of Colorado Springs); provided that the holder of said license has himself or has in his employ, a person who has passed the required examination before the city elec- trician ; and provided further, that this license shall grant the holder thereof, the right to make additions to wiring already installed, or to wire for new out- lets, or to re-wire the building for electric light wir- ing; provided, that all work done by the holder of ‘ ‘ Grade B ’ ^ license shall conform in every particular to the provisions of this ordinance relating to such work; and provided, the said right and privilege shall be confiend to such buildings and single plant as may be under one management or ownership, or such plant or boundaries as are definitely specified in each license as issued under this class; provided, the annual fee for said license shall be for the sum of $5 and the bond for said license shall be for $500, 355 and said fee to be paid and bond executed as provided l)v section 9 of this ordinance. §698. Overhead Wires. (Sec. 12) The city elec- trician may designate in said city, the distance be- tween the location of the overhead wires, cables or (‘onductors of any firm, company, corporation or in- dividual, and may regulate the direction in which said wires, cables or conductors shall be run for any purpose, from a fixture upon any building, or the l)oint of entering any building for service; and any company, firm, corporation or individual owning, operating or maintaining any wires, cables or con- ductors, on any building in said city, shall keep and maintain any construction placed upon any build- ing for the support of any wire, cable or conductor in a condition satisfactory to the city electrician. §699. Term of License. (Sec. 13) All licenses shall be granted for the term of one year. §700. When Light Companies Shall Disconnect and Not Connect. (Sec. 14) All companies, firms, corporations and individuals supplying or generat- ing electrical energy, whether operating under a regular franchise granted by the city of Colorado Springs or not, shall upon a written request by the city electrician, disconnect from any circuit or serv- ice, and shall not re-connect said service or circuit except upon written notice from the city electrician; provided, however, such requests to disconnect shall only be made with reference to buildings in or on which the electric wiring, fixtures, electrical ap- paratus or appliances shall have been condemned in the manner provided in section 2 hereof. §701. Right to Enter Premises. (Sec. 15) The city electrician shall have the right to enter upon any premises at all reasonable hours, for the purpose of inspecting the same. 356 §702. Conduit-Armored Cable Metal Moulding in Fire Limits. Conduit-Armored Cable Metal Moulding Outside Fire Limits. (Sec. 16) All new. electric wiring or additions to old electrical wiring installed in any building within the fire limits of the city of Colorado Springs shall be installed in either approved rigid or flexible steel conduit, armored cable or metal moulding. All new electric -wiring or additions to old elec- tric wiring installed in any building outside of the fire limits of the city of Colorado Springs to be used for hospitals, public buildings, churches, theaters, lodge rooms, public or private school houses shall be installed in either approved rigid or flexible steel conduit, armored cable or metal moulding. §703. Character of Material and Fittings. (Sec. 17) No material or fittings shall be approved by- the city electrician except such as are of standard qual- ity and equal in every respect to the material and fittings approved by the Underwriters laboratories. §704. Damages. The City Does Not Assume. (Sec. 18) This ordinance shall not be construed to relieve from or lessen the responsibility of any per- son or persons, copartnership or corporation, own- ing, operating, maintaining or installing any electri- cal wires, apparatus, construction or equipment for the damages to any one injured by any defect there- in, nor shall the city, or any agent thereof, be held as assuming any such liability by reason of the in- spection authorized herein, or the certificate of in- spection issued by the city electrician. §705. Penalties. (Sec. 19) Any company, firm, corporation or individual who shall fail, neglect or refuse to comply with any of the provisions of this ordinance shall on conviction, be fined in a sum not 357 less than live dollars ($5) nor more than three hun- dred dollars ($300) for each offense. Each day that any person shall continue to violate any of the pro- visions of this ordinance, or the rules and regula- tions made by the city electrician as herein provided shall constitute a separate offense and be punished accordingly. [Ord. No. 849, passed July 26, 1911.] ARTICLE 11. OF THE FIRE DEPARTMENT RELIEF AND PENSION FUND. §706. Fund Created. How Administered. (Sec. 1 ) There is hereby created in the city a lire depart- ment relief and pension fund, which shall be admin- istered by a board composed of the commissioner of public' safety and four members of the fire depart- nienf under such rules and regulations as may be approved by the council. Said board shall be desig- nated ‘‘The Firemen’s Relief and Pension Board.” §707. Election of Members. (Sec. 2) Four niem])ers of the lire department shall be elected an- nually to said board by the members of the fire de- partment at such time and in such manner as may be prescribed by the rules of the board, approved by the council. The commissioner of public safety shall prescribe the time and manner in which the first four (4) members of the board shall be elected. §708. Trustee of Funds. Liability. (See. 3) The said board shall be the trustee of all moneys, securities and other property belonging to the said fund and for its wrongful acts and omissions, as such trustee; the members thereof shall be jointly and severally liable. 358 §709. President. Secretary. (Sec. 4) Tlie conmiissioiier of ])iil)Iic safety shall be president of said board, and the board shall elect a secretary who shall be a nieniber of said board and keep a full rec- ord of the proceedings of the board. §710. Adopted Rules to be Approved by the Council. (Sec. 5) The board shall adopt suital)le rules for its government and the administration of its trust, which said rules shall l)ecome effective when ai)proved by the council. §711. City Treasurer Custodian. (Sec. 6) The treasurer of the city shall be the custodian of all funds, securities and other property belonging to said fund, and shall be liable upon his official bond therefor. §712. Money Drawn on Warrants Issued by Auditor. (Sec. 7) The treasurer shall hold all secur- ities and other property belonging to said fund sul)- ject only to the written order of said board as wit- nessed by the signature of the president thereof and attested by its secretary. The treasurer shall pay out the money in said fund only on warrants duly drawn by the auditor. ^die auditor shall draw warrants on said fund upon vouchers duly authenti- cated by the signature of the president of said board attested by the secretary thereof. No such vouchers shall be made, or orders made on the securities and other proi:>erty held by the treasurer without a rec- ord of the same l)eing first made in the minute book of the proceedings of the board, which shall be kept by the secretary of said board. The treasurer shall keep such books of account and records as the board shall prescribe. All books relating to said fund shall at all times be subject to inspection by the board or any member thereof, or other person interested. Upon removal from office the treasurer shall deliver 359 to his successor all moneys, securities and other })i*o})erty, including’ !)ooks and records, belonging to said fund, and said hoard shall do likewise as to its successors. 't §713. Source of Revenue for Fund. (Sec. 8) There shall he ])aid into and credited to said fund money derived from the following sources: 1. The mayor shall provide in his annual budget * for, and the council shall appropriate to said fund annually, an amount not less than one thousand dol- lars ($1,000). ' 2 . All money received from tines or penalties imposed ipjon members of the tire department for violation of the laws, rules or regulations of the tire department. 3. All donations and gifts which may be made to said fund, and net receipts from entertainments given by or under the aus])ices of the tire depart- ment. •1. All rewards, fees, proceeds or gifts and emol- uments that may be paid or given on account of ex- traordinary service of any officer, member or eni- ploye of said department, shall be paid into said Kind. 5. There shall be paid into said fund an assess- ment of seventy-five cents a month by each member of the tire deiiartment. The auditor shall deduct said sum from the pay due each member for the last half of each calendar month, and draw a warrant for the total amount deducted in favor of the secretary of the board, who shall cause the treasurer to place the total amount thus deducted each month to the credit of said fund. The warrant issued to the secre- tary by the auditor for said moneys shall be taken and considered a full receipt by each member of said 360 department for the assessment so deducted, and neither the auditor nor the city shall l)e in any man- ner liable to any member of said department for the said Slim so deducted and transferred to the treas- urer for said fund. (). There shall be paid into said fund all moneys that may be reecived from the state pursuant to any law now or hereafter enacted. §714. Moneys Not Transferred to General Fund. (Sec. 9) ^Moneys remaining- at the end of any tiscal year in said relief fund shall not l)e transferred- to any other fund. §715. Funds. How Invested. (Sec. 10) The board of trustees shall have the power to draw such funds as are credited to the relief fund, under the provision of this ordinance from the treasurer, and may invest the same or any part thereof in the name of “Firemen’s Relief and Pension Fund” in inter- est-bearing bonds of the United States, of the state of Colorado, or any county or munici])al corporation of the state, or in school district bonds. All such securities shall be deposited with the city treasurer and the interest reecived from the investments of same shall be credited to said fund. §716. Who Shall Receive Benefits. (Sec. 11) No person shall be entitled to the benefits of any of the provisions hereof unless he now l)e, or hereafter become a member or employe of the fire department of the city, within the classified service of the civil service regulations, and the chief of the fire de])art- ment of the city, or a member of the immediate fam- ily of such person. §717. Sick Benefits. (Sec. 12) Any member of the fire department who is unable to perform the duties of the employment in said department on ac- 361 ('oiiiit of injury or sic'kness mul who is laid off on half pay on arc'onnt of sncli injury or sickness, sliall i-e(‘eiv(‘ one dollar a day from the relief funds above l)rovided, for such time only as he is laid off and re^ ('cives half pay from the city. §718. Total Disability. Payment. (Sec. 13) If any imnnhei- or eni])loye of the fire department suffer per- manent total disability and he thereby rendered un- able to perform his duty as such officer or member to (‘inploye, he shall be retired from service and instead of his salary from said department he shall be paid monthly from said fund an amount equal to one-half the average monthly salary he was in receipt of dur- ing one year next before the time of such disability, so long as the existence of such disability may from time to time l)e attested to in writing by two regular certified practicing physicians appointed by the board, for the purpose of ascertaining the condition of such officer, member or employe. §719. When Deemed Totally Disabled. (Sec. 14) No such officer, member or employe shall be deemed to be permanently totally disabled until after the ex])iration of ninety days from the time of sud'ering any disability, but for said period shall be deeined to be tem])orarily disabled only and ]iaid his salary by said dei)artnient. In case,- however, his disability continues more than ninety days, he shall for siK'h period in excess of ninety days be conclu- sively deemed to be ])ernianently disabled, provided his case otherwise l)e within the term of this act. §720. Benefits to Beneficiaries in Case of Death. (^e(‘. 15) If any member of the fire depart- ment shall while in the ])erformance of his duty be killed or die as a result of an injury received in the line of his duty or of any disease contracted by rea- son of his occupation as a fireman, or shall die from 362 any (‘aiise whatever, while in such service, and shall leave a widow, or child or cliildren, under the ai>’e of sixteen years surviving- liim, the hoard shall di- rect the monthly ])ayment from said relief and pen- sion fund to the widow until married, to each child until it shall attain the age of sixteen years, a sum in accordance with the following schedule, but if the aggregate thereof in any case exceed one-half the average monthly salary received by such deceased member, during the year next before his death, then the i)a}unents in such case shall be proportionately abated. The schedule above referred to is as fol- lows: To the widow until she marries, $30; to each child under the age of sixteen years, $6, payable to the custodian thereof. If any member of the tire department, being single or unmarried, shall while in the performance of his duty, be killed or die as the result of an injury received, or of any disease contracted by reason of his occupation as a hreman, or shall die from any cause whatever while in said service, and shall leave a father or mother who are dependent upon him for support, or a brother or sis- ter under the age of sixteen years so dependent, the firemen’s relief and pension Board shall direct the payment from the relief and pension fund monthly to the father if he only or both such parents are liv- ing, the sum of $30. The board shall also direct the ])ayment monthly to the legal custodian for the ben- efit of each minor child under sixteen years of age. the sum of $6; provided, however, that the amount so paid to such dependent parent or parents or brothers or sisters, shall not exceed in the aggregate an amount equal to one-half his average monthly salary he was in receipt of during the one year next before his death. I §721. Who May Be Retired. (Sec. 16) Any officer, member or employe of said department, who 363 lias been in the service of the fire department in the (bty for twenty years or more, or is sixty years of a^-e, may make application to be relieved from serv- ice and the board shall grant such application, and, instead of his salary from the department, there shall be paid monthly from said fund to the appli- cant an amount equal to one-half the average month- ly salary he received during the year next before the time of filing said application. The board may, in its discretion, retire any such officer, member or employe on the terms aforesaid who has attained the age, or has been in the service as aforesaid without ayjplication for relief from service having been made. Any member shall have benefit under this ordinance of all the time he has served on this department whether it be continuous or not. §722. Funeral Expenses. (Sec. 17) Upon the death of' a member of this department, the board shall appropriate a sum not to exceed $100 to the widow or family of such deceased member for funeral expenses. §723. Benefits Prorated When Funds Insuffi- cient to Fay in Full. (Sec. 18) If at any time the money, security, and other property to the credit of said fund be insufficient to make the monthly pay- ments accruing hereunder, then the beneficiaries shall equally ])ro rate until such time as the condi- tion of said fund warrants the payment of their bene- fits in full. Arrearages of benefits for one year may be ])aid in any future year and shall enter into and form ])art of the l)asis of distribution for such year, but shall not otherwise be preferred. §724. Benefits Not Subject to Levy or Attach- ment. (Sec. 19) No portion of said fund shall be- foi-e or after its order for distribution be held, seized, taken or subjected to or detained, or levied upon by 3^4 virtue of any attachment, execution, writ, interloc- utory, or other order or decree, or any process or ))i*oceeding' whatever issued out of or by any court, or by any court of this state, for the payment or sat- isfaction, in whole or part, of any debt, claim, de- mand or judgment against any beneficiary of said fund, but said fund shall be held and distributed for the purpose of this act and for no other purjDose whatever. §725. City Attorney Advise Board. (Sec 20) It shall be the duty of the city attorney to give ad- vice to the board in all matters pertaining to their duties and. management of said fund whenever re- quired. And he shall represent and defend said board as its attorney in all suits or actions at law or in equity that may be brought against it and bring all suits and actions in its behalf that may be re- quired or determined upon by said board. §726. Board Report to Mayor and Council. (Sec 21) On or before the first Monday of November 'n each year the said board shall report to the mayor as to the condition of said fund and shall on or be- fore the 15th day of January of each year make a full detailed report to the council of receipts and ex^ penditures on account of said fund for the preceding year. §727. Council May Change or Repeal. (Sec. 22) The council shall have power at any time to change or repeal any of the provisions hereof including those prescribing the terms, conditions and amounts to be paid to or from said fund, notwithstanding service in said department, or donation or payment into said fund of any amount by any such officer, member or employe or any other person. [Ord. No. 903, passed Apr. 2, 1913.] 365 CHAPTER VIII OP THU DP,PARTMBNT OP PUBLIC WORKS AND PROPERTY. RELATING TO PUBLIC WORKS. ARTICLE 1. ORGANIZATION AND SCOPE OF THE DE- PARTMENT. §728. Department of Public Works and Prop- erty. (Sec. 11) The commissioner of public works and pro])erty shall have the supervision and control, subject to the general oversight of the mayor, of all streets, ])uhlic works, wa^^s, buildings and improve- ments, except where otherwise provided by ordi- nance. He shall superintend and takg charge of all ])ublic work, the entire erection, making and re- construction of all street improvements, sidewalks, bridges, viaducts, and public buildings and other improvements, and repair thereof, where not othei*- wise assigned. He shall approve the estimates of the city engineer which may be made from time to time, of the cost of such work, as the same pro- gresses, and accept any building erected, work done or improvement made when completed according to contract, and perform such other duties as may be provided or required by ordinance or resolution. He shall have control, management and direction of the sprinkling, cleaning and the lighting of the streets and alleys, of public grounds and buildings ^lot otherwise assigned, and of all lamps, lights, lighting material and persons charged with the care thereof. He shall have charge of enforcing the pro- visions of law or ordinances relating to billboards. He shall have supervision over all j'mblic service 366 utilities and all persons or corporations reiideriiij^- Service in the city under any franchise, contract or .i>rant made or g-ranted by the city or state, and shall re])ort to the mayor and the council any failure of said person or corporation to render service or to observe the requirements or conditions of the fran- chise, contract or grant under which such public service utility is operated. He shall audit and ap- prove all ])ay rolls, and all bills and accounts for the expenditure of money in his department, before the same are presented to the auditor. He shall purchase all supplies for his department, in the manner ]>rovided by ordinance. The city engineer, and the engineer’s depart- ment and all employes therein; the street commis- sioner and assistants, and all other persons employed in connection with the work of the street depart- ment, and the janitors of the city hall, are distrib- uted and assigned to the department of public works and property, and shall be under the supervision and direction of the commissioner thereof, and the said commissioner may employ and discharge or delegate to any subordinate the power to employ and discharge all day laborers and unskilled work- men in said department, and he may suspend any officer or employe in said department for a period not to exced ten days whenever in his judgment the public interests demand or will be better subserved thereby. All persons employed in said department of public works and property, except unskilled workmen and day laborers, shall be appointed by the mayor from persons recommended by the com- missioner for the respective offices or positions to be tilled. [Ord. No. 778, passed Oct. 20, 1909.] 3O7 ARTICLE 2. OF ^rilF VWY ENGINEER, ASSISTANTS AND SUBORDINATES. §729. City Eng-ineer. (Sec. 25) There is hereby ('reated tlie position of city eng-ineer. The city en- gineer shall l)e appointed by the mayor upon the i-ecommendation of the cottimissioner or pul)lic works and property for an indefinite term and may be re- moved by the mayor or the council at any time in the manner provided in the charter. The city eng-ineer shall be bonded by some reliable surety (‘ompany in such amount as the council shall fix by ordinance for the faithful performance of the duties of his office, and that he will upon his removal or resignation from his position, forthwith upon de- mand, deliver to the commissioner of public works and property of the city, all moneys, books, papers, ])i’operty and other things under his control or cus- tody belonging to the city. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 893, passed Jan. 29, 1913.] §730. Duties. (Sec. 26) The engineer shall, in addition to the duties now imposed upon him by law, perform the following duties: (a) Survey Lots. The engineer shall, at the request of any property owner in the city, survey such lots as may be requested and mark the proper corners and boundaries thereof. For such surveys the engineer shall be allowed to demand and receive for the city, from the owners of the property order ing the work to be done: For surveying each lot not over twenty-five feet front, three dollars and fifty cents; for surveying each additional lot of the above dimensions, belonging- to the same person, one 1 -s S':’-' ^ .i I s 368 dollar and fifty cents; for surveying each lot’ over twenty-five feet and not over fifty feet front, four dollars; for surveying each additional lot of the last named dimensions, belonging to the same person, two dollars. (b) Furnish Street Grades. The engineer shall, at the request of any property owner in the city, furnish the street grade for sidewalks. For so fur- nishing such grades, the engineer shall be allowed to demand and receive for the city from the owners of the property ordering the work to be done: For furnishing the street grade for each lot not exceed- ing fifty feet front, three dollars; for furnishing the street grade for over fifty feet and not over one hun- dred feet front, for the one hundred feet, four dol- lars and for each linear foot in excess of the one hundred feet, two cents per linear foot; provided, that there shall be no charge to the owner of prop- erty for furnishing street grade for sidewalks where the walk to be laid shall consist of one or more blocks in length and shall be laid of concrete or flag- stone and all laid within thirty days from the date that the grade is furnished by the engineer. All sidewalks shall be laid under the supervision of the engineer. §731. Engineer to be Building Inspector. (Sec. 27) The engineer shall be the building inspector of this city, and as such inspector shall have such pow- ers and duties as are hereafter by Chapter XIV conferred upon and required by him. §732. Moneys to be Paid Treasurer. (Sec. 28) All moneys received by the engineer on account of his office, shall be by him forthwith and on the same day as received, delivered to the treasurer. §733. Compensation. (Sec. 29) The city en- gineer shall reecive such compensation as shall be 3^9 fixed by ordiiunu'e. 1 Ord. No. 730, ])assed Apr. 3, 1907, ‘d^ amended by Ord. No. 893, passed Jan. 29, 1913.1 §734. Assistant Engineer. (See. 30) An as- sistant engineer shall be appointed as provided by the eliarter Avho shall receive such salary as may be fixed by ordinance. He shall perform the duties of the engineer in his absence, and perform such addi- tional duties as may l)e assigned him by the engin- eer, and ])y the commissioner of public works' and property. He shall be ])onded in such amount as shall be lixed by ordinance. §735. Assistants and Subordinates. (Sec. 31) There shall be appointed in the engineer’s office such assistants and subordinates as shall be recom- mended by the commissioner of public works and })roperty and authorized by the (*ouncil. They shall perform such duties as may be assigned them by the engineer and the commissioner of public works and })roperty, and shall receive such compensation as shall be fixed by ordinance or resolution adopted by the council. [Ord. No. 730, passed Apr. 3, 1907, as amended l)y Ord. No. 894, passed Feb. 5, 1913.] ARTICLE 3. OF 9’HE CONSTRUCTION, INSPECTION AND LOCATION OF BUILDINGS. §736. Duties of Inspector. (Sec. 62) It shall l)e the duty of the engineer as building inspector to issue all permits for the erection of buildings in the city or the making of alterations or repairs thereof, except as hereinafter provided, and to keep a record of all permits issued. He shall also keep a record 370 showing tJie nimiber of rooms, description, size and cost of every bnilding erected, altered or repaired in tlie city during- his term of office. He shall examine all buildings in course of erection, alteration or repair within the city as often as practicable and see that the reqnirenients of this chapter in relation thereto are comjjlied with. He shall inspect all school buildings, public halls, theaters, churches, hotels, apartment houses and other buildings which are occupied or used by large numbers of people or where they assemble, at least once in each year, for the purpose of determining the safety of such build- ings or any part, appliance or equipment thereof; the sufficiency of their doors, passage ways, aisles, staii’wmys, corridors, exits or lire escapes and gen- erally, their facilities for egress in case of lire or other accident; the strength of their floors and the safety of their elevators, and shall make returns of all violations of the several provisions of this chap- ter to the mayor. In the performance of his duties, he shall have the right to enter any building or premises in the city at any and all times. Whenever in the opinion of the engineer, any wall or other part of a building is dangerous or unsafe^ from any cause for the pur- pose for which it is used, or shall be in danger of being set on lire from any defect in construction, or any machinery, material or staging used shall be considered unsafe for the purpose for which it is intended, the engineer shall notify the owner, his agent, or the architect or contractor in charge of the construction, in writing, specifying wherein such danger exists or wherein such building is unsafe or defective. If the owner or his agent, or the architect or contractor shall neglect or refuse after service of 371 such notice, to proceed to put such building-, ma- (‘liinery, material or staging in a safe condition or forthwith to remove such danger, he shall be fined not less than twenty-five nor more than one hundred dollars for each day such violation is continued. If any building or part thereof shall appear to the engineer to be dangerous or unsafe on account of fire or by reason of bad condition of walls, over- loaded floors, defective construction, decay, or any other reason, the engineer, besides proceeding as lierei]! provided, shall paste a notice of the danger- ous or unsafe character of such building or part thereof, in a conspicuous place on or near the ex- terior wall of such building, and any person remov- ing such notice, shall be fined not less than ten nor more than twenty-five dollars for each offense. The engineer shall have power to stop the con- struction of any building within the city when the same is being done in a reckless or careless manner and in violation of any ordinance and to order any and all persons in any way or manner whatever en- gaged in so constructing, altering or repairing such building to stop and desist therefrom. ^ §737. Permits. Fees. (Sec. 63) Before pro- ceeding with the erection, enlargement, alteration, repair or removal of any building in the city, a permit for such erection, enlargement, alteration, repair or removal shall first be obtained by the own- er or his agent, from the engineer, except that a permit shall not be required for the alteration of any l)uilding outside the fire limits, where such alteration shall not cost to exceed fifty dollars, and it shall be unlawful to proceed with the erection, en- largement, alteration, repair or removal of any building or of any structural part thereof, within the city unless such permit shall first have been ob- 372 tained from the engineer. Application for such per- mit shall be made by the owner or his agent to the engineer in writing upon blanks to be furnished by the engineer, and such application shall show the number of rooms, description, size and cost of the building to be erected, enlarged, altered, repaired or removed, and shall be accompanied by full and com- plete set of plans showing the mode of construction, the material to be used therein and the estimated cost of such building, enlargement, alteration or re- pair. If such application shall show that such build- ing, or the enlargement, alteration or repair re- quested shall be in conformity with the provisions of this chapter, the engineer shall grant a permit for such building, enlargement, alteration, repair or re- moval. For such permits the engineer shall collect for the city the following fees: For a permit when the estimated cost of the building or repair or alter- ation thereof shall not exceed five hundred dollars, fifty cents; over five hundred and not exceeding one thousand dollars, one dollar; each one thousand dollars or fractional part thereof in excess of one thousand and up to five thousand dollars, one dollar ; and for each additional one thousand dollars or frac- tional part thereof, over five thousand dollars, fifty cents. For permits to set high-pressure steam boilers, two dollars each. For permits to construct elevators, two dollars each. [Ord. No. 730, Art. 1, Chap, 14, passed Apr. s', 1907.] §738. Buildings. Definition of Terms. (Sec. 64) In this chapter the following terms shall have the meanings respectively assigned to them: ‘‘Alteration” means any change or addition by 373 wliiclj the structural portion of the building is af- fected. “Cellar or basement” means a lower story of which' one-half or more of the height from the floor to the ceiling is below the level of the ground ad- joining. “Foundation, basement or cellar wall” means that portion of the wall below the level of the street curb; and where the wall is not on a street, that por- tion of wall below the highest ground next to the wall. “Party wall” means a wall built upon the di- viding line between the adjoining premises for their common use. “External wall” means every other wall or ver- tical enclosure of a building other than the party wall. “Partition” means any interior wall in a build- ing of masonry or wood. “Thickness of wall” means the minimum gen- eral thickness of such wall. “Stories” are counted from the first tier of beams at or above the level of adjoining ground or sidewalk. “Wooden building” within the fire limits means any building any structural part of whose outside wall is of wood. “Wooden buildings” outside the fire limits means any building which has a wooden exterior. “Buildings of brick or other combustible ma- terial” means any building, the structural part of whose outside walls is of such materials. “Block of dwellings” means a series of two or 374 more houses used mainly idi' dwelliui>s, siu'li Jiouses being' se})arated l)v masonry walls and having sep- arate entranees and stairways. ‘‘Shed” means a stru(3ture not exceeding one story in height, of wliicli at least one side shall 1>e open. §739. Thickness of Walls. (Sec. (>5) The tliick- ness of walls in inches shall be not less than is indi- cated l)y the following table: Brick buildings other than dwellings, having a stone foundation wall : One story, 16, 8; tAvo story, 16, 12, 12; three story, 20, 16, 12, 12; four story, 24, 16, 16, 12, 12; five story, 26, 20, 16, 16, 12, 12. All party Avails four and one-half inches thicker than sidewall. For dwellings: One story, 16, 8; one story and one-half, 16, 8, 8; two story, 18, 12, 8; three story, 18, 12, 12, 8. In the aboA^e, story and one-half dAvellings, the eight-inch Avail shall in no case exceed fifteen feet in height. In buildings, the walls of which are of stone, the thickness for each story shall he four inches more than called for in the ahoAm table. All buildings, or ])arts of huildings, hereafter erected in this city and hereinafter si)ecifically de- scribed, shall he of sound material, of good Avorkman- ship and abundantly strong for the purpose intended, and the size of materials used therein shall he such as ha\"e been determined by the best authority and demonstrated by experiment to be proper. 375 1'liey shall he of slow-burning construction and ])e hre checked, by placing fire checks one above the baseboard, one in the center of all wood partitions, one between joists under wood cross partitions, one al)ove ceiling line and around all flues, leaving, no (continuous air space in any direction. Materials subject to transverse strains shall not ])e loaded to more than one-fourth their breaking strength, if subject to shearing or tensile strains to more than one-fourth their ultimate strength; and piers and columns of less than five diameters in height, to more than one-sixth their crushing strength; columns or piers of more than five diam- eters are to be increased in strength according to the formula of Trautwine or other equally good au- thority. The outside of walls of rooms having truss roofs or ceilings such as churches, public halls, theaters, dining rooms, or the like if more than fifteen, or less than twenty-five feet high, shall average at least sixteen inches; and if over twenty-five feet high at least twenty inches; if over forty feet high at least twenty-four inches in thickness. If solid buttresses or piers are employed with sufficient sectional area placed less than eighteen feet apart and extending to, or nearly to, top of wall four inches may be deducted from the thickness of any wall liaving such buttress of piers. When hollow walls are used, the air spaces shall not be included in the thickness required. No continuous vertical recess or chase shall he made in any wall so deep that it will leave a thick- ness at the back less than eight inches at any point; and no recess of any kind shall be made in any eight- inch wall. No horizontal recess shall be made in any wall exce])t by special permit of the engineer. 376 No coiitiinious vertical recess other tliaii flues and stacks shall be nearer than seven feet to any otlier recess. If any building already built, or which may hereafter be built, shall be enlarged, raised or built upon, it shall be made to conform to the require- ments of this chapter. No wood lintels or beams of over six feet span shall be used to support brick or masonry walls of over eight feet in height. No brick or stone wall of any description shall be carried on wooden pillars, except as hereinafter allowed. All brick walls shall be bonded at least every sixth course throughout the thickness of such wall. All exposed wood trusses shall be protected from the weather by approved metal covering and made water tight. §740. Foundations. (Sec. 66) The table for foundation walls is intended for ordinary conditions only. Whenever foundations are unusually deep, or serve as retaining walls, the thickness must be proportionately increased. Requisite footing-courses of dimensions, stone or concrete, are to be ]>rovided whenever the con- dition of the soil, or the height of the building may demand them. And in all cases brick foundations shall be started on such footing-courses. No foundation walls shall be laid less tlum two feet below the surface of the ground. §741. Wall Anchors. (Sec. 67) The front, rear and side walls shall be anchored to each tier of beams at intervals of not more than six feet apart, with suitable wrought iron anchors. 377 §742. Ashlar Facing Stone. (Sec. G8) Exterior walls faced witli stone shall have a backing of not l(‘ss than eiglit inches of liard brickwork laid in mortar. But in no case shall the thickness of stone and l)a(‘king, taken together, he less than the thick- ness for a brick wall of the same height. ^riie stone facing of a wall shall always be se- (mrely tied to the brick backing by means of metal (‘lamps. AVhen stone-faced walls are used as bearing walls, they shall be four inches thicker than required for solid brick walls under the same conditions. No ashlar shall be less than four inches thick. §743. Chimneys, Pipes. (Sec. G9) No chimney or smokeflue shall be built with less than four-inch walls. Flues of over 150 square inches area shall have not less than eight-inch walls, all interior joints shall be struck smooth, or inside of flue plas- tered; outside of flue being plastered from the basement to the roof line. No chimney above a flat roof shall be less than four feet above the roof. No chimney shall be started or built upon any wooden flooi-, beam or stud, unless fine is under tvrelve feet in height, and in no case where the breast of the chimney shall project more than eight inches shall it be commenced in any wall or supported by (‘arbelling, but shall be started from the story below. Heart hs and fireplaces or grates shall be laid ii])on brick or stone arches, such being supported on corrugated iron or other incombustible material. Wooden centers must be removed. The back of all fireplaces shall be not less than eight inches thick. Pipes used for the distribution of hotair in buildings, from hotair furnaces, shall be made of 37 « I)rii>lit till, and tlie joints shall be double-seanied blit not soldered. All risers and jiipes between joists shall be wrapiied in asbestos paper, or other ap- ])roved ineoinbnstible material; and all horizontal ])i])es, where ])assing throngdi woodwork within five feet of fnrnaee, shall be likewise protected. Snch pi})es are to be securely fastened to the partitions th rough which they pass. In no case shall any tim- ber or woodwork be built into the brickwork of any chimney or smoke fine. No smokepipe in any building, with wooden or combustible floors or ceilings, shall enter any fine unless said pipe shall be at least twelve inches from either the floor or ceiling, or six inches from the plastered partition and from the woodwork around flue chimneys; and in cases where smokepipes pass through stud or wooden partitions of any kind or through floors, they shall be guarded by a double metal collar, with at least one and one-half-inch air- space between outer and inner collar, with holes for ventilation between and extending through the par- tition. Furnace smokepipes shall be not less than twelve inches from all wooden joists or partitions, except in approved fireproof material, in which case six inches from woodwork may be allowed. Tops of all furnaces shall be not less than twelve inches from the floor joists above, and shall be cov- ered with two inches of sand, or otherwise protected. §744. Steam Boilers and Pipes. (Sec. 70) All steampipes used for power purposes, passing through woodwork, shall be protected by iron collars with an airspace between. All steampipes shall be sup ported by iron jackets or hangers. §745. Floors. (Sec. 71) All floors shall be con- 379 strncted to bear superimposed load per superficial foot not less than as follows: Theaters and ballrooms, 100 pounds; dwellings, 10 ])ounds; public buildings, 75 pounds. For buildings used for manufacturing purposes, or storage of goods, the floors shall be proportioned to the proposed load. In no building shall any woodwork be placed within one inch of the outside of any chimney or wall outside of any flue. All wooden beams or other timbers in the party division wall of every building hereafter to be erect- ed or built of stone, brick or iron, shall be separated from the beam entering the opposite side of the wall by solid masonry work of at least four inches. The ends of all joists in the brick walls shall be so bevelled that not more than one and one-half inches of the level portion of the top of such joists shall enter into the brickwork; all joists shall rest at least four inches on the brickwork. The sills of all wooden structures which are set at greater height than one story above the grade, shall be anchored to the masonry below. [Ord. No. 730, Art. 2, Chap. 14, passed Apr. 3, 1907.] §746. Boundaries of Fire Limits. (Sec. 78) All that portion of the city within the following de- scribed boundaries shall be within the fire limits of said city: Beginning at a point on Weber street where the center line of said street intersects the center line of Platte avenue, running thence .south along the cen- ter line of Weber street to the center line of Vermijo avenue; thence west along the center line of Vermijo avenue and ^"ermijo avenue extended, to the center 380 line of Conejos street; thence northerly along- the center line of Conejos street to the center line of (hicharras street; thence westerly along the center line of Ciicharras street to the center line of Monu- ment creek; thence northerly following the center line of Monument creek to the center line of Bijou street; thence easterly along the center line of Bijou street to the center line of Cascade avenue; thence northerly along the center line of Cascade_ avenue to the center line of Platte avenue; thence easterly along the center line of Platte avenue to the center line of the alley between Cascade avenue and Tejon stret, thence northerly along the center line of said alley to the center line of Boulder street; thence easterly along the center line of Boulder street to the center line of Nevada avenue; thence southerly along the center line of Nevada avenue to the center line of Platte avenue; thence easterly along the center line of Platte avenue to the center line of Weber street, the place of beginning. §747. Regulations. (Sec. 79) No building shall be erected within the fire limits unless the structural part of the walls be of brick, stone, iron or other incombustible material. No tent shall be erected within the fire limits. Out-buildings of sixteen feet in length by eight feet in width by ten feet in height may be built, but such building must be at least two feet from other buildings and one foot from lot lines. Such buildings may be built of brick with walls not less than four inches thick or of wood and sheeted with iron, but fires are prohibited in all buildings of such construction. Every interior col- umn supporting said walls must be fireproofed by being properly incased in terra cotta or other fire- proof material. Every outside hollow frame wall or partition, 381 every furred partition or outside furred wall of any l)uildin^-, more than one story in height, shall be pro- vided with mortar or brick and mortar, or other suitable hrestops, at every story. Plastering shall be carried down behind all woodwork. The roof boards of every building hereafter erecetd shall in no case be extended across the party walls thereof, and every roof within the fire limits shall be covered with slate, tin, copper, iron, pitch and gravel, or other incombustible material. Front, side and party walls in all brick and stone buildings shall be carried up a^ least two feet above the roof and shall be capped with incombusti- ble material. Every cornice, except on isolated buildings used as dwellings only, shall be of brick, iron, or other incombustible material. Where not of solid masonry, all ])rick or stone walls shall be carried up behind cornices or roof coverings. §748. Elevators. (Sec. 80) No person shall con- struct any passenger or freight elevator in any build - ing within this city without a permit so to do. Any ])erson desiring such permit shall file with the engineer, plans and specifications showing the char- acter and description of the elevator proposed to be constructed. The engineer shall examine such plans and specifications, and if he shall find that the con- struction proposed is safe and proper, he may grant to such applicant a permit to construct such ele- vator. It shall be the duty of the engineer to (*aus(‘ a careful inspection to be made of all passenger and freight elevators in this city as often as once in six months and to cause to be filed in his office and in the office of the clerk, a certificate showing the date 382 of such examination and the actual condition at the time thereof of such elevator. Such certilicate shall he sig-ned hy the engineer and the person making the examination. Elevators that are insured by any re- liable elevator insurance company and carefully in- spected by a represent^ative of such company semi- annually, a copy of the certificate of inspection duly filed with the engineer and city clerk, shall be deemed sufficient. In the event, however, such ele- vators are not insured, the engineer shall cause said elevators to be inspected semi-annually, and a fee of $5 shall be charged for such inspection. [Ord. No. 730, Sec. 80, passed Apr. 3, 1907, as amended by Ord. No. 895, passed Feb. 19, 1913.] §749. Repair Frame Building. (Sec. 81) No' person shall repair any frame building within the fire limits of this city when such building shall have been damaged by the elements, decay or otherwise, to the extent of fifty per cent, of the value thereof. If the engineer shall determine that the amount of such damage to any building is fifty per cent, or more of the value thereof, then his determination shall be final, unless the owner thereof shall within five days, file with the engineer a request for the appointment of a board of arbitrators to determine such damage. If the engineer shall determine that such damage is less than fifty per cent., his deter- mination shall be final unless a majority of the own- ers of property within 100 feet of such building, shall within five days, request the appointment of a board of arbitrators to determine such damage. Such board of arbitrators shall consist of three dis- interested competent persons; one to be chosen by the engineer, one by the party or parties filing the request for such arbitration and the third by the two thus chosen. Such arbitrators shall be sworn to 383 make a examination of the daniaged build- ing- and shall within live days after the appointment, hie with the engineer, their report and hndings on the mattei* sulnnitted to them. The decision of the arbitrators shall l)e final. The party asking- for such arbitration, shall upon filing such recpiest, deposit with the engineer such amount as the engineer shall determine will cover the costs and expenses of such arbitration. [Ord. No. 730, Art. 5, Chap. 1-1, ])assed Apr. 3, 1907.] §750. Public Halls. Safety Appliances. (Sec. 82) The halls, doors, stairways, seats and aisles of all buildings within this city used or intended to be used for the purpose of public amusement, instruction, or other purposes within which large numbers of people assemble, shall be arranged as provided by law so as to facil- itate egress in case of fire or accident and to afford the requisite and proper protection in such cases. All doors of exit leading from any assembly room, apartment house, department store, office or other building- which is used by large numbers of people, shall be so hinged as to open outward from such room, hall, house or building. Every person owning or operating- any such room or building as a theater, opera house, concert hall, music hall, public school or church, or for otherjike public assemblage, shall during the whole of every exhibition, perform- ance or assemblage therein, cause all the doors thereof to be left unfastened or latched or barred upon the inner side only, so that the same may be readily and speedily opened from the inner side, ’ and shall cause all the stairways, passageways, cor- ridors and aisles leading to every such door to be kept open and free from persons seated or standing therein and from other obstruction. The arrange- ment of passageways, corridors, exits, seats, aisles, 384 l)roseeiiium arch, lire curtains, stage appliances, ven- tilators over stage, stage water jets, standpipes, lire appliances and all other necessary equipment for theaters shall be made to comply with the National hoard of tire underwriters’ rules. §751. Fire Escapes. (Sec. 83) The owner of any building used as a hotel, hall or place of amuse- ment, store or office building which may have floors thirty feet or more above the ground, shall provide proper and safe iron fire escapes for such building and the engineer may designate the position of such fire escapes. Livery or boarding stables where horses are kept upon any other than the ground floor shall pro- vide at least two proper and sufficient runways from any such floor, and such runways shall be in such location as the engineer shall designate. §752. Penalty. (Sec. 84) Any person violating any of the provisions of this article or disobeying any written order of the engineer in accordance thereto, shall be fined not less than five nor more than two hundred dollars for each offense. [Ord. No. 730, Art. 6, Chap. 14, passed Apr. 3, 1907.1 §753. Building Line in Residence Districts, Defined. (Sec. 1) A ^‘building line” as used in this ordinance shall be considered to mean a line a certain distance inside the property line running parallel with the street on which the property abuts on any side of a block in the city, to be established in the residence districts of the city for the purpose of securing uniformity in the distance from the street line in which buildings shall be erected in the sev- eral blocks in said districts. §754. How Established. (Sec. 2) It shall be the duty of the city engineer to establish a building 385 line in any block outside the fire limits when a peti- tion for the same is presented to him, subscribed by the owners of a majority of the frontage on any street in any block, designating the distance from the street inside the property line where such building line is to be established; provided, that such build- ing line shall not be established a greater distance from the street than the majority of the buildings facing on said street in said block. It shall be unlawful for any person, firm, or corporation, without first having a permit author- ized by the council, to erect or place, or cause to be erected or placed, any building or structure nearer the street in any block than the building line when such line has been established as provided in this or- dinance. §755. Penalty. (Sec. 3) Any person, firm or corporation violating any of the provisions of this ordinance shall, on conviction, be fined in any sum not exceeding three hundred dollars. Every day that work is done on any building or structure being built, erected or placed in violation of this ordi- nance, shall be held a separate offense and shall be punished accordingly. [Ord. No. 794, passed Feb. 23, 1910.] §756. Livery Stables, Etc. Location. (Sec. 1) That no livery stable, boarding or sale stable or blacksmith shop shall hereafter be established, lo- cated or constructed in any portion of the city of Colorado Springs outside of the fire limits of said city as now existing, to-wit: Commencing at a point on Weber street where the center line of said street intersects the center line of Platte avenue, running thence south along the center line of Weber street to a point where such center line intersects the center line of Vermijo street, thence west along the center 386 line of X'ermijo street to a point where said center line intersects with the center line of Conejos street; thence northerly alon^' the center line of Conejos street and along such center line produced to the center line of the alley which runs east and west through the center line of block 25 in Parrish’s ad- dition to the city of Colorado Springs; thence run- ning east to the center line of Cascade avenue; thence running north along the center line of Cas- cade avenue to the point where such avenue inter- sects the center line of Platte avenue ; thence run- ning east along the center line of Platte avenue to the center line of Weber street, the place of begin- ning; provided however, that such livery stables, hoarding 'or sale stables or blacksmith shops may be located or constructed beyond said fire limits pro- vided the same are located and constructed on alleys and so located and constructed that no part thereof shall be within one hundred feet of any street or avenue in said city. [Ord. No. 614, passed July 7, 1902, 'as amended by Ord. No. 663, passed Dec. 21, 1903. ] §757. Stables. Blacksmith Shops. Vehicles Not to Stand on Walks, Etc. (Sec. 2) That no vehi- cle or vehicles of any kind or character and no horse or horses used in connection with any livery stable, boarding or sale stable, blacksmith shop or any other place where vehicles are built or repaired, and not in actual service, shall be by the proprietor of such livery stable, boarding or sale stable, black- smith shop or other place where vehicles are built or repaired, or any one connected therewith, placed or allowed to stand on the streets, alleys or side- walks of said city adjacent to said livery stable, boarding or sale stable, blacksmith shop or any other place where vehicles are built or repaired; nor shall any such vehicle or vehicles be cleaned, 387 washed or repaired upon said streets, alleys or side- walks. §758. Stable. Nuisance. (Sec. 3) Every livery, hoarding* or sale stable which is or shall be noisome, foul or ohensive shall be deemed a nuisance and shall be abated. §759. Violations. Penalties. (Sec. 4) Any ])erson violating any of the provisions of sections one and two of this ordinance shall, upon conviction thereof, be punished by a fine not less than ten dol- lars and not more than two hundred and fifty dollars for each offense; and each day’s violation of the ])rovisions of section one of this ordinance shall be and construed to be a separate and distinct offense and subject the offender to the punishment as above provided; and conviction or acquittal upon the charge of violation of said section on one day shall not constitute a bar to a prosecution for violation of said section on another day. §760. Permits. When Not to Issue. (Sec. 5) The building inspector of said city or other person charged with the duty of issuing permits or licenses for the erection,- alteration or extension of buildings shall have no power, and he shall refuse, to issue permits or licenses for the erection, alteration or extension of buildings intended to be used in viola- tion of the provisions hereof. [Ord. No. 614, passed July 7, 1902.] §761. Garage. Location. Permit For. (Sec. 1) That no person, firm or corporation shall main- tain, establish, locate or construct any public garage or other place where automobiles are kept for hire, repair or storage, except for private use, in any por- tion of the city of Colorado Springs outside of the fire limits of said city without first obtaining a per- 388 mit so to do from the city engineer, and that said engineer shall not grant such permit without he is duly authorized to do so by the city council. The city council shall have full authority to grant or re- fuse to grant such permit and to take such other action on any application for such permit as it con- siders necessary for the safety and welfare of the public. §762. Penalties. (Sec. 2) Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not less than ten dollars ($10) and not more than one hun- dred dollars ($100) for each offense and each day’s violation of any of the provisions of this ordinance shall be construed to be a separate and distinct of- fense, and subject the offender to the punishment as above provided for. Conviction or acquittal upon a charge of violation of this ordinance on one day shall not constitute a bar to a prosecution for its violation on another day. [Ord. No. 815, passed July 13, 1910.] §763. Location of Armories. (Sec. 43) No per- son shall locate, construct or maintain an armory within this city without first having obtained the written consent of the owners of a majority of ^ the lots in the block within which such armory is to be located, that the same may be located within such block. Any person desiring to locate, construct and maintain such armory, shall file his written applica- tion for permission so to do, with the clerk, to which application there shall be attached the written con- sent of said lot owners as herein required. Upon so doing, the council may grant such applicant per- mission to locate, construct and maintain such armory. §764. Penalty. (Sec. 44) Any person violating 389 any of tlio provisions of this chapter shall be fined Jiot less than ten nor more than fifty dollars for each ofl'ense and each day’s violation shall be a separate and distinct olfense. [Ord. No. 730, passed April 3, ]907.] ARTICLE 4. OF CONTRACTS FOR PUBLIC IMPRO\E- MENTS, AND ASSESSMENT OP COST THEREOF. §765. Contract. How Made. (Sec. 1) The city council shall have power to contract for and make local improvements, and to assess the cost thereof, wholly or in part, upon the property especially bene- fitted, as hereinafter provided. All contracts for public improvements shall be awarded by the coun- cil upon the recommendation of the commissioner of l)ublic works and property, and the improvements shall be constructed by and under the direction of said commissioner, in accordance with the specifica- tions prescribed by the council. In all cases where the cost of local improve- ments is to be assessed wholly or in part upon the property benefitted, the same shall be constructed by independent contract or contracts; but other •pul)lic improvements may be constructed by day labor under the direction of said commissioner. §766. Local Improvements To Be Authorized by Ordinance. (Sec. 2) Whenever the council shall, by resolution, order any of the local improvements herein mentioned, the same shall be authorized by ordinance. 390 §767. Paving’. Definition. Grading, Etc. How Ordered. (Her. »]) All ])ro(‘eediiigs to improve streets, alleys and ])nblic liigliways and ])arts there- of, within the city by paving (the term paving wherever used in this ordinance shall inclnde re- paving, macadamizing and remacadamizing), grad- ing, curbing, guttering, surfacing with suitable material, the construction and reconstruction of sidewalks upon and otherwise improving of, the whole or any ])art or parts of any street or streets, alley or alleys, or streets and alleys, in the city; or any combination of said improvements, including necessary grades, crosswalks, curbs, drains, read- justing manholes, catchbasins, and such other inci- dentals, including the incidental storm sewers in case of paving, as the council may ])rescribe, shall be begun by the adoption by the council of a resolu- tion which shall state the nature of the improvement to be made (without mentioning minor details or in- cidentals), and prescribe the district to be improved (by boundaries or other brief description), and di- rect the city engineer to prepare and ])resent to the council specifications for such improvement and to make an estimate of the total cost thereof, exclusive of the percentum for cost of collection and other incidentals, and of interest to the time the first in- stallment comes due and a ma]) of the district to be assessed, from which. map the approximate share of said total cost that will be assessed upon each piece of real estate in the district may be readily ascer- tained; and no contract shall be let for any amount exceeding the total estimate of the engineer. The council shall by resolution ado]h the spec- ifications of the city engineer for the proposed im- provement when the same are satisfactory to it, and shall thereupon pass a resolution ])rescribing the extent of the district to be assessed (by boundaries 391 or other l)rief description), the kind of improvement ])ro})osed (without mentioning minor details), the number of installments and the time in which the cost of the improvement will be payable, the proh able cost as shown by the total estimate of the en- gineer, the maximum share of said total estimate per front foot, where the assessment is made per front foot, or per square foot or ordinary lot of twenty-five by one hundred and ninety feet, where the assessment is made according to that area, that will he assessed upon any lot or lands in the district (and in case the assessment shall be made otherwise than per front foot or square foot, the said maxi- mum share to be assessed upon any lot or lands in the district or to any persons shall be stated accord- ing to the method of assessment adopted in the dis- trict), and ordering that said improvement he made when the same has been authorized by ordinance, and fixing a day upon which a hearing in respect to such improvement shall he had, which day shall he within thirty days after the adoption of said resolu- tion. After the adoption of said resolution the coun- cil shall cause to be published for ten days in a daily newspaper of general circulation in the city, a notice directed to the property owners interested in the improvement without naming them, which notice shall recite the substance of the said resolution, and notify said ])roperty owners that a hearing will be had by the council concerning the proposed improve- ment and the date upon which the hearing will be had. On the date fixed for such hearing any and all pro])erty owners interested in such improvement may, by written petition, or otherwise present their views in respect ta the proposed improvement to the council, and the council may adjourn hearing 392 from time to time. After sucli hearing-, if the coun- cil shall determine that it is not for the ])ublic inter- est that the proposed improvement, or a part thereof, be made and paid for, either out of the g-eneral fund or by any method of assessment, they shall make an order to that effect and thereupon the proceeding for the improvement, or the part thereof determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution. In case the improvement, or a part thereof, con- sists of paving the roadway of a street, avenue, or part thereof, which shall not have been found and declared to be used and occupied for business pur- poses, as hereinafter specified, and the resident own- ers of the city owning a majority of the front feet on all of the lands belonging to such resident and fronting on the street, avenue, or part thereof, to be paved, shall file with the council on or before the day fixed for such hearing a remonstrance against such paving, the authority of the council to make the improvement shall cease for the period of six months from the date of the filing of such remon- strance, after the lapse of which period the proceed- ing may be begun by the adoption of a new resolu- tion; provided, that the construction of sidewalks and sewers shall not be subject to remonstrance. In case the proposed improvement or part there- of consists of paving as aforesaid, the said improve- ment may be authorized and made regardless of any protest or remonstrance when the council shall, by resolution, find and declare by a vote of four mem- bers, that the street, avenue, alley, public highway, or part thereof, upon which the proposed improve- ment IS to be made is used or occupied for business purposes, and that the interest of the general public requires the making of said improvement, or any 393 I)ai1 llicM'oof. SiK'li finding- and declaration of the (H)iineil shall he final and eonelusive for all purposes in evei-y ('onrt or other tri])iinal. Hereafter [after] the expiration of the period during whi(‘h an improvement may be arrested, as aforesaid, a proceeding may l)e begun and carried foi'ward for the improvement so determined against or remonstrated against as though no former pro- ceedings had been begun. If no such determination against the imi^rovement is made, or if only a part of the proposed improvement is determined against by the council, the council may pass an ordinance })roviding for and authorizing the proposed im- provement or the part thereof not determined against and that a contract be made for said im- provement Avith the loAvest reliable and responsible bidder. No substantial change in the district, map, de- tails, specifications or estimate shall be made by the council after.the lirst publication of the notice to the ])i*operty owners. In all cases of paving the specifications and contracts shall provide that bidders shall guarantee that the ])aving shall remain in good order and re- ])air for a ])eriod of five years, and to make all nec- essary re])airs during such, period Avithout further compensation; provided, that in case of macadam- izing, the guaranty shall after two years extend only to the maintaining of a perfect grade, surfac- ing and foundation, and not to any diminution of the thicknes of the original ])avement by Avear and tear; in case of cement, concrete curb, gutter or sideAvalk, the specifications and contracts shall pro- vide for a guaranty of two years; and the council may provide for a guaranty for a reasonable time, not to exceed two years, of all other Avork. . 394 If at the time of the passage of the ordinance anthorizing- tlie improvements for any district, any piece of real estate in the district has the whole or any ])art of the proposed improvements conforming or approximately conforming to the general plan, the council may adopt the same in whole or in part, or make the necessary changes to make the same (‘onforni to the general plan, and the owner of such real estate shall, when the assessment is made, be credited with the amount which is saved by reason of adopting or adapting such existing improvements. The finding of the council by ordinance, that any improvements provided for in this article were duly ordered after notice duly given, or that a peti- tion or remonstrance, was or was not tiled, or was or was not duly subscribed and acknowledged by the required number of owners or that the ‘street, avenue, alley or public highway was used for busi- ness purposes, as in this article provided shall be conclusive in every court or other tribunal. §768. Assessment of Cost. How Apportioned. (Sec. 4) In case of the improvement of any street, as hereinbefore provided, except as otherwise pro- vided in this ordinance, the cost of the improvement, except in the intersection of the streets and alleys, and except the share to be paid by street or other railway companies, shall be assessed upon all the lots and lands abutting on the streets improved, in proportion as the frontage of each lot or tract of land is to the frontage of all the lots and lands so im- proved, the sides of corner lots, which sides abut on the streets so improved, being regarded as frontage; provided, that where the lots or lands abutting on the street improved are not of substantially equal depth, or where any such lots or lands are less than one hundred and ninety feet in depth, then if the 395 council so determine, the real estate abutting’ on the sti-eet improved may he assessed to a substantially equal depth, not less than twenty nor more than one hundred and ninety feet from the street improved, without regard to lot or land lines, as the council may determine; and in all such cases tlie council may divide the depth of the real estate so to be as- sessed into from two to six zones, parallel with the street improved and apportion the amount to be paid for the entire depth to the different zones, in pro- ])ortion to the benefits received by each zone, and whenever a lot or land line lies within such zone, the council may determine the proportion to he paid upon the real esttae lying on each side of such line within the zone; provided, that in improvement districts for the combined grading, curbing, gutter- ing and surfacing (and any other improvements mentioned in section 3 hereof, which may be in- cluded), of any street which constitutes or is suita- ble for a general thoroughfare or boulevard, the whole or any ])art of the cost of either grading or surfacing, or both, may be paid for by the city out of the general revenue, as may he provided by ordi- nance, and the remainder of the total cost of such combined improvements shall be assessed and paid for as in other cases of grading, curbing, guttering and surfacing. §769. Railway Companies Subject to Taxation for Improvements. (Sec. 5) Whenever any grading or paving district shall he created under this ordi - nance, the council shall include in the area to he paved or graded the entire width of street from curb to curl), including the portion of said street or streets occupied by, or recpiired by franchise obligation to he paved by or chargable or assessable to any street or other railway company whose tracks run through or across any street or streets in said district, and shall charge to, assess and collect the proper propor- 39 ^^ tioii as hereinafter provided, of the cost of the said improvement from such street or railway company or companies, in the same manner as is herein pro- vided for in case of abutting property, and shall issue bonds or warrants for the same, which ])onds and warrants shall be issued and made payable in like manner as bonds and warrants issued for the improvement to be assessed against the real estate especially benefited. And in the meaning of this section, in the absence of a franchise obligation to grade or pave, a street or railway company shall be held to occupy and shall be liable for the grading and paving of that part of the street lying between the rails of each track and two feet outside of each rail, and every railway company, whether street rail- way or otherwise, shall be assessed for the cost of the paving and grading of any part or parts of any street or alley occupied by or required by franchise obligation to be paid by them, and the assessment levied for the cost of said improvements chargeable to a railway company shall be a first and prior lien against the entire franchise and property of the com- pany within said district ; and also without said dis- trict, but within the limits of the city where such im- provement is made, subject only to general taxes; and all the terms, conditions and provisions in this ordinance contained, -relative to the collection of the amounts chargeable against assessable frontage shall be applicable in the enforcement and collection of such assessment against such railway company, and the property of such railway company shall, in case of default in payment of such assessment, ])e sold as in cases of default in payment of general taxes levied thereon; but railway trackage shall not be considered or computed as assessable frontage, in determining the sufficiency of petitions or remon- strances as herein provided. 397 §770. Intersections. How Cost Apportioned. (See. ()) 111 case of the improvement of any street, except as otherwise ])rovided herein, the cost of the im])rovenients in sncJi street intersection, except the share to he paid by street or other railway compa- nies, shall be assessed upon all the frontage on the street ini])roved, and on the intersecting streets within a distance of one-half block in each direction from such intersection, in proportion to the frontage of each piece of real estate on the street improved or on any intersecting street, or on both, within said distance; the cost of each alley intersection shall be assessed upon all the real estate in the same block in })roportion to the frontage on the street improved. §771. Assessments Made on City, County, School District, and Other Public Property. (Sec. 7) When the city, county, school district, or any otlier ])nblic or qnasi-pnblic corporation, shall own any tract of land, or hold the title to any land not used as a street, avenue, boulevard, alley or public highway, which if owned by a private person would be liable to assessment for benefits to pay for any ])nblic improvement mentioned in this ordinance, an assessment shall be made against such land as though such land were the property of a private person, and the city, county, school district, or other public or quasi-public corporation shall pay the amount of that assessment. If said assessment is not paid within thirty days after the final publica tion of the assessing ordinance suit may be brought in the district court to enforce the collection of such assessment and the judgment rendered against the city, county, school district, or other public or quasi - jmblic corporation shall be enforced as other judg- ments against the city, county, school district, or other public or quasi-public corporations, but no such land of the city, county or school district shall be sold under any such judgment. 398 §772. Alley Paving. Not Subject to Remon- strance. (Sec. 8) The x)aving of an alley or alleys (‘onnecting with any ])aved street, when ordered by the conncil, shall not be subject to remonstrance, but owners of the frontage to be assessed shall have the right to x)resent objections to such paving as herein provided. §773. Irregular Shapes. How Cost Assessed. (Sec. 9) When any real estate is “Y’’ shaped or of any irregular form, the council may, upon the rec- ommendation of the city engineer, make such allow- ance in the assessment thereon as to them may seem equitable or just, or may refuse to make any allow- ance; and in case of any unusual area or proportion of intersections the council may order, not to exceed one-half of the cost of such intersections, to be paid by the city, and the remainder only shall in such case be assessed. §774. Definition of Terms. (Sec. 10) The term ‘ ‘ street ’ ’ as used in this ordinance shall include ave- nues, boulevards and other highways; the term ‘‘real estate^’ shall be held to mean all lands whether platted, or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof, and unplatted lands by definite description. §775. Sidewalks Include Grading. Owner Con- struct Walks. Conditions. (Sec. 11) In districts for the construction and reconstruction of sidewalks alone, or in combination with other improvements, the work shall include the necessary grading from curb line to lot line. The owner shall have the right to construct or reconstruct his own walks, in con- formity with the plans and specifications for the district, within thirty days from the publication of the ordinance authorizing the improvement, upon 399 the (lei)osit with the treasurer of the city of the ap- })i*oximate pro rata share of the total cost of the dis- trict, excepting construction, reconstruction and grading, to he fixed by the council and when such (‘ost is definitely ascertained the excess deposit shall he returned. And whenever sidewalks are ordered, in combination with improvements other than grad- ing sidewalk areas, a separate contract may be let for the construction and reconstruction of the side- walks, exclusive of the necessary grading. §776. Cost of Construction. How Apportioned. (Sec. 12) The whole cost of construction and recon- struction, including intersections and necessary grading and removal of obstructions, shall be as- sessed upon the lots or lands in front of which such improvements are made, as follows: The grading, removal of obstructions, intersections and all other general expenses, including cost of collection and interest, j3ro rata per front foot; new walks pro rata per front foot where constructed; and recon- structed walks upon each lot or piece of land where reconstructed according to the cost of reconstruc- tion. §777. Sidewalks Other Than in Sidewalk Dis- tricts. (Sec. 13) The council may order the construc- tion or reconstruction of sidewalks other than in dis- tricts, whenever in the opinion of the council it shall be proper, because sufficient sidewalks have been laid in the vicinity, to make it reasonable that inter- vening sidewalk areas should be provided with side- walks, or existing sidewalks shall be reconstructed; in all such cases the council shall notify the owner or his agent to construct or reconstruct such walks within thirty days from the date of the service of such notice. Said notice shall be in writing and served in person upon the owner, if found within the 400 city and if not, it may be served by registered United States mail, or by ])ublication for ten days in some daily newspaper published in the city. Whenever the owner shall be in default the council may have the recpiired work done by day labor or contract, and when done, issue to the person doing the work a certificate therefor, stating the just amount due him, which certificate shall draw interest at the rate of six per cent, per annum until paid, and such assess- ment shall be a lien upon said property until it shall be paid; in case of failure to pay such assessment within thirty days after the issuance of said certifi- cate the same may be certified by the city clerk to the county officer having the custody of the tax list at the time such certification be made, to be by him placed upon such tax list for the current year, to be collected in the same manner as other taxes are col- lected, with ten per centum penalty thereon to de- fray the cost of collection and all the laws of the state for the assessment and collection of general taxes, including the laws for the sale of property for taxes and their redemption of the same, shall apply and have as full effect for the collection of said as- sessment for sidewalks as for general taxes. §778. Official Grade. When Walks Not Laid To. (Sec. 14) All sidewalks ordered by the council shall be laid to the official grade, unless the owners of at least three-fourths of the frontage on any side of one block request that the sidewalk on such front- age be laid otherwise than to official grade, and the council shall deem such request reasonable. §779. Sewer Systems. Establishment of Grade. (Sec. 15) The city may establish and maintain sep- arate or combined sewer systems, which systems shall be divided into districts and sub-district sewers for storm and drainage, sanitary drainage, or both. 401 §780. How Constructed. (Sec. IG) Said sewers shall be established and constructed at such time, in such locations, or such extent, dimensions and mate- rials, and in accordance with such full details and specifications as may be prescribed by the council. Whenever necessary, rights of way for any sewers ordered by the council may be ])urchased or con- demned on behalf of the district, and the cost (diarged to such district. §781. Sewer Districts. Sanitary, Storm, Etc. (Sec. 17) The council may order the construction of district sewers and appurtenances for sanitary drainage for districts to be known as sanitary sewer districts; the construction of district sewers and appurtenances for storm drainage for districts to be known as storm sewer districts; the construction of district sewers and appurtenances for storm and sanitary drainage of districts to be known as com- bined sewer districts; the construction of intersect- ing sewers and appurtenances for storm drainage, sanitary drainage or both, for districts to be known as intersecting sewer districts, and the construction of district sewers and appurtenances for sanitary drainage for districts to be known as special sani- tary sewer districts, the same to be approved by ordinance passed by a vote of four members of the council. Such sewers shall be constructed so as to connect, within or without the district, with some other or sufficient sewer or with some natural drain- age. Such districts, except special sanitary sewer districts, may be composed of sub-districts, to be specifiically named or numbered in said ordinance. District sewers except as hereinafter provided, shall include all submains necessary to provide outlets for all sub-district laterals within the district. Special district sewers shall include -the necessary mains to 402 provide outlets for all laterals within the special sewer district. §782. Sub-District Laterals. (Sec. 18) The council may at the time of ordering the constmction of district sewers, or at any time or times thereafter, order the construction of sub-district laterals in an^ such sub-district, so as to connect the same with the submains or with the district sewer, the same to be approved by ordinance as in the case of district sewers. §783. Cost. How Apportioned. (Sec. 19) The cost of district sewers shall be assessed upon all the real estate in the district, in proportion as the area of each piece of real estate in the district is to the area of all the real estate in the district, exclusive of public highways, and the cost of sub-district later- als shall be assessed in like manner upon all the real estate in the sub-district; provided, that the con- struction of any submain may be omitted until such time as it may be required, in which case sub-dis- tricts so left without submains shall not be assessed for any part of the cost of submains constructed' along with and as a part of the sewer district. When- ever submains so omitted are required and con- structed they may be ordered as provided for other sewers, and their cost shall be assessed to the sub- districts which are supplied with submains. §784. Temporary Connections. (Sec. 20) Tem- ^ porary connections may be made from any sewer from property lying without districts, with the con- sent of the council and upon such terms as it may require. §785. Private Sewers. (Sec. 21) Private sew- ers connected with district sewers may be con- structed under such restrictions and subject to such 403 re^Liujatioiis as may be i)reserU)ed by the council, but no ex])ense shall be incurred by the city in construct- ing- or maintaining them; and the city shall have power by ordinance to compel the owner of any ])remises in any sewer district or sub-district to con-, nect the same with the district or sub-district sewer at their own expense. §786. Construction Not Subject to Remon- strance. (Sec. 22) In ordering the construction of sewers, the council shall proceed, as provided in sec- tion 2 of this ordinance, but the construction of such sewers shall not be subject to remonstrance. -§787. Sewer Extensions. (Sec. 23) The city may extend and maintain any existing public sewer or any district sewer main wherever constructed, from its outlet to any point within or without the city. Such sewer extensions shall be established and constructed at such times, in locations within or without the city, of such extent, dimensions, ma- terial, and in accordance with such full details and specifications as may be prescribed by the council. Necessary rights of way may, upon the order of the council, be purchased or condemned on behalf of the city,, and the whole cost thereof, sewer and rights of way, may be paid by the city. §788. No Connections Until Cost is Paid. (Sec. 24) No lot in any sewer district shall be connected with the sewer district sewer unless, before the com- pletion the estimated cost, or, after completion, the assessment has been paid. §789. Illegal Assessment. Connections Not Made Until Cost Paid. (Sec. 25) If in any sewer district any assessment upon the lots therein for the con- struction of the sewer therein has in any court of com]Kdent jurisdiction l)een held illegal, the owner of any lot in such district shall only be permitted to 404 connect with such sewer upon payment into the treasury for the use of the holder of warrants or bonds issued for the construction of such sewer, or if such warrants have been taken up then into the general fund of the city, such amount as may be fixed by ordinance. §790. Certificate of Assessment. (Sec. 26) Upon the completion of any local improvement, or in case of sewers, upon completion from time to time of any part or parts thereof affording complete drainage for any part or parts of the district, and upon the acceptance thereof by the city engineer, or whenever the total cost of such improvement, or any of such part or parts of any sewer, can be defi- nitely ascertained, the city engineer shall prepare a statement, showing the whole cost of improvement, or such parts thereof, including not to exceed six per centum additional for costs of collection and other incidentals, and including interest to the next suc- ceeding date upon which general taxes, or the first installment thereof, are by the laws of this state made payable; and apportion the same upon each lot or tract of land to be assessed for the same, as in^ this ordinance provided; and to certify the same and cause the same to be filed in the office of the city clerk. §791. Advertisements. Complaints. (Sec. 271 The clerk shall thereupon, by advertisement for ten days in some newspaper of general circulation, pub lished in the city, notify the owners of real estate to be assessed, and all persons interested generally and without naming such owner or persons, that said improvements have been or are about to be com- pleted and accepted, specifying the whole cost of the improvements and the share so apportioned to* each lot or tract of land or persons; and that any com- 405 ])laints or objections that may be made in writing by such owners or persons to the council and hied with the city clerk within thirty days from the first publication of such notice will be heard and deter- mined by the council at its first regular meeting after said thirty days and before the passage of an ordinance assessing the cost of said improvements. §792. Council Hear Complaints. Assess Costs. (Hec. 28) At the meeting specified in said notice, or any advertisement thereof, the council, sitting as a board of equalization, shall hear and determine all such complaints and specifications, and may make such modifications and changes in the apportion- ments as may to it seem equitable and just, or it may confirm the first apportionment; and the coun- cil shall thereupon, by ordinance, assess’ the cost of said improvements against all the real estate in said district and against such persons, respectively, in the proportions above mentioned. §793. Assessment a Lien. Priority. Illegal Assessment. Proceedings. (Sec. 29) All assess- ments made in pursuance of this ordinance shall be a lien in the several amounts assessed against each lot or tract of land, from the final publication of the assessing ordinance, and shall have priority over all other liens except general taxes. As to am^ sub- divisions of any real estate assessed in pursuance to this ordinance, the assessment shall in each case be a lien upon all the sub-divisions in proportion to their respective areas. No delays, mistakes, errors, defects, or irregularities in any act or proceeding authorized by this ordinance, shall prejudice or in- validate any final assessment, but the same shall l>e remedied by subsequent or amended acts or proceed- ings as the case may require, and when so remedied the same shall take effect as of the date of the orig- inal act or proceeding. 406 If in any ('onrt of conii)etent jurisdiction any final assessment made in pnrusance of this ordinance is set aside for irregmlarity in the ])roceeding-s, then the conncil may upon recommendation and notice as recpiired in the making- of an original assessment, make a new assessment in accordance with the pro- visions (3f this ordinance. §794. Local Assessment Roll. (Sec. dO) The auditor shall from said statement and assessing or- dinance prepare a local assessment roll, in book form, showing in suitable colnmns each piece of real estate assessed, the total amount of the assessment, the amonnts of each installment of principal and in- terest, if in pursuance to ordinance the same is pay- able in installments, and the date when such install ments will become due, with suitable colnmns for use in case of payment of the whole amount, or of any installment of penalty, and deliver the same to the city treasurer for collection, and the same shall be certified by the city clerk under the seal of the city, with his warrant for the collection of the same, and the auditor charging the amount of the assess- ment roll to the treasurer and the treasurer receipt- ing the auditor for the same. §795. Assessments Due in Thirty Days. (Sec. 31) All assessments made in pursuance to this ordi- nance shall he due and payable within thirty days of the final publication of the assessing ordinance, without demand; provided, that all such assess- ments may at the election of the owners, he paid in installments with interest as hereinafter provided. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held an election on the part of all persons inter- ested, whether under disability or otherwise, to pay in such installments. All j^ersons so electing to pay 407 in installments sliall be conclusively considered and held as consenting* to said improvements and such election shall be conclusively held and considered as a waiver of any and all right to question the ])ower or jurisdiction of the city to construct the improvements, the (piality of the work, the regular- ity or sufficiency of the proceedings, or the validity or correctness of the assessment. At the expiration of said thirty-day period, the treasurer shall return the local assessment roll, there- in showing all payments made thereon, with the date of each payment. The city auditor shall prepare a permanent local assessment roll in book form, show- ing ill suitable columns each piece of real estate or property upon which assessments are unpaid, the whole amount of the assessment unpaid, the date to which the same was computed, the amount of each installment of principal and interest, and the date when the same will become due, with suitable col- umns for use in case of payment of any installment or penalties. Said roll shall be certified to by the city clerk under the seal of the city, and by him de- livered to the county treasurer with his warrant for the collection of the same. It shall be the duty of the county treasurer to receipt for the same, and all such rolls shall be numbered for convenient refer- ence. §796. Installments. Two to Fifteen Years. (Sec. 32) In case of such election to pay in install- ments, the assessments, except for paving alone or in combination with other improvements, shall be payable in not less than two nor more than fifteen equal animal installments of principal; the assess- ments for paving alone, or in combination with other improvements, shall be payable in not less than five uor more than fifteen annual installments of ]u*inci- 408 I pal; with interest in all cases on tlie unpaid prin- cipal, payable annually at a rate not exceeding six })er centimi per annum; as the number of install- ments, the period of payment and the rate of interest may be determined by the council. §797. Installments. When Payable. (Sec. 33) Subject to the foregoing requirements, all install- ments, both of principal and interest, shall be paya- ble at such times as may be determined in and by the assessing ordinance. §798. Failure to Pay Installments. Whole Amount Due. (Sec. 34) Failure to pay any install- ments, whether of principal or interest, when due, shall cause the whole amount of the unpaid principal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per cent, per month or fraction of a month until the day of sale, as hereinafter provided; but at any time prior to the day of sale the owner may pay the amount of all delinquent installments with interest at one per cent, per month, or fraction of a month, as aforesaid, and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made. The owner of any piece of real es- tate not in default as to any installment or payment, may at any time pay the whole unpaid principal with the interest accrued. §799. Payments Within Thirty Days. Allow- ance. (Sec. 35) Payments may be made to the city treasurer at any time within thirty days of the tinal publication of the assessing ordinance and an allow- ance of the per centum added for cost of collection and other incidentals, and of the interest from the date of payment to the time the first installment 409 (‘oiiu\s duo, sliaJl ])o made on all payments made dur- ini>’ said ]Ku-iod of thirty days. §800. Sale of Property for Non-Payment. (Sec. dO) The (‘oiinty treasurer shall reecive payment of all assessments appearing upon the assessment role with interest; and in case of default in the payment of any installment or principal or interest when due, shall advertise and sell any and all property concern- ing which such default is suffered, for the payment of the whole or the unpaid assessment thereon; and said advertisements and sale shall he made at the same time or times and in the same manner, under all the same conditions and penalties, and with the same effects as are provided by general law for sales of real estate in default of payment of general taxes. §801. Evidence of Ownership Furnished Treas- urer. (Sec. 87) The owner of any divided or undi- vided interest may pay his share of any assessment, upon producing evidence of the extent of his interest, satisfactory to the treasurer having the roll in charge. §802. When Collections Paid City. (Sec. 38) All collections made by the county treasurer upon such assessment roll in any calendar month, shall be accounted for and paid over to the city treasurer on or before the tenth day of the next succeeding calen- dar month, with separate statement for all such col- lections for each improvement. §803. Indexes of Special Assessments. (Sec. 39) The city auditor and the county treasurer shall provide for ])ublic examination indexes of all special assessments against real estate, certified as above for collection, containing in suitable columns such information as may be necessary for the use of the examiners of title to such real estate. 410 §804. Bonds. Warrants. Denominations. Rec- ord. Payment. Use or Sale. (See. 40) All local iin- ])rovements shall be ]>aid for in ])ul)lic improvemeiil bonds or warrants of the city, of sneh date and in sneb form as may l)e prescribed by the conncil, bear- ing- the name of the street, alley or district improved and payal)le to the bearer in a sufficient period of years to cover, the period of payment above provided, bid subject to call as hereinafter provided, and in convenient denominations of not more than one tbon- sand dollars each. All such bonds and warrants shall be issued by the city treasurer upon the esti- mates of the city engineer; and the city treasurer shall preserve a record of the same in a suitable book kept for that purpose. All such bonds and warrants shall be subscribed by the mayor, attested by the city clerk and the seal of the city, and registered by the city auditor; said bonds and warrants to be pay- able out of the moneys collected on account of the assessments made for said improvements, respect- ively; and all moneys collected from such assess- ments for any improvement shall be applied to the payment of all bonds and warrants issued, until pay- ment be made of all of said bonds or warrants; pro- vided, that such bonds or warrants may be used by the city conncil at par, in payment for engineer- ing and other clerical expenses and cost of inspec- tion; or the mayor with the approval of the council may, upon advertisement for not less than ten days in some newspaper of general circulation, published in .the city, sell sufficient of said bonds or warrants at not less than par to pay the expense, mentioned in this proviso, in cash. §805. Rate of Interest. Interest Coupons. (Sec. 41) All such bonds and warrants shall bear interest not exceeding six per cent, per annum, as may be ordered by the council, the interest to be 4II paid senii-annually, evidenced by coupons, attested by a fac-simile of the signature of the city auditor. All such bonds and warrants, principal and in- terest, shall be payable at the city of Colorado S])rings, but if the council so orders they may also be payable at some national bank or trust company in the city of New York, in the state of New York, to be designated by the council. In all cases the bonds, warrants and coupons shall recite the place or places of payment, and when payable in the city of New York, the city treasurer is hereby authorized to remit the funds necessary for their payment, with exchange, to the institution so designated, always assuring himself that such institution is perfectly solvent. The council may by ordinance, passed by four of the members thereof, on behalf of the city, guarantee the payment of any bonds or warrants issued under the provisions of this ordinance. §806. Redemption and Purchase of Bonds. (>'ec. 42) Whenever considered prudent by the city treasurer, he may, and whenever funds may be in his hands to the credit of any improvement district, exceeding six months’ interest on the unpaid prin- cipal, he shall by advertisement for five days in some newspaper, call in a suitable number of the bonds or warrants of such district for payment; and at the expiration of thirty days from the first publi- cation of said notice the interest on the bonds and warrants so called shall cease. The notice shall specify the bonds or warrants so called by numbers; and all bonds and warrants shall be paid in their numerical order. The holder of any bonds or war- rants may at any time furnish his post office ad- dress to the 'city treasurer and in such case a copy of said advertisement shall be mailed by the treas- urer to the holder of the bonds or warrants called, at said address, on the first day of said ]mblication. 412 §807. City May Purchase at Tax Sale. Certifi- cate. Lien. (Sec. 43) At any sale by the county treasurer of any property for the purpose of paying- any special assessments for local improvements in the city, the city treasurer having written authority from the commissioner of finance, may purchase any such real estate without paying for the same in cash; and shall receive certificates of purchase therefor in the name of the city. The certificates shall be received and credited at their face value with all interest and penalties accrued by the county treasurer on account of assessments in pursuance of which- the sale was made. The certificates may thereafter be sold by the city treasurer at their face value with all interest and penalties accrued and by him assigned in the name of the city, and the pro- ceeds credited to the fund created by ordinance for the payment of such assessments, respectively. Such assignments shall be without recourse and the sale and assignments shall operate as a lien in favor of the purchasers and assignees as is provided by law in the case of sales of real estate in default of payment for general taxes. §808. When Council Can Be Compelled to Au- thorize Improvements. (Sec. 44) Whenever any improvement authorized by this act is petitioned for by a majority of the property frontage liable to be assessed, it shall be the duty of the council to authorize said improvement; provided, that if the material petitioned for is known to be worthless or poor (piality, or would not make a good, substantial, reasonably permanent improvement, the council may refuse to grant a petition for that reason. If the material petitioned for, designated in the speci- fications is a patented or proprietary article on which there can be but one bid, the council may refuse to award a contract if the entire bid shall be 413 excessive as compared with improvements of equal value, or may refuse bids or re-advertise. §809. Council Determines Sufficiency of Re- monstrance. (Sec. 4o) Whenever a remonstrance of propetry owners against public improvements ])urported to be executed under the authority of tliis ordinance is filed with the council, the council si 1 all canvass the same and determine by resolution whether or not such remonstrance is legally suffi- cient under the requirements of this ordinance, and such certification shall be final and conclusive as to the legal sufficiency of such remonstrance, and the determination of the council that no legal remon- strance has been filed shall he conclusive of that fact. §810. Contracts. How Let. Bonds, Etc. (Sec. 4(i) All contracts for local improvements shall he let by the council, upon the recommendation of the commissioner of public works and property. All such contracts shall be let to the lowest reliable and responsible bidder, after public advertisement for not less than ten days in some newspaper of general circulation, published in the city. Any other mode of letting such contracts shall be illegal and void and no such contract shall- be made without a bond for its faithful performance, with sufficient surety or sureties to be approved by the mayor and no other surety than a surety company, approved by the mayor, shall be accepted. Upon default in the performance of any contract, the council may ad- vertise and let a contract for the uncompleted work in like manner, without further ordinance, and charge the cost thereof to the original contractor on his contract; and when a deficiency shall in such case occur, the council may advance the amount thereof out of any available fund of the city, and 4T4 recover the same by suit on the original contract and bond. In all advertisements the council shall 1 ‘eserve the right to reject all bids and on rejecting all bids may again advertise without further ordi- nance. §811. Contract. Terms and Conditions. (Sec. -4-7) Every contract shall contain a clause to the effect that it is subject to the provisions of the charter and of the ordinances authorizing the im- provement; and shall require that eight hours shall constitute a day’s labor for any work done under such contract; that the aggregate payments there- on shall not exceed the aggregate estimate of the engineer or the amounts appropriated; that, upon ten days’ notice the work under such contract may, without cost or claim against the' city, be suspended by the council for substantial cause, and that upon complaint of the owner of any of the real estate to be assessed for the improvements, that the improve- ment is not being construtced in accordance with the contract, the council shall consider the com- plaint and thereupon make such order in the prem- ises as may be just and the decision of the council shall be final. §812. Procedure Where Owners Refuse to Con- nect With Mains. (Sec. 48) Before paving any dis- trict in pursuance to this ordinance, the council may order the owners of the abutting real estate to con- nect their several premises with the gas or water mains, or with any other commodities in the street in front of their several premises; and on default of the owners for thirty days after such order to make such connections, the council may contract for and make the connections aforesaid at such dis- tance, under such regulations, and in accordance with such specifications as may be prescribed by the council and the whole cost of each connection shall 415 be assessed a,i>ciirist the premises with which the comiectioii is made. Any number of such connec- tions may he included in one contract and notice shall be ^•iven to the owners of the property to be assessed as is provided for the giving of notice for the construction of sidewalks as provided for in sec- tion 12 of this ordinance, but the cost shall be paid upon the completion of the work, and in one sum, and shall not be subject to remonstrance. The cost shall be collected in the same manner as is provided in this ordinance for the collection of assessments for sidewalks; and upon default in the payment of any assessment, real estate may be held in like man- ner and with like effect, or suit may be brought for the collection of said cost. §813. Description of Property. (Sec. 49) In all ])i*oceedings and notices authorized by this ordi- nance, figures may be used instead of words, and in districts of extended areas it shall not be neces- sary to designate each piece of real estate sepa- rately, but in such cases general descriptions and (piantities may 'be used except in the assessment rolls; and except in such rolls, the cost may be stated as being of a probable or certain amount per front foot or per lot of given size. §814. Publications of Notices and Advertise- ments. How Made. (Sec. 50) Any notice, adver- tisement or publication required by this ordinance to be published, shall be held to be well given, made and ])ublished, when the same is published for the required number of days in a newspaper of general circulation in this city. In computing the number of days during which the publication is made, Sun- days, and legal holidays and all calendar days be- tvreen the first and last publication, shall be included and counted whether or not the paper is published on such days. §815. Time in Which Action May Commence. (Hec. 51) All actions legal or equitable for relief against any proceedings had under this ordinance, whether based upon irregularities or jurisdictional defects, shall be commenced within thirty days af tex- tile wrongful act complained of, or else be thereafter perpetually barred. §816. Repeal. (Sec. 52) All laws or parts of laws of this state in conflict with any of the pro- visions of this ordinance are hereby superseded, and all ordinances and parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed. [Ord. No. 817, passed July 29, 1910.] ARTICLE 5. OF GRADES, CURB LINES AND 'SIDEWALK LINES. §817. Datum Line. Bench Marks for Estab- lishing Grades. (Sec. 1) That the datum line or base of levels for establishing the grades of all the streets and alleys within the corporate limits of the city of Colorado Springs, shall be sea level and as indicated by the following bench marks, to-wit: A brass plate set in the top of the stone bench at the west side of the lower entrance on the south or Kiowa side of the city hall, the surface of which plate is six thousand thirty-five and sixty-five hundredths (6.035.65) feet above datum line. The top of the lowest stone doorsill on the east side of 417 the middle door of the old city hall, now fire station No. 1, on Nevada avenue, the surface of which stone step is six thousand twenty-six and twenty-two hundredths (0,026.22) feet above datum line. §818. Grades. How Established. (Sec. 2) x\ll • i>rades established by this ordinance, or that may hereafter be established, shall be calculated from the bench marks established by section 1 of this ordi- nance. §819. Certain Grade on Huerfano Street. (Sec. 3) The grade of the curb, gutter and sidewalk lines on Huerfano street between the east line of Cascade avenue and the west line of Tejon street shall be, and the same is hereby established as shown on the profiles and records in the office of the city engi- neer, which profiles and records are hereby confirmed and made a part of this ordinance. [Ord. No. 776, ])assed Oct. 11, 1909.] §820. All Sidewalks Must Conform to Grade. Penalty. (Sec. 4) No sidewalk, curb or gutter shall be constructed until the proper line and grade for the same shall have been obtained from the city en- gineer, and the same shall be constructed in accord- ance with the lines and grades given by said engi- neer, and subject to his superintendence, direction and control, and any person who shall construct, or cause to be constructed, any sidewalk, curb or gutter in any different manner than is provided for in this ordinance, or upon any line or grade differ- ent from that established by the city council or des- ignated by the city engineer, for any sidewalk, curb or gutter without authority from the city council shall, upon conviction thereof, be fined not less than ten dollars ($10), nor more than fifty dollars ($50) and shall cause such sidewalk, curb or gutter to be taken up and relaid at his or her own expense when- 418 ever directed so to do, under a penalty of twenty- five dollars ($25) for each and every week he or she shall suffer the same to remain after being notified to remove or replace the same by an officer of the city. [Ord. No. 753, passed May 18, 1908.] §821. Sidewalk Defined. (Sec. 1) That all that parts of the streets and avenues of the city of Colo- rado Springs, which lies between the property line and the (outer) curb as such curb is hereinafter located shall be sidewalk. [Ord. No. 753, passed May 18, 1908.] §822. Sidewalk Defined. Positions of. (Sec. 2) That all that part of the streets and avenues of the city of Colorado Springs which lies between the property line and the curb, as such curb is herein- after located, shall be sidewalk; and all prepared walks constructed within any sidewalk shall be constructed in the places or positions as hereinafter described and not otherwise. [Ord. No. 704, passed Mar. 22, 1906, as amended by Ord. No. 739, passed Aug. 19, 1907.] §823. Curb on Streets 140 Feet Wide. Width of Walk. (Sec. 3) On all streets and ayenues on which there are no street railway tracks, having a width of one hundred forty (140) feet, the outer edge of the curb shall be thirty-eight (38) feet from the property line and the prepared walk constructed within the sidewalk shall be six (6) feet wide and the inner edge thereof shall be four (4) feet from the property line. §824. Curb. Sidewalk. On Streets 100 Feet Wide. (Sec. 4) On all streets and avenues on which there are no street railway tracks, having a width of one hundred (100) feet, the outer edge of the curb shall be thirty (30) feet from the property line and 419 the prej)ared walk constructed within the sidewalk shall be six (6) feet wide and the inner edge thereof shall be two (2) feet from the property line. §825. Curb. Sidewalk. On Streets Eighty Feet Wide. (Sec. 5) On all streets and avenues on which there are no street railway tracks, having a width of eighty (80) feet the outer edge of the curb shall he twenty-two and one-half ( 221 / 2 ) feet from the pro})erty line and the prepared walk constructed within the sidewalk, shall be six (6) feet wide and the inner edge thereof shall be two (2) feet from the property line. §826. Curb. Sidewalk. On Streets 60 to 80 Feet. (Sec. 6) On all streets and avenues on which there are no street railway tracks, having a width of sixty (60) feet and less than eighty '(80) feet, the outer edge of the curb shall be fifteen (15) feet from the property line and the prepared walk con- structed within the sidewalks shall be four (4) feet wide and the inner edge thereof shall be two (2) feet from the property line. [Ord. No. 739, passed Aug. 19, 1907, as amended by Ord. No. 893, passed Jan. 29, 1913.] §827. Curb. Sidewalk. On Streets 50 to 60 Feet. (Sec. 7) On all streets and avenues having a width of fifty (50) feet and less than sixty (60) feet, the outer edge of the curb shall be twelve (12) feet from the property line and the prepared walk con- stmcted within the sidewalks shall be four (4) feet wide and the inner edge thereof shall be two (2) feet from the property line. §828. Curb. Sidewalk. On Streets 40 to 50 Feet. (Sec. 8) On all streets and avenues having a width of forty (40) and less than fifty (50) feet, the outer edge of the curb shall be eight (8) feet from the property line and the prepared walk constructed 420 within the sidewalk shall be four (4) feet wide and the inner edge thereof shall be two (2) feet from the })i*operty line. §829. Curb. Sidewalk. On Streets Less Than 40 Feet Wide. (Sec. 9) On all streets and avenues having a width of less than forty (40) feet, the outer edge of the curb shall be four (4) feet from the propert}^ line and the prepared sidewalk shall be laid solid from the property line to the edge of the (uirb. [Ord. No. 739, passed Aug. 19, 1907.]’ §830. Width of Sidewalks on Certain Streets. Exceptions to General Rules. (Sec. 10) On all the following named streets and avenues and parts of streets and avenues, the width from the property line, shall be as provided in this section, and the same shall be considered as an exception to the gen- eral provisions of the other sections of this ordi- nance. [Ord. No. 739, passed Aug. 19, 1907, as ■amended by Ord. No. 893, passed Jan. 29, 1913.] On Tejon street, the outer edge of the curb shall be fifteen (15) feet from property line, except that on Tejon street from Uintah street to San Rafael street, the outer edge of the curb shall be thirty (30) feet from the property line, and sixteen (16) feet between Boulder and Cucharras street. [Ord. No. 739, passed Aug. 19, 1907, as amended by Ord. No. 893, Sec. 10 [45], passed Jam 29, 1913, and as amended bv Ord. No. 909, Sec. 1, passed eJulv 2 , 1913.] On Pike’s Peak avenue between Cascade avenue and El Paso street, the outer edge of the curb shall be twenty (20) feet from the property line. On Huerfano street, from the west end of the viaduct to Limite street, the outer edge of the curb shall be thirty and one-half (30yo) feet from the center of the street. 421 Oh Nevada avenue, tlie outer edi>e of the curb sliall be nineteen (19) feet from the property line and the i)arking- in the center of said avenue shall be thirty-two (32) feet wide. On Cascade avenue, between Cache la Poudre and San Rafael streets, the distance between the (uirb lines shall be fifty-five (55) feet. On Cascade avenue, between San Rafael and Del Norte streets, the provisions of the ordinance which created parking- district No. 1, and paving- district No. 1, shall continue in full force and effect. On Cascade avenue, between Cucharras street and the Denver & Rio Grande railway right of way, the outer edge of the curb shall be twenty- two (22) feet from the property line, and the center parking sliall be thirty-two (32) feet. On Colorado avenue, the outer edge of the curb shall be thirteen (13) feet from the property line. On Costilla street, from Tejon street to El Paso street, the outer edge of the curb shall be twenty (20) feet from the property line; and from El Paso street to Hancock avenue, the roadway shall be forty (40) feet from curb to curb and the south curb shall be thirty (30) feet from the property line. On Wood avenue, south of Columbia street, the outer edge of the curb shall be nineteen (19) feet from the property line. On Corona street, between Willamette avenue and San Miguel street, the outer edge of the curb shall be twenty (20) feet from the property line. On Weber street, between San Miguel and Eon- tanero street, the outer edge of the curb shall be twenty (20) feet from the property line. 422 On San Miguel street, between Weber and Cor- ona streets, tbe nortli curb sliall be twenty (20) feet from tlie property line and the width of the roadway shall be sixty (o'o) feet. On El Paso street, between Cimarron street and Costilla street, the outer dege of the curb shall be twelve (12) feet from the property line. On Hancock avenue, between Cimarron street and the south city limits, the outer edge of the curb shall be fifteen (15) feet from the property line. On Institute street, between Kiowa street and San Mignel street, the outer edge of the curb shall be fifteen (15) feet from the property line. On Moreno avenue, west from Weber street, the outer edge of the curb shall be twelve (12) feet from the property line. On Spruce street, between Platte avenue and the Mesa road, the outer edge of the curb shall be twenty (20) feet from the j:>i*operty line. On Walnut street, between Huerfano street and Platte avenue, the outer edge of the curb shall be twenty (20) feet from the property line; and from the Mesa road to San Rafael street, the outer edge of the curb shall be twelve (12) feet from the property line. On the Mesa road, from Walnut street to Spruce street, the outer edge of the curb shall be ten (10) feet from the property line. On Cimarron street, between El Paso street and Hancock avenue, the outer edge of the curb shall be twenty (20) feet from the property line. On W^ashington avenue, from McKinley place 423 to Nineteeiitli street, the outer edge of the curb shall he twenty (20) feet from the property line. On Grant avenue, from Seventh street to Six- teentli street, tlie outer edge of the curl) shall he twenty (20) feet from the ])ro])erty line. On Fontanero street, from Tejon street to the east city limits, the outer edge of the curb shall be twenty (20) feet from the property line. On Kiowa street, from Wahsatch avenue to In- stitute street, the outer edge of the curb shall be twenty (20) feet from the property line, and from Nevada avenue to Wahsatch avenue the outer edge of the curb shall be twenty-five (25) feet from the })roperty line. §831. Parking. Irrigation. (Sec. 11) All park- ing shall be in such manner that it can be irrig*ated with ditch water, unless such irrigation be adjudg^ impracticable by the city engineer. [Ord. No. 739, passed Aug. 19, 1907, as amended by Ord. No. 893, passed Jan. 29, 1913.] §832. Curb Lines. Discretion of City Engineer. (Sec. 12) The city engineer, at his discretion, for the purpose of protecting trees, may narrow the dis- tance between curb lines as herein prescribed, one foot on either side, provided such change extends through an entire block. [Ord. No. 739, passed Aug. 19, 1907.] §833. Foregoing Not Apply to Certain Portions of Certain Streets, Etc. (Sec. 13) None of the fore- going regulations or exce])tions shall apply to por- tions of streets or avenues which lie between the east side of (-ascade avenue and the east side of Nevada) avenue; and the south side of Vermijo avenue and the north side of Boulder street, the regulations con- 424 / ceriiing- which shall be left for future determination. [Ord. No. 739, passed Aug. 19, 1907, as amended by Ord. No. 893, passed Jan. 29, 1913.] §834. Construction of Curbs and Gutters. Con- sent of Property Owners. (Sec. 14) No curb and gutter shall be constructed in any block (meaning thereby any one side of a block according to the re- corded plat thereof) on the curb line as herein located, except in paving or ])arking districts cre- ated by ordinance, unless the written consent of the owners of the majority of the frontage in such block to the construction of curbs and gutters in that block shall first have been filed with the city engineer. Upon the filing of such petition, the council may, at its discretion, order the construction of curbs in the entire block covered by said petition. [Ord. No. 739, passed Aug. 19, 1907, as amended by Ord. No. 800, passed Apr. 8, 1910.] §835. Property Owners Compensated. Ap- praisal of Damages. (Sec. 15) Where curbs and gutters of cement, stone or other similarly durable material, constructed by property owners prior to the passage of this ordinance, shall be so changed as to comply with this ordinance and in order to be * in conformity with curbs of cement, stone or other similarly durable construction, extending for at least two-thirds (2-3) of the length of the block in which they are situate, the property owner making such change, shall be compensated by the city for such change to the extent of the damage by him or her sustained by reason of compliance with this or- dinance, which damage shall first have been deter- mined by an appraisal by three competent persons, one of whom shall be the acting city engineer, one a person chosen by the said property owner, and the third shall be selected by those two. 425 §836. Adjustment of Reg-ulations. How Made. (SfH*. 1()) 111 (*ase, owing to tlie change in the width of a stre(‘t, or for convenience in front of places of business or public asseml)ly, or at railroad crossings, or at a])])roaches to bridges or. conduits, an adjust- ment of these regulations may be required, it shall lie made on recommendation of the city engineer by a])[)roval of tlie council and its resolution to that effect. §837. In Parking Districts. Regulation May Be Modified. (^!ec. 17) In case of the creation of any parking district, the particular regulation of this ordinance now applying to such district, may be modified to conform to the wishes of a majority of the owners of the property in such district. §838. Penalty. (Sec. 18) Any person who shall liere [in] after construct or cause to be constructed, any prepared walk or curb in this city in violation of any of the provisions of this ordinance, shall be fined in a sum not less than ten dollars nor more than fifty dollars. [Ord. No. 704, passed Mar. 22, 1906, as amended by Ord. No. 739, passed Aug. 19, 1907.] §839. Curb Line. Portion of Chestnut Street. (Sec. 1) That the curb line on the west side of Chestnut street, from the north line of Kiowa street to the south line of Platte avenue, be and the same is hereby fixed and estalfiished at a distance of forty and one-half (lOi/o) feet from tlte property line on the east side' of said street between the ])oints above designated. [Ord. No. 825, ])assed Oct. 26, 1910.] §840. Distance of Curb Line From Property Line, on Parts of Certain Streets. (Sec. 1) That the distaiice from the property line to the curb line on the parts of the streets and avenues hereinafter named, be and the same is hereby established, as fol- lows, to-wit: 426 On Cascade avenue from tJie south curb line ol* Platte avenue to the north curb line of Pike’s Peak avenue the curb line shall he twenty-two and one- half (221/^)) feet from the property line on the east side of said avenue and twenty-two (22) feet from the property line on the west side of said avenue. On Cascade avenue from the south curb line of Pike’s Peak avenue to the north curb line of Cuchar- ras street the curb line shall be thirty (30) feet from the proi^erty line on each side of the avenue. On Tejon street from the south curb line of Boulder street to the north curb line of Cucharras street the curb line shall be sixteen (16) feet from the property line on each side of said street and from the south curb line on Cucharras street to the north curb line on Vermijo avenue the curb line shall be twenty (20) feet from the property line on each side of said street. On Platte avenue from the west curb line of Nevada avenue to the east curb line of Cascade ave- nue the curb line shall be thirty-eight (38) feet from the property line on each side of said avenue. On Bijou street from the west curb line of Ne- vada avenue to the east curb line of Cascade avenue the curb line shall be twenty-five (25) feet from the property line on each side of said street. On Kiowa slreet from the west curb line of Nevada avenue to the east curb line of Cascade avenue the curb line shall be twenty-five (25) feet from the property line on each side of said street. On Pike’s Peak avenue from the east curb line of North Corona street to the east curb line of Cas cade avenue the curb line shall be twenty (20) feet from the property^ line on each side of said avenue. 427 On Huerfano street from the west curb line of Nevada avenue to the east end of the viaduct over the tracks of the Denver & Rio Grande railway com- pany the curb line shall be twenty (20) feet from the property line on each side of said street. On Cucharras street from the west curb line of Nevada avenue to the east curb line of Cascade ave- nue the curb line shall be thirty (30) feet from the property line on each side of said street. [Ord. No. 839, passed Apr. 12, 1911.] ARTICLE 6. OF THE CONSTRUCTION OF SIDEWALKS, CURBS AND GUTTERS. §841. Specifications for All Sidewalks. (Sec. 1 ) In all cases except where sidewalks are to be laid in accordance with the provisions of ordinances establishing x^oblic improvement districts within this city, it shall be unlawful for any person or cor poration to construct, lay or rebuild any stone or cement sidewalk on any j^ortion of the public streets or alleys of this city, except in compliance with the following specifications, which are hereby fixed and adopted and made a part of this ordinance. Grading. All reference to grading for sidewalks under these specifications shall be understood to re- fer only to that ])ortion of the street lying immedi- ately under the sidewalks to be constructed. When the sidewalks are to be constructed on a fill, a bed not less than two (2) feet wider than the prox:>osed sidewalk shall be pre])ared for the foundation. The 428 top of said bed shall conform to the subgrade which shall not be less than four (4) inches below the fin- ished surface of the sidewalk. All soft or spongy material or vegetable matter must be removed and re])laced with gravel and tamped to a firm bed^ When a subgrade is above the natural surface, it shall be filled with gravel to subgrade, said filling to be put in in layers not more than four (4) inches thick, dampened and rolled, or tamped, to a solid bed. The side slopes of said embankment must have a slope of not more than one (1) foot vertical to two (2) feet horizontal. When sidewalks are to be laid in adobe, wet or clay soil, the excavation shall extend not less than six (6) inches below the subgrade and then filled with gravel to subgrade. The same to be tamped to a solid foundation. Forms. Forms shall be free from warp and of sufficient ' strength to resist springing out of shape. All mortar and dirt shall be removed from forms that have been previously used. Forms shall be well staked to the established lines and grades. •All forms shall be wetted thoroughly before any material is deposited against them. Concrete Sidewalks. Cement. All cement used for sidewalks, curbs and gutters shall be any high- grade Portland cement of established reputation. It shall stand the following tests: Fineness. It shall leave by weight a residue of not more than 10 per cent, on 100 mesh, or 30 per cent, on 200-mesh sieve. Standard Test. Setting. Any cement taking its initial set in less than thirty (30) minutes, so as to bear a 4-ounce weight applied by the smooth end of a wire one- 429 twelfth (1*12) of an in diameter, shall be re- jected. Soundness. Any cement of wliich a 4-onnce pat s])read to thin ed^es on a 3-incli by 4-inch glass, and after taking* its hnal set and being immersed for three (3) hours in boiling water, shows any cracks, blowholes or curling edges, will l)e rejected by the city engineer. 3'ensile Strength. Briquettes one-inch square in section shall attain at least the following tensile strength : Neat Cement. Twenty-four hours, in moist air, 175 lbs. Seven days: 1 day in air, 6 days in water, 500 lbs. Twenty-eight days: 1 day in air, 27 days in water, 000 lbs. One ])art cement, three parts clean sand: Seven days: 1 day in moist air, 6 days in water, 100 lbs. Twenty-eight days: 1 day in moist air, 27 days in water, 200 lbs. Cement must be furnished to the engineer for tests at least ten (10) days before it is to be used. Sanq)les will l)e taken by the engineer or his author- ized dei)uty, and any tests may l)e made as he may deem necessary to obtain the best possible quality of cement for the work in hand. Cement shall be sub- ject to re-examination and tests at any time. All rejected cement shall he removed at once by order of the city engineer. Sand. The sand shall be clean and sharp, a mixture of fine and coarse grains; coarse grains ])i*e- dom ilia ting. Gravel. The gravel shall ])ass over a V|-inch mesh sieve with no stone larger than one and one- 430 half (IVii) iiH'lies in any dimension, free ('roni dirt or vej>-etable matter. If broken stone or slai»‘ is used, it ninst conform to same conditions as for gravel. Mixture. For concrete, the mixture shall be one (1) part cement, three (3) parts sand and six (fi) parts gravel. If pit-run gravel is used, the mixture shall be one (1) part cement and seven (7) jjarts gravel. For top finish, use mortar composed of one (1 ) part cement and two (2) parts sand. All concrete sidewalks constructed in paving and improvement district No. 1 and in improvement district No. 1 in the city of Colorado Springs shall consist of a five (5) inch base mixed in the propor- tions of seven (7) parts gravel to one (1) part cement, and one (1) inch of top or surface mixed in the proportion of two (2) parts sand to one (1) part cement. An expansion space of not less than one-half inch shall be left between the sidewalk and the curl' whenever the sidewalk is extended to the curb in said above mentioned districts. Mechanical mixing is preferred. In mechanical or hand mixing, the sand and cement are to be mixed dry, then sufficient water added to make it the con sistency of paste. Then wet the gravel and add to it the mixture. The whole must be mixed until it is of one color and without streaks; all parts of the gravel being thoroughly coated. All hand mixing- must be done in a water-tight box or on a platform. Laying of sidewalks. Before laying, the sur- face of the foundation shall be sprinkled until it is as wet as the concrete to be placed upon it. The concrete shall then be placed and rammed to a depth of three and one-fourth inches. It shall be immediately covered with a finishing coat to a depth -131 of tliree-fourtlis (%) inch. No concrete, when in place, shall he left longer than forty (40) minutes without tlie wearing surface or finishing coat being depositeroperly rounded in a neat and workmanlike man- ner. When sufficiently set, the walk shall be scored or jointed three (3) inches deep, into blocks not to exceed six feet square. Expansion joints not less than one-half inch wide shall be placed at intervals of not more than fifty (50) feet. When surface is finished, it is to be covered from the sun by canvas or other material and kept moist by sprinkling for at least five (5) days. Contractors will be required to plainly stamp their name at each end of walk. Stone Walks. Width' of Sidewalk. Except, as the same may be otherwise provided by ordinance in improvement districts or parked streets, all side- walks hereafter constructed or reconstructed shall be of the following widths: On streets and avenues 100 feet and 140 feet in width, six feet. On streets and avenues 80 feet in width, six feet. On streets and avenues 60 feet and less than 80 feet, four feet. On streets and avenues 50 feet and less than 60 feet, four feet. On streets and avenues 40 feet and less than 50 feet, four feet. On streets less than 40 feet, four feet. Provided, that where sidewalks have previously been constructed in front of a majority of the front- age on any whole side of any block at a different 432 distance, then the remainder of the sidewalks on the same side of such block may, at the discretion of the city engineer, be located at like distance, so that the whole sidewalk may conform to the general plan. Stone walks shall be constructed of suitable flagging, })referably of Colorado crystallized sand- stone, similar to stone from the Lyons quarries. For walks six feet wide, the flagging shall be not less than 2 feet 9 inches by 6 feet in superficial dimensions; for walks four feet wide, the flagging shall have superficial dimensions of 4 feet by not less than 3 feet; and for walks'over six feet wide, no stone shall be less than 4 feet wide or contain less than 24 superficial feet. The thickness of flagging shall be as follows: In walks over six feet in width, not less than four (4) inches at any place; in walks four feet wide and six feet wide, not less than three (3) inches at any place. • All stone flagging shall be smooth with no pro- tuberances of over one-fourth ( % ) inch on the upper surface. They shall be chisel-dressed on the edges with opposite sides parallel and adjacent edges at right angles and the four edges shall be at right angles to the top surface at every place, a. distance of at least one (1) inch down from the surface. All cutting and dressing shall be done l)efore the flag- ging is laid on the prepared bed. Flagging shall be laid with the greatest dimen- sion of the stone crossways of the walk, firmly and evenly embedded in three (3) inches of clean, coarse sand to the proper grade and pitch, with joints not to exceed one (1) inch and said joints filled with 433 Portjaiid cement i>rout composed of one (1) part (*ement and one (1) part clean sand. AVhenever flag sidewalks are laid in paving and improvement district No. 1 and in improvement dis- trict No. 1, the flags shall he laid firmly and evenly embedded in three (3) inches of concrete, to the ])roper grade and i)itch, with close joints and the joints filled with Portland cement grout composed of one (1) part cement and one (1) part clean sand. §842. Curbs and Gutters. Combined Curb and Gutter. (Sec. 2) For combined curb and gutter, the same specifications for grading shall apply as in construction of sidewalks. The top of the finished curl) shall be six (6) inches wide and built with ver- tical faces. The height of the curb shall vary ac- cording to conditions and shall be determined by the city engineer. Gutters shall be thirty (30) inches in width, regardless of the width of the street. The gutter shall have a rise of three-fourths (*Fi) inch per foot from the curb toward the center of the street and shall be six (6) inches thick. The curb and gutter shall be cut through by the use of 3-16-inch expansion plates at intervals of six (6) feet. Mixture. The mixture shall be composed of one (1) part cement, two (2) parts sand and four (4) parts broken stone or gravel; or if a natural mixture of sand and gravel is used, the mixture shall be one (1) part cement to not to exceed four (4) parts sand and gravel. Finish. When concrete has sufficiently set, the forms shall be removed and the curb and gutter finished with either float or brush. Contractors shall plainly stamp their name at each end of curb and gutter. The whole shall be kept wet and cov- ered for a period of five (5) days. 434 §843. Waste Material. Barricades and Lights. (Sec. 3) No material shall be deposited on any paved or surfaced street, without permission of the street department. Immediately upon the completion of the work, all surplus material and rubbish resulting from the construction of sidewalks, curb or gutter, shall be removed from the street at the expense of the contractor. All work and material shall be at all times provided with suitable barricades and by night with red signal lights, to warn and protect against accidents to the public and prevent damage to the work. §844. Penalty. (Sec. 4) Any person or corpo- ration violating any of the provisions of this ordi- nance shall be fined not less than ten nor moi'e than fifty dollars for each offense, and each day that such sidewalk, curb or gutter shall remain so constructed, made or rebuilt in violation of this ordinance shall be a separate and distinct offense. [Ord. No. 878, passed Oct. 9, 1912.] §845. Concrete Sidewalks in Certain Improve- ment Districts. (Sec. 1) That all concrete sidewalks constructed in paving and improvement district No. 1, and also in improvement district No. 1, in the city, shall consist of a five-inch base of concrete mixed in the proportions of seven parts of sand to one part cement, and one inch of top or surface concrete mixed in the proportions of two parts of sand to one part of cement. An expansion space of not less than one-half inch shall be left between the sidewalk and the curb whenever the sidewalk is extended to the curb in said above mentioned districts. §846. Flag Sidewalk. (Sec. 2) Whenever flag- stone sidewalks are laid in the above districts, the 435 Hag’S sliaJl be laid firmly and evenly imbedded in three inches of concrete, to the proper grade and l)itch, with close joints and the joints filled with Portland cement grout composed of one (1) part cement and one (1) part clean sand. §847. Repeal. (Sec. 3) The ordinance entitled “An ordinance concerning sidewalks, curbs and gutters,” No. 799, passed April 18th, 1910, shall be in full force and effect in said improvement districts except in so far as it is modified by the provisions of sections 1 and 2 of this ordinance. [C3rd. No. 874, passed Aug. 7, 1912.] / CHAPTER IX.' OF PUBLIC PROPERTY, HIGHWAYS AND PUBLIC UTILITIES. ARTICLE 1. OF ADDITIONS TO THE CITY. §848. Map. Approval by Council. (Sec. 1) Whenever any territory shall be laid out and sur- veyed as an addition to the city of Colorado Springs, such territory shall, upon the filing of the map or plat thereof in the office of the county clerk and recorder of El Paso County, and another such map or plat, with the city clerk of the city of Colorado Springs, to which it is desired to annex such terri- tory, become a part of said city, and be included within the limits and jurisdiction thereof; provided, that no map or plat of such addition shall be filed 43d for record with the said clerk and recorder until the same has been, by the owner or owners of two-thirds (2-3) of the area of such contemplated addition, sub- mitted to the city council of said city and approved by three-fonrths (%) of the members elected there- to, and no map or plat of such addition shall be approved by said council unless the proposed streets and alleys therein, are in conformity as to courses and angles with the streets and alleys of adjoining portions of said city, nor unless such map or plat shall show the topography of such territory as to bluffs, streams, ditches and ravines, nor until all taxes when assessed against such territory are paid, and if the said territory shall have previously been sold for taxes and not redeemed therefrom, the owner or owners thereof shall first redeem the said land from such tax sale; provided, the tax deed has not issued thereon. §849. Offering Lots for Sale Before Plat Ac- cepted, Forbidden. (Sec. 2) It shall be unlawful for any person or persons to plat or lay out into streets, alleys, blocks and lots, any land within the corporate limits of the city of Colorado Springs, and offer the same for sale either publicly or privately, unless it be platted in strict conformity with the require- ments of this ordinance, and the plat thereof ac- cepted by the city council of the said city as herein provided. §850. Survey Required. (Sec. 3) All such lands and additions to the city of Colorado Springs, hereafter sought to be laid out in lots, blocks, streets and alleys shall be surveyed by, or under the direc- tion of the city engineer. ^ ' §851. Surveys. Grades. (Sec. 4) The surveys of such new additions shall define the lines of streets by means of stones not less than two feet long and 437 four indies siiuare, jiroperly marked or iron bolts not less than two and one-lialf feet king' and one and one-lialf inches in diameter, set or driven one foot below the established grades of the streets at all ])oints of intersections of range lines; said range lines to be run approximately twenty feet from the northerly and westerly sides of each street. Stones shall he planted at each and every corner and angle of tlie boundary of additions laid out under this ordinance. Levels shall be taken over all the streets and avenues of such additions and grades established upon the same. §852. Map. Requirements of. (Sec. 5) On completion of the surveys, a ma]) shall he made uni- form in style and scale with the official map of the city, on which shall be shown- all distances and angles, positions of range stones and bolts, locations and elevations of bench marks and all other data which may seiwe to permanently establish and pre- serve the survey. §853. Profiles. (Sec. 6) Profiles shall also be made, uniform in style and scale with the official profiles of the city, on which shall be shown the grade and grade elevations of the center and side lines of all streets, avenues and courts. §854. Maps and Profiles. Filed. (Sec. 7) Said map and profiles shall be certified by the city engi- neer as to the accuracy of the surveys and ma])s, and their conformity with the requirements of this ordinance, and shall be presented to the city council for formal acceptance. When so accepted, they shall be endorsed as ‘‘Approved by the city council’^ and attested by the city clerk. The original maps and ]u*ofiles shall be filed with the city clerk, and shall l)e o])en to inspection at all reasonable hours, to prop- 438 erty owners and others interested in sneli nia])s and profiles, and dni)licates of such maps sliall l)e tiled with the city en,i>ineer and comity clerk and recorder as required hy law. §855. Changes on Profiles. Duty of City En- gineer. (b'ec. 8) It shall be the duty of the city en- gineer to make such alterations upon the official profiles of all the several divisions and uj^on the duplicates of said profiles, that may from time to time become necessary to indicate any changes that may have been made by order of the city council, or may hereafter he ordered in the established grade of any street or part of street. §856. Grading of Streets. Ditch Boxes. (Sec. 9) All streets sliall he graded to the official grade as established hy the city engineer and accepted by the city council. Ditchboxes shall be placed at all street, alleys and sidewalk crossings, and said ditchboxes shall conform to the ordinances now in force relating to ditchboxes, and must extend the full width of said streets, alleys and sidewalks. §857. Sewers. Water Pipes. When May Be Laid. (Sec. 10) No sewer or water pipes in any proposed addition to said city shall be laid or placed therein by the city of Colorado Springs, until the said proposed addition be platted as herein provided and accepted by the city council as an addition to said city. All water mains shall be laid and placed therein under the direction and supervision of the city engineer. §858. Penalty. (Sec. 11) Any person or per- sons violating any of the provisions of this or- dinance shall upon conviction, be fined in a sum not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for each offense. [Ord. No. 665, passed Jan. 18, 1904.] 439 ARTICLE 2. PROTECTION OF STREETS AND PAVEMENTS. §859. Parking* Districts. Restrictions Upon Heavy Vehicles. (See. 1) That within the limits of all parking- distriets of the city of Colorado Springs, as the same are now constituted or may hereafter be constituted, no vehicle except automobiles pro- vided with rubber tires, shall be permitted to enter upon or travel over the streets, the weight and burden of which combined shajl exceed twenty-five hundred (2500) pounds; provided, however, that such vehicles shall be permitted to cross the said parking* districts at the street intersections; and provided, further, that such vehicles shall be per- mitted to enter upon said ]3arking districts and to traverse the same for a distance not exceeding one- half block when necessary to deliver goods to a lot or lots fronting and abutting on such parking districts, and which have not a rear entrance at which said goods can be delivered. §860. Penalty. (Sec. 2) Any ])erson or persons, and the owner of any vehicle violating any of the provisions of this ordinance shall be punished by a fine of not less than two dollars ($2) and not more than twenty-five dollars ($25) for each and every offense. [Ord. No. 622, passed Feb. 27, 1903.] §861. Vehicles on Portion of Cascade Avenue. (Sec. 1) That no person shall cause any vehicle weighing, with its load, more than 2,500 pounds, ex- cept such vehicles as are provided with rubber tires or with metal tires not less than five (5) inches wide, to travel on or pass over that part of Cascade avenue between Platte avenue and Madrson street; ])ro- vided, however, that any vehicle shall be permitted to cross said ])art of said avenue at auy street inter- section. 440 §862. Penalty. (Sec. 2) Any person violating any of the provisions of tliis ordinance sliall be punished by a fine of not less tlian two dollars ($2) and not more than twenty-five dollars ($25) for each and every offense. [Ord. No. 756, passed Ang. 31, 1908.] §863. Vehicles on Portion of Tejon Street. (Sec. 1) It shall be nnlawfnl for any person to drive or cause any vehicle weighing, with its load, more than 2,500 pounds, except such vehicles as are pro- vided with rubber tires or with metal tires not less than five (5) inches wide, to travel on or pass over that part of Tejon street between Harrison street and Platte avenue; provided, however, that any vehicle shall be permitted to cross said part of said street at any street intersection. . .. §864. Penalty. (Sec. 2) 'Any person violating: any of the provisions of this ordinance, shall be fined not less than two nor more than twenty-five dollars for each and every offense. fOrd. No. 803, ])assed Apr. 13, 1910.] §865. Vehicles on Portion of Nevada Avenue. (Sec. 1) It shall be nnlawfnl for any person to drive or cause any vehicle weighing, with its load, more than 2,500 pounds, except such vehicles as are pi'o- vided with rubber tires or with metal tires not less than five (5) inches wide, to travel on or pass over that part of Nevada avenue between llari ison street and Platte avenue: provided, however, that any vehicle shall be permitted to cross said ])art of said avenue at any street intersection. §866. Penalty. ( Sec. 2) Any person violating any of the provisions of this ordinance, shall be fined not less than two nor more than twenty-five dollars for each and every offense. fOrd. No. 80-f, passed Apr. 13, 1910.] 441 ARTICLE 3. RK(;r LATINO EXCLWATION IN STREP]TS AND ALLEYS. §867. No Excavations in Streets and Alleys Without Permits and Deposits. (Sec. 1) It shall be unlawful for any person to make any excavation, except holes for trees or shrubbery, or holes for posts or poles, in any street, avenue or alley in this city without first obtaining- a permit so to do from the department of public works and property, and depositing- with the city treasurer the sum of money recpiired by this ordinance. §868. Application. Deposit. (Sec. 2) Before any person shall make any excavation, except holes for trees or shrubbery, for posts or poles, in any street, avenue or alley of this city he shall file with the department of public works and property an ^application for a ]>ermit to make such excavation. Such application shall recite specifically, and il- lustrate by sketch or plan, the exact location, depth, extent and nature of the excavation desired to be made, and state the ])urpose for which the privilege is requested, and the duration of the time required for its execution. The application shall be accompa- nied by a receipt from the city treasurer showing that the applicant has deposited with the city treasurer to the credit of the excavation fund for the depart ment of ])ublic works and property, or has to his credit in said fund the amount of money, herein specified, to-wit: Twenty-five dollars for each fifty lineal feet of trench or fractional part thereof to be excavated in gravel, disintegrated granite or other earth fillers; fifty dollars for each fifty lineal feet or fractional part thereof to be excavated in cement or macadam or bituminous i)aving. Whenever the 442 sum (le])osited l)v any person with the treasurer as above ])rovided amounts to the sum of one liundred and tweiity-tive dollars for excavations to be made in gravel, disintegrated granite or other earth filler, and two hundred and fifty dollars for excavating in cement, macadam and l)itnminons paving it shall not he necessary for such person to deposit any ad- ditional sum, except such amount as shall he re- (piired to keep the money to the credit of said person equal to the amount of one hundred and twenty-five dollars and two hundred and fifty dollars respec- tively in order to procure a permit to excavate in said materials in the streets, avenues and alleys of the city. Whenever the whole or any part of said deposit shall have been expended for the purpose hereinafter mentioned, no new permit for excava- tions shall he issued until the fund is made to equal the amount above required by further deposit with the city treasurer. The treasurer shall issue duplicate receipts for all moneys paid him under the provisions of this section; one of said receipts shall be delivered to the person making the payment and the other shall be delivered to the auditor who shall keep correct records of account with all persons making deposits with the treasurer as above provided. He shall credit said accounts with all sums paid and charge them with such amounts as shall be certified by the department of public works and property to be due said department for services rendered on account of excavations made by said persons as hereinafter provided. He shall furnish a statement of the bal- ance of each account on demand of the person hav- ing such account or on request from the department of public works and property, and shall issue warrants on the treasurer for the return of the un- expended portion of said funds when directed so to 443 do by tlie department of public works and property as hereinafter ])rovided; and he shall credit the ap- propriation of the said department with all sums which have been charged against said deposits for ex])enditures made by said department on account of excavations which have been made *by said depositors. The treasurer shall keep all moneys paid him under the provisions of this section in a separate fund to be designated as the excavation fund, and said fund shall never become a part of the general fund of the city, but said fund shall be kept exclu- sively for the purpose of returning the amounts due the depositors as herein provided, and of reimburs- ing the department of public works and property for the expenditures made on behalf of excavations made by said depositors. Any person who has made a de])osit with the treasurer for the i)urpose of securing a permit to excavate in the streets, avenues and alleys of the city as herein provided, may withdraw said de- ])osits, or so much thereof as shall remain unex- pended, by securing from the department of public works and'-property a voucher stating tlie amount that is due said party under the provisions of this ordinance. Said voucher shall be presented to the auditor who shall draw a warrant on the treasurer to be paid out of the excavation fund for such bal- ance of said deposit as shall be shown by said voucher to be due said depositor, and the treasurer shall pay said warrant so drawn out of the moneys in said excavation fund, and take a receipt in full of all claims against the city on account of said ])ay- ments. The department of public works and y^roperty shall charge against each y)erson to whom a y)ermit 444 to excavate is issued all expenses incurred by said department in complying with the provisions of this ordinance relating to tilling excavations, restoring and maintaining streets, avenues and alleys for one year as herein provided, and shall on demand of any person to whom a permit has been issued, at the ex- piration of one year from the time of the completion of said excavation, issue a voucher showing the bal- ance, if any, due said person oiit of the deposit made by him as herein provided. The said department shall also furnish the auditor a statement of all sums expended by it under the provisions of this or- dinance on account of any excavation made by any person to whom a permit has been issued. §869. Regulations Governing Excavations. (Sec. 3) No excavation shall be made in any public street, alley or highway more than two blocks in length at any one time, except by special permit from the department of public works and property. In all cases where excavations are made entirely across the public highway a substantial driveway shall be maintained by the party making the exca- vation across such public highway, until such ex- cavation is refilled and approved by the superin- tendent of streets. In making excavations in any public street, avenue or alley the surface material and earth re- moved must be kept separate and deposited in a manner that will occasion the least inconvenience to the public, with provision for proper surface drain- age and a safe passageway for travel. The refilling with earth of all trenches made in any public street, alley or highway shall be done at once, in thin layers, not exceeding six inches in depth, firmly rammed with a rammer, weighing not less than one pound per square inch of surface of the end of the 445 rammer, until the excavation is filled up to the proper line for ])lacing the wearing surface or pave- ment thereon. But in case the said refilling is not done to the entire satisfaction of the superintendent of streets, then the su])erintendent of streets shall have the right to take out all earth from the excava- tion, and have the same refilled at the expense of the ])arty who made the excavation, and charge the cost thereof against the de])osit of money belonging to the aforesaid party. The . street or alley wearing surface or pavement, after refilling, shall be placed in as good shape and condition as it was before the excavations were made. All deficiencies in material shall l)e made good with new material by the party making the excavation. Whenever a trench is exca- vated in any inihlic street, avenue or alley upon which is laid a pavement of granite, brick, asphalt, hituniinous macadam or wood blocks, the superin- tendent of streets shall direct how much of the pave- ment it will be necessary to remove, and how much of the old paving material can be nsed again. The l)avenient shall be restored in a firm and stable man- ner. Whenever a ])avement is laid on a concrete foundation, fresh cement shall be used to replace the old concrete taken out, and the old concrete may be used as a ])artial filler, and not hauled away. The new concrete and the pavement proper shall im- mediately thereafter be replaced in a good and work- man like manner. Whenever any of the aforesaid work is not done strictly in accordance with this ordinance, or in compliance with such rules and regulations as may be prescribed by the commis- sioner of public works and property, or is not prop- erly maintained for a period of one year after the conpdetion of the said work, the said su])erintendeut of streets shall cause all such work to be done and the cost thereof shall be charged against the deposit 446 liereiiibefore provided. II;* the amount (le])osited ))y the liolder of a i)ermit is insufficient to ])ay the en- tire ex})ense of replacing' any paving or surface ma- terial in as good condition as before making the excavation, the person to wliom such permit to ex- cavate was issued shall pay to the treasurer such deficiency within ten days after notice from the department of public works and property of the amount thereof. The replacement of wearing sur- face of paved streets, avenues or alleys shall be done by the city. Every person making an excavation in any street, avenue or alley, under a permit issued as herein provided, shall immediately after filling said excavation file a report with the commissioner of public works and property, giving the date when the work of filling said trench was completed. It shall be unlawful to tunnel under any paved street, avenue or alley. Excavations in any paved street shall be by continuous trench. §870. Excavations in Streets. Red Lights. (Sec. 4) It shall be unlawful for any city and county officer, contractor or other person whomsoever in this city, to dig any hole or make any excavation, drain or ditch in any street, avenue, alley or other public place within the corporate limits of the city, without providing during the night time sufficient red lights, to be placed with a temporary fence or suitable obstruction around or in front of such hole, excavation, drain or ditch, in order to prevent per- sons, animals or vehicles from running into the same; and every person violating the provisions of this section shall, upon conviction thereof, be fined for each and every offense a sum not less than five dollars nor more than one hundred dollars. §871. Permit Constantly on Ground During Work. Duty of Police. (Sec. 5) Such permit must 447 Ik* kept (‘oiLstaiitly on the ground during tjie entire progress of tlie work, and exhibited to any citizen or official asking to see the same. It is liereby made the duty of each regular police officer to inquire for permits of workmen excavating in streets, alleys or walks on his beat, and to stop any such work which is ]n‘Oceeding without a proper permit, as aforesaid, and to arrest and bring before the police magis- trate’s court the workmen or others engaged there- in, and to enter a complaint against such person or persons for a violation of this ordinance. §872, Record of Applications. Map or Plan of City. Information to Department. (Sec. 6) It shall . be the duty of the department of public works and })roperty to keep a record of all applications so made, and of permits so issued, and to prepare and keep in its office a map or plan of the city showing the exact locations, as near as may be, of each and every pipe line, cesspool, or other structure placed in any street, alley or walk thereof, and for this pur- pose it is hereby made the duty of every person or persons, company or corporation, to furnish on re- quest of said department such information as he, they or it possess regarding the location in any street, alley or walk of the city, cesspool or other structure. §873. Additional Concrete, When Required to be Laid by Owners. (Sec. 7) If for any cause exca- vations are made in any street or alley within thirty days next preceding the time that paving contract- ors are by order to begin work in paving the same, or if such excavations are made after the concrete ])ase of such proposed pavement is laid before the covering of the same with the wearing surface, then the person, persons or company making such exca- vations shall, when ordered by the department of public works and property, and according to the specifications of such department, lay or pay for the 448 layiii!L>- of at least six inches additional thickness of such base above what is provided for in the speci- fications for such pavement, and extending* to a s])ace of not less than two feet on each side of the space actually excavated. §874. Excavating Streets, Etc., for Laying Ties Without Permit, Prohibited. (Sec. 8J It shall be unlawful for any person, firm or corporation, to dig* up, o])en, or excavate, or cause to be dug up. opened or excavated any street, alley or public place within the city for the purpose of laying ties or rails of any railroad thereon, or lay or cause *to be laid any railroad tracks, or ties, or any part of the structure or material therefor, in, along* or upon any street, alley or public place within the city, without first having* obtained permit therefor from the de- partment of public works and property of said city. §875. Water and Sewer Departments Must Procure Permits. No Deposit. (Sec. 9) Both the water and the sewer departments of the city shall procure permits, except in cases of emergency, be- fore making any excavation in any street, avenue or alley of the city. When an excavation is begun or made by reason of an emergency by either of said departments, it shall be the duty of such depart- ment as soon as practicable after beginning such excavation to report the same to the department of public works and property, and to procure a permit covering* the work done and to be' done. The de- partment of public works and property shall have authority, when deemed advisable, to designate some person or persons in either the water or the sewer department to act as inspector or inspectors over excavations made by said departments. The water and the sewer departments shall each pay to the department of public works and property any and all expenses incurred by it for filling excava- 449 tioiis and I'estoriiig streets, avenues and alleys to a eondition satisfactory to said dex^artment, and the water and tlie sewer department shall com])ly with all the i>rovisions of this ordinance relating to exca- vations and the manner of taking care of and filling the same. It shall not be necessary for either of said dei)artments to make any deposit with the city treasurer in order to procure x^ermits to make exca- vations. §876. Penalty. (Sec. 10) Any person violating any of the x^rovisions of this ordinance shall, on con- viction, be fined not less than five nor more than one hundred dollars for each offense. §877. Construction of “Person.” (Sec. 11) The word “x>erson” in this ordinance shall be construed to mean person, firm, association or corporation. [Ord. No. 875, x^assed Aug. 7, 1912, as amended by Ord. No. 892, x^^ssed Jan. 29, 1913.] ARTICLE 4. REGULATING THE USE AND CARE OF STREETS AND ALLEYS. §878. Posting Bills, Etc. Erecting Signs, General Regulations. (Sec. 3) No person, firm or corporation shall attach or shall cause or allow any of his or their or its subordinates or employes to attach to any lampost, telegraph or telephone pole, hydrant, hitching post or any other erection or building wherever situated in or upon any of the streets, avenues, alleys or sidewalks, crosswalks or other public ways of this city, or upon any erection 450 or biiildiiii>’ adjoining’ any of the public streets, ave- nues, alleys, sidewalks, crosswalks or other public ways of this city, any bills, notices, letters, pictures, or characters of any kind whatever for the pur])ose of advertising- any show, ]3erforrnance, business or entertainment; provided, however, that nothing in this section shall be construed as affecting the post- ing of bills, notices, letters, pictures or characters by licensed bill posters upon private property as provided by ordinance of this city; also provided, that owners or occupants of any building shall be permitted to attach securely to such buildings, signs, etc., advertising the business carried on in such building, such signs, etc., not to project over 12 inches from said building, except as hereinafter provided, to-wit: The city council, Avith the ap- proval of the mayor, may grant permission to the owner or occupant of any building to securely attach to such buildings a sign or signs advertising the business carried on therein, the lowest portion of said sign or signs to be elevated at least eight feet from the surface of, and not to project to exceed eighteen inches over the alley or sidewalk; except that the city council with the approval of the mayor, may grant permission to the owner or occupant of. any building to securely attach to such buildings an electric sign or signs, provided that the lowest portion of any such sign or signs projecting over any alley or sidewalk shall be elevated not less than eight feet from the surface of such alley or sidewalk, and if such sign or signs project more than six feet and not more than eight feet over any alley or side- walk, the lowest portion thereof shall be^ elevated not less than twelve feet from the surface of such alley or sidewalk, and if any such sign or signs pro- ject more than eight feet and not more than ten feet over any alley or sidewalk, the lowest portion 451 thereof shall he elevated not less than sixteen feet from the surface of such alley or sidewalk, and if any such sign or signs project more than ten feet and not more than twelve feet over any alley or side- walk, the lowest portion thereof shall be elevated not less than thirty feet from the surface of such alley or sidewalk; and provided further, that no permit shall l)e granted for any such sign or signs to project more than twelve feet over any alley or sidewalk. Any permit or permits granted as above provided shall be issued in writing by the building- inspector of this city, who shall supervise the erec- tion of all such sign or signs. He shall collect a fee of fifty cents for each permit before issuing the same, which fee shall be paid to the city treasurer in like manner as other fees of his office. When in the judgment of the city council of said city any such sign shall not be maintained in a safe condition or shall have been abandoned as an electric sign by nonuse, it shall order the same to be removed within five days and any person failing to comply with such order shall be deemed guilty of a misdemeanor. Each day such sign shall remain after the expiration of said five days’ notice, shall be held to constitute a separate offense hereunder. Any person violating any of the provisions of the foregoing section shall, upon conviction, be fined in any sum not less than five dollars nor more than fifty dollars for each and every offense. §879. Signs. Failure to Remove After Notice. Penalty. (Sec. 4) All signs, structures or other de- vices of any description whatsoever for advertising- purposes which have been erected or put up over, across or upon any street, avenue, alley, sidewalk or crosswalk or other public way of, the city of Colo- rado S])rings, which if allowed to remain would be 452 in violation of section 3, shall be removed forthwith, and any person who shall neglect or refuse to re- move the same within ten days after the passage and approval of this ordinance, or after notice given by the chief of police, shall, upon conviction, be fined in a sum not less than five nor more than one hundred dollars. §880. Wooden Awnings, Etc., Prohibited. When Condemned. Penalty. (Sec. 5) Hereafter no wooden awning, porch, gallery or balcony, and no outside stairs (except those used for fire escapes), or approaches to cellars, that may extend or open on any sidewalk, street or alley, shall be erected or built within the city. No repairs shall be made upon any wooden awning, i3orch, gallery, or balcony, nor upon any outside stairs or approaches to cellars extending into or over, or opening upon any sidewalk, street or alley in this city; but whenever the same shall be- come unsafe or dangerous by reason of natural de- cay, or for other reason, they shall be declared to be a nuisance, and the commissioner of public works and property shall proceed to condemn the same and order such structure so condemned to be taken down and removed. If the owner, agent or occu- pant of the building to which said structure is at- tached shall refuse, fail or neglect to comply with such order within ten days after personal notice so to do, is served upon him by the said commissioner, the same shall be taken down and removed under direction of said commissioner. Any person vio- lating any of the provisions of this section shall, on conviction, be fined not less than ten nor more than one hundred dollars. §881. Canvas Awnings. When Permitted. Penalty. (Sec. 6) Canvas awnings supported by an 453 iron framework, securely attached to the building- in front of which said awning shall be constructed or suspended, every part of which framework and awning- shall be at least seven feet above the side- walk, may be constructed, to project over the side- walk not to exceed ten feet. If any person shall hereafter erect any awning contrary to the provi- sions hereof, every such person shall, upon convic- tion, be fined in the sum of ten dollars, and the further sum of ten dollars for each and every week he shall fail, neglect or refuse to remove or alter such awning after the first conviction. §882. Water in Pools on Sidewalk. Penalty. (Sec. 7) All persons shall keep the sidewalk abut- ting the premises owned or controlled by them so graded that water will not stand in pools upon such sidewalk, and if any person shall suffer water to stand in pools upon such sidewalk, such person „ shall be liable to a fine of not more than twenty-five dollars for each offense. §883. Irrigation Boxes Crossing Sidewalk. Left Uncovered. Penalty. (Sec. 8) It shall be the dui> of any and all persons owning, or in charge of, any lot or premises having boxes for irrigation crossing the sidewalk abutting said lot or premises, to keep said boxes securely covered, and if any boxes afore- said remain uncovered or broken in for twenty-four hours the owner or agent as aforesaid shall be liable, upon conviction, to a fine of not less than two dollars nor more than twenty-five dollars. §884. Hitching Posts and Rings. Regulations. Penalty. (Sec. 9) Posts or rings for the purpose of hitching or fastening horses may be placed in the sidewalk in front of any building, immediately with- in the curbstone or outer line of the sidewalk; but no such posts shall be placed nearer than fifteen feet 454 apart, or witliin five feet of a ti’ee; all of sueli posts shall be of iron or other metal and shall not be more than four feet in lieight, and four inches in diameter, above the sidewalk. Any person violating the pro- visions of this section shall, upon conviction, be fined in a sum not less than five nor more than fifty dollars, for each and every offense. §885. Gate. Left Open Over Sidewalk or Alley. Penalty. (Sec. 10) No gate, door or similar con- struction shall be allowed to remain open, over or across any alley or sidewalk of this city, so as to in any manner interfere with the free use of the alley or sidewalk. Any person violating the provisions of this section shall, upon conviction, be fined in any Slim not less than one nor more than fifty dollars. §886. Horses or Vehicles on Sidewalk or Cross- ing. Penalty. (Sec. 11) No person shall ride, drive or lead any horse or other work animal, either at- tached to any vehicle or otherwise, on any sidewalk within this city except when necessary for the deliv- ery of fuel or merchandise to the person occupying the abutting premises, and no person shall cause any horse or work animal or any vehicle of any^kind to stand on any street crossing in such way as to hinder free passage on said street crossing. Any person violating the provisions of this section shall, upon conviction, be fined in any sum not to exceed twenty-five dollars. §887. Snow on Sidewalk. Removal of. Pen- alty. (Sec. 12) It shall be the duty of every owner or occupant of any premises fronting on any public street or alley to remove before 9 o’clock in the morning all snow and ice which may have fallen upon the sidewalk in front of said premises. In case said sidewalk is not paved or flagged its full width, it shall be necessary to remove such snow or ice 455 only from a space four feet in width. Any person violating- the i)rovisions of this section shall, upon conviction, he lined in any sum not to exceed ten dollars. §888. Vehicles. Other Obstructions, in Streets. Penalty. Duty of Police. (Sec. 13) It shall be un- lawful for any person in the night time, between dark and daylight, to leave or place, or cause to be left or placed, any vehicle of any kind or description, having no draft animal or animals attached thereto or any other ol)struction, in any of the streets, ave- nues, lanes or alleys of the city of Colorado Springs. Any person violating any provision of this section shall, upon conviction, be fined not less than five nor more than one hundred dollars, for each and ' every oflense. And it shall be the duty of the police, firemen, fire wardens or other officer or officers of the city, having police authority, to at once remove, or cause to be removed, any and all such vehicles or other obstructions found in any street, avenue, lane or alley, in violation of this section, and convey the same to the city pound, or such other secure place as the chief of police may direct, and there kept un- til the owner thereof shall have paid into the city treasury the sum of two dollars penalty and fifty cents additional for each twenty-four hours or frac- tion thereof, that such vehicle or other article or thing shall have been held or retained by the city. [Ord. No. 654, passed 8ept. 11, 1903, as amended by Ord. No. 672, passed June 27, 1904, as amended by Ord. No. 738, })assed July 15, 1907, and Ord. No. 893, trussed Jan. 29, 1913.] §889. Receiving and Delivering Merchandise. (Sec. 1) No person while receiving or delivering- goods, wares, merchandise or ])ag-gage shall permit the same to reaiaiii on any sidewalk, or in any alley longer than is necessaiy to convey sncli articles t6 or from the premises abutting on such sidewalk or alley, or to or from which such articles are being de- livered or received, and for this pur})ose he shall not occupy over four feet of the. outer edge of the side- walk in front of his store or building; provided, that in the commission district hereinafter estab- lished, said goods, wares and merchandise may be handled as hereinafter provided. §890. Commission District Established. (Sec. 2) That there be and there is hereby established' a commission district in the city, which said district shall consist of all the property abutting on the soutli side of Huerfano street between the east curb line on Cascade avenue and the alley running north and south between Cascade avenue and Tejon street: also, all the property abutting on the east side of Cascade avenue between the soutlT curb line on Huerfano street and the north curb line on Cuchar- ras street. No person, in said district, shall block or obstruct, or permit the sidewalk in front of his place of business to become blocked or obstructed so that there shall not be at all times a clear and un- obstructed passage way on said sidewalk at least ten feet in width, and a clear and unobstructed pass- age way at least four feet wide and not more than ten feet apart from the traveled portion of the side- walk to the adjacent street, and not more than thirty inches next to the building shall.be occu])ied or used for the storage or display of goods or any other material, and no goods, wares or merchandise or other obstruction shall be permitted to remain on the sidewalk between sunset and sunrise. No ])erson shall place or pile any goods, wares, merchandise or articles on the sidewalk to greater height than six feet, or place or pile the same in a manner that will 457* iviuler the same unsafe or dangerous to any person traveling or using tlie sidewalk or street. §891. Storage on Street, Alley or Sidewalk. (See. d) No street, alley or sidewalk siiall l)e used for the storage of goods, wares or merchandise of any kind or description whatever, except as al)ove pro- vided. If any j)erson shall place or cause to be placed in or ui)on any street, alley or sidewalk any barrel, box, hogshead, crate, baggage or other ob- struction of any kind or description whatever, and shall sutfer the same to remain thereon longer than is prescribed in this ordinance, he shall, on convic- tion. be fined not less than two dollars nor more than fifty dollars for each offense. §892. Opening. Cover. (Sec. 4) Each opening- in any vault or coalhole or aperture in the sidewalk over such coalhole or vault shall be covered with a substantial iron ])late with a rough surface to prevent accidents, and the. entire construction of such coal- holes or vaults shall be subject to the direction and supervision of the commissioner of public works and property. §893. Liability of Owner. (Sec. 5) The owner or person in possession of the abutting premises, in front of which a coalhole, vault or other aper- ture is thus permitted to be constructed shall be held res})onsil)le to the city for any and all damages to persons or ])ro])erty in consecpience of any defect in the construction of such vault, coalhole or other aperture, or for allowing the same, or any portion thereof, to remain out of repair, and such owner shall be re(iuired to keep such vault or coalhole, its walls and coverings in good order at all times. §894. Responsible to City. (Sec. 6) The person in possession of any premises abutting on such vault, coalhole or other aperture shall be held responsible 458 to tlie city for any and all damages occasioned to persons or })ro})erty in consequence of the aperture in a sidewalk being lifted, exposed or uncovered, or in consequence the covering thereof being lifted, insecure or unfastened. §895. Vault Covering Secure. (Sec. 7) No per- son shall remove or insecurely fix, or cause or pro- cure, or snifer or permit to be removed or to be in- securely fixed so that the same can be moved in its bed, any grate or covering of any coalhole, vault or chute under any street, sidewalk or other public place under penalty of not less than ten dollars nor more than fifty dollars for each offense; provided, that nothing herein contained shall prevent the owner or, occupant of the building with which such coalhole, vault or chute shall be connected from re- moving the grate or covering for the proper purpose of such openings, provided, he enclosed such open- ing or aperture, and keeps same enclosed while such grate or covering shall be removed, with a strong box or curb at least twenty-four inches high, firmly and securely; provided, further, that he shall not remove such grate or covering until after sunrise of any day, and shall replace such grate or covering before one-half hour after sunset. §896. Construction Changed. (Sec. 8) When- ever any coalhole, vault or elevator under any side- walk, or any aperture constructed in any sidewalk is not covered or secured as herein provided, or in the opinion of the commissioner of public works and property is unsafe or inconvenient for the public travel, said commissioner may order same to be placed in a safe condition satisfactory to him; and if the same shall not be done within two days from the service of notice on the owner or person in pos- session of the premises, the commissioner may make such change, and the expense thereof shall l>e paid 459 by siK'li owner or person in possession of the prem- ises. §897. Street Obstructions. Vehicles. (Sec. 9) No person being* the owner or having the charge or control thereof, shall permit any wagon,* carriage or other animal-propelled vehicle of any^ kind or description, or any part of the same, to remain in or on any" street or alley within the fire limits of the city after the animal or animals have been detached therefrom; ])i'ovided, that such vehicles, when the outer part thereof is not to exceed ten feet from the curb line, may be permitted to stand in the street for not to exceed one hour’s time in front of repair and black- smith shops while said vehicles are being repaired, or the animals used for propelling the same are being shod. No animal-propelled vehicle, after the ani- mals used to propel the same have been detached, shall be permitted to stand in any street or alley" in the city" outside the fire limits during the night time or between sunset and sunrise, and any such vehicle standing in any street or alley during the daytime shall be removed whenever requested by the com- missioner of public works and property^, or any offi- cer of the police department. §898. Sales on Streets Prohibited. (Sec. 10) No ])erson shall make a stand or stopping place within any" street or alleys for the purpose of exhibiting for sale, or for the purpose of selling or offering for sale, any" horse, mules or cattle, or any^ vehicle, under ])enalty" of not less than five nor more than one hun- dred dollars for each offense. §899. Conveyance of Poles, Etc. (Sec. 11) It shall not be lawful for any" public carter or any other ])erson to cart or transport through the street, any ])lanks, ])oles, timber or other thing exceeding thirty 460 feet in lengtli, except on a suitable truck or other vehicle and such ])lank or thing* shall he placed lengthwise thereon so as not to project at either end beyond the line of the width of the side, or width of such truck or other vehicle. §900. Obstructions. Removal. (Sec. 12) The commissioner of public works and property is hereby authorized to order any article or thing whatsoever, including buildings, fences and other obstructions, which might encumber or obstruct any street, alley or public landing to be removed; if such article or thing, building, fence or other obstruction shall not be removed within six hours after notice to the owner or person in charge thereof to remove the same, or if the owner cannot be readily found for the purpose of such notice the said commissioner shall cause same to be removed to some suitable place, to be designated by him, and the owner of such article so removed shall forfeit a penalty of not more than ten dollars in addition to the cost of such removal. §901. Obstruction. Sale Authorized. (Sec. 13) Any article or thing which may be removed in ac- cordance with the preceding section, if of sufficient value to more than pay expenses thereof, shall be advertised ten days and sold by the commissioner of public works and property, unless the same shall be sooner reclaimed, and a penalty and costs paid by the owner thereof. The proceeds of such sale shall be paid in to the treasurer and the balance, if any, after deducting the penalty and costs shall be paid to any person or persons making satisfactory proof of ownership. ' §902. Blockage. Police Duty. (Sec. 14) When- ever for any cause any street or alley of the city shall be obstructed by a horse or teams attached to vehi- cles, loaded or otherwise, the commissioner of public 461 works and })ro])erty, or any police officer may giv6 sncli directions in regard to the removal thereof as may be I'ecjnired by the public convenience. Any ])erson or persons refusing or neglecting* to obey snch direction shall be fined not less than five nor more than twenty-five dollars for each offense. §903. Deposit of Building Material. (Sec. 15) No person or corporation shall be allowed to deposit or })lace in the street any lumber or other material, except by permission of the commissioner or public works and property, given in accordance with the provisions of this city. Any ])erson or corporation violating any of the provisions of this section shall be fined not less than five nor more than one hundred dollars for -each offense. §904. Removal of Street Obstructions. (Sec. lb) The commissioner of public works and property is hereby authorized to cause any stoops, steps, gal- lery, platform, cellar doors, stairs, sign posts, fruit stands or railing erected upon or over any sidewalk, street or alley in the city to he removed within a reasonable time, if notice to that effect from the com- ini ssioner of public works and property or any police officer, shall have been served upon the owner, agent or other person in possession of the premises where such obstruction occurs, and the owner, agent or per- son causing such obstruction or permitting the same to remain after said notice, shall, on conviction, he lined not less than five dollars nor more than one hundred dollars, and shall pay all costs and expenses of the required removal and the existence of such obstruction each day after receiving notice as afore- said shall be deemed and held to be a separate and distinct offense. §905. Wagon Boxes Overloaded. (Sec. 17) Any ])erson causing any cart, wagon or other vehicle to 462 stand in or be lianled over any street or alley, which causes the street or alley to be littered l)y the con- tents of sncli vehicle, either from leakage, overload- ing or by the wind scattering the contents, or any part thereof, in said street or alley or other public place, shall be tined not more than ten dollars for each offense. §906. Police Supervision. Power to Remove. (Sec. 18) It shall be the duty of the chief of police to see to the enforcement of each and all of the pro- visions of this ordinance, and each and every police- man shall, whenever' there is any obstruction in any street or alley or sidewalk in violation of this ordi- nance, endeavor to remove same; and, in case such obstmction shall be of such character that the same cannot readily be removed, then such policeman shall report same to the department of public works and property, and the said department shall remove same. §907. Penalty. (Sec. 19) Any person who shall violate any of the provisions of this ordinance where a definite penalty is not hereinbefore provided, shall, on conviction, be fined in a sum not more than two hundred dollars for each offense. [Ord. No. 921, passed Nov. 19, 1913.] §908. Cleaning Walks and Gutters. Duties of Owners. (Sec. 1) The owners or agents of the own- ers of vacant lots, and the owners, or agents or oc- cupants of houses, warehouses, stores or tenements and grounds belonging thereto or occupied by them, shall keep the sidewalks in front of and ad joining- such property clean, and immediately after any fall of snow shall cause the same to be immediately re- moved from the sidewalk and gutters fronting their respective lots or parts of lots into the driveway of the street. 463 §909. Sidewalks to be Washed. (Sec. 2) The owners or agents or occupants of houses, ware- liouses, stores or tenements and grounds belonging thereto on Tejon street l)etween the north side of Platte avenue and the south side of Cucharras street, nnd on Bijou street, Kiowa street. Pike’s Peak ave- nue, Huerfano and Cucharras streets, between the east curb line of Cascade avenue and the west curb line on Nevada avenue, and on Cascade avenue on the east side from Kiowa street to Cucharras street and on Nevada avenue on the west side from Kiowa street to Cucharras street, shall wash the sidewalks in front of such property at least once daily, Sunday excepted, during the months of June, July, August and September of each year, provided that it shall not be necessary to wash said sidewalks within twenty-four hours after a rain sufficient to wash said sidewalks, and provided further that said side- walks shall not be washed between the hours of 8 o’clock a. m. and 4 o’clock a. m. of the following day. §910. Penalty. (Sec. 3) Any person violating any of the provisions of this ordinance shall, on conviction, be fined in any sum not to exceed fifty dollars ($50). [Ord. No. 812, passed June 22, 1910, as amended by Ord. No. 907, passed June 25, 1913.] §911. Automobiles. Drainings on Street Un- lawful. (Sec. 1) It shall be unlawful for any per- son, company or corporation, or agent of any person, company or corporation owning, controlling or oper- ating any mobile, automobile or locomobile, or any machine or apparatus using electricity, gasoline or any product of petroleum for its motive power, to drain off from the crank or gear case, or from any other part of said machine, upon any public street. §912. Automobiles. Device to Prevent Drip- 464 pings From, Required. (Sec. 2) Every mobile, auto- mobile or locomobile, or any machine or apparatus using electricity, gasoline or any product of petro- leum for its motive power, shall have attached there- to a suitable device or devices for the purpose of preventing deposits from leakings or drippings be- ing made upon the pavements of public streets. §913. Leakings of Oil on Streets, Prohibited. (Sec. 3) No ])erson or persons, firms or corporations shall deposit, or cause or allow to be deposited, upon any of the public streets, paved with bituminous material, naphtha, kerosene, or any other product of petroleum, or shall convey or cause to be conveyed through said public streets so paved, any naphtha, kerosene or other products of petroleum in any tank, can or other vessel whereby the same leaks upon or is deposited upon the said pavement. §914. Penalty. (Sec. 4) Any person, firm or cor[:)oration who shall violate the provisions of this ordinance or neglect or refuse to comply therewith, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than $5 nor more than $100. [Ord. No. 868, passed July 3, 1912.] §915. Hitching Posts or Rings Required. (Sec. 1) That there shall be provided and maintained by the owner of 'every lot within the corporate limits of the city upon which there is or shall be erected a house or other building, except a business house, a suitable hitching post, ring or other device in front of the same for the purpose of fastening horses or teams thereto. And in front of all business houses there shall be kept and maintained by the respective owners thereof at least one ring or substantial hitching post of iron or other metal to be approved by the city 465 marshal, not more than 4 inches in diameter and two and a half feet in height above the sidewalk in every 1^5 feet of frontage upon the street, which shall he secured or fastened to the outer edge of the sidewalk for the purposes aforesaid. [Ord. No. dl7, passed Sept. 2, 1889, as amended by Ord. No. 387, passed Mar. 5, 1890.] §916. Penalty. (Sec. 2) Any person who shall fail to comply with the provisions of this ordinance shall be liable to a tine of not more than one dollar for every day he shall so fail, after notice by the city marshal to comply therewith. And it shall be the duty of the marshal to give all notices required by this ordinance. [Ord. No. 317, passed Sept. 2, 1889.] ARTICLE 5. OF THE REMOVAL OF WEEDS^\ND RUBBISH. §917. Weeds and Rubbish Must be Removed. (Sec. 1) It shall be unlawful for the owner, agent or lessee of any lot or tract of ground in this city to allow or permit weeds to grow or remain when grown more than one foot in height on each lot or tract of ground, or on or along any street or avenue adjoin- ing the same between the property line and the curb line thereof, or on or along any alley adjoining the same between the property line and the center of such alley. It shall be unlawful for the owner, agent or lessee of any lot or tract of ground in this city to allow or permit the accumulation thereon of dead weeds, grass, brush or rubbish of any kind, or to alio wor permit such materials to accumulate in the 466 streets or avenues adjoining' such lots or tracts of ground between the property line and curb line thereof, or on or along any alley adjoining the same })etween the property line and the center of such alley. Any person violating any of the provisions of this section shall, on conviction, be fined in any sum not less than two dollars ($2) nor more than one hundred dollars ($100) for each and every otfense; and if any owner, agent or lessee shall fail to cut such weeds or brush after notice so to do published in some newspaper published in the city, the com- missioner of public works and property may cause said weeds and brush to be cut or material to be removed once each year and assess the whole cost thereof, including five per centum for inspection and other incidental costs in connection therewith, upon the lot or lots and tracts of land from which such weeds, brush and rubbish are cut and removed as herein provided. §918. Assessments. How Made. (Sec. 2) At least once each year the commissioner of public works and property shall cause notice to be pub- lished in two papers of general circulation in the city, notifying all owners of lots or tracts of land within the city that all weeds must be cut, and all weeks, brush and other rubbish removed as provided in section 1 of this ordinance on or before a date to be fixed in said notice, and further notifying said owners that in the event they fail to comply with the provisions of section 1 in cutting and removing the weeds and rubbish as therein provided on or before the date mentioned, that the same will be cut and removed by or under the direction of the department of public works and property either by day labor or by contract, and that the entire cost of cutting the weeds and brush and removing the weeds, brust and rubbish as provided in Section 1, plus five per cent. 467 for iiis})eetion and other incidentals, will be assessed a^-ainst the lots and tracts of land owned by them. On the expiration of the time fixed in said notice the commissioner of public works and property shall cause the weeds, brush and rubbish, which has not been cut or removed as provided in section 1, to be cut and removed from all lots or tracts of ground in the city, either by contract or otherwise, and cause to be filed with the clerk a statement showing the amount to be assessed against each lot and tract of land in payment of the work done and^the cost of the inspection. The clerk shall publish a notice directed to the owners of real estate in the city, without naming them, informing them that assessments will be made against certain real estate without describ- ing it for the expense of removing weeds and rubbish therefrom as provided in this ordinance, unless cause is shown why such assessment should not be made at a designated regular meeting of the council to be held not less than ten days after the date of publication of such notice; that a description of the lots and parcels of land proposed to be as- sessed and the amount of the assessment to be levied thereon is on file in the office of the city clerk where the same can be inspected by any person interested during office hours at any time prior to the date set for the hearing before the council. The owners of such property shall be further notified that ‘if the proposed assessment is made by the council after hearing that the same must be paid to the city treas- urer on or before twenty days after such council meeting, or said assessment will be certified to the county treasurer to be levied on said lots and tracts of lands and collected the same as general taxes, and that ten per centum will be added to such assess- ment to pay the cost of collection. At the time designated in said notice the council 468 shall hear all. objections and exceptions to the amount proposed to be levied against any lot or tract of land and shall thereafter make such assess- ment against such lots and tracts of land as it shall deem just and proper in the premises. In case the owner of any lot of tract of land shall fail for twenty days to pay the amount assessed by the council against said lot or tract of ground, said assessment, together with a penalty of ten per centum added thereto shall be certified by the city auditor to the county treasurer, or the officers having custody of the tax list at the time such certificate is made in the same manner as sidewalk taxes are certified to said officer; and said treasurer shall collect all assess- ments in the same manner that general taxes are collected, and all the laws of the State for the as- sessment and collection of general taxes including the laws for the sale of property for taxes and the redemption thereof shall apply to and have full ef- fect for the collection of all such assessments, and such assessments shall be a lien in the several amounts assessed against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. §919. Auditor Issue Certificate. (Sec. 3) All the money received by the city treasurer under the provisions of this ordinance shall be kept in a special fund to be designated the “Weed Removal Fund,’’ and the money in this fund shall be used exclusively for the payment of costs incurred in cutting and re- moving weeds as herein provided. iVfter assess- ments have been levied by the council the auditor shall issue certificates to the person or persons en- titled thereto in payment of the cost or removing weeds, brush and rubbish as certified to by the de- partment of public works and property. The cer- tificates so issued by the autditor shall be presented 469 to the treasurer and shall draw interest and shall he ])aid and treated in all particulars as near as may he like certificates issued in payment of the con- struction of delinquent sidewalks in pursuance of the ordinance of this city. §920. Assessments Not Avoid Fine. (Sec. 4) The fact that assessments have been made against property as herein provided for cutting and remov- ing weeds, brush and rubbish shall not prevent the owner, agent or lessee from being punished by tine, as provided in section 1 of this ordinance, but such fine may be imposed on those found guilty of violat- ing the provisions of this ordinance in all cases whether an assessment has or has not been made in accordance with the provisions of this ordinance. ARTICLE 6. REGULATING THE ERECTING AND MAIN- TAINING OF BILL BOARDS. §921. Billboard. Permit For, Required. (Sec. 1) No person or persons, firm or corporation, shall, within the corporate limits of the city of Colorado Springs, directly or indirectly, in person or by an- other, either as principal, agent, clerk or servant, erect or maintain, or cause to be erected or main- tain, any billboard or other structure designed to be used for advertising purposes, whereon any poster, bill, printing, painting or other advertising matter whatsoever may be stuck, tacked, pasted, printed, posted, fastened or placed, without a written permit so to do, issued by the mayor, attested by the city clerk, under the seal of the city. 470 §922. Billboards Prohibited In Certain Places. Exceptions. (b'e(‘. 2) No i)ersoii or persons, firm or corporation, shall directly or indirectly, in person or by another, either as x)rincipal, agent, clerk or servant, erect or maintain, or cause to he erected or maintained, any billboard or other structure as mentioned in section 1 of this ordinance, in or upon any public street, bridge, alley, building, park or other public place within the city of Colorado Springs, which is owned or controlled by the said city, noj place, nor put any movable or transient board or boards whereon any advertising matter of any nature or kind whatsoever is affixed, stuck, tacked, printed or painted in or on any public street, avenue, alley, bridge, part, thoroughfare, building or other public place; provided, that nothing herein contained shall be construed as preventing the pro- prietors, owners or agents of any lot or lots, or of any business from advertising such lot or lots or such business upon said lot or lots within the limits of the place or premises where such business is carried on. §923. Location and Construction of Billboards. (Sec. 3) No person or ])ersons, linn or corporation shall directly or indirectly, in person or l)v another, either as principal, agent, clerk, or servant, erect or maintain, or cause to be erected or maintained any billboard or other structure as mentioned in section 1 of this ordinance, unless the same is at least 30 feet from any street front and 15 feet from any side street, and not more than 21 feet in length, and the lower side of which billboard is at least three feet from the ground and placed u])on posts not less than six inches by six inches, surfaced four sides, set to a depth of not less than three feet in the ground and extending not more than ten feet above the surface of the ground, the said posts to be not more than 471 seven feet apart and to be braced by braces not less than two inches by six inches, surfaced four sides, said braces to be securely bolted to a brace stake not less than four inches by four inches, surfaced four sides, set in the ground to a depth of not less than two feet, and said braces to be securely bolted to a post not less than nine feet above the surface of the ground. The said billboard to be made of good, substantial lumber. §924. Removal or Alteration of. Duty of Chief of Police, (^'ec. 4) It shall be the duty of the chief of police of the city of Colorado Springs to serve notice on any person or persons, firm or corporation, who shall maintain billboards or other structures, mentioned in section 1 of this ordinance, which are not in conformity with the requirements of this or- dinance, which notice shall require the parties to remove the same, or so to change and alter the same as to conform to the requirements of this ordinance within thirty days after the service of such notice; and any person or persons, firm or corporation, who shall refuse, fail or neglect to so remove or alter such billboard or other structure as to conform to this ordinance within such thirty days, shall be punished as hereinafter provided. §925. Permit. Revocable. Consent of Lot Owners Required.' (Sec. 5) The mayor of the city of Colorado Springs may, in his discretion, revoke or decline to renew any permit issued by him as pro- vided by section 1 of this ordinance, and no such ])ermit shall be issued for a greater period than one year. No a})])lication for a ])ermit to erect a bill- board or other structure designed to be used for advertising ])urposes shall be considered by the mayor of the city of Colorado Springs until the written consent of the adjoining lot owners them- 472 selves, or tlieir agents, and residents directly oppo- site to such proposed billboard, if any there be, shall be exhibited to him, together with such application. §926. Ground Around Billboard Must be Kept Clean. (Sec. 6) Any person or persons, firm or cor- poration, who erect or maintain billboards, oi* other structures, as described in section 1 of this ordi- nance, shall, at their own expense, keep the ground on either side of said billboards clean and free from waste, tilth and accumulation of, any kind or nature whatsoever, and shall keep the same in good, healthy, clean and sanitary condition; and any failure to comply with this section shall be punished as here- inafter provided. §927. Bond Required. (Sec. 7) Any person or persons, firm or corporation, who erect or maintain billboards within the city of Colorado Springs, shall, before receiving any permit from the mayor, give a bond to the city of Colorado Springs in the sum of six thousand dollars, with surety or sureties, to be approved by the city council of said city, conditioned that the said person or persons, firm or corporation, shall hold the city of Colorado Springs harmless from any judgment or judgments or from any costs or expenses occasioned by any injury or casualty happening to any person or property, real or per- sonal, either directly or indirectly, through the erec- tion or maintenance of any billboard or other struc- ture, at any and all points in the city of Colorado Springs. §928. Penalties. (Sec. 8) Any person or per- sons, firm or corporation, who, either as principal, clerk, agent, employe or servant violates, disobeys, omits, neglects or refuses to comply with the provi- sions of this ordinance, shall, upon conviction, be fined in a sum of not less than five dollars, and not 473 more than one hundred dollars; and ev^ery omis- sion, negleel, violation or continuance of the thing commanded or prohibited by this ordinance for twenty-four hours after notice shall constitute a sep- arate and distinct otfense and shall be punished accordingly. [Ord. No. 515, passed June 3, 1898.] ARTICLE 7. OF THE ACQUISITION OF LAND FOR PARKS, AND PARK REGULATION. §929. City May Acquire Lands. (Sec. 1) The city of Colorado Springs shall have authority in the manner hereinafter provided to acquire, establish and maintain public parks, or pleasure grounds with- in or without the corporate limits of the city, and boulevards, parkways, avenues, driveways and roads without its corporate limits; provided, the same are within at least ten miles of the corporate limits. §930. Property. How Acquired. (Sec. 2) Prop- erty which may be required for any of the purposes named in section 1 of this ordinance may be acquired whenever the council shall pass an ordinance pro- viding for the acquisition of such property, which ordinance shall, among other things, provide a full general description of the proposed property to be purchased, the total maximum estimated cost there- of, the manner in which such property shall be ac-^ quired, whether by purchase, condemnation, con- struction or otherwise, the maximum amount of bonds to be issued, the time when such bonds shall 474 mature, the h-ate of interest thereon, and the place or places of payment, within or without the state, and shall authorize the acquisition of such property in the manner so stated and at not to exceed such total maximum estimated cost therein stated. Such ordinance may provide for the charge and collection of admission or entrance fees to all or any })art of the property so proposed to be purchased after it shall become part of the park system of the city, in order to pay for its purchase, and for the maintenance and upkeep of said park system, and that the bonds issued for the purchase of such prop- erty shall be primarily payable out of any revenue arising from or out of such property. §931. Question of Issuing Bonds Submitted to Electors. (Sec. 3) Upon the pasage of such ordi- nance the council shall by ordinance call a special election to be held within not less than thirty nor more than sixty days, unless a general election is to be held in the city within ninety days from the date of the passage of such ordinance, for the purpose of submitting to the vote of such qualified electors of the city as shall in the year next preceding such election have paid a property tax therein, the ques- tion of issuing bonds of the city to pay for the pur- chase of the property authorized to be purchased in said ordinance. When the ordinance authorizing the purchase of property as herein provided is passed within ninety days of the time fixed for holding a general election, the question of the issuance of said bonds shall be submitted at such general election and not at a special election. §932. Council Pass Bond Ordinance. (She. 4) If at any such election a majority of the tax paying- electors voting thereon vote in favor of the issuance of said bonds, the council shall acquire such property 475 and shall by ordinance, irrepealable, until the in- debtedness therein provided for and the bonds issued in pursuance thereof shall have been fully paid, authorize the issuance by the city of such bonds to such an amount as are '^necessary to pay for said property authorized to be purchased, which or- dinance shall provide for the date and the form of the said bonds and the interest coupons thereto at- tached and shall set forth in substance the text of the said bonds and coupons and the time or times and place or places of payment thereof, and the said ordinance may also provide for a sinking fund and for the ‘redemption and call of such bonds at such intervals and in such amounts as to the council may seem advisable, and for the manner in which the said bonds and the interest thereon shall be paid. All bonds issued under said ordinance shall be signed by the mayor, countersigned by the auditor, attested by the clerk and have the seal of the city affixed thereto, and the coupons thereto attached shall bear the fac-simile signature of the said clerk; and such bonds and the interest shall be paid by the treasurer of the city without warrant from the auditor therefor. Bonds so issued in pursuance of such vote for the acquisition of property for parks or the other public utilities, works or ways as afore- said from which the city will derive a revenue when said bonds are by their terms primarily payable out of said revenue, shall not be included in determining the limitation of the city’s power to incur indebted- ness. §933. Bonds or Proceeds Used To Purchase Property. (Sec. 5) The bonds issued as herein pro- vided or the proceeds thereof to the extent that may be necessary, shall be used to purchase such prop- erty, and said property shall belong to the city and 476 be under the control and supervision of the park cominission of the city. §934. Repeal. (Sec. 6) All laws or parts of laws of this state in conflict or inconsistent with any of the provisions of this ordinance are hereby super- seded, and all ordinances in conflict or inconsistent with any of the provisions of this ordinance are here- by repealed. [Ord. No. 793, passed Feb. 23, 1910.] §935. Cheyenne Park Boundaries. Whereas; the city of Colorado Springs has purchased and come into possession of property in Cheyenne canon, be- ing six hundred and forty acres in sections thirty- three (33), thirty-four (34) and thirty-fi^ve (35) township 14 south, range 67 west, and sections two (2) and three (3) township 15 south, range 67 west, county of El Paso, state of Colorado, for a public park; be it ordained by the city council of the city of Colorado Springs: Cheyenne Park Dedicated. (Sec. 1) The prop- erty above named is hereby dedicated as a public park, and shall be known as and called Cheyenne Park. [Ord. No. 215, passed Oct. 5, 1885.] §936. Park Rules and Regulations. Whereas, By resolution of the park commission of the city of Colorado Springs, adopted on the 6th day of June, A. D. 1911, certain rules, regulations and orders were adopted, which rules, regulations and orders are as follows, to-wit: Prohibited Acts. All persons are forbidden to enter or leave the parks except by the walks, paths or drives; to lead or allow to be loose any animal upon park premises except that dogs may be led or carried, but not allowed loose; to throw stones or other missiles by hand or otherwise, to carry or dis- charge firearms, or to set off any fireworks or similar things in the parks; to cut, mark, break or climb 477. upon, or in any way injure or deface the trees, shrubs, plants, turf or any of the buildings, fences, bridges, signs, placards or notices, or any structures or prop- erty within or upon park premises; to bring upon , park premises any tree, shrub or plant, any newly plucked branch or portion of a tree, shrub or plant; to race with horses, automobiles, motorcycles or bi- cycles; or to ride or drive faster than twelve miles an hour within Palmer park or faster than twenty- three miles an hour on any of the other park drives, roads or boulevards; to drive any animal or vehicles anywhere in the parks, except in the drives, or to allow them to stand unattended, except at the hitch- ing places especially provided for such purposes; to obstruct the drives or paths; to stand or keep in or upon any park premises, without special permission in writing from the park commission, any horse, burro or other animal, or any hack, carriage, auto- mobile or other vehicle, for the purpose of hire or solicitation of patronage; to solicit patronage for any vehicle for hire upon any park premises without special permission in writing from the park commis- sion; to drive or take any job or freight wagon in or upon any of the park premises, except those in park employ, private wagons conveying families, or upon special written permission from the park com- mission; to trail vehicles, to use threatening, abus- ive, insulting, indecent, obscene or profane language, or to be’ guilty of drunkenness, lighting or quarrel- ing, or indecency in or upon any of the parks; to lie, lounge or sleep on the benches or to lie in indecent positions on the benches or the ground; to tell for- tunes or to play games of chance, to offer any article or thing for sale, except by written permission of the park commission; to distribute or expose any kind of circulars or advertisements, or post, stencil or otherwise affix any notice or bills or other paper upon any structure, fence, tree or thing in or about 478 the park premises, park drives, roads or boulevards; to bathe or fish in or to send any animal into or throw or place any article or thing in any of the waters of the parks; to fish for or to disturb any of the fish in any of the ponds or streams in the parks; to shoot at, catch or disturb any water fowl or other birds belonging to, preserved in, or being in or about the parks; to touch, molest or destroy the nest or nests of any birds, or the eggs therein, within any of the parks; or to take, carry or display any flag, ban- ner, target or transparency, or to fly any kite within or upon any park or to parade, drill or perform therein any military or other evolution or movements as a military, target company, civic or otherwise, without the written consent of the park commission; to light, make or use any fire therein at any place or places, except such as may be designated by the park commission for that purpose; to go on foot or other- wise upon the grass, lawn or turf of the parks wher- ever the sign ^‘Keep Off the Grass is shown. No shrubs, plants or flowers shall be taken, or given away from any of the parks, without written permission from the park commission, except for the decoration of soldiers^ graves, to be cut under di- rection of the superintendent of parks for use May 30th, of each year. • No gathering or meeting of any kind, nor public speaking, shall be permitted in the parks without the written permission of the park commission. No intoxicating liquors, as intoxicating liquors are defined in the ordinances of the city of Colorado Springs, shall be allowed to be sold or given away, or to be brought into, used, or drunk within any of the parks of the city, or upon any of its boulevards, driveways or roads under the control of the park commission. 479 No person shall drop, throw or place any waste paper, straw, dirt, weeds, ashes, refuse or waste, swill or other rubbish, though not offensive to health, in or upon any park or property, boulevard, drive- way or road under the control of the park commis- . sion, or any part thereof. No person shall be permitted to build or place any tents, buildings, booths, stands or other struct- ures in any of said parks, boulevards, driveways or roads under the control of the park commission, without first obtaining the written permission of the park commission. Tearing Up Pavements, Sidewalks, Etc. No person shall dig, injure or tear up any pavement, sidewalk, crosswalk, grass plot or roadway, or any part thereof, or of any parking, boulevard, driveway or road, or dig down to, expose or tear up, discon- nect or connect with any of the water pipes or sew- ers in or under any parking, boulevard, driveway or road under the control of the park commission with- out first having obtained the written permission of the park commission. Moving Buildings. No person shall move any building along, across, or upon any park, boulevard, driveway or road under the control of the park com- mission without first having obtained the permission of the park commission. Funerals. No funeral procession or hearse or any vehicle carrying a corpse will be allowed upon any part of the parks under the control of the park commission, without previous written consent of the park commission. Heavy Teaming. Loads Over Two Thousand Pounds Prohibited. It shall be unlawful for any 480 person or persons to haul, or cause to be hauled, in any vehicle, in or upon any part of the parks, boule- vards, driveways or roads under the control of the park commission, any coal, stone, brick, dirt, or other article or articles, weighing together with the vehi- cle two thousand pounds or more; provided that this prohibition shall not be applied to omnibuses, hacks or carriages. Wagon Boxes to be Tight. It shall be unlawful for any person to engage in driving within or upon any parks, boulevards, driveways or roads under the control of the park commission, crushed stone, sand, gravel, sawdust, ashes, cinders, lime, tan bark, shavings, waste paper, ice, mortar, earth, coal, bricks, stone, rubbish, manure or other loose material likely to sift, fall or be blown upon such parks or streets, except in tight wagon boxes, or on wagons securely covered with canvas, and tilled only to water level, and in case the same fall or be scattered within or upon any parks, boulevards, driveways or roads un- der the control of the park commission, such person shall cause it to be forthwith removed. Wagon Boxes Overloaded. It shall be unlawful for any person to cause any cart, wagon or other vehicle to be loaded and heaped up so that the con- tents, or any part thereof, shall be scattered within or upon any parks, boulevards, driveways or roads under the control of the park commission. Loose Cattle. Loose cattle or horses shall not be allowed to be driven in or upon, along or through, any part of the parks, boulevards, parkways, ave- nues, driveways or roads under the control of the park commission, without the written permission of the park commission. Automobiles, Etc., Not to Enter Canons or High 481 Dri ve. No automobile or motorcycle shall be permit- ted to enter or be driven in what is known Mon- ument Valley park, South or North Oheyenne canons, or upon the high drive, without the permission of the park commission. Duties of Park Police. It shall be the duty of the park police appointed to duty in the parks, with- out warrant, forthwith to arrest any offender against any of the rules, regulations and orders of the park commission, whom they may detect in the commis- sion of such otfense, and to take the person or per- sons so arrested forthwith before a magistrate hav- ing competent jurisdiction. And whereas, by sec- tion 6781 Kevised Statutes of Colorado, 1908, the city council is authorized to provide for the enforce- ment of the rules, regulations and orders of the park commission; therefore. Be It Ordained by the city council of the city of Colorado Springs: Penalty. (Sec. 1) Any person or persons who shall violate any or either of the provisions of the above and fore- going rules and regulations of the park commission, or any provision of any paragraph thereof, or who shall neglect or fail to comply with any or either of the requirements thereof, shall, upon conviction, pay a fine of not less than one dollar nor more than two hundred dollars for each offense, and a further pen- alty not exceeding fifty dollars for every twenty-four hours that such violation shall continue after notice given by any officer or agent of the park commission to remove, discontinue or abate the same. [Ord. No. 934, passed Dec. 24, 1913.] ARTICLE 8. OF FORESTRY. §937. Inspection of Trees, Etc. (Sec. 2) That 482 every person, firm or corporation shipping or bring- ing in to the city of Colorado Springs for sale any trees, vines, shrubs, scions, cuttings or grafts shall forthwith notify the city forester theerof and no person, firm or corporation shall sell, offer for sale, distribute or plant the same or any part thereof, without having applied for and obtained from the city forester a permit therefor, and no permit there- for shall be granted by such forester if in his opinion such trees, vines, shrubs, scions, cuttings or grafts are so infected, or are in such a condition as to be deleterious or dangerous to the life or health of plants and trees in the city. §938. Planting, Trimming, Etc. of Trees, Etc. Permits. (Sec. 3) No person, firm or corporation shall plant, trim, spray, remove, destroy, cut, deface or in any way injure any tree or shrub in any of the streets, avenues or public highways, or on public grounds of the city without first applying for and obtaining therefor, a permit from the city forester, except as hereinafter specified. No application for such a permit shall be refused by the city forester except for good and substantial reasons. §939. Powers of Park Commission. (Sec. 4) That the powers of the park commission of the city are in no way interfered with by any of the provi- sions of this ordinance. §940. Trees to be Planted Ten Feet Apart. (Sec. 5) No trees shall be planted in any street, ave- nue or public highway nearer to each other than ten feet and shall be planted as directed by the city for- ester. §941. Hitching Horses to Trees Prohibited. (Sec. 6) That no person shall hitch or fasten any horse or other animal to any tree or shrub growing 483 or situate in any public street or on public ground or place, nor allow any animal to stand near enough to any tree or shrub to bite, rub against or otherwise injure the same. §942. Duties of Forester. Inspection. (Sec. 7) That it shall be the duty of the city forester to in- spe(‘t all trees, shrubs and plants within the limits of the city, and upon discovering any such to be in- fected with scale or insect detrimental to the growth, health, and life of such trees, shrubs or plants, to at once so notify the owner or agent of the premises whereon the same is located of the condition and to direct such owner or agent to eradicate, remove and destroy such condition or remove and destroy such trees, shrubs or plants, whereon it shall be the duty of such owner or agent to comply with the directions of the city forester. Said forester shall spray and otherwise care for all trees and shrubs along the streets, avenues and alleys of the city and the council shall provide such forester with the proper appa- ratus for ‘so caring for said trees. The said forester shall on request of the owner or agent of any prop- erty spray or cause the trees and shrubs thereon to be sprayed and charge the owner or agent of said properly a reasonable amount for the services so rendered. §943. Dead Trees, Etc. Removal of. (Sec. 8) That it shall be the duty of the city forester to re- quire the owner or agent of any premises whereon is situate any dead trees or overhanging boughs, dangerous to life, limb or property, to remove the same within a reasonable time to be fixed by such forester in his notice to such owner or agent and in case the owner or agent fails to follow the require- ments of such notice, then it shall be the duty of the city forester to remove and destroy the same at the 484 expense of such owner or agent, and in case such owner or agent fails to pay such expense the city shall recover the same by suit. §944. Owner Must Plant Trees When Required. (Sec. 9) That it shall be the duty of every owner or agent of any premises abutting on any public street or highway to plant trees upon that portion of said street or highway upon such premises abutting as may be required by the city forester, and also to trim and care for any trees or shrubs situate upon that portion of said street or highway upon which such premises abut, as shall be required by the city for- ester, and to comply with the requirements provided for in this section within a reasonable time after re- ceiving notice thereof in writing from such forester, such time to be stated in such notice; provided, that the city forester shall spray or cause to be sprayed such trees as may be required. §945. City Watersheds. Sale of Dead and Down Timber. Reforestation. (Sec. 10) That it shall be the duty of the city forester when directed by the mayor to supervise the sale of dead and down timber and the reforestation of the city’s watersheds. §946. Duties of Forester. Enforcement of This Ordinance. (Sec. 11) That it shall be the duty of the city forester to attend to the enforcement of the foregoing regulations, and to any others that may hereafter be adopted by the council for the protec- tion of trees, shrubs and plants, in the city, and on the city’s watershed. §947. Pay Moneys Collected to Treasurer. (Sec. 12) The city forester shall keep in a book provided for that purpose an accurate account of all moneys received by him as city forester, and receipt for the same and pay all moneys received by him in any cal- 485 eiidar month to the city treasurer on or before the 10th day of the succeeding- month. §948. Penalty. (Sec. 13) That any person, firm or corporation violating any of the provisions of this ordinance or failing to comply with any notice or direction given by the city forester under the provi- sions hereof shall, on conviction, be punished by a fine in the sum of not less than one nor more than one hundred dollars, apd each and every day that any person, firm or corporation shall fail to comply with any notice in writing received from the city forester, under the provisions of this ordinance, shall be deemed a separate offense and punished accordingly. [Ord. No. 818, passed Aug. 3, 1910.] ARTICLE 9. OP THE PUBLIC LIBRARY. §949. Public Library Established. (Sec. 1) In accordance with the provisions of the laws of the state of Colorado, as particularly expressed in an Act entitled ‘^An act concerning free public libraries and reading rooms in cities and incorporated towns, approved April 10th, A. D. 1899, there is herby established by the city of Colorado Springs a public library and reading room for the use and benefit of the inhabitants of the said city of Colorado Springs, and the same shall be maintained by the said city of Colorado Springs in accordance with the provisions of the said laws of the state of Colorado, above referred to, and such other laws as are now or may hereafter be made, applicable thereto. [Ord. No. 642, passed May 18, 1903.] §950. Taking Book Contrary to Rules of Li- brary, Penalty. (Sec. 1) Every person who shall 486 take from tlie ])iil)lie lil)i*ary any book, pamphlet periodical, paper or other proi)erty, except in ac- cordance with the rules of such library, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine in the sum of not less than $5 nor more than $25 for each offense. §951. Failure to Return Book. Penalty. (Sec. 2) Every person who shall take or borrow from the public library any book, pamphlet, periodical, paper or other property, and neglect to return the same within two weeks from the date of mailing a notice to his address, shall be deemed guilty of a misde- meanor and on conviction thereof, shall be punished by a fine in the sum of not less than $1 nor more than $10 for each otfense. §952. Wilful Injury of Book or Property of Library. Penalty. (Sec. 3) Every person who shall wilfully and maliciously or wantonly and without cause, write in, upon, or injure, deface, tear or de- stroy in whole or in part, any plate, book, picture, engraving, map, newspaper, magazine, pamphlet or manuscript or written or engraved or printed paper belonging to the public library of the city of Colo- rado Springs, or shall suffer any such injury to be inflicted while such property is in his or her custody or shall wilfully, maliciously or wantonly injure any of the furniture or property in the building of the public library, or the public library building, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than $5 nor more than $100 for each and every such offense. §953. Fines Go To Library Fund. (Sec. 4) All fees [fines] collected under this ordinance shall be paid over to the library fund for the use of the public library of the city of Colorado Springs, and it shall 487 be the duty of tlie city attorney promptly to prose- cute all violations of this ordinance. [Ord. No. G87, passed Apr. 3, 1905.] ARTICLE. 10. OF THE SUPERVISION OF PUBLIC SERVICE CORPORATIONS AND UTILITIES. §954. Street Cars. Rate of Speed Prescribed. (Sec. 1) That the Colorado Springs Rapid Transit railway company, its sucessors and assigns, be and it and they hereby are authorized to run its or their cars on all lines of street railway now owned, con- trolled or operated or hereafter owned, controlled or operated by it or them in the city of Colorado Springs, Colorado, at a speed not to exceed eight (8) miles per hour inside the fire limits of said city, and sixteen (16) miles per hour outside of said limits. [Ord. No. 596, passed Feb. 17, 1902.] §955. Street Cars. Shield to Protect Motormen From Weather. (Sec. 1 ) It shall be, and it is hereby made the duty of all persons, companies or corpora- tions, owning or operating car lines or cars, in the city of Colorado Springs, Colorado, to furnish and affix to each of said cars, a suitable structuie or shield, made out of glass, iron and wood, well adapt- ed to protect the driver or motornier of such car, from the .inclemency of the weather during the months of October, November, December, January, Febniary, March and April of each year; such structure or shield to be so arranged as not to intei’- fere with the vision of the driver or motornier. §956. Shield. Operation of Street Car Without, 488 Prohibited Certain Months. (See. 2) It shall be im- lawfiil for any person, company or corporation, own- ing‘ or operating any such street car lines, or street cars in the said city of Colorado Springs, to operate any such cars during the months of October, Novem- ber, December, January, February, March or April of any year without having attached thereto during said months, a suitable structure or shield, as set forth in section 1 hereof, well adapted to protect the motornier or driver of such car, from the inclememjy of the weather, and so arranged as not to obstruct the vision of such motornier or driver. §957. Penalties. (Sec. 3) Any person, company or corporation owning or operating any street car line or street car in the said city of Colorado Springs who shall violate any of the provisions of the two foregoing sections, shall, upon conviction thereof, be fined in the sum of not less than five dollars nor more than one hundred dollars; and each day’s omission or neglect to comply with the terms and require- ments of the two foregoing sections, shall be con- sidered a distinct and separate offense to be punish- ed in like manner. [Ord. No. 544, passed Jan. 15, 1900.] §958. Electrolysis. (Sec. 363) Every person operating any railroad or street railway within the jurisdiction of the city upon which cars are operated by electricity with a grounded return circuit for conveying electricity shall install and maintain a metalic return circuit of such cross-section and con- ductivity for conveying the electricity that the maximum difference of potential will not at any time exceed one volt between any part of such metallic return circuit and any water pipes belong- ing to the city, and that there will not be a variation in difference of potential exceeding one-half volt between any two measurements made at the same 489 tini(‘ at points aloiii>’ and upon said metallic return cir(‘uit within a distance of not more than three hundred feet from each other. [Ord. Xo. 7^)0, passed Apr. d, 1907.] §959. A., T. & S. F. Railroad Crossing's. Flag- men or Gates Required. (Sec. 1) That the xVtchison, Topeka and Santa Fe railway company be and it hereby is recpiired to ])lace a flagman, or a gate, or other safety appliances for the safety and ])rotection of tile traveling public upon the following streets at the |)laces where the railroad track of such conij^iny crosses said streets, to-wit: Platte avenue, Boulder street, AVillamette avenue, Columbia street, Del Norte street. North Wahsatch avenue, Uintah street. Fountain street and El Paso street at a point where the said railroad track crosses El Paso street be- tween San Rafael and Uintah streets and the said Atchison, Topeka and Santa Fe railroad company is hereby recjuired to maintain, keep, perform and operate such gates or safety appliances, or to keep and maintain flagmen at each of the above men- tioned street crossings as the council may designate and require; the said gates or safety appliances to be oj)erated, maintained and kept, and the said flagman to be ke])t, at such street crossings constantly. §960. C. M. Railroad Crossings. Flagmen or Gates Required, (^'ec. 2) That the Colorado Mid- land railway coTn])any be required to ])lace a flag- nian, or a gate, or other safety appliances for the safety and protection of the traveling ])ubli(*, upon the following streets at the place where the railroad track of such company crosses said streets, to-wit: Bear (h*eek road. Sierra Madre street. Cascade ave- nue, Tejon street, Nevada avenue and Weber street; and that the said The Colorado Midland railway company l)e required to maintain, kee]), i^erform and 490 ()])erate sucli i>ates or safety a])pliances and to keep and maintain a flagman at eaeli of the above men- tioned street erossings; the said gates or safety a])- l)liances to he operated, maintained and kept, and the said flagman to he kept, at sneh street crossings constantly. §961. D. & R. G. Railroad Crossings. Flagman or Gates Required. (Sec. 3) That the Denver & Rio Grande railway company be required to place a flag- man, or gate, or other safety appliances, for the safety and protection of the traveling public, upon the following streets at the place the said railroad track of said company crosses said streets, to-wit: The Bear Creek road and the Mesa road, and that the said The Denver & Rio Grande railway company be required to maintain, keep, perform and operate such gates or safety appliances and to keep and maintain a flagman at the above mentioned street crossings; the said gates or safety appliances to be operated, maintained and kept, and the said flagman to be kept, at such street crossings constantly. §962. Construction of This Ordinance. (Sec. 4) Nothing herein construed, or act of any person, com- pany or corporation, by reason of the passage of this ordinance, shall be held or construed to be in the nature of a contract between the said city and any person, company or corporation, or lessee, owning, controlling or operating any railroad; nor shall any provision of this ordinance be construed to release any person, company or corporation from any obli- gation now existing, or which may hereafter be im- posed by the city of Colorado Springs, to raise or lower their tracks, or to constuct subways, or to build viaducts at any or all streets within said city when ordered so to do by the city council, and noth- ing in this ordinance contained shall commit the city 491 of Colorado Springs to any permanent plan or sys- tem for the operation of railroad cars, engines' or trains, or the protection of the public or streets or at street crossings, or the regulation, control and supervision of railroad tracks within said city; but the said city of Colorado Springs reserves the right to alter, amend or repeal any of the provisions here- in contained, and also to exercise full control and supervision over the operation of all railroads within the city of Colorado Springs the same as if this ordi- nance had not been passed. §963. Penalties. (Sec. 5) Any person, company or corporation owning, leasing or operating any rail- road herein named, who shall, by themselves, their agents or employes, violate or fail or neglect to ob- serve any of the provisions of this ordinance, shall for each violation thereof be fined in any sum not less than ten dollars ($10) nor more than two hun- dred dollars ($200); provided further, that every day any such ])erson, company or corporation shall fail or neglect to construct any of the gates or struct- ures or to place a flagman as herein provided for, sixty (60) days after the passage of this ordinance, shall be held and considered a separate offense. §964. Interfering With Grates or Safety Appli- ance. Penalty. (Sec. 6) Any person or persons who shall wilfully or maliciously interfere with, or in any way obstruct, to the detriment or injury of any gates, fences or other safety appliances as designated here- in shall, upon conviction thereof, be fined ip a sum not less than ten dollars ($10) nor more than fifty dollars ($50) for each offense. [Ord. No. 561, passed Oct. 1, 1900, as amended by Ord. No. 893, passed Jan. 29, 1913.] §965. Duties of Railroad Companies and Em- ployes. (Sec. 1) It shall be the duty of every rail 492 road comi)aiiy which shall keep and maintain a safety gate, or gates, at any point where any street crosses the track or tracks of said railroad company, and it shall also be the duty of each employe of any •said railroad company in charge of said gate or gates, to lower the same upon the approach to said crossing of any locomotive, car or train, and to raise the same immediately after the passing of said loco- motive, car or train; and such gates shall be raised and lowered promptly and so as not to interfere un- necessarily and unreasonably with travel upon the streets. §966. Penalty. (Sec. 2) Any corporation or its employes failing to comply with the provisions of this ordinance shall severally be deemed guilty of an offense, and upon conviction thereof shall be ffned not less than $5 nor more than $25 for each violation of this ordinance. [Ord. No. 323, passed Jan. 6, 1890.] §967. Railroad. Ring Bell at Street Crossing. Whistle Forbidden. (Sec. 1) In all cases where a railroad crosses a public street within the limits of this city, immediately upon the approach of every train to such crossing, the engineer, conductor or other person having charge of or running such train, or railroad, shall cause the bell of the engine draw- ing such train to be rung until the said engine has passed over such crossing; and every train shall cross such streets at a speed not exceeding eight miles per hour; and no engine or cars shall be per- mitted to stop at any time upon such street crossing, so as to prevent the free passage or cause an obstruc- tion thereon; and the full width of any street across which a railroad shall pass shall be kept free and un- obstructed by engines or cars; and no whistle of any engine shall be sounded within the city limits, [Ord. No. 274, passed July 5, 1887.] 493 §968. Penalty. (Sec. 2) Any and every engi- neer, conductor or other person having charge of or running aii}^ locomotive, engine or train on any siicli railroad, who shall violate any provision of the fore- going section, shall be deemed guilty of a misde- meanor, and, on conviction thereof, shall he fined in a sum not less than twenty-five nor more than two hundred dollars for each offense. [Ord. No. 158, passed Oct. 3, 1881.] §969. Telegraph, Telephone, Etc., Poles. Erect- ing Without Consent of Council. Penalty. (Sec. 1) Hereafter it shall he unlawful for any person to plant, set, or erect any pole or poles for the support of wires or other appliances for conveying electricity or other power for purposes of telegraph, telephone, electric light or electriG^i30wer, or for any other pur- })ose whatever, in any street or alley in this city, without first obtaining the consent of the city council of this city therefor; and if such cousent therefor be obtained such i^ole or poles shall be jdaced under the direction of the committee on streets, alleys and bridges of this city. Any person who may violate any of the provisions of this ordinance shall be fined in a sum not less than five nor more than one hun- dred dollars. §970. Poles Taken Down. (Sec. 2) Any i)ole placed contrary to the provisions of this ordinance shall be taken down and removed. [Ord. No. 369, passed June 2, 1891.] m CHAPTER X. OP THE DEPARTMENT OF PUBLIC HEALTH AND SANITATION. ARTICLE 1. ORGANIZATION AND SCOPE OF THE DE- PARTMENT. §971. Department of Public Health and Sani- tation. (Sec. 12) The commissioner of public health and sanitation shall have the supervision aiid con- trol, subject to the general oversight of the mayor, of all the health and sanitation departments of the city. It shall be his duty to see that all laws and ordinances relating to health and sanitation are en- forced, and he and all regularly appointed employes of the department of public health and sanitation shall have the right and power to arrest any person or persons who may violate any of the rules or regu- lations of the department. He shall keep the streets and other public places in a clean and sanitary con- dition. He shall have charge over and supervision of the health officer, the city chemist, the plumbing and sewer inspector, the marketmaster, and the superintendent of cemeteries, and each of their of- fices and all the apparatus, material and supplies therein or connected therewith. He shall have charge of all public scales, and it shall be his duty to see to the enforcement of all laws and ordinances relating to weights and measures. He shall purchase all supplies for his department in the manner pro- vided by ordinance. He shall audit and approve all pay rolls, and all bills and accounts for the expendi- 495 ture of money in his department, before the same are presented to the auditor. The JiealtJi officer, the city chemist, the market- master, the i)limibing- inspector, the superintendent of cemeteries, and all the officers and employes in each of said offices or departments, and all scalenien, i>'arhage and dnmpmen, and junk dealers and collect- ors and all officers and employes in the sewer de- partment, and all property or apparatus used in the health department or in connection therewith, are distributed and assigned to the department of public health and sanitation. The commissioner of the department of health and sanitation may employ and discharge or- dele- gate to any subordinate the power to employ and discharge all day laborers and unskilled workmen in his department, and he may suspend any officer or employe in said department for a period not to exceed ten days whenever in his judgment the public interests demand or will be better subserved thereby. x\ll j)ersons employed in the department of imblic health and sanitation, except unskilled workmen and day laborers, shall be appointed by the mayor from persons recommended by the commissioner for the respective offices or positions to be filled. The com- missioner shall not recommend any person for health officer who is not a graduate of a reputable medical college and who has not practiced medicine for at least five years, and who has not been a resident of Colorado Springs for at least two years next preced- ing his recommendation, and who has not been licensed to practice medicine in this state, and whose license is not recorded with the county clerk and rec'order of El Paso County, in accordance with the laws of this state. Idle commissioner shall not recommend any per- 496 son for city clieiiiist, marketmaster, plninbiiig in- spector or siiperintendent of cemeteries who is not properly skilled and qualified for the efficient and ca])al)le performance of his respective duties. [Ord. No. 778, passed Oct. 20, 1909.] ARTICLE 2. OF THE HEALTH OFFICER. §972. Health Officer. (Sec. 101) The health officer shall possess the qualifications and be ap- pointed as provided by the charter. He shall, in ad- dition to the duties and obligations imposed upon him by the charter of the city, do and perform such acts and things as are required of him by the ordi- nances of the city, and by the commissioner of public health and sanitation. [Ord. No. 730, passed Apr. 3, 1907, as amended bv Ord. No. 894, passed Feb. 5, 1913.] §973. Control. Supervision. Advice. (8ec. 102) The health officer shall be the head of the health department and shall have the management and control of all matters and things pertaining thereto. He shall have and exercise a general super- vision over the sanitary- conditions of the city, and all orders and directions emanating from said de- partment shall be issued in his name. He shall give to the mayor and other city officials all such profes- sional advice and information as they may require with a view to the preservation of the public health. §974. Powers. Duties. (See. 103) The health officer shall enforce all the laws of the state and the ordinances of the city and all rules and regulations 497 of the health department in relation to the sanitary condition of the city. He shall cause all nuisances to he properly abated, and for the purpose of carry- ing out the requirements of this section he shall be permitted at all times to enter into any premises, house, store, stable or other building or place, to cause the floors to be raised if he shall deem it nec- essary in order to make a thorough examination of cellars, vaults, sinks or drains, and to cause all privies, cesspools and grease traps to be cleaned and kept in good condition, and to cause all dead ani- mals or other nauseous or unwholesome substances or things to be buried, removed or disposed of as he may direct. In order to carry out the provisions of this section, the health officer shall cause a notice to be served upon the owner, occupant or agent of any lot, building or premises in or upon which any nuisance may be found or who may be the owner or •cause of such nuisance, requiring him to abate the same within a reasonable time, specified in such notice. If such owner, occupant or agent shall fail or refuse to comply with such order, he shall be fined not less than ten nor more than fifty dollars for every such failure or refusal. And the health officer, upon the expiration ,of the time specified in said notice shall cause such nuisance to be abated and the ex- pense of such adatement shall be collected from the person who may have created, continued and suf- fered such nuisance to exist. §975. Communicable Diseases. (Sec. 104) The health officer shall, whenever he shall hear of the existence within this city of any case of Asiatic cholera, smallpox, diphtheria, membraneous croup, scarlet fever, scarlet rash, scarletina, typhoid fever, typhus fever, measles, mumps, whooping cough, chicken pox, tuberculosis, pneumonia, cerebral spinal meningitis or any other communicable disease 498 dangerous to the public health, investigate the same and adopt measures to arrest its progress. He shall visit and examine, or cause to be visited and ex- amined, all sick persons who shall be reported to him as laboring or supposed to be laboring under any such disease, and shall cause all such infected per- sons to be removed to such safe and proper place or places as he may think necessary, and cause them to be provided with suitable nurses and medical at- tendants, at their own expense, if they are able to pay for the same, but if not, then at the expense of the city. He shall impose such restrictions on and exercise such supervision over all persons afflicted or sick with any such disease as shall be necessary to protect from such disease all persons not of necessity connected with such persons so afflicted or sick. To aid in securing the isolation of a person afflicted with any such disease, he may cause a notice, printed or written in large letters, to be placed upon or near any house in which any such person may be, upon which notice shall be written or printed information setting forth the disease and quarantine regulations for such disease. If, after any such notice shall be posted, any person shall de- face, alter, multilate, destroy or tear down the same, without permission of said officer, such person shall be fined not less than five nor more than twenty-five dollars for each offense, and every occupant of any house or building upon which any such notice shall be placed as aforesaid shall be held responsible for the removal of the same. §976. Disinfection of Premises, Etc. (Sec. 105) The health officer shall have power to cause any house or premises to be cleansed, disinfected or closed to visitors, and prevent persons from resort- ing thereto while any such house or premises con- tains any persons sick with any such communicable 499 disease. Lie may direct any nuisance to be abated or any unwholesome matter, dirt, filtli, to be removed from any house or premises and may prescribe tlie time and mode of doing* so, and take any other measures he may deem necessary or proper to pre- vent tlie spread of any disease. lie shall at all times keej) on hand, so far as is practicable, a sufficient (juantity of antitoxine to permit of the treatment therewith of any dependent and deserving* person who may apply to him for that purpose, and he shall, without charge, treat with antitoxine any such per- sons who may apply to him and who, in his opinion, require such treatment. §977. Isolation Hospital. (Sec. 106) The health officer shall have charge of the city isolation hos- pital and shall have power to employ such assistants and nurses as be may deem necessary. He shall see that such hospital is supplied with suitable furni- ture, nourishment, fuel and medicines, and that any person dying* therein is promptly and properly buried. §978. Shall be City Phpician. (Sec. 107) The health officer shall be the city physician, and when requested by the chief of police shall visit the police station and examine and make provision for the care of all persons there found to be sick or injured. He shall when requested by the mayor or attorney, visit, investigate and examine all cases of physical injury claimed or alleged to result from defective streets, alleys, sidewalks, or bridges or from any cause which might render the city liable for damages, and report the result of such investigation and examination to the mayor or attorney, as may be. §979. Rules and Regulations. (Sec. 108) The health officer shall have power to make such rules and regulations in relation to the sanitary condition 500 of tlie city and for the prevention or suppression of disease not inconsistent with the provisions of this chapter, as he may deem necessary or advisable. Such rules and regulations shall not take effect until approved by the health commission, except in case of communicable diseases or in case the sanitary condition of the city shall be of such a character as to warrant it. In such cases it shall be the duty of said officer to make such rules and regulations and to take such measures and to order and cause to be done such acts for the preservation of the public health, though not herein or elsewhere or otherwise authorized, as he may believe and declare the public safety and health demand, and all such rules and regulations so declared by him to be emergency rules and regulations shall, as soon as may be after the promulgation of same, be reported by him to the said commission for approval. Any person who shall vio- late, disobey or refuse to comply with any rule, order or regulation of the health department, made in con- formity with the provisions of this section shall be fined not less than five nor more than twenty-five dollars for each offense. §980. Police Powers. (Sec. 109) The health of- ficer and all regularly appointed members of the department shall have the right and the power to arrest or cause to be arrested any person who vio- lates any of the provisions of this chapter. §981. Books and Records. (Sec. 110) The health commission shall provide the necessary books for keeping a record of all transactions of said de- partment, including the proper registration of all births and deaths and such other statistical informa- tion necessary for the efficient working of said de- partment. And it shall also keep on hand all neces- sary blanks required by this chapter to be used by 501 |)liysi(‘ians and furnish them with the same on appli- eation. §982. Annual Reports. Estimates. (Sec. Ill) The health officer shall annually on or before the first day of February, send to the council a statement of the work performed by his department during the preceding year, together with such other informa- tion and suggestions regarding his department as he shall deem proper to be submitted. He shall also prepare and submit to the auditor on or before the first day of December of each year, an estimate of the whole cost and expenses of providing for and main- taining his department during the ensuing fiscal year, which shall be in detail and shall be laid by the auditor before the council with his annual estimate. §983. Compensation. (Sec. 112) The compen- sation to be paid the health officer for his services is hereby fixed at fifteen hundred dollars per annum. No other compensation shall be allowed or paid by the city to the health officer for any services what- soever. §984. Assistants and Employes. Bonds. Sala- ries. (Sec. 113) There shall be appointed as pro- vided by the charter, such assistants and employes in the health department as are provided by ordi- nance, and said assistants and employes shall be bonded in such sum and receive respectively the salary prescribed by ordinance, and such assistants and employes shall perform such duties as may be assigned to them by the health officer, and by the commissioner of public health and sanitation. [Ord. No. 730, Chap. 17, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] 502 ARTICLE 3. OF PHYSICIANS, SURGEONS, PI I A ICM AGISTS AND OTHERS. §985. Registration. (Sec. 198) No physician, surgeon, dentist or pharmacist shall ])ractice or carry on his hnsiness in this city until he shall have registered with the health department, in a register ke])t for that purpose. Any person violating any of the provisions of this section shall be lined not less than five nor more than fifty dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907.] §986. Physicians to Report Births. (Sec. 115) It shall he the duty of every physician, surgeon or midwife who attends 'the birth of any child within this city to report the same to the health department within two weeks from the date of such birh. Such reports shall be made in writing upon blanks fur- nished by said department and shall show the name of the child if the child shall be named within such time, the time and place of birth, the name of the father, the maiden name of the mother, the sex and color of the child, whether it be born alive or dead, and such other information as the health department shall require. If such report shall not include the name of the child, then the clerk shall obtain and include same in his records within ninety days from the filing of such report. xVny physician, surgeon or midwife refusing to comply with any of the provi- sions of this section shall be fined not less than five nor more than twenty dollars for each offense. §987. Physicians to Report Deaths. (Sec. 116) It shall be the duty of every physician or medical adviser who attends at the last illness of any person within this city, or .of a coroner when a case comes under his jurisdiction, to report the death of such 503 person to the liealtli department within twenty-tour hours after sneli death. Such reports shall be made in writing- upon blanks furnished by said depart- ment, and shall show the full name, age, sex, color and occupation of deceased, whether single or mar- ried, and the place, time and cause of death, and such other information as the department shall re- quire. It shall be the duty of the householder of the house where the death occurred, or the person hav- ing the care or supervision of the person dying, to give full information concerning the death, to the physician or coroner. Any person violating any of the provisions of this section shall be fined not less than five nor more than twenty dollars for each of- fense. [Ord. No. 730, passed Apr. 3, 1907.] §988. Poisons. Sold on Prescription. (Sec. 197) No druggist, apothecary, pharmacist or any other person shall sell, barter, exchange, give away, dispose of or deliver to any person within this city, any morphine, strychnine, laudanum, o])ium, cocaine, carbolic acid or any extract or product thereof, ex- cept upon the written prescription of a duly licensed physician, as provided in this article, and except upon the day of the date of such prescription; and there shall be for each such sale, barter, exchange, gift, disposal or delivery, a special and distinct pre- scri])tion in each and every instance. Every drug- gist, apothecary or pharmacist in this city shall keep a register in such form as the health department shall recjuire, showing the date of sale of any such ])oison or any extract or product thereof, and the name and address of the person to whom sold. §989. Contents of Prescription. (Sec. 198) The ])rescription shall have the date thereon of the day on which it is made, and be signed by the licensed ])hysician making it. Such i)liysician shall be a 504 g-rachiate in medicine, and, as siicli, liave a diploma from a legally constituted or chartered (*ollege or medical institution, and the i)rescription shall con- tain the name and residence of the i)atient for whom it is intended, and the number and street or ])lace of the })hysician’s office or residence. §990. Prescription Open to Inspection. Keep for Three Years. (Sec.- 199) All such i)rescri])tions sliall be o})en for inspection by tlie attorney, chief of police, or any police officer, and shall be kept for three years after receipt of same. No |)erson shall refuse or prevent the inspection of such prescription or any thereof by any of said officers. §991. Fraudulent Prescriptions Forbidden. (Sec. 200) No person shall present any false or fprged or untrue or fictitious inescription for any poison or obtain the same by means thereof, or give any false or fictitious name, or give or make any false statement or false re])resentation to obtain or in ob- taining iioisons. §992. False Statements and Improper Prescrip- tions by Physicians Forbidden. (Sec. 201 ) No ]diysi- cian shall put any wrong or false date on .any |)re- scription for any morphine, strychnine, laudanum, opium, cocaine, or carbolic acid, or any extract or product thereof, or any pre])aration or com])ound of which it is an element or ingredient, or give any such prescription containing any false statement or representation, or give any such ])rescri])tion for a dose or (luantity greater than usual or necessary for bona fide purposes, to cure or to prevent sickness or disease. §993. Crude Carbolic Acid Mixture and Whole- sale Sales Excepted. (Sec. 202) The ])ro visions of this article shall not apply to the sale of crude cai*- 505 S3 l)oIi(‘ a('i(l ill (]iiantities exceeding one gallon, or to tlie sale or solution or mixture containing equal por- tions of carliolic acid, glycerine and alcoliol, nor to the ('oimner(H‘ or the trade to or between wholesale druggists and retail druggists, apothecaries or phar- inachsts, or sales or gifts to public institutions, char- itable institutions or hospitals for medical use there- in. §994. Penalty. (Hec. 203) Any ])erson violating any of the provisions of this article shall be fined not less, than ten nor more than one hundred dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907.] §995. Peddling Drugs. (Hec. 194) No person shall sell or ]>eddle, from house to house, or upon the streets, ways or pul)lic places of the city, any medi- cines or drugs, unless such person shall first have registered with the health department his name and address and furnished the health officer with a sam- ple and the true formula of such medicines or drugs, and receive from him a permit to sell or peddle the same. 91iis section shall not apply to traveling salesmen dealing directly with physicians or drug- gists. Any person violating any of the provisions of this section shall he fined not less than twenty - five nor more than two hundred dollars for each of- fense. §996. Distributing Patent Medicines. (Sec. 195) No person shall distribute or cause to be distrib- uted to or among pedestrians, or to throw or place on or cause to he thrown or ])laced into or upon any car, vehi(‘le or other conveyance along or upon any public street or alley of this city, or to throw, place or leave, or cause to be thrown, ])laced or left into or u])on any yard, porch or premises, any drug, physic or medicine of any kind, or sample tliereof. Any 506 person violating’ any of the provisions of this section slmll be fined not les than ten nor more than one hun- dred dollars for each offense. §997. Health Department Provide Register. (Sec. 196) The health department shall provide a suitable register within which to register the names, addresses, dates and places of graduation and dates of license of physicians and surgeons, dentists and pharmacists, and for the registration of peddlers of drugs and medicines; and shall, upon the registra- tion of any person, as in this article required, issue to said person a certificate of the fact of such regis- tration, and, in case of peddlers, a permit, as in this article required. [Ord. No. 730, passed Apr. 3, 1907.] ARTICLE 4. OF QUARANTINE AND VACCINATION. §998. Physicians to Report Communicable Dis- eases. (Sec. 127) It shall be the duty of every physi- cian residing or practicing within this city, to give written notice to the health department immediately of any case of Asiatic cholera, smallpox, diphtheria, membranous croup, scarlet fever, scarlet rash, scar- letina, typhoid fever, typhus fever, measles, mumps, whooping cough, chicken pox, trachoma, contagious conjunctivitis, tuberculosis, pneumona, erysipelas, cerebral spinal meningitis, or any other disease dan- gerous to the public health that he may be called to attend professionally, and any .physician who shall fail or refuse to give such notice as herein re- quired within twenty-four hours after he shall visit and ascertain the character of any such disease, 507 s]iall be fined not less tlian ten nor more than twenty- five dollars for each and every day he so neglects to give such notice. In all cases where there is no })hysician in attendance, it shall be the duty of any householders, hotel or lodging house keeper, or other person having knowledge of the existence of any such disease, to give such notice as herein required of ])hysicians, with like penalty for failure or refusal, to the health department within twenty-four hours after first having discovered the same. §999. Establish Quarantine. (Sec. 128) During the existence of any such communicable disease, the health officer shall have the power to quarantine any such disease, and (luarantine shall be deemed to be: 1. The placing of a card of not less than 8 x 14 inches in size, having Imprinted thereon in large letters, the ([uarantine rules of the health depart- ment, upon such conspicuous place on each building, hall, lodging room or place wherein exists any such disease, as will best protect the pulhic health. 2. The separation of the sick from all other l)ersons, if possible, except the members of the family, the attending ])hysicians and nurses. \ o. That no ])erson shall leave such ])remises ex- ce])t the attending ])hysicians, without the permis- sion of the health officer. 4. That no article that has l)een used on or about the sick with any such disease shall be re- moved from the sick room nor from the ])remises, until the same has l)een ])roperly disinfected. Any person violating any of the provisions for (]uarantine shall he lined not less than twenty-live dollars for ea(‘h offense. (^luarantine shall he established and maintained 508 in each and every case for at least the period named herein, to-wit : Asiatic cliolera, 21 days; diphtheria, 21 days; meml)ranous croup, 21 days; scarlet fever, scarletina, scarlet rash, 42 days; smallpox, 28 days. The health officer shall have power to prolong- the ])eriods of (piarantine to such time as he shall have satisfactory evidence that the patient is free from disease. I)i})htheria. All persons who may have diph- theria shall he properly isolated and shall not be allowed to attend day school, Sunday school or other })lace of public meeting for a period of at least three weeks, or until the throat is clear. Erysipelas. All persons who may have erysip- elas shall be properly isolated and shall not be al- lowed to attend day school, Sunday school or other place of public meeting for at least one week after the disappearance of the skin inflammation. Measles. All persons who may have measles shall be properly isolated and shall not be allowed to attend day school, Sunday school or other place of’ public meeting for a period of at least three weeks, or such time as any complication may be present. Mumps. All persons who may have mumps shall be properly isolated, and shall not be allowed to attend day school, Sunday school or other place of public meeting for a period of at least three weeks. Pertussis. All persons who may have pertussis shall be properly isolated, and shall not be allowed to attend day school, Sunday school or other place of public meeting, while the characteristic “whoop” may be present. Scarlet Fever. No person who lives in any house or dwelling within which there has been a 509 (*ase of s(‘ai*Iet fever shall be allowed to attend day school, Sunday school or other place of public meet- ing- for at least eight weeks from the time the patient in said house or dwelling was taken with such dis- ease, and in any case, said person shall not be per- mitted to attend any such place of public meeting for a ])eriod of two weeks after building has been fumi- gated. Smallpox. Every person suffering from small- pox shall be sent to an isolation hospital immediately upon the discovery of such disease. Every person who shall have been in any manner exposed to small- pox shall be vaccinated and kept in detention for two weeks from the time of such exposure. The health officer shall cause every house or premises in which a small-pox patient has been, to be properly disin- fected. Typhoid Fever. x\ll persons who may have ty- phoid fever shall be properly isolated, and the ex- creta must be properly disinfected under the direc- tion of the health department. \"aricella. All persons who may have varicella shall be properly isolated and shall not be allowed to attend day school, Sunday school or other place of public meeting for a period of two weeks, or until such a time as all scabs shall have fallen off from the body. §1000. Disinfection. (Sec. ]29) It shall be the duty of the health officer, at the termintaion of any case of such communicable disease, to disinfect, or cause to be disinfected, the premises upon which such disease shall have occurred, together with all in- fected furniture, bedding, clothing, and other arti- cles. If any person as owner, occupant, lessee or agent, shall refuse to permit, or in any manner in- terfere with the health officer to disiiife(‘t [)roperly any house, builcliiig or ])lace where there has been such communicable disease, he shall be fined not less than five nor more than twenty-five dollars for eacli offense. §1001. Release of Quarantine. (Sec. 130) No order for the relase of quarantine shall be made by the health officer until he is satisfied that the rules and regulations of the department have been com- plied with. The attending physician or any person having charge of the sick, shall, on recovery of such person, transmit a statement to the health officer stating the name of the person sick and when he re- covered. If any physician or other person shall re- lease any quarantine without a written order so to do of the health officer, he shall be fined not less than five nor more than twenty-five dollars for each offense. §1002. Not to Attend School or Other Public Places. (Sec. 131) During the existence of any com- municable disease in any family household or place within this city, and until after the recovery of the sick and the disinfection of the premises where such disease shall have existed, no person residing in such household, family or place, shall be permitted to attend school nor any public place without written permission from the health officer; and no superin- tendent, teacher or officer of any school shall allow any child or person from any such household, family or place, to attend any school without a permit signed by the health officer, showing thorough dis- infection of the person, clothing and premises. Any person violating any of the provisions of this section shall be fined not less than twenty-five dollars for each offense. §1003. Expense of Quarantine. (Sec. 132) All 511 (‘X])eiises iiK'iiri'ed on account of any j)erson or g’oods under any (jiiarantine i-e^nlation of this city, shall he paid hy sncli ])erson or hy the owner of such i>-oods, res})ectively. §1004. Not Rent or Lease House. (Sec. 133) Xo person, 'wliether as owner, occnpaiit, lessee or a^ent, shall rent or lease, or permit to be occupied hy any ])erson, any house, room or place in which there has been any of the communical)le diseases named in this article, or in which any person has died from tuberculosis, until the same has been disinfected and such disinfection ai)proved hy the health offi- cer. Any person violating- any of the provisions of this section shall he fined not less than ten nor more than one hundred dollars for each offense. §1005. Not Sell Clothing. (Sec. 134) No per- son shall give, lend, sell or offer for sale any clothing or other article liable to convey infection of any such communicable disease unless the same has been dis- infected and such disinfection approved by the health officer. Any person violating any of the pro- visions of this section shall be fined not less than five nor more than twenty-five dolars for each of- fense. §1006. Not Remove Any Person Sick. (Sec. 135) No person shall remove or cause to be removed, or assist in removing any person sick with any such communicable disease from any house or place within this city to any other house or place, without a per- mit from the health officer, first ])rocured for that pur])ose, and no person shall drive or use any vehi- cle, or permit any vehicle belonging to him or un- der his control or charge, to be driven or used for the conveyau(*e of any ])erson sick with any such communicable disease, without first obtaining a per- mit from the health offi(‘er. Any ])crson violating 512 any of the provisions of this section shall he fined not less than tive nor more than twenty-five dollars for each offense. §1007. Not to Bring Persons Sick With Small- pox Into the City. (Sec. 136) No person having charge or the management of any railroad car or any l)assenger or freight train, engine or street car, nor any other person, shall knowingly l)ring into, oi‘ cause to enter this city, any person sick with, or having been exposed to, smallpox or varioloid. Any person violating any of the provisions of this section shall be fined not less than twenty-five nor more tlian one hundred dollars for each offense. §1008. Vacate Building. (Sec. 137) Whenever it shall be decided by the health officer that any building or part thereof is unfit for human habitation by reason of its being infected with any communica- hle disease or from other causes, if it is likely to cause sickness among the occupants, notice of such disease or other cause may be fixed conspicuously upon the huilding or part thereof decided to be so infected, and personally served upon the owner, les- see or agent, requiring all persons therein immedi- ately to vacate said building or part, thereof for the reasons to be therein stated. If it shall be necessary, in the judgment of the health commission, to pre- serve the public health, such building shall be removed or destroyed at the expense of the owner, agent or lessee or said property. §1009. Burial, Contagious Diseases. (Sec. 138) The body of a person who has died from any con- tagious disease shall not be removed from the room wherein death occurred until it has been wrapped in a cloth saturated with a proper disinfectant, then tightly enclosed in a coffin. The body then shall be huried immediately without the attendance of any 513 person other tJian is necessary for the interment thereof; or, if transported, it shall he prepared for transporation under the rules and reg-ulations of the Colorado state board of health governing* the trans- portation of bodies dead from such contagious dis- ease. Any person violating any of the provisions of this section shall he hned not less than ten nor more than twenty-five dollars for each offense. §1010. Burial, Communicable Disease. (Sec. 139) The funeral of any person dead from any com- municable disease, except tuberculosis, shall be pri- vate, and no undertaker, sexton or other person hav- ing charge or direction of the burial of any person dead from any such disease shall permit the coffin or casket containing such body to be opened in the presence of any child, nor shall any child be per- mitted to act as pall bearer or carrier at the funeral of any such person. Any person violating any of the provisions of this section shall be fined not less than five nor more than twenty-five dollars for each of- fense. [Ord. No. 730, passed Apr. 3, 1907, as amend- ed by Ord. No. 894, passed Feb. 5, 1913.] §1011. Smallpox. Vaccination. (Sec. 204) The health department may take such measures as it may deem necessary to prevent the spread of small- pox and may require any and all persons in the city to be vaccinated within such time as it shall pre- scribe. The health officer shall at all times keep on hand, as far as practicable, a sufficient quantity of vaccine lymph, so that he may be able to vaccinate any and all persons who may apply to him for that purpose. He shall give a certificate of vaccination to any child who shall have been vaccinated and who shall require such certificate in order to secure ad- mission to any public or private school. §1012. Compulsory Vaccination. (Sec. 205) The 514 health officer shall have the power to enter any lodg- ing house, hoarding house, schoolhouse or other place where persons congregate or collect in large numbers, for the purpose of vaccinating any person or all persons found therein, at any time when, in the opinion of the said officer, smallpox is epidemic or where it shall have come to the knowledge of said officer that any person infected with smallpox, or who has been exposed to infection, has recently been allowed to be present in or about any such lodging- house, boarding house, schoolhouse or other place as hereinbefore mentioned. Said officer shall have the power and is hereby authorized to vaccinate any per- son found in any such place, whom he shall deem it necessary or advisable to vaccinate, and he shall have the power, and is hereby authorized, at any time when smallpox is prevalent, or an epidemic of smallpox appears to be imminent, to vaccinate any person within the city whom he shall deem it necessary to vaccinate, provided, however, that if any such person shall desire to be vaccinated by his own physician or by some duly licensed physician other than the health officer, he shall be permitted to be vaccinated by such physi- cian, if such vaccination be performed forthwith and in a manner satisfactory to the health officer. §1013. Duty of Persons Controlling Minors. (Sec. 206) Every person, being the parent or guard- ian, or having the care, custody or control of any minor, shall, to the extent of any means, power and authority of such parent, guardian or other person than can properly be used or exerted for such pur- pose, cause and procure such minor to be so prompt- ly, frequently and effectively vaccinated that such minor shall not take or be liable to take smallpox. §1014. Requisite to Admission to School. (Sec. 207) No principal or person in charge or control of 515 any school shall admit to any such school any child who shall not have been vaccinated within seven ■years next ])receding* the admission or application to any such school of such child, nor shall any such princi])al or person retain in or permit to attend any such school any child who shall not have been vacci- nated as herein provided. §1015. Evidence of Vaccination. (Sec. 208) The evidence of such vaccination to be presented to any such |)rincipal, or person mentioned in the ])re- ceding- section, shall be a certificate signed by the health officer or any physician duly licensed by the state board of health. / §1016. Penalty. (Sec. 209) Any person who shall violate any of the provisions of this article, or who shall resist or cause resistance to 1)e made against the entry of the health officer or any officer of the health department to any place described in this article, which said department or said officer shall desire to make entry into for the purpose of carrying out the provisions thereof, or who shall re- fuse, neglect or fail to comply with any order or reg- ulation made by said health officer, and necessary for the purpose of carrying into effect the provisions, of this article; and any principal or person man- aging or in control of any public or private school, who shall in any way attempt to prevent the health officer from exercising the power conferred upon him by this article shall be fined not less than ten nor more than one hundred dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] ARTICLE 5. OF GENERAL SANITARY REGULATIONS. §1017. Inspection. (See. 210) The health de- partment shall cause a thorough sanitary inspection of the entire city and the area within its jurisdiction at least once a year, and shall immediately there- after make a report to the council of the conditions disclosed by such inspection. §1018. Teachers in Schools. (Sec. 211) No per- son affected with tuberculosis shall be employed by the school board to teach in any of the departments of the public schools of this city. [Ord. No. 730, passed Apr. 3, 1907.] §1019. Spitting Prohibited in Public Places. (Sec. 212) No person shall spit upon any sidewalk or upon the floor of any streetcar, omnibus, hack or other vehicle which is used for conveying passen- gers, or upon the stairway, floor or wall of any hall or building, or upon the walks, lawn, pavilion or other structure in any park open to the public. No person whose lungs are diseased, or whose sputum is such as to arouse suspicion of being infectious shall spit on any street, alley, lawn, or in any other place within the city which the health officer shall consider to' he dangerous to the public health, and any such person finding it necessary to spit while in any public place must provide himself with a sputum cup, cloth, or other material which can be properly destroyed, burned, or disinfected, or other- wise disposed of in any manner satisfactory to the department of public health. Any person violating any of the provisions of this section shall be fined not less than one nor more than five dollars for each offense. [Ord. No. 730, 517 passed Apr. 3, 1907, as amended by Ord. No. 808, passed May 18, 1910.] §1020. Provide Cuspidors. (Sec. 213) Every owner, agent, lessee or occupant of any public hall or building shall provide the same with cuspidors in sufficient number to accommodate the necessities thereof. Any person failing or refusing to comply with the provisions of this section shall be fined not less than one nor more than five dollars for each of- fense. §1021. Not Throw Refuse on Streets or Alleys or Vacant Lots. (Sec. 214) No person shall throw, put or place in any street, alley or vacant lot in this city, any wrapping paper, old clothes, shoes, hats, bottles, broken glass, straw, hay, tin cans, decayed vegetables or fruit, or garbage, ashes, swill, slops, manure, or filth of any kind. Any person violating any of the xjrovisions of this section shall be fined not less than five nor more than twenty-five dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907.] §1022. Hospitals for Exclusive Treatment of Tuberculosis, Etc., Prohibited. (Sec. 1) It shall be unlawful for any person, firm or corporation to build, erect, establish or maintain any hospital, sanatorium or similar place or institution for the exclusive care or treatment of persons having tuberculosis of the lungs or respiratory tract, or persons having any other contagious disease within the cor])orate limits of the city of Colorado Springs. §1023. Penalty. (Sec. 2) Any person, firm or corporation violating any of the provisions of this ordinance shall, on conviction, be fined in any sum not exceeding three hundred dollars; each day that any of the institutions herein prohibited are main- tained or kept open for the reception of patients shall be a se|)arate offense 'and shall be ])unished ac- 518 (‘ordiii^ly. [Orel. No. 81d, i)assed duly O. 1910.]. §1024. Ambulances. Right of Way. (Sec. 114) All amlmlaiices and vehicles belonging to the health department and all ambulances and vehicles belong- ing to any hos])ital, recognized by the health depart- ment as being regular hospitals, shall have the right of way in the streets of the city when conveying any patient or injured ])erson to any hos])ital or when proceeding to the scene of any accident, and any per- son refusing to yield the right of way where it is possible, shall he fined not exceeding twenty-five dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907.] §1025. Towels in Public Places. (Sec. 1) That no person, firm or corporation shall hang or place, or cause or permit to be hung or placed, any towel, or other material which could be used for the pnr])oses of a towel, in any place in any store, building, hotel, restaurant, church, hall, factory, theatre, or other public place where more than one xierson could use the same for said purposes; provided that this ordi- nance shall not apply to paper towels which are to be discarded after use by one individual, or towels of such size that they can properly be used but once and if placed in sufficient quantity to accommodate all persons who may make use of them. §1026. Penalty. (Sec. 2) Any violation of this ordinance shall be punished by a fine of not exceed- ing fifty dollars ($50). [Ord. No. 930, passed Dec. 10, 1913.] ARTICLE 6. OF BURIALS AND DISINTERMENTS. §1027. Burial in Unauthorized Place Forbidden. 519 (b^e(‘. 1) It shall liereafter be unlawful for any per- son, corporation or society to bury or cause or per- mit to be buried, any place within the corporate limits of Colorado S])rings, the body of any dead ])erson, exce])t in such cemeteries or burial i>;rounds as may hereafter l)e authorized and designated by the city council. §1028. Removal of Bodies Required. (Sec. 2) It shall be the duty of any person, corporation or society having the care, charge, custody or control of any grounds, within the city limits of Colorado Springs, whereon or wherein any dead body has heretofore been buried, to remove, or cause to be re- moved, such dead body from such burial place, with- in ninety (90) days from and after the date of the passage of this ordinance. §1029. Penalty. (Sec. 3) lOvery ])erson, cor- ])oration or society violating any of the provisions of this ordinance shall, upon conviction, be fined in any sum not exceeding one hundred dollars. §1030. City May Remove Body. Collect Ex- pense. (Sec. 4) Should any person, corporation or society, referred to in sections 1 and 2 of this or- dinance, fail, neglect or refuse to com])ly with any of the ]U‘ovisions of this ordinance, then the city sexton shall proceed, under the direction of the committee on cemetery, to disinter and remove such l)ody or bodies, and the expense thereof shall be charged to and be collected from the ])erson„ corporation or society whose duty it is, under the provisions of this’ ordinance, to remove the same, which^ expense may be collected by pro])er legal action. [Ord. No. 487, })assed Oct. 20, 1896.] §1031. Not to Bury in City. (Sec. 117) It shall be unlawful for any ])erson to. bury any human body 520 or to deposit any limnaii body in any vault within this city. Any person violating* any of the pro- visions of this section shall be fined not less than ten nor more than one hundred dollars for each of- fense. §1032. Permit for Burial or Transportation. ({^ec. 118 ) No dead body of any person shall be taken from this city for burial by any undertaker or other person, until a permit for the removal and burial of such body shall have been granted by the health department. Any person violating any of the provisions of this section shall be fined not less than ten nor more than one hundred dollars for each offense. Upon the receipt of a report of death as required by section 116 of this chapter, the health department shall make a record thereof *and issue a permit for the removal from the city or the burial of the body of such deceased person and deliver the same to the undertaker or other person having charge of the burial of said body. §1033. Not to Bury Without Permit. (Sec. 119 ) No sexton or other person having charge or control of any cemetery, burying place, tomb or vault, under the jurisdiction of this city, shall bury the dead, body of any person, or remove such body from or out of the city without having a permit so to do. Any per- son violating any of the provisions of this section shall be fined not less than ten nor more than one hundred dollars for each offense. §1034. Disinterment. (Sec. UlO). No person shall take u]) or remove the body of any dead person from its j3lace of original interment nor take up nor remove such body from one grave or vault to another within any cemetery or burial place within the juris- diction of the city, without a written permit of the health officer so to do. Any person violating any of 521 tli(‘ provisions of this section shall he fined not less than ten nor inoi-e than one hundred dollars for each offense. §1035. Regulations for Disinterment. (Sec. 121 ) In aH cases in which a permit has been obtained from the health officer for such disinterment the same shall he ])erformed under the rules, regulations and precautions of the C^olorado state hoard of health. §1036. Not to Receive Dead Body From Out- side the City. (Sec. 122) No undertaker or other person nor any common carrier or person engaged as expressman or pul)lic cartman shall receive from any railroad coni])any, ex})ress conp^any or other corporation or person engaged as a common carrier or in the conveyance of passengers, freight or mer- chandise, any dead human body l)rought from any place outside of this city unless there shall be pre- sented with such dead body, a permit or certificate from the hoard of health of the place where the death occurred. Such ])ermit or certificate shall contain the name and age of the deceased, the date, hour, place and camse of death, and the name of the physi- cian or coroner certifying to such death. And if such death shall have been caused by any infectious or contagious disease, or if such body shall be in an offensive condition, or in a condition dangerous to the health of the community, such body shall not be received by any such person unless in addition to such permit or certiticate, there shall be produced the permission of the health officer for the bringing into the city of sucli body. Such permit or certifi- cate from such foreign board of health shall be im- mediately ]U’esented to and filed with the health de- partment, upon which a permit for the burial of such body shall be issued. Any person violating any of 522 the provisions of this section shall be fined not less than ten nor more than one hundred dollars for each offense. [Ord. No. 730, passed Apr. 3 , 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] ARTICLE 7. OP E\^ERGREEN CEMETERY. §1037. Evergreen Cemetery. (Sec. 85) The city cemetery and all additions thereto are hereby set apart for the interment of the dead, and shall be known as ‘‘Evergreen Cemetery.” [Ord. No. 730, passed Apr. 3, 1907.] §1038. Appointment of Superintendent. Bond. (Sec. 86) There is hereby created the position of superintendent of the cemetery. The superintendent shall be recommended by the commissioner of public health and sanitation and shall be appointed by the mayor for an indefinite term and shall be subject to removal at any time by the mayor or by the council as provided in the charter. He shall be bonded in some reliable surety company in such sum as may be provided by ordinance, for the faithful performance of the duties of his office, and that he will upon his removal or resignation from his position, forthwith, upon demand, deliver to his successor, all property and things in his custody or control belonging to the city. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 893, passed Jan. 29, 1913.] §1039. Duties. (Sec. 87) The superintendent shall have general supervision and care of Evergreen cemetery and it shall be his duty to see that all lots, lawns, walks, drives, trees and plants are kept in 523 ,i>‘()()(l order and eoiidition. He shall dig or cause to l)e dug and repaired, any graves that may he desired, upon proj)er permit and shall have such graves in readiness for the appointed time of burial ; provided, that he shall hav6 had notice of burial six hours of daylight previous thereto. He shall care for all lots when he shall have been notified by the clerk that the ovv^ner thereof has paid the fees therefor as provided by this chapter. He shall devote all of his time to the care of the cemetery and shall perform such other duties as the rules and regulations governing said cemetery shall require of him. He shall make a written report to the clerk on or before the 10th day of each calendar month, showing all interments and their locations during the preceding calendar month. Such reports shall he made on blank forms furnished by the clerk for that purpose. [Ord. No. 730, passed Apr. 3, 1907.] §1040. Compensation. (Sec. 88) The compen- sation to be ])aid the superintendent of the cemeteiw for his services is hereby fixed at the sum of fifteen hundred d-^llars per annum. No other compensation shall he allowed or paid by the city to the superin- tendent for any other service whatsoever. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 710, passed Jan. 6, 1908.] §1041. Assistants. (Sec. 89) Upon the recom- mendation of the commissioner of public health and sanitation the mayor shall appoint such assistant superintendents of the cemetery as the council may authorize by ordinance or resolution. The commis- sioner of health and sanitation shall appoint all day laborers and unskilled workmen in the cemetery and remove any ]^erson so a]:)pointed by him for any rea- son he may deem proper. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 893, ]>assed Jan. 29, 1913.] 524 §1042. Charges for Graves. (Sec. 90) There shall be charged for the digging and filling of graves and disinterring bodies, including the services of the superintendent at the burial, for digging graves: For persons under two years old, three dollars; for persons two and under ten years old, four dol- h'lrs; for persons ten years old and over, five dollars; for digging underground vault, eight dollars. For disinterring bodies for removal from the cemetery : Of persons under two years old, four dollars ; of persons two and under ten years old, six dollars; of persons ten years old and over, seven dollars and fifty cents. For disinterring bodies for re-bnrial in ceme- tery: Of persons under two years old, seven dollars and fifty cents; of persons two and under ten years old, ten dollars; of persons ten years old and over, twelve dollars and fifty cents. When bodies shall be removed from the vault and not buried in the cemetery, the charge shall be two dollars, and when removed from the vault and buried in the cemetery, the regular grave-digging charges shall be added to the charges for removal from vault. All money so charged to be paid to the clerk. §1043. Charges for Care. (Sec. 91) Any owner of a lot or plot of ground in Evergreen cemetery may have the same cared for by the superintendent upon paying the clerk: r For each lot of 216 square feet or less per sea- son, five dollars ; for each additional 100 square feet or fraction thereof within the same enclosure, one 525 dollar, except that the charge shall be two dollars and fifty cents for each half lot of 108 square feet or less, ])er season, if the same is contiguous to or ad- joins any other lot that is then being cared for, said cl large shall be due May 1st, of each year. The care shall include the removal of manure in the spring, the sprinkling and cutting of the grass during the summer and re-covering with manure in the fall. Upon payment to the clerk of such charges, he shall give his receipt therefor and shall immediately no- tify the superintendent to care for the lots so paid for until May 1st, following; provided, that this section shall apply only to owners of lots who have not availed themselves of the endowment privilege hereinafter provided. §1044. Funds. (Sec. 92) All moneys received from the sale of lots or otherwise on account of the cemetery shall be held by the treasurer to be ex- pended under the direction of the council in and upon the cemetery grounds in improving, embellish- ing or enlarging the same. [Ord. No. 730, passed Apr. 3, 1907.] §1045. Endowment. (Sec. 93) There is hereby created a fund to be known as the ‘‘Evergreen Cem- etery Endowment Fund,” which shall be used for the endowment and perpetual care of lots as herein provided. No lot or plot of ground in that portion of Forest addition to Evergreen cemetery lying south of the south line of Woodbine avenue shall be sold without an endowment and perpetual care fund hav- ing been paid as hereinafter provided and no person shall be permitted to purchase any lot or plot of ground therein until he shall have paid to the city treasurer, trustee or some other person designated by the city council as trustee: For each whole lot of 216 square feet or fraction 526 tliereof greater than a half lot, $150; for each half lot of 108 sqnare feet or less, $75; for each quarter lot of 54 square feet or less, $40; and for each addi- tional S(|iiare foot or fraction thereof, $0.70. And the sum so paid shall he and constitute an endowment fund and shall be withdrawn and in- vested by the city council in bonds or real estate security which the said city council may recommend. Upon the deposit of said sum the trustees shall issue to the person depositing the same, a certificate which shall acknowledge the receipt of the deposit and shall show the purpose for which the same was deposited and the lot or portion thereof which said deposit shall endow. Upon filing said certificate with the clerk, there shall be issued to the purchaser a contract signed by the mayor and attested by the clerk, under seal of the city, for said lot or portion thereof, to the effect that said fund so deposited shall be held as a permanent fund, the income there- from to be devoted to the care and ornamentation of the premises purchased; that said fund so depos- ited shall be held in trust by the trustee or his suc- cessor for the perpetual care of the premises so purchased. The said fund shall bear such rate of interest as the council can obtain therefor. Any owner of any lot or portion thereof in said cemetery other than in that portion of Forest addition shall have the right to endow the same in the same manner and to the same extent as the purchaser of lots in said portion of Forest addition. The endowment fund shall be entirely independent of and in addition to the purchase price of said lot or part thereof. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 747, passed Jan. 20, 1908.] §1046. Council Make Rules. (Sec. 94) The council shall liave power to make such rules and reg- 527 Illations in relation to Evergreen eenietery and for the eare, (H)iitrol and nianageijient thereof, not in- consistent with this chapter, as it shall deem desira- ble and any jierson violating any of the provisioni^ of this (*ha])ter or any of the rules and regulations made in (‘onforniity therewith, shall be lined not less tlian five nor more than fifty dollars for each offense. |()rd. No. 7o0, passed Apr. 3, 1907.] ARTICLE 8. OF THE DISPOSAL OF GARBAGE AND DEAD ANIMALS. §1047. Garbage Can. (Sec. 177) Every owner or occupant of any house, hotel, restaurant, build- ing, flat, apartment or tenement in this city, where persons reside, board or lodge, or where animal or vegetable food is prepared or served shall provide for such house, hotel, restaurant, building, flat, apart- ment or tenement, and at all times maintain, in good order, a vessel or vessels for garbage. For each flat, apartment or tenement building, one such vessel for each floor, flat, apartment or story of such building, and if such floor, flat, apartment or story be occupied by more than five persons, then one of such vessels for each additional five persons. Every occupant, tenant or person in charge of such house, hotel, res- taurant, building, flat, apartment or tenement shall cause to be deposited in said vessel all garbage pro- duced in or brought therein as soon as the same is ])roduced or brought therein. Such vessel for gar- bage shall be water tight and made of metal, with a close-fitting metal cover, and shall have a capacitv 528 of not less than ten g-allons. The word ‘^garbage” sliall be taken to mean and include any and all re- jected or waste food, offal, swill and carrion, and no person shall de])osit in any such can or vessel, any- thing exce})t garbage, and no person except the owner thereof, his agent or servants, shall deposit any garbage in such vessel, or remove, displace, in- jure, deface, destroy, uncover or in any manner dis- turb such vessel or the contents thereof. Such vessel shall be placed at a place easily accessible for the removal of its contents. §1048. Garbage Shall be Removed. (Sec. 178) All garbage shall be removed as often as, and to such distance from the city as the health depart- ment shall direct, and no person, except an offi- cer or employe of the health department or a garbage contractor or subcontractor as herein provided, or a person who may be specially licensed by the council so to do shall remove any garbage through the streets, alleys or other public places or ways of this city. The health department shall have the power to prescribe such rules as it may deem proper to govern the manner and time for the collection and removal of garbage. All wag- ons used for the collection and removal of garbage shall be fitted with a good and substantial watertight steel tank with close-fitting top, so as to prevent the escape of any of the contents therefrom, and shall have the words ‘‘Garbage Wagon” plainly painted thereon, so as to be legible at least eighty feet. All such wagons shall be thoroughly cleaned and disinfected at least twice a week, and such wag- ons shall not remain a longer time at any one place than is actually necessary for the loading, and they shall not be permitted to stop or stand at any public place. When any special license shall be granted there shall be designated therein the particular 529 places or portions of the city from which garbage may be removed, and the persons so licensed shall enter into bond with the city in such penal sum as the council may fix, conditioned as provided in the following section. Such licensee shall pay to the city a fee of twenty-five dollars for the privilege granted thereby. No such special license shall be granted except during the period of thirty days immediately prior to the expiration of the contract provided for in the next section. §1049. Garbage Contract. (Sec. 179) If it shall be deemed advisable by the council, the clerk shall advertise for bids for the removal of garbage of the city, beyond the city limits, for a term of not more than four years, with the right to the council to reject any and all bids. The contract or contracts, as may be, shall be awarded to the lowest responsi- ble bidder or bidders, who shall execute a bond to the city in the sum of at least double the amount of the contract price, with sureties as shall be approved by the council, conditioned for the full and faithful performance of all the agreements of said contract, and a complete compliance with the ordinances of the city and the rules and regulations of the health department in relation thereto. Any amount to be paid for the removal of garbage shall be paid out of the funds appropriated for the maintenance of the health department, and as the contract shall provide. §1050. Penalty. (Sec. 180) Any person violat- ing any of the provisions of this article shall be fined not less than five nor more than one hundred dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907.] §1051. Removal of Dead Animals. (Sec. 140) The council is hereby authorized to advertise and receive bids for the removal of dead animals from 530 the streets, avenues, alleys and other public places of the city, for a period of not more than five years, and in such advertisement it shall reserve the right to reject any and all bids. In all cases bidders shall file with their bids, a detailed statement of the method to be employed in disposing of such animals. ^\fter such bids have been received, if the council shall deem it advisable it may authorize a contract with any responsible bidder for the removal of such dead animals. §1052. Bond of Contractor. (Sec. 141) Any person to whom a contract may be awarded under this article, shall execute a bond to the city with such sureties as the council shall approve, in the sum of five hundred dollars, conditioned for the faithful per- formance of such contract. §1053. Not Bury Within City. (Sec. 142) No person shall bury or cause to be buried any dead animal or fowl or part thereof within this city. Any person having a dead animal or fowl unfit for food or an animal or fowl sick or injured and past recov- ery or any animal or fowl in an offensive condition on his premises in this city, shall at once remove or cause to be removed the same to the city dump at his own expense. Any person violating any of the pro- visions of this section shall be fined not less than five nor more than twenty-five dollars for each of- fense. §1054. No Dead Animal in the Streets or Public Places. (Sec. 143) No person shall throw or place any dead animal or fowl or part thereof, or any animal or fowl sick or injured, in or upon any of the streets, alleys or other public places within or be- longing to this city. Any person violating any of the provisions of this section shall be fined not less than 531 five nor more than twenty-five dollars for each of- fense. [Ord. No. 730, passed Apr. 3, 1907.] §1055. City Dumps. (Sec. 215) No person shall l)ile or deposit, or cause to be piled or deposited, any manure, offal, garbage, filth or waste or any accumu- lation of any offensive or nauseous substance any- where within the jurisdiction of this city except at such ]>lace as may be authorized by the health of- ficer. The mayor may appoint, with the approval of the council, a caretaker of such dumps, who shall care for and keep the same. He shall receive such compensation as the council shall authorize. He shall destroy all animal and vegetable matter, rags, paper, manure, and other refuse as shall be directed by the health officer. He shall allow nothing to be taken from such dumps without a permit from the health officer, and shall make a return to the health officer of any article of value there found. Any per- son violating any of the provisions of this section shall be fined not less than five nor more than twenty-five dollars for each offense. ARTICLE 9. OF NUISANCES. §1056. Duty of Health Officer. (Sec. 181) It shall be the duty of the health officer to serve a notice in writing upon the owner, occupant, agent or person in possession, charge or control of any lot, building or premises in or upon which any nuisance may be found or who may be the cause or owner of any such nuisance, requiring them, or either of them, to abate the same in such manner as he shall pre- 532 I scribe within a reasonable time, provided, that it shall not he necessary in any case for the officer to specify in the notice the manner in which any nuisance shall he abated unless he shall deem it ad- visable so to do, and such notice may he given or served by any officer who may be directed or de- puted to give or make the same; and if the person so notified shall neglect or refuse to comply with the re- (piirements of such order, by abating such nuisance within the time specified, such person shall be fined not less than five nor more than fifty dollars for every such violation, and it shall be the duty of the health department to proceed at once, upon the expiration of the time specified in such notice, to cause such nuisance to be abated; provided, further, that when- ever the owner, occupant, - agent or person or in possession, charge or control of premises in or upon which any nuisance may be found, is unknown, or can not be found, the department shall proceed to abate such nuisance without notice, and, in either case, the expense of such abatement shall be collected from the person who may have created, continued or suffered such nuisance to exist. §1057. Animal Matter Decaying. (Sec. 182 ) shall be unlawful for any person having the owner- shi}) or control of any animal matter which is in the process of decay, so as to be offensive or dangerous to the public health, within the city, to permit the same to be and remain, while in such condition, with- in the jurisdiction of the city, and any person violat- ing any of the provisions of this section, shall be fined not less than ten nor more than one hudred dollars for each offense, and every day on which such violation shall continue shall be deemed a separate offense. §1058. Premises. Nauseous or Offensive. (Sec. 533 183) Any livery or other stable, cattle yard or shed, barn, chicken yard or other yard, house, building, store or structure of any kind, or any grounds or premises which shall become nauseous or foul or offensive to the neighborhood, or dangerous or pre- judicial to the public health, is hereby declared a nuisance, and the owner, agent or person in charge or control thereof shall be fined not less than ten nor more than one hundred dollars for each offense, and the further penalty of twenty-five dollars for each ■ day such nuisance shall continue after the first prosecution. §1059. Hogs and Pigs. Corrals. (Sec. 184) No person shall keep any hogs or pigs within the juris- diction of this city. No person shall erect or main- tain any corrals or rabbitries within the jurisdiction of the city except with the permission of the health department. Any person violating any of the pro- visions of this section shall be fined not less than ten nor more than one hundred dollars for each otfense. §1060. Cellar, Vault, Drain; Offensive. (Sec. 185) No person shall suffer or permit any cellar, vault, private drain, pool, sewer, sink, greasetrap or catch basin upon any premises belonging to or oc- cupied by him, or in his possession, charge or con- trol, to become nauseous, foul or offensive or danger- ous to the public health. Any person violating any of the provisions of this section shall be fined not less than five nor more than fifty dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. 894, passed Feb. 5, 1913.] §1061. Stable Manure. (Sec. 186) Every per- son who occupies or controls any lot, barn, stable, shed, building or other place where horses, mules, cattle, or any of them, are kept within the city, shall keep all manure in a box or vault maintained upon 534 said ])remises, and said box or vault sliall be, eon- strueted and covered or screened so that flies cannot g-ain access to tlie contents thereof, and such person shall remove or cause to be removed from sucli premises at his own expense the contents of such box or vault once a week or oftener as the health depart- ment may direct.. No person shall place or cause to be placed in such manure box or vault any night soil or garbage. The word “manure” shall be taken to include the excrement of all domestic animals and fowls and stable bedding and all hay, straw, shav- ings, grass or weeds or leaves which have been used for stable bedding. Any person violating any of the provisions of this section shall be fined not less than five nor more than fifty dollars for each olfense. [Ord. No. 780, passed Apr. 3, 1907, as amended by Ord. No. 865, passed May 22, 1912.] §1062. Individuals Bringing Nuisance Into City. (Sec. 188) No person shall bring into this city, or keep therein for sale or otherwise, either for food or for any other purpose, any animals, dead or alive, matter substance or thing which shall be or which shall occasion a nuisance in said city, or which may or shall be dangerous or detrimental to health, under penalty of not less than ten nor more than one hun- dred dollars for each offense. §1063. Nuisances.' Common Law. (Sec. 189) In all cases where no provision is herein made de- fining what are nuisances and how the same may be removed, abated or prevented, in addition to what may be declared such herein, those offenses which are known to the common law of the land or the statutes of Colorado as nuisances, may, in case the same exist within the city limits or within one mile thereof, be treated as such and proceeded against as in this article provided, or in accordance with any other provision of law. 515 §1064. Complaints. (Sec. 190) All complaints of nuisances made to the health officer shall state the nature of the nuisance, where it is, giving street number, tlie name of the owner, agent, or occuj)ant of the building or lot, if known, and tlie iianie and address of the coni])lainant. Whenever any trade, business or manufacture, or the maintenance of any substance or condition of things shall be considered by the health officer dangerous to the ])ublic health, the same shall constitute a nuisance, and shall be abated as such. §1065. Abatement on Notice. (Sec. 191) In all cases where a nuisance shall be found in any build- ing or upon any premises within the jurisdiction of this city, notice may be given in writing, signed by the health officer, to the owner or occupant, or per- son in possession, charge or control of such building or premises, where he is known and can be found, to remove such nuisances, and, in case of his neglect or refusal to abate the same, in accordance with such notice, it shall be the duty of the health department to abate the same, and the owner, occupant or person in possession of the same shall be charged with the expenses incurred in the abatement thereof, to be col- lected by suit. §1066. Summary Abatement. (Sec. 192) When- ever any nuisance shall be found on any premises within this city, the owner of which is unknown, or cannot be found, the health department is hereby authorized, in its discretion, to cause the same to be summarily al)ated in such manner as it may direct. §1067. Chickens, Etc., Not to Run at Large. (Sec. 128) No ])erson owning or having control of any chickens, ducks, geese, turkeys, ])igeons or other domestic fowls shall permit the same to run or go at large u])on any of the streets, alleys, avenues or other 536 public places or to run or i>*o upon tlie i)reniises of any other person within this city. Any person vio- lating any of the provisions of this section shall be lined not less than five nor more than twenty-five dollars for each offense. §1068. Keep Yards Clean. (Sec. 124) No per- son who shall keep any chickens, ducks, geese, tur- keys, pigeons, or other domestic fowls within this city shall be permitted to keep the same in any yard, enclosure or building within a distance less than twenty-five feet from any house or building occupied as a dwelling, except with the consent of the occu- pant of such building. Any person who shall violate any of the provisions of this section shall be fined not less than five nor more than twenty dollars for each offense, and every day that such a violation is continued shall be deemed a separate and distinct offense. No person who shall keep any chickens, ducks, geese, turkeys, i3igeons, or other domestic fowls within this city, shall permit the yard or place within which such fowls are kept, by reason of any want of care, food, ventilation, or cleanliness or otherwise to be or become dangerous or decrimental to human health, and the health officer shall have the power to declare all such yards or places kept in any unclean conditions nuisances, and the same shall be abated as such. [Ord. No. 830, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] §1069. Carpet Cleaning Establishments. Nuis- ance. Penalty. (8'ec. 1) That any carpet cleaning establishment, building or place where carpets, rugs or similar articles are cleaned, by machinery, within the limits, or within one mile beyond the limits of the city of Colorado Springs, Colorado, is hereby declared to be a nuisance, and the owner, keeper, lessee, or occupant of such building, or place who 537 Si shall or refuse to abate such iiuisanee, after heiii^- notified so to do, by the health officer of said city shall, on convi(‘tion tliereof, l)e fined not less than ten dollars nor more than fifty dollars for each and every day he shall refuse or neglect to remove or abate the same. [Ord. No. 733, passed June 5, i907, as amended by Ord. No. 893, passed Jan. 29, 1913.] §1070. Smoke. Nuisance. (Sec. 1) I'he emission of dense smoke or any obnoxious gas or vapor from any smokestack or chimney, within the corporate limits of the city of Colorado Springs, shall be deemed, and is hereby declared, to be a nui- sance; provided, that buildings used exclusively for private dwellings, or buildings heated by stoves only, shall not be deemed withiiT the provisions of this ordinance. §1071. Offense. Penalty. (Sec. 2) The propri- etor, lessee, occupant, engineer or fireman of any l)uilding who shall permit or allow dense smoke or any obnoxious gas or vapor to issue or to be emitted from the smokestack or chimney of any building under his control, except where heated by steam, within the corporate limits of this city, shall be deemed and held guilty of an offense, and for such an offense shall be subject to a fine of not less than five dollars (^5) nor more than fifty dollars ($50) for each offense; provided, each day such smoke, gas or vapor is allowed to issue or be emitted shall be deemed a separate olfense. §1072. Duty of Mayor. (Sec. 3) It shall be the duty of the mayor and city marshal to see that the provisions of this ordinance are strictly enforced and com])lied with. fOrd. No. 359, passed Dec. 1, 1890.] 538 CHAPTER XI. OF PLUMBING, SEWERS AND DRAINAGE. ARTICLE 1. OF THE BOARD OF EXAMINERS OF PLUMB- ERS. §1073. Creation. Members. (Sec. 287) There is hereby created a board of examiners of plumbers for this city. Such board shall consist of the health officer, who shall be ex-officio chairman, the plumb- ing* inspector, the superintendent of water works, and a master and a journeyman plumber to be ap- pointed by the mayor with the approval of the coun- cil. The votes of three members in favor thereof shall be necessary to grant a certificate. The plumb- ing inspector shall act as clerk of the board and shall keep a record of the meetings of the board and reg- ister the names and residences of all persons exam- ined, and the kind of certificate issued to each, if any, and the date thereof. §1074. Examinations. (Sec. 288) The board of examiners shall, on due notice, examine all appli- cants as to their qualifications to carry on the busi- ness or occupation of plumbing and gas fitting as master plumbers or journeymen plumbers. Any person desiring to be examined shall make applica- tion therefor to said board on blanks to be furnished by the board, and such application shall be accom- panied by receipt from the clerk showing that the applicant, if a master plumber, has paid the sum of five dollars, and, if a journeyman plumber, the sum of one dollar, to cover the costs of examination and 539 certificate. If, upon examination tlie board shall find such applicant qualified, it shall issue to him a certificate as a master or a journeyman plumber, as may be. §1075. Compensation. (Sec. 289) The health officer, the plumbing inspector and water superin- tendent shall receive no compensation for their serv- ices on such board other than than their regular salaries. The other members shall each receive for his services the sum of one dollar for eacli meeting of the board he shall attend. §1076. Penalty. (Sec. 290) Any person who shall do any plumbing work in this city without hav- ing obtained a certificate from such board shall be fined not less than five nor more than fifty dollars for each offense, and each day upon which he shall do such work without such certificate shall be deemed a separate offense. [Ord. No. 730, ])assed Apr. 3, 1907, as amended by Ord. No. 894, ]>assed Feb. 5, 1913.] ARTICLE 2. OF THE PLUMBING INSPECTOR. §1077. Appointment. Qualifications. Bond. (Sec. 291) There is hereby created the position of plumbing inspector. The plumbing inspector shall be a])pointed by the mayor upon the recommenda- tion of the commissioner of public health and sani- tation for an indefinite term, and may be removed by the mayor o^* the council at any time. He shall be a practical plumber and sanitary engineer, who shall have had not less than seven years’ ex]x^rience as a plumber. He shall be bonded to the city by soine 540 relicible vSiiretv company in such sum as may be fixed by ordinance, conditioned for the faithful perform- ance of the duties of his office. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 893, passed Jan. 29, 1913.] §1078. Powers and Duties. (Sec. 292) The plumbing* inspector shall see that the construction, maintenance and control of the plumbing drainage and ventilation of all buildings in this city shall con- form to and comply with the rules aird regulations of this chapter, and shall pass upon alJ plans sub- mitted and shall keep a daily record of liis work, including all notices and applications received, per- mits granted, violations of these. regulations and all other matters which may pertain thereto. He shall inspect the plumbing in houses in the course of erec- tion, undergoing alteration or repair as often as may be necessary, and shall see that all work for plumb- ing, drainage and ventilation is done in accordance with the provisions of this chapter. He shall keep, in suitable form, a record of all plans and specifica- tions examined by him, whether approved or re- jected, and whether for new or old buildings, and shall complete the record of the plumbing or want of plumbing and sewer connections in each building, with such notations as will enable his successors to trace sources of filth and causes of sickness, and to enforce the best sanitary conditions. Plans shall be approved or rejected within three days from the re cepit thereof. He shall not engage in or be in any manner interested in the business of a plumber. He shall perform such other duties as the council shall require, and shall devote all his time to the duties of his office. §1079. Right of Access. (Sec. 293) The plumb- ing inspector shall have the right and power where 541 there is a l)iulding under construction or being re- modeled, to enter and examine all work pertaining to plumbing, at any time, and shall have the power to stop any and all work not complying with the re- (luirements of this chapter. Any person refusing to allow such right of entry, or hindering or obstruct- ing the plumbing inspector in carrying out the power conferred by this section, shall be fined not less than five nor more than twenty-five dollars for each of- fense. §1080. Complaints of Faulty Construction. ( Sec. 294) Whenever it shall come to the knowledge of the inspector or complaint shall be made that the plumb- ing in any building causes a nuisance, or is contrary to the ordinances, or is faulty in construction, or liable to injure the health of the occupants, or, if upon the request of any owner or agent of rny build- ing to the health department, said department shall so direct, the inspector shall examine the plumbing in any such building. He shall report his findings to said department and suggest such changes as may be necessary to make the same conform to existing rules, and said department shall then notify the owner or agent of any such building of the changes which are necessary in the plumbing, and upon fail- ure or refusal of such owner or agent to make such changes within the time prescribed, said department shall proceed to have such nuisance abated, and the owner or agent of such building shall be fined not less than twenty-five nor more than three hundred dollars. [Ord. No. 730, passed Apr. 3, 1907.] • §1081. Compensation. (Sec. 295) The plumb- ing inspector shall be paid such salary as shall be fixed by ordinance. §1082. Assistants. (Sec. 296) The mayor, upon the recommendation of the commissioner of health 542 and sanitation, shall appoint sucli assistants to the plumbing’ inspector as the council may authorize. I Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 893, passed Jan. 29, 1913.] §1083. Permits. Inspections. (Sec. 298) No person shall do any plumbing work, except repairing- leaks, or make any connection with any sewer, drain- age, soil or waste pipe in the city, without having a permit so to do from the plumbing inspector, and when application for such permit shall be made, he shall file with said inspector, plans, drawings, spec- ifications or descriptions of the proposed work, and if the same shall meet with the requirements of this chapter, they shall be marked Approved’’ and signed by the inspector. The inspector must be no- tified by said plumber doing the work when the work is ready for inspection. All work must be left un- covered and convenient for examination until in- spected and approved. In case of any violation of this regulation, the approval of said plans may be revoked by the-plumbing inspector and upon notice ' of revocation being given, all plumbing work on said building must cease. Any person violating any of the provisions of this section shall be fined not less than five nor more than fifty dollars for each offense. ARTICLE 3. OF PLUMBING REGULATIONS. §1084. Rules and Regulations. (Sec. 299) The construction, maintenance and control of plumbing, drainage and ventilation of all buildings in the city shall conform to and comply with the following rules and regulations: 543 (a) Materia]. All material shall be of good ((uality and free from defects, and the work must be executed in a tborongb and workmanlike manner. (b) bAilpipes. bMilpipes receiving the dis- (diarge from one or more water closets shall be extra heavy cast-iron pipe not less than four inches in di- ameter, to continue full size inside of buildings to the big-best point of the road, and to a height of not less than six inches above the ridge of the firewall, when the roof is flat, and at least five feet above or ten feet away from any window or opening of ad- ^ joining buildings. All vertical soilpipes shall be supported by pipe rests at least one to each floor; soil and vent pix>es below rafters shall be supported l)y strong iron hangers. Standard pipe may be used below rafters on gable roofs only when two one- eighth bends are used to reach the highest point of roof. All joints shall be packed with picked oakum and run with molten lead and thoroughly caulked. Connections of lead pipes with drains shall be made with extra heavy brass ferrule and }>ro|)erly wii:)ed joints and caulked to iron pipe. In every building of four stories or over, the use of what is known to the trade as wrought-iron pipe, standard weight, galvanized or tar coated inside and out, and thread- ed with cast iron special recessed drainage fittings, galvanized or tar coated inside and out, threaded for wrought-iron pipe, may be used in place of cast- iron jjipes for receiving the discharge from water closets, urinals, lavatories, baths and other fixtures. Sizes to be same as specified for cast-iron pipe. All back-air ventpipes shall be galvanized where wrought iron is used. All drains below the first floor shall be of extra heavy cast-iron j)i|3e and fittings, of sizes and kinds as specified in X3aragraphs (b) and (c) of this article. 544 (c) Wastepipes. Wastepipes inside of walls and under buildings, and for three feet outside of foundation walls, shall he constructed of extra lieavy cast-iron soil])i])e aiid extra heavy fittings, and shall he securely iuicliored to the walls not less than five feet apart and laid in trenches of uniform grade or sus]:)ended from tlie floor timbers by strong iron liangers. \Vastepi])es shall be of lead or extra heavy cast-iron of not less than the following sizes: From bathtubs, sinks, laundry tubs and urinals, IV2 inches; from vraste l)asins, IV4 inches: from slop sinks, 2 indies. If more than one fixture is con- nected with any wastepijie, the wastepipe shall be of sufficient size. Wastepipes from sinks of hotels, restaurants, cooking establishments, or dwellings shall run separately to a greasetrap in the yard, un- less otherwise directed by the plumbing inspector. Soil and wastepipes shall have a uniform fall of not less than one-fourth inch to one foot towards the s^wer or cesspool. Changes in direction shall be made with ‘W’’ branches and sanitary ‘‘Tees.” Wastepipes shall lie provided with strong metallic strainers and shall enter the soilpipes, if practicable, at a point beyond the lead bend. (d) A^entpipes. A'entpipes shall be carried up inside of the building, shall be supported the same as soilpipes and shall not terminate in or lead through any chimney flue. Water closet traps shall be back-ail* vented with not less than two-inch pipe. Traps of all other fixtures shall be back-air vented with pipe of same size as wastepipe, and the vent- pipes shall be increased in size according to number of fixtures at least one-fourth inch for each addi- tional fixture. Ventpipes from traps of more than one fixture shall be connected at least one foot above the highest fixture. If it is not practicable to run the .bank -vent of any trap to the open air, a non- 545 siplioniiig- trap may be used if tlie plumbing- in- spector shall ap])i*ove the same. In buildings of three stories or less, the back-air vent shall be con- nected with the soilpipe not less than five feet above the highest opening; in buildings of more than three stories, back-air vents shall run separately through the roof. All ventpipes shall run as directly as may be and 45-degree “Ls” shall be used if possible. Galvanized wrought-iron pipe and fittings, extra heavy cast-iron soilpipe or leadpipe shall be used for ventilation. Connections of leadpipe to wrought- iron pipe shall be made with combination brass ground couplings and wiped joint. If all-lead vent is used, it shall have a trapscrew soldered into it not more than six inches above the trap. (e) Quality and Weights of Pipe. All pipes of cast-iron shall be sound, free from holes and of uni- form thickness and shall be not less than the follow- ing relative weights: If extra heavy: two-inch pipe, 5% pounds per foot, three-inch pipe, 9i/^ pounds per foot, four-inch pipe, 13 pounds per foot, five-inch pipe, 17 pounds per foot, six-inch pipe, 20 pounds per foot, seven- inch pipe, 27 pounds per foot, eight-inch pipe, 33 V 2 pounds per foot. All lead pipes shall be not less than the follow- ing prescribed weights: one and one-fourth-inch pipe, 3 pounds per foot, one and one-half-inch pipe, 4 pounds per foot, two-inch pipe, 5 pounds per foot. Lead bends for water closets shall be not less than Ls-inch in thickness. (f) Joints. All joints of pipe shall be caulked with oakum and lead. All connections of lead with iron pipe shall be made of extra heavy brass ferrule or brass solder nipple not less than one-eighth inch 546 in thickness and shall be }mt in the hub of the iron pipe and caulked in with lead. All connections of lead pipe shall be wiped solder joints. (g) Traps. Each fixture having a wastepipe shall be separately trapped with a water-sealing trap as near the fixture as practicable, and each trap shall be protected from siphonage and air pressure by a special ventpipe. Waste from bathtubs and laun- dry trays shall be connected to a drum trap with trapscrew not less than three inches in diameter. All traps shall be accessible. When lead drum traps are used, the trap screw shall be fastened to the trap by a properly wiped joint, and all joints, where solder is used, shall be properly wiped joints. No bolting or sweat joints shall be allowed on any sup- ply, waste or ventpipe. * (h) Drip Pipes. All drip or overflow pipes from safes under wash basins, baths, urinals or other fixtures shall be a special pipe run to some place in open sight. No such pipe shall be connected with any soil, drain or wastepipe. Wastepipes from re- frigerators or other receptacles in which provisions are kept shall not be connected directly with the drainage system, but shall be arranged to waste into an open tray or sink, below the refrigerator. Such sink or tray may be connected with the drainage system when properly trapped with a drumtrap and properly vented. No sediment from boilers or drain- tubs from stop and wastecocks shall be connected directly with any wastepipe or sewer. No steam, exhaust or blow-off or drippipe shall connect with any sewer or wastepipe. All such pipes shall be , discharged into a tank or condenser from which a suitable outlet into the house drain shall be pro- vided. (i) Water Closets. Water closets in buildings 547 « shall be supplied witli water from special tanks, which shall hold not less than eight gallons, when up to the level of the overflow pipe, for each closet, except automatic or siphon tanks, which shall hold not less than five gallons of water for each closet, Idle water in such automatic or siphon tank shall not he used for any other purpose. The flushing pipe of till tanks shall not be less than one and one-fourth inches in diameter. Each closet shall be supplied from a separate tank. No water closet shall be put in any building unless it shall be properly ventilated, or in direct communication with the external air by a window or airshaft having an area of at least two square feet. When placed outside of buildings, water closets shall be separately trapped with cleanout on trap. Roilpipe shall have lead connec- tions flanged on floor to receive hopper, or be caulked into the hub of the soilpipe. Trap and soil pipe shall be of castiron and shall extend at least three feet outside of vault. ' Hoppers shall be flushed with seat attached to heavy chain or rod. Waste valve shall be connected by brass nipple and trapped when con- nected to sewer outside of closet trap. Trap and valve for water closets shall be placed below freezing line and accessible for repairs. Vaults, when con- structed, shall be built of brick, stone or heavy planking. Outside water closets shall have separate stop- cocks and when not placed in pit shall have a good, substantial rod to extend above the floor at some convenient place for use, and the said rod and valve shall be covered by a casing of iron or clay or cement pipe with a tight-fitting iron or wood cover. No hopper, pan or plunger closets shall be al- lowed in any building. All outside water closets shall be vented with a four-inch soilpipe, said vent not to terminate within less than ten feet from sur- 54 ^ face of the ground and at least live feet above or ten feet away from any window or opening in any building. All such closet combinations must be ap- proved by the plumbing inspector before they are installed. (j) Urinals. All latrines or urinals shall be of iion-porous material and shall be separately supplied with water and thoroughly ventilated. (k) Stopcocks. Every fixture or group of fix- tures supplied with water shall have a separate stop- cock or shutoff. (l) Eemodeling. In any case of alteration of buildings, where it is not practicable to constmct the plumbing in accordance with the provisions of this chapter, a special permit may be issued by the plumbing inspector to meet the conditions thereof. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 827, passed Nov. 30, 1910, and Ord. No. 910, passed July 9, 1913.] §1085. Tests and Inspections. (Sec. 300) Be- fore the plumbing of any building shall be finally approved by the plumbing inspector, there shall be three inspections : First, of the sewer when it is laid and jointed and before it is covered; second, of the soil, waste and ventpipes; the whole system of inside drains; soil, waste and ventpipes shall be filled with water or subjected to an air pressure of ten pounds to the square inch; and third, the whole system of plumbing, when completed and the water turned on, shall be inspected by the plumbing inspector, and if said inspector shall find such plumbing in accord- ance with the requirements of this chapter, he shall issue to the owner of such buildings, or his agent or architect, a certificate of approval of same. Archi- tects, owners, agents or contractors shall see that 549 such certilicate has been granted before accepting any plumbing work. 1086. Definition. (Sec. 301) The term ‘‘Plumb- ing” as used in this chapter is hereby defined to be and to include the pipes, fixtures and all appurte- nances thereto which are used to conduct water to and distribute it in or about any premises or build- ing for any use whatever, and all pipes and appur- tenances used or to be used for conveying water within and to a distance of three feet outside of the foundation walls of any building, and all pipes and appurtenances used to ventilate the drains, fixtures and traps in any building, and all pipes and connec- tions through which gases, vapors or wastes of any kind may be discharged into drains or sewers. [Ord. No. 730, passed Apr. 3, 1907.] ARTICLE 4. OF SEWERS, AND SEWER REGULATIONS. §1087. Superintendent. Powers and Duties. (Sec. 302) The plumbing inspector shall be the superintendent of sewers, and as such superintendent he shall have charge and management of the sewer system of the city and all property belonging or ' appertaining thereto, and shall see that such system is kept properly cleaned and in good working order and repair. He shall perform all such duties in con- nection with such system as shall be required of him by the council. §1088. Permits. (Sec. 303) Any owner of prop- erty desiring to connect any drainage pipes with any sewer in this city shall make application to the plumbing inspector for a permit so to do. Such 550 applications shall be in writini>', signed by the appli- cant or bis agent, shall state the name of the plumber who it is desired shall make such connections, and shall be accompanied by a plan showing the course of the drain and the size and location of any l)ranch- es, fixtures and traps to be connected therewith. Such plans shall be filed with the application in the office of the plumbing inspector. If the drain is / to be connected with a sewer belonging to any per- son other than the city, the applicant must file with his application the written consent of the owner of said sewer to connect therewith. Upon so doing, the plumbing inspector may issue a permit to such plumber to lay such drainage pipes and make such connections with the sewer. All such drainage pipes shall he laid upon line and grade given by the plumbing inspector, who shall keep a record of the same. All work done under such permit shall be in strict compliance with the plans under which it is granted and under the supervision of the plumbing inspector. §1089. Plumbers Only Permitted to Lay Drains, Etc. (Sec. o04) No person except a plumber with proper permit shall lay any waste or drainage pipes or conilect the same with any sewer in this city or any lateral therefrom, nor shall uncover or open any sewer nor dig or excavate in, through or under any public street, alley or highway, for the purpose of laying any drainage pipes or making connections with any sewer. [Ord. No. 730, passed Apr. 3, 1907.] §1090. Size, Changes, Etc. (Sec. 305) No sewer connections or laterals will be permitted less than four inches nor more than six inches in diameter inside ineasuremeiit ; store buildings or business houses having more than four outside water closets shall he provided with sewer not less than six inches 55 T ill diameter inside measurement, except by special permission of the plumbing inspector. AW outside drains shall be formed of good, hard, sound, well- glazed stoneware or concrete whole socket pipes. Changes in the alignment of sewer or airpipes shall be made with curved pipes and connections shall be made with “Y” branches. There shall be no right angles. Clipping straight pipes to make curves will not be permitted. No sewer shall be cut to make any connection except by special permission of the plumbing inspector, and then only under his super- vision. All work in connection with the laying of any drain or sewers shall be done as the plumbing inspector shall direct. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 863, passed Apr. 24, 1912.] §1091. Connections. (Sec. 306) No person shall connect any open' gutter, cesspool, privy, vault, cistern or rain-water conductor with any sewer. §1092. Injury to Sewer. (Sec. 307) No person shall injure, break or remove any sewer or lateral therefrom or portion thereof, or manhole, flush tank or any part thereof. Any person desiring to lay pipes or drive any piling in any of the streets or alleys within which sewers are laid, shall give notice to the plumbing inspector at least twenty-four hours before such pipe is to be laid or piles are to be driven. §1093. Not Permit Refuse in Sewers. (Sec. 308) No person shall throw or deposit or permit to be thrown or deposited in any vessel or receptacle con- nected with the sewer, any garbage, hair, ashes, fruit or vegetables, peelings or refuse, rags, cotton, cinders or any other matter except feces, urine, the necessary closet paper or liquid house slops. §1094. Cesspools. (Sec. 309) All cesspools 552 shall be ]o(‘ated, if possible, not less than forty feet from any house or bnildin<>‘ connected therewith. The top thereof shall not be less than one foot below the surface of the ground, and the same shall be se- curely closed with iron, stone or heavy plank cover, and all cesspools shall be provided with ventpipe of at least four inches in diameter and extend not less than ten feet above ground. The i^art of vent- pipe under ground shall be of cast iron. §1095. Greasetraps Required. (Sec. 310) Each building within the city' within which cooking shall shall be done shall be provided with a greasetrap. Such greasetrap shall be, unless otherwise directed by the plumbing inspector, located in the yard, as near as possible to the sink which it drains, and shall be constructed of the best hydraulic cement, earthen- ware or brick, and when not practicable to put in the yard, a greasetrap must be placed below each sink, and shall have a water jacket to keep grease in greasetrap chilled. If brick shall be used, the walls and bottom shall be plastered with cement mortar at least one inch thick, and shall have iron or stone covers, and the tops thereof, shall not be less than six inches under ground. Hotels, restaurants and large cooking establishments shall have greasetraps not less than forty inches in diameter, and three feet deep, and all other buildings, greasetraps not less than twenty-four inches in diameter and not less than three feet deep. §1096. Cleaning Greasetraps. (Sec. 311) No person shall remove the contents of any greasetrap within this city without having a permit from the health department so to do. Such permit shall be issued only to a licensed scavenger. Any person desiring license to clean greasetraps shall make ap- plication therefor to the clerk. Such application 553 shall be in writing- and shall state the name and place of business of the applicant. Upon such appli- cation heini>- filed, with a bond to the city in the sum of one thousand dollars, with such sureties as the council shall approve, and conditioned that the ap- plicant will comply with all of the ordinances of the city and the rules and regulations of the health de- partment in relation thereto, and the payment of a license fee of ten dollars, the clerk may issue such license, which shall, unless sooner suspended or revoked, continue in force for one year from its issue. The contents of greasetraps shall be trans- ported through the streets, alleys or public places within the city only in tight-covered metal tanks, so constructed as to prevent any leakage therefrom. All tools, appliances and vehicles used in such clean- ing and removal shall be kept in perfect sanitary condition and as shall be approved by the health officer. Greasetraps shall be cleaned as often as fol- lows : For houses of four rooms or less, at least once in every two years; for houses of five and not more than eight rooms, at least once in eighteen months, and for houses of more than eight rooms, at least once a year. Hotels and restaurants shall have their greasetraps cleaned at least once every six months, and oftener if so directed by the health officer. If any ])roperty shall be vacant, for any time, its greas- trap shall be cleaned as shall be directed by the health officer. §1097. Sandtraps Required. (Sec. 312) Stables, barns, and carriage houses having wash racks, on which wagons, carriages, buggies or other vehicles are washed, and which are connected with the sewer, shall, be provided with a sand-trap, the diameter of which shall be not less than twenty-four inches and the depth not less than forty-eight inches. Such sandtraps shall be constructed of brick or tile. 554 When brick is used, the walls shall be eight inches thick, and the walls and bottom of such trap shall be plastered with best hydraulic cement one inch thick. §1098. General Penalty. (Sec. 31-3) Any plumber holding a certificate, violating any pro- vision of any ordinance or any rule or regulation of the council, or the water or health departments, re- lating to plumbing, shall be fined not less than five nor more than one hundred dollars for each otfense, and the plumbing inspector, with the approval of the council, may revoke his certificate, and if he be a master plumber, his license shall be forfeited; and any other person violating any of the provisions of this chapter shall be fined not less than five nor more than twenty-five dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907.] §1099. Basement Fixtures. Connections. In Fire Limits. (Sec. 1) In all cases in which basement fixtures are now connected with the sewer system of the city within the fire limits of said city as pre- scribed by ordinance, it shall be the duty of the owner of the property containing said basement fixtures to place or cause to be placed thereon a back-water checkvalve to be approved by the plumb- ing inspector and established under his direction. §1100. Backwater Valve. Duty of Owner. (Sec. 2) Whenever basement fixtures are hereafter connected with said sewer system within the fire limits of said city as prescribed by ordinance, it shall be the duty of the owner of the property containing such basement fixtures to place or cause to be placed thereon at the time of such connection a backwater valve to be approved by the plumbing inspector and established under his direction, and it shall be the duty of such owner to keep said backwater valve in good order and repair. 555 §1101. Approval By Plumbing Inspector. (Sec. 3) The plumbing inspector shall not approve the plumbing of any property having basement fixtures that may hereafter be connected with the sewer sys- tem of the city within the fire limits as provided by ordinance, unless said fixtures are provided with such backwater checkvalve. §1102. Not Apply to Fixtures Above Ground. (Sec. 4) This ordinance shall not apply to basement fixtures which may be above the level of the ground at the main sewer. [Ord. No. 869, passed July 17, 1912.] ARTICLE 5. • OF AULTS, CESSPOOLS AND WATER SEALS. §1103. Privy Vaults Prohibited Where Sewer Connections Possible. (Sec. 1) No person shall con- struct or maintain, a privy vault or receptacle for nightsoil, or a cesspool on any lot or parcel of land in the city, where such lot or parcel of land is ad- jacent to a sewer line owned by the city, except when the city engineer or the plumbing inspector shall find that connection cannot be made with such sewer for house drainage. §1104. Water Seals. (Sec. 2) No person shall drain or deprive a plumbing fixture trap of its water seal without protecting and preventing the passage of foul air into the building from the sewer or cess- pool by filling the trap with a non-freezing and non- evaporating fluid. No person, except a licensed plumber, shall take out or drain any trap, or take up any closet that would permit the passage of foul .air into any building, and such plumber shall, on the 556 removal of such trap, or closet, close any opening made by such removal and make the same airtight with solder. The plumber doing such work shall immediately on the completion of the same, or as soon thereafter as practicable, notify the plumbing insi)ector of the location of the place where such work was done and the plumbing inspector shall keep a record thereof. §1105. Penalty. (Sec. 3) Any person violating any of the provisions of this ordinance shall, on con- viction, be fined not less than five dollars nor more than one hundred dollars, and each day that any violation of this ordinance shall continue, shall be a separate otfense and may be punished accordingly. [Ord. No. 888, passed Dec. 24, 1912.] §1106. Vault Cleaners. License. Equipment. (Sec. 1) No person, company or corporation shall engage in or conduct the occupation or business known as ‘A^ault cleaners,’’ without having first obtained from the city of Colorado Springs a license therefor. The party applying for such license shall pay to the city treasurer of the city of Colorado Springs the sum of twenty-five dollars ($25) there- for. Such person, company or corporation shall be equipped with the most modern and approved appli- ances for such work. §1107. Contents of Vaults. Removal. Appli- ances. (Sec. 2) The contents of privy vaults or cess- pools within the limits of the city of Colorado Springs, shall not be removed therefrom, nor shall the same be transported through any street, alley or public place within the city, except in the most improved sanitary manner, through or by the means of airtight tanks, if soft and mixed with water, and if solid or dry, in tight covered tanks, in such a manner as shall prevent the escape of any noxious 557 or offensive odors, and preserve such contents from sight or exposure during transportation. All tools, appliances and vehicles used in such cleaning and removal shall be kept and maintained in perfect sanitary condition, subject to the inspestion of the health officer at all times. §1108. Charges for Cleaning and Removal. Dumping Grounds. (Sec. 3) It shall be unlawful for persons, companies or corporations engaged in the work of cleaning cesspools or vaults, or removal of contents thereof, as aforesaid, to charge for the same more than four dollars ($4) per load of five hundred (500) gallons of cesspool or other soft matter, or more than ten cents per cubic foot for nightsoil or solid matter removed, or more than four dollars ($4) for opening up and cleaning the bottom and sides of each cesspool, including disinfecting and de- odorizing and putting same in first-class sanitary condition. The health officer shall designate the dumping grounds upon which such material may be dumped. §1109. Permit Required for Each Job. (Sec. 4) Any person or company wishing to perform the work of cleaning cesspools or privy vaults must first get a permit from the health officer in each instance. The said permit is to be returned to the health offi- cer after the work is done, signed by the party hav- ing the work done. §1110. Penalty. (Sec. 5) Any person or per- sons failing to comply with, or who violate any of the provisions of the foregoing sections of this or- dinance, shall be fined in a sum not less than five dollars ($5) nor more than twenty-five dollars ($25). [Ord. No. 557, passed Aug. 20, 1900.] 558 CM APT EE XII. OF FOODS, MARKETS, AND WEIGHTS AND MEASURES. ARTICLE 1. OF THE FOOD INSPECTOR AND THE CITY CHEMIST. §1111. Food and Milk Division Established. (Sec. 144) There is hereby established a division of the health department of this city to be known as the food and milk division. §1112. Food Inspector. Appointment. Bond. (Sec. 145) There is hereby created the office of food inspector. The food inspector shall be appointed by the mayor, with the approval of the council. He shall be a person with a practical knowledge of meat inspection and milk analysis, and the diseases of meat and milk-producing animals. Before entering upon the duties of his office, he shall execute a bond to the city in the sum of two thousand dollars, with such sureties as the council shall approve, condi- tioned for the faithful performance of the duties of his office. §1113. Duties. Compensation of Food In- spector. (Sec. 146) The food inspector shall be sub- ject at all times to the control and supervision of the health officer. He shall examine and inspect all articles of food kept or offered for sale within this city, and shall condemn any such articles as he shall find unfit for human consumption, and he shall perform such other duties as shall be required of him by the health officer. The compensation to 559 he ])ai(l the i‘ood insj)eetor for liis services is hereby lix(‘(l at ten hundred tifty dollars per annum. No otliei* compensation shall l)e allowed or paid by the city to the food inspe(‘tor for any services whatso- ever. §1114. . City .Chemist. Appointment. Bond. (Sec. 125) There is hereby created the office of city chemist, ddie chemist shall be appointed by the mayor with the ai)proval of the council. He shall be a person skilled in the science of analytical chemistry and bacteriology. Before entering upon the duties of his office he shall execute a bond to the cit}^ in the sum of two thousand dollars, with such sureties as the council shall approve, condi- tioned for the faithful performance of the duties of his office. §1115. Duties. Compensation. (Sec. 126) The chemist shall be subject at all times to the control and supervision of the health officer. He shall make all analyses and examinations of milk and cream, meat, water, food, drugs, and such medical diagnoses and other examinations as may be directed by the health officer. He shall keep a record of every analysis or examination that may be made, and he shall perform such other duties as shall be required of him by the health officer. The compensation to be paid the chemist for his services is hereby fixed at twelve hundred dollars per annum. No other compensation shall be allowed or paid by the city to the chemist for any services whatsoever. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 3913.] 560 ARTICLE 2. OF TRK INSPECTION AND SALE OF MILK AND MILK PRODUCTS. §1116. Vendors’ License. (Sec. 147) No per- son shall sell or offer for sale, or cause to be sold or kept for sale, any milk, cream or buttermilk for human food at any grocery store or other place, or peddle, or deliver the same from any wagon or vehicle, or otherwise in this city, without first hav- ing obtained a license for each store or other place where such milk or cream is sold or offered for sale, and for each wagon or vehicle driven or used for such purpose ; and no person shall ship or bring into the city by freight, express or otherwise, any milk or cream without having a license so to do. Any person desiring such license shall make application in writing therefor to the health department. Such application shall be made upon a printed form to be furnished by the health department, and such ap- plicant, if an individual, shall state therein his full name and residence, and if a corporation, shall state the full name and residence of each of its officers. Such application shall also state the location of the place at which it is desired to carry on such business. It shall also contain a description of each wagon or other vehicle to be used by the applicant in and about his business; also the number of cows owned or controlled by the applicant. Upon such applica- tion being filed with the health department, the food inspector shall investigate the place of business described in such application and the wagons or other vehicles intended to be used by such applicant. The food inspector shall report the results of such investigation to the health officer, and if such place of business or such wagons or vehicles are found by said food inspector to be in a sanitary condition and 5bi fit for the uses to which they are intended to be put, the health officer may thereupon cause to be issued, a license to such applicant upon the payment as a fee for such license: For each wagon used in de- livery, one dollar; for each store or other place where milk and cream, or either of them, is sold, one dollar; and for each person who shall ship or bring milk and cream, or either of them, into the city, one dollar. Such license shall not be transferable and shall authorize the licensee to carry on his business only at the place or places described in such license. All licenses issued under this section shall expire on the 31st day of December next after the issue there- of. §1117. Sign on Vehicle. (Sec. 148) Every per- son to whom a license may be issued under this arti- cle shall post and keep the same in a conspicuous place in the room or place for which it was granted, and every person authorized by this article to peddle milk and cream, or either of them, from a wagon, shall cause the name of the person and the number of the license to be plainly printed in letters and fig- ures at least one and one-half inches in height in a conspicuous place on the wagon. In case the licensee shall ship or bring milk and cream, or either of them, into the city, by express or otherwise, the number of the license shall be placed on every can, and he shall keep the same plain and distinct during the time for which such license is issued. Any person violating any of the provisions of this section shall be fined not less than five nor more than twenty-five dollars for each offense; and each and every day on which any such person shall drive or operate or cause to be driven or operated any such vehicle, or shall use any such can in violation of any of the provisions of this section, shall constitute a separate and distinct offense. [Ord. No. 730, passed Apr. 3, 3907, as 562 amended by Ord. No. 894, passed Feb. 5, 1913.] §1118. Keep Cans and Bottles Clean. Prohibits Use of Labeled Bottles by Others Than Owners. (Sec. 149) Eveiy person licensed under the provi- sions of this article, or who is engaged in or carrying- on the business of vending milk and cream, or either of them, shall keep all cans and other receptacles used in and about the handling of milk and cream, or either of them, and all refrigerators or compart- ments and stores and other places where milk and cream, or either of them, is kept, stored or handled, in a scrupulously neat and clean condition, and free from the presence or vicinity of any article or thing likely to contaminate or injuriously affect the qual- ity or sweetness of the milk or cream, and shall also cause all cans and other receptacles in which milk or cream is kept, to be sterilized with boiling water or live steam as soon as they are empty and before being used again, and shall cause all bottles, cans, dippers, or other vessels used in and about the ped- dling or vending of milk and cream to be scalded or sterilized daily, and shall cause all bottles or jars in which milk or cream is sold, offered for sale or delivered, to be washed clean and thoroughly ster- ilized as soon as they are empty and before being used again. No milk or cream delivered in this city shall be bottled, canned or prepared for delivery at any place other than the milkhouse. No person shall use any can, bottle or other receptacle in which milk or cream has been shipped or conveyed to him for the storage of such milk, cream or any other article or thing, but shall cause such cans, bottles or other receptacles to be emptied and thoroughly cleaned and dried and returned to the shipper within twenty- four hours after he shall have received the same, and all sterilizing and cleaning required by this article shall be done as the health officer shall direct. 563 Any ])erson, firm or corporation licensed under the 1 ) 1 * 0 visions of this ordinance shall not use, or cause, or iiermit to be used any can, bottle or other recep- tacle, which has upon it the name or label of any other ])erson, firm or corporation licensed under the 1 ) 1 * 0 visions of this ordinance. Any person violating any of the provisions of this section shall be fined not less than five nor more than one hundred dollars for each offense. [Ord. No. 730, passed Apr. 3, .1907, as amended by Ord. No. 792, passed Feb. 23, 1910.] ' §1119. Sealed Milk Cans Required. Sec. 150) No person shall deliver or bring into the city for sale, any milk or cream unless such milk or cream is contained in a can or receptacle, sealed with a metal seal by the shipper thereof, and unless such can or receptacle shall have such seal intact at the time it is l)rought into the city. No person shall sell, offer for sale or dispose of or deliver to any person, any milk or cream, or have any milk or cream in his pos- session with the intent to sell, offer or expose the same for sale, or deliver the same to any person which he knows, or has reason to believe, was re- ceived in or brought into the city in a can or other receptacle which did not have its seal intact, in accordance with the provisions of this section. Any person violating any of the provisions of this sec- tion shall be fined not less than five nor more than one hundred dollars for each offense. §1120. Inspection. (Sec. 151) It shall be the duty of the food inspector to visit, view and inspect all places and vehicles in which milk and cream, or either of them, is sold or offered for sale, stored, kept or delivered, and inspect all ‘vessels, cans, re- ceptacles, packages, refrigerators or compartments of any store or building, platforms, establishments or places of any kind containing milk or cream, and to ascertain and examine the condition thereof with 564 reference to cleanliness and sanitation, and to cause the removal and abatement of any unfit, unclean or injurious conditions attending the keeping, storing or possession, care, custody or control of any milk or cream at and in all places. Any person failing, neglecting, delaying or refusing to obey or to 'con- form to any order under this section, or who in any way hinders any officer or inspector, shall be fined not less than five nor more than twenty-five dollars for each offense. §1121. Power of Entry. Samples. (Sec. 152) The health officer, food inspector, city chemist and any inspector or police officer authorized by the health officer, shall have the right and power to enter and have full access to any building, structure or premises where any milk or cream is produced, stored or kept for sale, and shall have the right of access to all wagons, railroad cars or other vehicles of any kind used for the conveyance or delivery of milk and cream, or either of them, and shall have the right to take samples of milk and cream therefrom, such samples not to exceed one quart, for the purpose of inspecting, testing or analyzing the same. Any person refusing to allow such right of entry or re- fusing to allow such samples of milk or cream to be taken, or hindering or obstructing any. officer named herein in carrying out the power conferred by this section, shall be fined not less than five nor more than twenty-five dollars for each offense. §1122. Milk Test. (Sec. 153) No person licensed under this article shall keep, sell or offer for sale, or have in his possession, charge or control, in this city, any milk, if such milk contains more than 88 per cent, of watery fluid or less than 12 per- cent. of total solids, or less than 3 per cent, of butter fat. 565 §1123. Cream Test. (Sec. 154) No person licensed nnder this article shall keep, sell or offer for sale, or have in his possession, charge or control, in this city, any cream if such cream contains less than 15 per cent, of butter fat. §1124. Skimmed-Milk Test. (Sec. 155) No per- son shall sell or offer for sale in this city, any milk from which the cream, or any part thereof, shall have been taken, unless such milk shall be offered for sale and sold by such person as ‘ ‘ skimmed-milk, ^ ’ and un- less the cans or other receptacles containing such milk shall have painted on the outside thereof, not less than six inches from the top of such cans or re- ceptacles, the words ^ ^ Skimmed-milk ’ ’ in plain, black letters, not less than three inches in height and one inch in width; and no such person shall sell, offer for sale or deliver, any skimmed milk containing less than 8.5 per cent, of total solids other than butter fat, or containing more than 1 per cent, of butter fat. Any person violating any of the provi- sions of sections 153, 154 or 155 shall be fined not less than five nor more than twenty-five dollars for each offense. §1125. Impure, Diluted or Adulterated Milk. (Sec. 156) Whosoever, by himself or by his servant or agent, or as servant or agent or employe of any other person, sells, offers for sale, delivers, or has in his custody, possession or control with intent to sell, offer for sale or deliver in this city, any milk or cream or skimmed-milk for human food, which is unclean, diluted, impure, unwholesome, adulterated or not of the standard provided for by this article, or milk or cream or skimmed-milk to which water or any foreign substance has been added in violation of this article, or milk or cream pro- duced from sick or diseased cows, or from cows kept in an unclean, filthy or unhealthy 566 condition, or cows fed any garbage, swill, refuse or other improper food or food that has been subject to fermentation, or milk or cream that has been exposed or contaminated or affected by the dis- charge of exhalations of any human being, or animal sick or infected shall, for the first offense, be fined not less than five nor more than twenty-five dollars, and for each subsequent offense not less than twenty nor more than one hundred dollars. And any person who shall adulterate milk or cream, or reduce or change it in any respect by the addition of water or any foreign or other substance, with a view of selling or offering the same for sale or exchange in this city, after such adulteration or change, shall be fined not less than five nor more than twenty-five dollars for each offense; and any person who shall sell or offer for sale in this city, any milk or cream containing any coloring matter or any adulterant, preservative, thickener or other material substance, whether for the purpose of artificially increasing the quantity of milk or cream or for preserving the sweetness there- of, or for any purpose whatsoever, and any person who shall sell or offer for sale in this city, for use in milk or cream, any preservative, coloring matter, thickener, adulterant or other material substance, . shall be fined not less than five nor more than twenty- five dollars for each offense. §1126. Condensed or Evaporated Milk. (Sec. 157) No person shall manufacture, sell or offer for sale in this city any condensed or evaporated milk for domestic use unless the same shall be put up in packages or cans upon which shall be distinctly labeled or stamped the name or brand by whom or under which the same is made, and the date when made; nor shall any person manufacture, sell or offer for sale in this city, any condensed or evap- orated milk for domestic use unless the same is man- 567 ufactiired from pure, fresh, unadulterated milk from vvliicli the cream has not been removed, or unless the proportions of milk solids and butter fat contained in the condensed or evaporated milk shall in amount be the equivalent of milk solids and butter fat as provided by this article. Any person violating any of the provisions of this section shall be fined not less than five nor more than twenty-five dollars for each offense. §1127. Confiscation of Impure Milk. (Sec. 158) All milk or cream from sick or diseased cows, or cows fed on slops and foods that have been subject to fermentation, or that may injuriously atfect or be detrimental to life or health shall, upon discovery thereof, be confiscated or forfeited by or under the direction of the health officer. §1128. Buttermilk. (Sec. 159) Nothing in this article shall be so construed as to prohibit the use or sale of what is known as buttermilk, provided the same is produced from pure and wholesome milk. Should any buttermilk, however, be sold or offered for sale, or in the custody of any person in this 'city, with the intent of selling or offering for sale the same, which is not the product of pure and whole- some milk, or which is impure or adulterated, such person shall be fined not less than five nor more than twenty-five dollars for each otfense. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 891, passed Feb. 5, 1913.] §1129. No Sale Except in Bottles or Original Packages. (Sec. 1) No person shall sell or offer for sale any milk, skimmed-milk, cream or buttermilk for human food, at a grocery store, market, wagon, cart or any other place within the limits of the city of Colorado Springs, unless the same be sold and delivered in bottles or in original packages pre))ared 568 at the milkliouse. [Ord. No. 765, passed Dec. 28, 1908.] §1130. Quarantined Houses. (Sec. 163) No person shall sell or give away, or deliver or distrib- ute any milk, cream or buttermilk within this city, which shall have been produced from any house, dwelling or premises where there is any communica- ble disease, nor for such a time thereafter until a permit is granted him so to do by the health officer. No person shall remove from any such house, dwell- ing or premises that has in it any communicable dis- ease, any bottles or receptacles which have been or are to be used for the purpose of receiving or storing- milk, cream or buttermilk, until a permit is granted him so to do by the health officer. Any person vio- lating any of the provisions of this section shall be fined not less than five nor more than twenty-five dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] ARTICLE 3. OF DAIRIES, DAIRY COWS AND STABLES. §1131. Stables and Dairies to be Kept Clean. (Sec. 160) Every ])erson owning, keeping or in pos- session, charge or control of any cow stable or dairy, where milk cows are stabled or kept, or from which milk is sold within this city, shall have such stable or dair>^ cleaned daily in a thorough manner and hj such methods as shall be directed by the health of- ficer, and shall maintain the premises thereof free from any accumulation of refuse matter or offal. Any person violating any of the provisions of this section shall be fined not less than five nor more than twenty-five dollars for each offense. 569 §1132. Sick or Diseased Cows. (Sec. 161) If any cows l)e sick or diseased, the owner or person in charge tliereof shall not sell nor offer for sale any milk or cream therefrom, hut shall at once destroy such milk or cream. §1133. Calving. (Sec. 162) No person shall sell, oiler or keep for sale, any milk or cream which is from a cow during a period of thirty days just be- fore or ten days after calving. Any person violating any of the provisions of sections 161 and 162 shall be fined not less than five nor more than twenty-five dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 891, passed Feb. 5, 1913.] §1134. Tuberculin-Tested Cows. Report and Certificate of Health. (Sec. 2) No milk or skimmed- milk shall be sold or offered for sale in Col orado Springs except from cows that have been tuberculin-tested and passed at least once every six months by a licensed veterinary in a manner ap- proved by the department of pnl)lic health and sani- tation, unless on the last previous test no tubercu- losis was ])resent in the herd or in the herds from which new cows were obtained, in which event the test may be postponed an additional six months. No cream, butter or buttermilk shall be sold or offered for sale in Colorado Springs except from cows that have been tuber culin-tested and passed by a licensed veterinary, as provided in the preceding paragraph, unless the cream has been pasteurized in a manner satisfactory to the department of pulhic health and sanitation. The veterinary shall furnish the owner a certificate of health for all cows so tuberculin-tested and passed by him. If any cow or cows are found to be affected with tuberculosis the veterinary shall report the fact to the state board of 570 stock iiis])ectioii coiiiinissioiiers, and lie shall also hie ill writing- with the department of public health and sanitation of this city, within hve days after such inspection a full report on blanks furnished by said department of the result of all such tests. [Ord. No. 765, passed Dec. 28, 1908, as amended by Ord. No. 932, passed Dec. 17, 1913.] §1135. Application. (Sec. 3) No person shall sell or offer for sale or cause to he sold, any milk, skimmed-milk, cream or buttermilk for human food, the same being- entirely of his own production, in the city of Colorado Springs, without making an appli- cation to the health department for inspection, and receiving a permit to sell. Such application shall be made upon a printed form to he furnished by the health department and such applicant, if an individ- ual, shall state therein his full name and residence, and if a corporation, shall state the full name and residence of each of its officers. Such application shall also state the location of the place where the business of the applicant is carried on. It shall also state the number of cows owned and controlled by the applicant. Upon such application being filed with the health department, the food inspector shall investigate the place of business described in such application and report the result of such investiga- tion to the health officer, and if such place of busi- ness is found to be in a sanitary condition, a certifi- cate permitting the sale of milk, skimmed-milk, cream or buttermilk shall be issued by the health of- ficer. All permits issued under this section shall expire on the ‘31st day of December next after the issue thereof. §1136. Penalty for Violation. (Sec. 4) Any person violating any of the provisions of this ordi- nance shall be fined not less than five nor more than 571 one hundred dollars for each offense. [Ord. No. 7()5, passed Dec. 28, 1908.] §1137. Permit Examination of Cows. (Sec. 164) All persons owning cows, the milk of which is sold or offered for sale in this city, shall permit the exam- ination of such cows by a qualified veterinary surgeon designated by the health officer at such times and in such manner as it shall determine. Any ])erson violating any of the provisions of this sec- tion shall he fined not less than five nor more than twenty-five dollars for each offense. [Ord. No. 730, })assed Apr. 3, 1907.] §1138. Keeping Dairy Cows In City. Permit. (Sec. 1) That no person or corporation shall keep and maintain more than two cows for dairy pur- ])oses upon his or its premises within the corporate limits of the city of Colorado Springs; provided, however, that the hoard of health of said city, upon proper cause shown, and upon it being made to ap- pear to the satisfaction of said board that the keep- ing and maintaining of a larger number of cows by any such person or corporation will not create a nuisance, and will not be injurious to the health of the inhabitants of the city, nor unduly offensive to said inhabitants, may issue a permit to any such person or corporation for the keeping and maintain- ing upon their premises of a larger number of cows than two for the purpose aforesaid, which permit shall specify the additional number of cows for which permission is granted, and the place where the same are to be kept and maintained. And said pennit may be modified or rescinded at any time by said board of health whenever the public interests shall, in the judgment of said board, so require, and after due notice to the person or corporation to be affected thereby, and after an opportunity to said 572 ])erson or corporation has been given to be heard before said board. All notices required by this ordinance shall be served by an employe of the health department. [Ord. No. 319, passed Sept. 16, 1889, as amended by Ord. No. 893, passed Jan. 29, 1913.] §1139. Penalty. (Sec. 2) Any person or cor- poration who shall offend against any of the pro- visions of this ordinance shall be liable to pay a fine of not more than one dollar per day for each animal so kept by him or it, for each day after notice from the board of health requiring compliance with the provisions of this ordinance. [Ord. No. 319, passed Sept. 16, 1889.] ARTICLE 4. OF MEAT, MEAT MARKETS, SLAUGHTER HOUSES, AND ANIMALS INTENDED FOR FOOD. §1140. Market Regulations. (Sec. 169) No meat shall be sold nor offered for sale within this city without first having been inspected and ap- proved by the health department. No person shall kill or dress any animal or meat in any market or store nor have permit to escape therein, or with- in 100 feet thereof, any poisonous, noxious or offen- sive substance. No cased, blown, plaited, . raised, stuffed, putrid, impure or unhealthy or unwholesome meat or fish, bird or fowl shall be held, bought or sold, or offered for sale for human food, or held or kept in any market or any place in this city. No calf, pig or lamb, nor the meat thereof, shall be bought, sold or offered for sale for food in this city which, being a calf, was, when killed, less than four 573 weeks old, and when dressed shall weigh less than seventy-tive pounds, or, being a pig, was, when killed, less than five weeks old; or, being a lamb, was, when killed, less than eight weeks old. No meager, sickly or unwholesome fish, bird or other fowl, or other food animal, shall be bought or sold, or offered for sale as food in the city. No meat or dead animal above the size of a rabbit shall be taken to any market or store until the same shall have fully cooled and all blood shall have ceased dripping therefrom, nor until the entrails have been removed, nor shall giitfat or any unwholesome matter or thing be brought to or near any such market. No meat shall be sold for foodstuff's in the city when the same has been fed upon garbage, swill, carrion, offal or dead animals. Any person violating any of the pro- visions of this section shall be fined not less than five nor more than one hundred dollars for each offense. §1141. Sanitary Regulations. (Sec. 170) The keeping and slaughtering of all cattle and other ani- mals and the pre])aration and keeping of all meat and fish, birds and fowl shall be in that manner which is best adapted to secure and continue their safety and wholesomeness as food. No slaughter- ing, tanking nor rendering shall be permitted within this city nbr within one mile of the limits thereof without permit from the health department, and all slaughter houses shall comply with the following re- quirements. No slaughtering shall be done in barns, sheds or other buildings not designed and not suitable for slaughtering animals and for the handling, dress- ing and cooling of meats, nor shall any slaughtering be done outside of a building. All slaughter houses shall have an abundant supply of water from a well or other source which is not contaminated and which may be applied with adequate pressure through a 574 ]iose to any part of the room or rooms used for the slaughtering or preparing meats for consumption as human food. All slaughter houses shall have suitable floors and subdrainage with proper sewer connections, which floors shall be thoroughly washed oft each day after the slaughtering is completed. The walls and all exposed surfaces on the inside of slaughter houses shall be cleansed by washing or scraping as often as once in each month, and if the surfaces are not painted they shall be calcimined or whitewashed at least once a month. Cooling and storerooms for meat shall be properly ventilated. All olfal and refuse shall be removed from the slaughter house on the day of slaughtering, and dis posed of in a decent and sanitary manner. All ani- mals kept in yards attached to slaughter houses shall be treated in a humane manner, and if kept there over twelve hours, shall be fed and watered. All pens or enclosures connected with any slaughter house shall be kept in a proper sanitary condition. All slaughter houses from which meat is brought into this city that are not under government inspec- tion, shall be under direct supervision of the health department. All inspections shall be made under the rules and regulations as laid down by the United States department of agriculture and the rules and regulations of the health department. The in- spector shall condemn and destroy, as provided in said regulations, all carcasses or parts of carcasses found, upon inspection, to be unfit for food. No slaughtering shall be done in the absence of the in- spector, or unless due notice is given the health de- partment, and permission granted. An ante-mortem and post-mortem examination shall be made of all animals slaughtered for food. The inspector shall be treated in a courteous manner, and any violation of the rules and regulations shall be the cause for the withdrawal of inspection from that place. The 575 iiisi)ector sliall direct such disposition of all carcasses as he shall deem proper. The owner, keeper or person in control of any animal in this city which is diseased, shall inform the health department that such animal is diseased and of the place where it is ke])t, immediately upon such animal becoming' diseased or being brought into the city, and shall dispose of such animal as the health department shall direct. Every dealer in meats shall cause such market or place where such meats are kept or offered for sale, to be thoroughly cleansed and purified at least once in every twenty-four hours. No dealer in meats shall keep any refrigerator or ice box unless the same shall be lined with lead or some proper substance, so as to be watertight, nor unless the same be provided with a pipe of lead, zinc or copper leading therefrom to the proper waste pipe, and no refrigerators shall be directly con- nected with any sewer. Any person violating any of the provisions of this section shall be fined not less than five nor more than one hundred dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907.] §1142. Poultry. Coops and Crates. Sanitary and Humane Regulations. (Sec. 1) All coops, crates or cages in which fowls or poultry are received for transportation or are kept confined or exposed for sale on wagons or • stands, or by the owners of grocery stores, commission houses or other market houses or by other persons, shall be sufficiently high so that fowls or other birds confined therein can stand erect and hold their heads upright without touching the top. Such coops, crates or cages shall be made of open slats or wire on at least three sides, and shall have troughs or other receptacles easy of access at all times by the birds confined therein, but so placed that their contents can not be be- fouled by them, in which troughs shall be con- 57fi staiitly kept clean water and suitable food. Such coops, crates or cages shall be kept in a clean and wholesome condition. Fowls or other birds con- fined therein shall not be overcrowded, * but shall have room to move about, and shall not be exposed to undue heat or cold. Dead, injured or diseased fowls shall be at once removed. Whenever live fowls or poultry shall be received for sale or storage they shall immediately be transferred to such coops, crates or cages as are herein described. Any person violating any of the provisions of this ordinance shall be fined not less than $5 nor more than $50 for each offense. [Ord. No. 639, passed May 18, 1903.] ARTICLE 5. OF UNWHOLESOME, ADULTERATED OR CON^ TAMINATED FOOD, DRUGS AND LIQUIDS. §1143. Impure or Adulterated Water, Drugs or Food. (Sec. 171) No person shall keep or offer for sale or exchang’^, or shall sell or deliver or expose for sale, any drugs not conforming to the United States Pharmacopeia, or any water, liquids or food which shall be impure, unwholesome, adulterated or to which any harmful or injurious foreign substance has been added. Any person violating any of the provisions of this section shall be fined not less than five nor more than one hundred dollars for each offense. §1144. Food Condemned. Power of Entry. (Sec. 172) Every person being the owner, lessee or occupant of any room or place other than^a private dwelling, where any meat, fish, poultry, game vegetables, fruit or other perishable articles adapted 577 or designed to be used for human food, shall be stored or kept temporarily or otherwise, and every person having charge of, or being interested or en- gaged in the care of or in respect to the custody or sale of any such article of food supply, shall put, preserve and keep such article in a clean and whole- some condition and shall not allow the same, or any part thereof, to become putrid, decayed, poisoned, infected or in any other manner rendered or made unsafe or unwholesome for human food. And it shall be the duty of health department and its authorized employes to enter any and all such premises above specified at any time of any day and forthwith to condemn, seize and destroy any such putrid, decayed, poisoned or infected food which may be found in or upon said premises. Any person who refuses or obstructs the entry into any build- ing, premises or place, of any officer of the health de- partment in the performance of his duties, or who interferes with the confiscation or destruction of any infected, decayed or unwholesome articles of food, shall be fined not less than twenty-five nor more than one hundred dollars for each offense. §1145. Unwholesome Food. (Sec. 173) No person shall expose for sale in this city any diseased, emaciated, tainted or putrid meat or provisions which from these or other causes may be deemed unwholesome. No person shall offer for sale for human food within this city, the meat of any animal killed while such animal was in an overheated, feverish or diseased condition. No person shall bring, or cause to be brought, into the city, or sell or offer for sale for human food, any decayed or un- wholesome fruit, vegetables or berries, intended to be sold or offered for sale as human food, nor keep or store any decayed or unwholesome fruit, veget- ables or berries. It shall be the duty of the health 578 department, having knowledge of such fact, forth- with to seize and destroy all such meat and pro- visions, fruit, vegetables or berries. Any person violating any of the provisions of this section shall be fined not less than five nor more than twenty-five dollars for each offense. §1146. Duty of Individuals. (Sec. 174) It shall be the duty of every person knowing of any fish, meat, fowls, birds or vegetables being bought, sold or offered for sale as human food in this city, which is not sound, healthy or wholesome for such food, forthwith to report such facts and the particulars relating thereto to the health department. §1147. Vinegar. (Sec. 175) No person shall sell or offer for sale within this city any apple, orchard or cider vinegar which is not the legitimate product of pure apple juice, known as apple cider. All vinegar made by fermentation shall be branded ^‘fermented vinegar,’’ with the name of the fruit or substance from which the same is made, and shall be free from foreign substance and contain not less than 2 per cent of solids of the fruit or grain from which the same was made, and shall not contain any preparation of lead, copper, sulphuric acid or any ingredient injurious to health. Any person violat- ing any of the provisions of this section shall be fined not less than five nor more than fifty dollars for each otfense. §1148. Misrepresentation. (Sec. 176) No meat, fish, fruit, vegetables, berries or other articles of human food or drink shall knowingly be bought, sold, held, offered for sale, labeled or any representa- tion made in respect thereof, under a false name or quality, or under any false representation whatever, respecting 'its or their wholesomeness, soundness or safety for food and drink. Any person violating 579 any of the provisions of this section shall be fined not less than five nor more than one hundred dollars for each offense. §1149. Bread. Quality. Weight. (Sec. 59) All bread and other bakestuffs baked, offered or ex- posed for sale in this city, shall be made of good wholesome flour or meal and all the materials used therein shall be pure. All bread shall be made into loaves of one or two pounds avoirdupois. If any person shall make or sell or offer or procure to be sold, any bread or other bakestuffs of any other than wholesome flour or meal or pure materials, or shall sell or expose for sale any bread or other bakestuffs contrary to the provisions of this chapter, he shall be fined not less than three nor more than twenty dollars for each offense. §1150. Food Inspector. (See. 60) The food inspector shall be the inspector of bread and other bakestuffs and it shall be lawful for him to enter, during working hours, any house, store, shop, bake- house warehouse or other building or premises where any bread or other bakestuffs is baked, stored or deposited or kept or offered for sale, and to view, try and weigh all or any bread or other bakestuffs that shall be there found; and if there shall be found any bread or other bakestuffs made in violation of the provisions of this chapter, he may seize any such bread or other bakestuffs and take the same immediately to the office of the chief of police, where it shall be deposited and kept to be used on the trial of the person charged with the violation of the provisions of this chapter. §1151. Biscuits. Buns. (Sec. 61) The pro- visions of this chapter except as to weight, shall apply to all biscuits, buns, rolls or fancy breads 580 baked or exposed for sale in the city. [Ord. No. 730, passed Apr. 3, 1907.] §1152. Food Products Must Be Covered When Transported, (feec. 1) No person, firm, corporation or association shall transport over any street, ave- nue or alley in the city, any food products intended for sale unless such products are wrapped or covered so as to protect them from dust and insects, pro- vided, that it shall not be necessary to wrap or cover food products which have upon them a skin or other outer covering which must be removed before they are fit for consumption. §1153. Food Products, Fruit, Confectionery, Etc. Must Be Covered When Exposed for Sale. (Sec. 2) No person, firm, corporation or association shall display any food products for sale on any side- walk, or in any uninclosed store, shop, stand or market unless such products are in a showcase or other similar device, or are covered in such manner as to etfectually protect the products from flies, dust or other contaminating agencies; provided, that there shall be excepted from the above provision food products which have upon them a skin or other outer covering which must be removed before they are fit for consumption. Confectionery, dates, figs, dried fruit, and such other fruit as is liable to carry contamination to the consumer, meat, butter, cheese, bakery products, and> all other similar products, shall be screened or covered to effectively protect them from contamination or damage by flies, vermin, or dust, when exposed for sale or display. No food products or fruits shall be displayed within eighteen inches of the floor, sidewalk, platform or ground. §1154. Sorting, Cleaning Fruits and Vegetables Prohibited on Streets and Alleys. (Sec. 3) No per- 581 - son, firm, corporation or association shall sort, or clean, any fruit or vegetables on any of the streets, avenues or alleys of this city, or on any public park or ground belonging to the city. §1155. Penalty. (8ec. 4) Any person, tirm^ corporation or association violating any of the pro- visions of this ordinance shall, on conviction, be fined not less than $3 nor more than $100. Each day that any of the provisions of this ordinance shall continue to be violated shall constitute a separate offense, and shall be punished accordingly. [Ord. No. 852, passed Aug. 23, 1911.] ARTICLE 6. OF THE INSPECTION AND SALE OF ICE. §1156. Vendors’ License. (Sec. 165) Every person desiring to engage in the business of selling ice within this city shall, before engaging in such business, file a written application with the health department for a license therefor, stating in such application the name of the applicant, whether the ice is manufactured and, if not, where the same is to l)e or has been cut or gathered, and the number of wagons or vehicles intended to be used by such ap- plicant for the delivery thereof. Such application shall be verified by the oath of the applicant; if the applicant is a corporation, by the oath of some officer thereof. Upon so doing, and the payment of a fee of one dollar for each wagon or other vehicle intended to be used by such applicant for the de- livery of ice, a license may be granted to such ap- idicant. All licenses granted under this section shall, unless sooner suspended or revoked, expire 582 on the olst day of Deceinl)er next after the issue thereof. §1157. Impure Ice. (Sec. 166) All ice sold or delivered within this city for domestic use shall be pure and free from matter deleterious to health, and such ice is hereby defined to be ice which, upon chemical bacteriological examination, shall be found to be free from nitrites and pathogenic bacteria, and not to contain more than 5-1000 of 1 ]3art of free ammonia and 5-1000 of 1 part of albuminoid am- monia in 100,000 parts. §1158. Duty of Health Officer. (Sec. 167) It shall be the duty of the health officer to examine or cause to be examined ice offered for sale within this city, and the places where ice is manufactured, stored and kept, and the wagons or other vehicles from which it is sold or delivered, to ascertain whether such ice is pure and free from matter hurt- ful to health according to said standard. §1159. Weighing of Ice When Sold. (Sec. 168) Every person selling ice or offering ice for sale shall, at the time of delivery, if requested so to do by the purchaser, his agent oj- servant, weigh the quantity of ice delivered and for that purpose shall be provided with scales or other apparatus for weighing such ice, which shall have been duly ad- justed by the inspector of weights and measures. All ice sold within this city shall be sold by avoirdupois weight unless it is otherwise especially agreed upon between the buyer and seller. Any person violating any of the provisions of this article shall be fined not less than five nor more than twenty-five dollars for each offense. [Ord. No. 730, passed Apr. 3, 1907, as amended by Ord. No. 894, passed Feb. 5, 1913.] 583 ARTICLE 7. RELAT1N(} TO PUBLIC MARKETS. §1160. Lease of Certain Lots. Public Market Established. (See. 1) The board of health is hereby authorized to secure a lease upon the following described real estate to-wit: the east 100 feet of the south 7 feet of lot 7 and the east 100 feet of lots numbered 8, 0, 10, 11, 12, 13 and 11, all in block No. 101 of the original townsite of Colorado Springs, Colorado. Upon the acceptance and approval of said lease by the city council the above described grounds shall be and liereby are established, designated and set apart as a ])ublic market. §1161. Market Master. Make Rules. (Sec. 2) The market master of this city shall have general custody and control over the public market, subject to the supervision of the board of health and the public grounds and building committee, who shall make such rules and regulations as may be deemed necessr.ry, and shall cause the same to be con- spicuously displayed in and about the market and grounds. §1162. Collect Fees. Pay Over to Treasurer. Monthly Statements. (Sec. 3) It shall be the duty of the market master to collect all fees, emoluments and perquisites of any kind due the city from the market and pay the same over to the city treasurer every Monday morning. At the close of each month he shall make du])licate sworn statements in detail of his doings, one of which shall be filed with the auditor, with the treasurer’s receipt thereto at- tached, and the other shall l)e filed witli the mayor. §1163. Penalty. (Sec. 4) Any person who shall violate any of the provisions of this ordinance, or any of the rules and regulations of the board of 584 health hereinbefore referred to shall upon convic- tion be fined in a sum not less than one nor inore than fifty dollars for each offense. [Ord. No. 658, passed Oct. 19, 1903.] ARTICLE 8. OF THE INSPECTOR AND INSPECTION OF AVEIGHTS AND MEASURES. §1164. Food Inspector To Be Inspector and Sealer of Weights and Measures. Duties. (Sec. 365) The food inspector shall be the inspector and sealer of weights and measures. He shall inspect and ex- amine all weights, measures, scale beams, joatent balances, steelyards arid other instruments and ap- pliances used in the city for weighing and measur- ing, at least once in each year, except track scales and scales of capacity of more than three tons, which he shall inspect at least once in each six months; he shall stamp or seal, with a suitable seal, all weights, measures and scales which he shall find accurate and shall deliver to the owner thereof a certificate of their accuracy. He shall keep a record of all weights, measures, scale beams, patent bal- ances, steelyards, and other instruments used for weighing, inspected and sealed by him, in which he shall state the location and the names of the owners of same and whether they are conformable to the standard of the state. He shall report forthwith to the attorney the names and places of business of all persons violating any of the provisions of this chap- ter. §1165. Inspector Not to Vend. (Sec. 366) It shall not be lawful for the said inspector to vend any 585 wei^'lits, measures, seale l)eams, {patent balances, steelyards, or otlier instrument to be used for weigh- ing- or offer or expose the same for sale or be inter- ested directly or indirectly in the sale of the same, under a ])enalty of fifty dollars for every such offense. §1166. Inspection. Condemnation. Adjust- ment. Seizure. (Sec. 367) The inspector shall ex- amine and inspect and seal all weights, measures, scale beams, patent balances, steelyards and other instruments used for weighing at stores and places where the same may be used; but, in case they, or any of them, shall not be conformable to the stand- ard of the state, they shall be marked ‘^condemned,’’ and the owner thereof shall, within ten days there- after, have the same properly adjusted and sealed, under a penalty of not more than ten dollars, and the inspector may, at any time after the expiration of the time aforesaid, seize and destroy any and all such condemned weights, measures, scale beams, patent balances, steelyards and other instruments used for weighing and measuring found in use. §1167. Fees. Limitations. (Sec. 368) It shall not be lawful for the inspector to make charges for inspecting and examining weights, measures, scale beams, patent balances, steelyards or other instru- ments used for weighing. §1168. Official Standard of Weights and Mea- sures. (Sec. 369) The inspector shall be supplied with correct and api>roved standards of weights and measures, of the standard adopte,d by the state of Colorado. §1169. Inspection Obligatory. (Sec. 370) Every person using weights, measures, scale beams, patent balances, steelyards, or any instrument in weighing or measuring anv article intended to be ])urchased 586 or sold ill the city; or in weighing- any person or animals for ])ay, shall cause the same to be inspected and sealed by the inspector in accordance with the provisions of this chapter. §1170. Peddlers. (Sec. 371) All itinerant ped- dlers using scales, balances, weights or measures shall take the same to the office of the inspector, before any use is made thereof, and have the same sealed and adjusted, and any such person failing to comply with the provision of this section shall be fined not less than five nor more than twenty-five dollars for each offense, and every day such person shall use such scales, balances, weights or measures without having the same adjusted and sealed as hereinbefore provided shall constitute a separate and distinct offense. §1171. Deceit or Fraud in Regard to Measure- ment or Weight. (Sec. 372) No person shall practice deceit or fraud of any kind whatsoever in the sale of wood, coal, grain, berries, fruit, vegetables, liquids or fluids of any kind, or any other commodity or modity or article of merchandise of any kind what- article of merchandise, whether sold by dry or liquid measurement, by selling or offering for sale any com- soever in quantities of less weight or measure than the weight or measure represented by him, his agent or employe upon such sale or otfer of sale, and no person shall sell or otfer for sale any article of dry measurement in other than a legal dry measure or any article of liquid measurement in other than a legal liquid measure, or in any measure which has not been inspected and sealed by the inspector in accordance with the provisions of this chapter. No package containing butter, butterine or oleomarg- arine shall be sold or offered for sale in this city, the net weight of the contents of which is less than sixteen ounces to the so-called pound package. 587 §1172. Dairy Products. (Sec. 373) All milk vessels, whether cans, bottles, glasses or measures, used in the sale or offering for sale of milk, skimmed-milk, cream or buttermilk, shall be in- spected once each year, and if found correct they shall be duly marked and a certificate of approval given, and if incorrect they shall be condemned and a written notice given to the owner thereof. Any person using any condemned vessel in the sale or offering for sale of any of said products shall be fined not less than five nor more than twenty-five dollars for each offense. §1173. Incorrect or Faulty Measures or Scales. (Sec. 374) No person shall use, maintain or operate in the city, in weighing or measuring as aforesaid, any weight, measure, scale beam, patent balance, steelyard or other instrument, which shall not be conformable to the standard of the state, nor shall use in weighing or measuring, as aforesaid, any scale beam, patent balance, steelyard, or other in- strument which shall be out of order or incorrect, nor which shall not balance. §1174. Refusal to Exhibit. (Sec. 375) No per- son shall refuse to exhibit any weight, measure, scale beam, patent balance, steelyard, or other in- strument, to said inspector for the purpose of being so inspected and examined. §1175. Interference With Officer. (Sec. 376) No person shall in any way or manner, obstruct, hinder, or molest the inspector in the performance of his duties under this chapter. [Ord. No. 730, ])assed Apr. 3, 1907.] 588 ARTICLE 9. OF CITY SCALES, WEIGFIM ASTERS AND LICENSED WEIGHERS. §1176. City Scales. (Sec. 1) That the street scales located in Del Norte street, between ‘Wahsatch avenue and Weber street, and the street scales located in South Cascade avenne, between Cncharras and Yermijo streets, are declared to be city scales. That the city council may provide by resolution for the erection or purchase and location of such other city scales as it may deem necessary to suit the com venience of the city, and that the council may by resolution, designate any suitably located street scales owned by a private party as city scales, pro- vided, that no scales not owned by the city shall be designated and become city scales without the owner thereof shall contract and agree that such scales shall he controlled and used by weighers appointed by the city as provided for in this ordinance; and provided that the price to be paid by the city for the use of any scales owned by a private party shall be fixed by the council by resolution. §1177. Weighmasters. Appointment. Salaries. Duties. (8ec. 2) The mayor, upon the recommenda- tion of the commissioner of public health and sani- tation, shall appoint a suitable city weighmaster to have charge of each of the city scales. The weigh- master shall not hold his position for any fixed term, but shall always be subject to removal by the mayor. He shall receive a salary of seventy dollars ($70) per month, payable semi-annually. The weighmas- ter shall attend the scales assigned to him at all rea- sonable hours on all days except Sundays and legal holidays, and weigh any load which any person desires to have weighed by him, and he shall furnish duplicate certificates to the person having such load 589 weighed, Avhicli certificates shall contain the kind of article weighed, the date of weighing, the net weight of the wagon or cart on which the load is hauled, the net weight of the article or articles weighed, and the total weight of the article or arti- cles weighed and the wagon or cart, the name of the dealer, the name of the city weighmaster, and the street and number of the location of the scales on which the weighing was done. The weighmaster shall keep a cashbook, which shall be the property of the city, in which shall be entered all sums earned and collected by him as city weighmaster, the date of receipt, the amount and from whom collected, and ,the date when same was paid to the city treas- urer. He shall also keep such receipt and other books as may be required by the commissioner of finance, and pay all money received by him to the city treasurer as provided by ordinance. §1178. Bond. (Sec. 3) Each city weighmaster shall give bond in the sum of one thousand dollars with one or more sureties to be approved by the mayor. §1179. ‘Fees. (Sec. 4) The city weighmasters shall be entitled to demand and receive for their services from the dealer or seller for whom the serv- ice was rendered a fee of ten cents for each load weighed requiring a certificate. No charge shall be made for weighing the empty wagon, cart or other vehicle where such weighing is done for the purpose of determining the net load weighed on said scales, or when a load is ordered weighed by the officers or employes of the city for the purpose of verifying the certificate of weight issued by a licensed weigher as herein provided. §1180. Standard of Weights. (Sec. 5) The standard of weights and measures fixed by the laws 590 of the state of Colorado shall at all times be used by the city weighmasters and licensed weighers, and their certificates shall be issued on the basis of such standards. §1181. Maintaining Scjales in Repair. (Sec. 6) It shall be the duty of the city weighmasters, under the supervision and direction of the commissioner of public health and sanitation, to keep and main- tain the scales in their charge in proper repair and condition so that they will weigh correctly at all times, and they shall at frequent intervals have said scales tested and sealed by the marketmaster; and any person interested in having articles weighed on the city scales may, at any reasonable time and at their own expense, have said city scales tested and sealed by the county inspector of weights and mea- sures. §1182. License. By Whom and How Procured. (Sec. 7) Any person, firm or corporation in the city of Colorado Springs engaged in selling or dealing- in any commodities or articles sold by weight maj^ procure a license for weighing and issuing certifi- cates of weight as herein required, by making appli- cation, in writing, to the city council through the city clerk, in which application shall be stated the location and character of the business of the appli- cant, the number, location and character of scales upon which weighing shall be done and the name or names of the person or persons who shall person- ally do the weighing and issue certificates of weight for the applicant, and that each person named as weigher is honest, competent and suitable in all particulars to act as a fair and just weigher, and that such person shall not issue a certificate of weight for any other than the applicant. The applicant shall deposit with the city clerk at the time of filing the application the annual fee for such 591 1 icon 80 to he evidenced by the receipt of the city clei-k endorsed upon said application. §1183. License Fee. (Sec. 8) Any person ob- taining- a license under this ordinance shall pay a license fee of ten dollars ($10) for one authorized weigher, and five dollars for each additional weigher named in said license. All licenses shall expire on the 31st day of December next following their issu- ance unless sooner revoked. §1184. Council Grant License. Bond. Condi- tions. (Sec. 9) The city clerk shall present said ap- plication to the city council, and if the same be ap]:>roved l)y the council a license shall be granted the applicant upon his depositing with the clerk a bond in the penal sum of $500 with one or more sure- ties to be approved by the mayor; such bond shall be made payable to the city and shall be conditioned that the applicant, and each of the persons desig- nated by him as weighers in his application for a license, or in any subsequent application for a change of weighers, shall comply with this ordinance and all other ordinances of the city relating to scales/ weights and measures, and that upon the conviction of the applicant or either or any of said weighers that he will pay whatever line shall be imposed for such violation, and that applicant will consent to the revocation of his license. The license shall be issued in the name of the applicant and shall state the particular person or persons who are authorized under such license to do weighing and issue certifi- cates of weight for the applicant, and such weighers are hereinafter designated ‘licensed weighers’’ and the person, firm or corporation in whose name the license is issued is termed ‘‘the licensee.” §1185. Weighing Must be Done by Licensed Weighers Personally. Penalties. (Sec. 10) It shall 592 be unlawful for any licensed weigher to issue a cer- tificate of weight without actually having himself made all the weights set out in said certificate. It shall ])e unlawful for him to sign any certificate in blank, or to authorize or permit any other person to weigh any commodity or article for which a cer- tificate of weight is issued by him, or to issue a certificate for any other person than the licensee. Any licensed weigher violating any of the provi- sions of this article shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars for each offense, and, may, in addition to such fine, have his authority to issue certificate re- voked. Any person not a licensed weigher who shall issue a certificate of weight as herein provided shall, on conviction, be fined not less than $25 nor more than $200 for each offense. Any person issu- ing any such certificate after his authority to do so has been revoked shall be fined not less than $25 nor more than $200. The authority of a licensed weigher shall be deemed to be revoked whenever the license naming him as weigher shall have ex- pired or have been revoked or cancelled, or when- ever the licensee shall have the city clerk revoke the licensed weigher ^s authority as herein provided. §1186. Penalty for Issuing a False Certificate. (Sec. 11) Any licensee who shall issue or cause to be issued a certificate showing an untrue or false weight, or any licensed weigher who shall issue a false certificate or weight shall, on conviction, be fined not less than $50 nor more than $200 for each and every offense, and such licensee and licensed weigher shall each have his license or authority to issue certificate of weight revoked. §1187. Substituting One Licensed Weigher for Another. (Sec. 12) Any licensee may have the 593 authority revoked of any person named in his license as a weigher, and have some other suitable person substiuted as such weigher, by paying one dollar to the city clerk and presenting to him the written res- ignation of such weigher, or proof satisfactory to the clerk that he has notified such weigher of his inten- tion to apply for the revocation of his authority to act as a weigher, and by filing with the city clerk an application in writing giving the name of the person whose authority as a weigher he wishes re- voked, and the name of the person to be substituted as a weigher in the place of the one he wishes re- moved, and stating that the person he requests to be substituted is an honest, competent and suitable person for weigher. Upon the filing of such appli- cation and the payment of said fee, the clerk shall have authority to issue a certificate revoking the authority of the original person named in said license to act as a weigher or to issue certificates of weight, and shall authorize the person designated in the application to act as an authorized weigher and issue certificates as herein provided, and such certificates shall be attached to the license and such person so authorized by the clerk shall have the same authority to weigh and issue certificates of weight as though he had been named in the original license. §1188. Licensed Weighers. Certificates. Pen- alty. (Sec. 13) It shall be the duty of each licensed weigher to correctly weigh all commodities or arti- cles sold by weight when such commodity or articles for any one delivery equals or exceeds five hundred pounds in weight, and to issue a true certificate of the net weight thereof when said commodity or arti- cle is weighed on a platform scales before being- loaded on a wagon or other vehicle, and the true weight of the wagon or vehicle and the gross weight 594 of the vehicle and such commodity and the net weight of the commodity or article when the same has been Aveighed on a street or wagon scales. And he shall issue a certificate to be delivered to the driver or person delivering such commodity to the purchaser, which certificate shall give in plain fig- ures each of the weights above mentioned, together with the name of the commodity weighed, the name of the dealer or licensee, and the location of the scales where weighed. The certificates shall contain the name of the licensee and shall be signed and certified to by the licensed weigher and shall contain a statement that the commodity mentioned in the certificate has been personally weighed in accord- ance with the ordinances of the city of Colorado Springs by the licensed weigher whose name is signed to the certificate, and that the weights set out in said certificate are true and correct. Any li- censee or licensed dealer, who shall issue or cause to be issued a certificate of weight which does not sub- stantially comply with the requirements of this sec- tion shall, on conviction, be fined not less than $10 nor more than $100. \ §1189. Penalty for Changing Certificate# or Di- minishing Load. (Sec. 14) It shall be unlawful for any person to alter or change or to permit to be altered or changed, any certificate of a city weighmaster or licensed weigher, or attempt to use or to cause or permit to be used any such certificate for or on account of any article, commodity, load or vehicle other than the one for which such certif- icate was given. It shall be unlawful for any driver, or any other person, to diminish or to cause or per- mit to be diminished the quantity or weight of any article or commodity after weighing, and before the delivery of the same to the purchaser thereof. Any person violating the provisions of this section shall, 595 on conviction, be fined not less than $50 nor more than $200. §1190. Weigh on City Scales When Requested by Purchaser. (Sec. 15) Every dealer or seller of any commodity or article sold by weight, when the weiglit of such commodity or article is 500 pounds or more, shall, when requested by the purchaser, weigh such commodity on the city scales, and de- liver to such purchaser a certificate of weight signed by a city weighmaster. Any dealer or seller violat- ing the provisions of this section shall, on convic- tion, be fined in any sum not exceeding $300. §1191. Officers May Order Load Weighed on City Scales. (Sec. 16) The mayor, and each of the city commissioners, the city weighmasters, the mar- ketmaster and the deputy market master, and each of the police officers of the city are respectively empowered to stop any vehicle conveying for de- livery to a purchaser any commodity or article sold by weight which weighs 500 [pounds] or more, when- ever either of them shall deem it necessary, and to require the same to be weighed on the city scales. The city weighmaster shall make no charge for such weighing. Any person refusing to weigh his load on the city scales when ordered to do so as above provided shall, on conviction, be fined in any sum not to exceed $300. §1192. Drivers Must Have Certificate. (Sec. 17) It shall be unlawful for any driver or deliverer of any commodity or articles sold by weight of the weight of 500 pounds or more, to deliver the same to any purchaser or consumer in the city without having in his possession for delivery a certificate of weighed as herein provided, issued by a city weigh- master or a licensed weigher, and he shall deliver such certificate to the purchaser or his representa- 596 tive before the unloading- of such commodity where it is practicable to deliver the same. Any driver or deliverer who shall violate the provisions of this section shall, on conviction, be fined in any sum not to exceed $300 for each offense. §1193. Dealer Must Furnish Certificate of Weight. (Sec. 18) It shall be unlawful for any dealer to deliver or cause to be delivered to any purchaser in this city any coal,' coke, hay, grain or other article or commodity sold by weight of the weight of 500 pounds or more without having the same weighed by a city weighmaster, or a licensed weigher, and procuring a certificate of weight as herein provided, and deliverinig or causing such certificate to be delivered to the purchaser, or, to the purchaser’s representative at the place of delivery, whenever the same can be done. Any person vio- lating the provisions of this section shall, on con- viction, be fined not less than $10 nor more than $300 for each offense. §1194. City Weighmaster Must Issue True Cer- tificate. (Sec. 19) It shall be unlawful for any city weighmaster to issue a false or untrue certificate of weight for delivery to any person. Any city weighmaster violating any of the provisions of this section shall, on conviction, be fined not less than * $50 nor more than $300 and be removed from office. [Ord. No. 783, passed Dec. 13, 1909.] ARTICLE 10. OF WEIGHERS AND WEIGHING OUTSIDE THE CITY LIMITS. §1195. Licenses Required. (Sec. 1) It shall be unlawful for any person, firm, corporation or asso- 597 elation to sell or deliver to consumers in the city of Oolorado Springs, coal, coke, wood, grain, hay, produce or other bulky commodity of which a single delivery shall amount to or exceed five hundred pounds without the same has been weighed by a city weighmaster or by a duly licensed weigher within the corporate limits of the city, as provided in the ordinance entitled, ‘‘An ordinance to provide city scales, and weighmasters, and licensed weigh- ers, and to prescribe their duties, and to provide for the weighing of commodities on the city scales and on other scales by licensed weighers, and to provide penalties for the violation of the provisions of this ordinance” (Art. 9), passed on the 13th day of De- cember, 1909, without first procuring licenses as hereinafter provided, and all such commodities shall be sold by weight and not by load or measure. §1196. By Whom and How Procured. (Sec. 2) The applicant for a license under the above section shall file with the city clerk an application for a license, giving his name and the location of his place of business and the location of his yard or plant and he shall file with the clerk a bond in the sum of five hundred dollars conditioned that he will observe all ordinances of the city of Colorado Springs in relation to the weighing of commodities and issuing certificates therefor; provided, however, . that in case the applicant shall have already filed with the city clerk a bond as required in section 9 of an ordinance of the city of Colorado Springs enti- tled, “An ordinance to provide city scales, etc.,” passed on the 13th day of December, 1909, it shall not be necessary for him to file an additional bond under this ordinance. The application shall be ac- companied by the license fee. The clerk shall issue a license to the applicant when authorized to do so by the council. 598 §1197. License Fee. (Sec. 3) (a) The license fee sliall be $20 per annum, ])ayment of wliicli shall entitle the license^ to maintain one yard or plant, with office in connection, for the conduct of his busi- ness and one office in some other locality in the city; additional yards, plants or offices of the same per- son, firm, corporation or association shall require an additional license fee of ten dollars per year for each additional yard, plant or office. No license shall be issued for less than the yearly fee and all licenses shall expire on the 31st day of December next following- their issuance, unless sooner revoked. (b) Payment of the annua 1 license fee of twenty dollars shall entitle the licensee to use one wagon, cart or other vehicle for the delivery of coal, coke, wood or other commodities of the weight of five hundred pounds or more; for each additional wagon, cart or other vehicle for use in such delivery the licensee shall pay an animal fee of one dollar. The city clerk shall issue on request of any licensee and on payment of the necessary fee, sub-licenses for the number of wagons, carts or vehicles re- quested; such sub-licenses shall expire on the 31st day of December next ensuing after their issuance. (c) Every wagon, cart or vehicle licensed un- der this ordinance shall display at all times the name of the licensee, in letters not less than three inches high, such as may be plainly visible. The city clerk shall issue with each license and sub-license a license number for each wagon, cart or other vehicle so licensed. The said number shall be of metal or other indestructible material complying with the ^ provisions next above, and the said number shall be plainly displayed on the right hand side of the li- censed vehicle. Each licensee shall be given the same license number from year to year if he so de- sires. 599 (d) Any general license shall be transferred on request of licensee and on payment of a transfer fee of one dolar to any person, firm, corporation or association which in the judgment of the city coun- cil is a legitimate successor in business to the li- censee requesting the transfer. Sub-licenses shall follow the transfer of the general license. §1198. Licensee May Issue Valid Certificates for Commodities Weighed Outside the Corporate Limits of the City. (Sec. 4) The license issued to the licensee shall entitle him to issue valid certifi- cates of weight for delivery of commodities that have been weighed outside of and beyond the cor- porate limits of the city and when such tickets have been issued as hereinafter provided, it shall not be necessary for the licensee to reweigh said commodi- ties within the corporate limits of the city, or to have the delivery of said commodities accompanied by a certificate of a licensed weigher or a city weigh- master before said commodities can be delivered to the consumer. All tickets issued by the licensee shall give the correct gross, tare and net weight of the commodities to be delivered and shall give the name of the dealer issuing the same, and the name of the person to whom the commodities have been sold or are to be delivered. In case any delivery of such commodities shall have been reweighed by any licensed weigher or city weighmaster said weigher’s certificate of weight shall be attached to the delivery ticket issued by said licensee. §1199. Driver Must Have Certificate. (8ec. 5) It shall be unlawful for any driver, teamster or de- liverer of any commodity or article hereinbefore mentioned sold by weight of the weight of five hun- dred pounds or more which has not been weighed inside the corporate limits of the city by a licensed 6oo wei^’her, or the city vveigiiniaster, to deliver the same to any purchaser or consumer in the city without having in liis possession for delivery a certificate of weight issued by a person, firm, corporation or ’as- sociation licensed as in this ordinance provided, and complying in all respects with section 4 of this ordi- nance, and he shall deliver such certificates to the piir(4iaser or his representative before the unloading of such commodity where it is practical to deliver the same. Any driver or deliverer who shall violate the provisions of this section shall, on conviction, be fined not less than five nor more than one hundred dollars for each offense. §1200. Tickets Must be Used by Licensee Only. (Hec. 6) No ticket issued by any licensee under this ordinance shall be used by or shall be a valid deliv- ery ticket for any other person, firm, corporation or association other than the licensee. §1201, Teamster Must Weigh When Requested by Officer. (Sec. 7) Any police officer of the city or the inspector of weights and measures shall have authority to require any teamster, driver or deliv- erer of any load for which a certilicate has been issued as’ hereinbefore provided, to have the same weighed on the city scales, or the nearest licensed scales, and any driver, teamster or deliverer of such commodities who shall refuse or neglect to weigh his load over such scales when directed so to do by said officer or inspector shall, on conviction, be fined in any sum not less than five nor more than one hun- dred dollars. §1202. Penalty for False Weights. (Sec. 8) Any licensee that shall issue, or cause to be issued, , any ticket or certihcate showing moi*e than the true weight of a commodity to be delivered to the con- sumer shall, on conviction, l)e fined not less than fifty 6oi iioj* more than three Imndred dollars and may have his license revoked hy the conncil. §1203. To Whom Provisions Shall Not Apply. (Sec. 9) The provisions of this ordinance shall not apply in any instance where a load of merchandise has been sold and is to be delivered to a licensee hereunder, nor shall it be necessary to set out on the delivery ticket of weii>ht of the commodity, the i>ross, net and tare weight on any load of merchan- dise or commodities delivered or to be delivered to consumers having tlieir own wagon scales or where, at the request of the purchaser, the load has been or is to be weighed over city scales, in which latter case, however, the city weighmaster’s certificate of weight shall accompany the regular delivery ticket and be delivered to the purchaser with said ticket. §1204. Penalty. (Sec. 10) Any ]ierson, firm, cor- ])oration or association violating any of the provi- sions of this ordinance for which no penalty has hereinbefore been provided for shall, on conviction, be fined not less than ten nor more than three hun- dred dollars for each and every offense. §1205. Inspector of Weights and Measures. (Se(*. 11) There is hereby created the position of in- spector of weights and measures. Such inspector shall be ap])ointed by the mayor u])on the recom- mendation of the commissioner of. health and san- itation, and such ins])e(dor of weights and mea- sures shall lie a])pointed for an indehuite term and may be removed at any time by the mayor or by the council, and he shall re(‘eive a salary of $70 ])er month on and after the first day of January, 1913. For and during the year beginning at the time of the appointment of such inspector and until the 31st day of December, 1912, said inspector shall receive as his sole compensation such amount as shall l)e paid ill license fees into the treasury of the city by the persons, firms, corporations and associations tak- ing out licenses as in this ordinance provided, and there is hereby appropriated and set apart for the payment of said inspector the total sum received from license fees under this ordinance, provided that the amount so received shall in no event exceed the sum of $70 pr month. §1206. , Duties. (Sec. 12) It shall be the duty of the inspector of weights and measures to see that the provisions of this ordinance and of all other or- dinances of the city of Colorado Springs in relation to weights and measures are fully enforced, and it shall be his duty to order over the city scales or other licensed scales at frequent and reasonable times commodities to be tested in order to deter- mine whether the ordinances of the city in relation to the weighing of commodities are being fully com- plied with, and he shall perform such other and fur- ther duties as may be prescribed by the commis- sioner of health and sanitation and by the ordi- nances of the city of Colorado Springs in relation to weights and measures. §1207. Repeal. (Sec. 18) This ordinance shall not be construed to repeal any of the provisions of the ordinance entitled, ‘‘An ordinance to provide city scales, and weighmasters, and licensed weighers, and to prescribe their duties, and to provide for the weighing of commodities on the city scales and on other scales by licensed weighers, and to provide |)enalties for the violation of the ])rovisions of this ordinance,” passed on the 13th day of December, 1909, but shall be considered amendatoiw thereto in providing that commodities may be delivered in the city of Colorado Springs without having been weighed within the corporate limits of the city. The license fee provided in this ordinance shall be in 603 jidditioii to lli(i Ji(‘(*nse l'e(is j'ecjiiired lor licenses and licensed weighers as provided in the ordinance ))assed r)ecernl)er Idth, ,1909. All otlier ordinances and pai'ts of oi'dinances in (*onfiict with this ordi- nan(‘(‘ ar(‘ liei‘el)y rc})ealed. |()rd. No. 8()1, passed dan. 10, 19HM (d^iirriFirAd^E of .State of Colorado. County of El T^aso, ss. T, CHAS. CHAPMAN, do hereby certify: That I am the regularly qualified and acting clerk of the city of Colorado Springs in said county and state, and am the custo- dian of the official seal and of the ordinances of said city: That this volume contains all the general ordinances of said city in force on the date of this certificate, the city charter and the amendments thereto in full and Article XX of the Constitu- tion of the state of Colorado as amended: That I have carefully compared said charter and the amend- ments thereto and said ordinances with the original manuscript's on file in my office and that same are completely, truly and correctly set forth in the foregoing compilation and revision; That such ordinances are arranged into numbered chapters and articles and are classified under proper heads; each num- bered section of an ordinance has the number following it in the compilation beginning with No. i and numbering such sec- tions consecutively in bold-faced type throughout, which said numbers are the general code numbers. Following such numbers are leadiiiir text words of each sec- tion supplied by the compiler and not a part of the ordinances, and then in parentheses appears the section number of the ordi- nance as originally passed Iffi-tween brackets, at the end of each section or after the last section of an ordinance or section of an oi' improvements which may be built or erected hereunder, shall revert tO' the City of Colorado Springs. Section 15. And the said George W. Jackson, his as- GAS. I-LKCTRIC LIGHT, HEAT AND POWER. 37 sociates or assigns, shall, before they enter upon the enjoy- ment of the franchise and ordinance herein granted, exe- cute and deliver to the City of Colorado Springs a bond in the penal sum of fifteen thousand ($15,000) dollars, with surety to be approved by the City Council of said city, con- ditioned that they will assume all damages for personal or other injuries that may occur, either to private individuals or corporations, as well as to the city of Colorado Springs, holding the said City of Colorado Springs harmless from any damages by pollution or waste of water,’ electrolysis, or otherwise, occasioned by the granting of this franchise or by their operations thereunder, or from any damages occasioned by the negligence or want of care on the part of the said George W. Jackson, his associates or assigns, in constructing and maintaining any of the plants or appli- ances herein provided for. Section i6. It is further provided that if at the expira- ♦ tion of this grant, to-wit, the term of twenty-five (25) years, it is desired by the said George W. Jackson, his as- sociates or assigns, to accept a new grant from the said City of Colorado Springs, Colorado, of like and similar rights and privileges, and for a period which may then be agred upon, a grant will then be given to the said George W. Jackson, his associates or assigns, in conformance with such conditions as the then City Council may then provide, and which they may then conclude to be wise and for the best interests of the City of Colorado Springs. Passed September 8th, A. D. 1898. ('.AS, lilvKCTRIC RIGHT, HEAT AND POWER. AN ORDINANCE Crantijn^ to IT. S'. Stratton, His Legal Representatives' or Assigns, the Right to Maiinfacture, Generate, Transmit, and Distribute Electricity for Light, Heat, Power and other Useful Purposes for Use in Certain Places, and to Erect and Maintain Poles and Moires on the Streets, Avenues, Alleys and Public Places in the City of Colo- rado Springs for the Purpose of Transmitting and Dis- tributing Such Electricity to Certain Places. Be It Ordained by the City Council oe the City oe • Colorado Springs: Section i. That from the date of the passage hereof and for the full term of twenty-five years therefrom, W. S. Stratton, his heirs, legal representatives and assigns be and he and they hereby are granted the right, privilege and authority to manufacture and generate electricity for light- ing, power and heat at the certain power house or electrical plant now in course of construction by said W. S. Stratton upon Block 300 in Addition numbered 3 to the City of Colo- rado Springs, Colorado, or any addition thereto, and to transmit and distribute the electricity so manufactured and generated to the following places: (i) To all street railway lines, sub-stations, car barns and all other buildings and property connected with the street railways of said W. S. Stratton or The Colorado Springs Rapid Transit Railway Company or the Colorado Springs and Suburban Railway Company, or their legal representatives, successors or assigns, either as now con- structed or hereafter constructed or acquired, either within or without the City of Colorado Springs. ('.AS, liUiCTRJC RIGHT, HRAT AND POWER. 39 (2) To the southern city limits of the City of Colo- rado Springs to be used and distributed outside of said City. Section 2. For the proper exercise of the powers hereby granted, permission, license and authority is hereby given to said W. S. Stratton, his heirs, legal representatives and assigns to construct and maintain in the streets, alleys and public places of said City, poles, lines of wire or other approved and proper electrical conductors for the purpose of transmitting and distributing electricity for the uses and purposes aforesaid to the above mentioned places. Section 3. All wires shall be carried on poles of wood or iron. Wooden poles shall be shaved and painted and shall be not less than thirty feet in height and not less than four inches in diameter at the smaller end. Iron poles shall be not less than twenty feet in height above the ground and not less than two inches in diameter at the upper end. All poles on streets shall be placed on curb lines of such streets, and in no case to extend beyond the curb lines into the street, and where practicable, on the lot lines extended on both streets and alleys. All poles to be placed in alleys where practicable ; all poles to be straight. Provided, however, that in no case shall poles be required to be farther apart than one hundred feet, unless it be necessary to place poles more than one hundred feet apart in crossing streets. Section 4. Said W. S. Stratton, his heirs, legal repre- sentatives and assigns shall at all times protect his or their wires and other electrical appliances by such insulation, cov- ering of wires with non-conducting matter and cut-outs as are necessary to render the use of its electrical current safe to life and property within this city, and shall equip his or their lines with such safeguards as science and experience demonstrate will aid thereto. 40 vSTKKI-T KAllAVAYS. SiccTiox 5. The City of Colorado Springs hereby re- serves to itself the right to string or erect its telephone or fire alarm wires on the poles erected under this ordinance. Section 6. This ordinance shall be in force after its ])assage and publication as required by law. Passed February 17, 1902. STREET RAILWAYS AN ORDINANCE Granting Right of Way Along, Over and Across Certain Streets, Avenues and Alleys in the City of Colorado Springs to the "Colorado Springs and Manitou Street Raihoay Company,'’ and AnthorRing th\e Construction and Operation of a Street Raihvay Thereon. Be It Ordained bv the City Council oe the City oe Colorado Springs: Section i. That ‘‘The Colorado Springs and Manitou Street Railway Company” be, and it is hereby, granted the right, privilege and license to locate, construct and oper- ate, by animal or other motive power, excepting steam lo- comotives, and to maintain a single or double track rail- way, with all the necessary and convenient turn-outs and switches in, upon, along and across the streets and alleys in the City of Colorado Springs hereinafter mentioned; also to construct and maintain within said City of Colorado Springs such depots, yards, shops and other appliances as may be necessary for the transaction of its business. STKlCirr KAir^WAVS. 41 Sect [ON 2. The said company is hereby authorized, after it shall have first procured, and filed with the city clerk, the consent in writing of the owners of more than one-half of the property fronting on any street or avenXte hereinafter named, or on that part of such street or avenue along which the company proposes to construct its lines of railway, to lay down its track or tracks for such railway in, upon, along and across such streets or parts thereof, namely: North and South Tejon street. North and South Weber street, North and South Wahsatch avenue, Pike,s Peak avenue. Cache la Poudre street, Uintah street, Platte avenue. Bijou street, Cheyenne avenue, Huerfano street, Cucharras street, Vermijo avenue, Pueblo avenue and Cascade avenue between the north line of North Park Place and the south line of Huer- fano street. Section 3. That said railway shall be used only for the purpose of transporting passengers and their ordinary hand baggage, and the tracks of said company shall not be used for the hauling of any steam railway cars over the same. Section 4. Said company shall be permitted to charge each person riding on its cars between any points within the City of Colorado Springs such sum for each passage as the company may determine. Provided, the sum so charged shall not exceed five (5) cents. Section 5. No track of such railway shall be elevated above the surface of any street, but whenever the City Council directs all tracks shall be laid so as to conform to the established grades of the streets of said city, and such track shall be of such character and shall be laid in such manner as to form no unnecessary impediment to the ordi- nary use of the streets for the pasage of wagons and other vehicles upon, along or across the same from any point. 42 stree;t railways. and in any and all directions. Such tracks shall also be laid with suitable bridges at all gutters so as to permit the free and unimpeded flow of water in and along said gutters. Si'X'Tjon 6. All tracks of said railway shall be of uni- form gauge, and when a single track only is laid in any street it shall be laid in the center of the street in all cases where })racticable. Where a double track is laid or contem- plated in any street, each of said tracks shall be laid at such distance from the center of said street as will make the center point between the two tracks the center of the street and no further apart than required for the conveni- ent passage of cars. No track shall be laid within twelve (.12) feet of the sidewalk upon any street, except as here- inafter provided. All turnouts shall be constructed be- tween cross streets. In crossing any bridge, and approach thereto, within the city limits the track shall be laid thereon in such manner as the City Council may direct. Section 7. The said company shall keep those portions of the streets lying between the rails of each of its tracks, and for a space of two feet on the outside of each rail, in good repair and shall plank between the tracks and two feet in width outside all tracks laid in crossing Kiowa, Pike’s Peak, Huerfano and Cucharras streets, and such other crossings as the City Council may hereafter direct. Section 8 . The cars or carriages of said company shall be run upon and along its tracks in conformity with the following rules and regulations : (1) No car shall be drawn or operated at a greater rate of speed than eight (8) miles per hour. (2) No car shall be allowed to stop on a cross-walk or in front of any intersecting street, except to avoid collision or injury to persons, or to take on or let off passengers. stre;et railways. 43 (3) All proper care shall be used by conductors and drivers to ])revent injury to persons and to wagons and other vehicles. (4) All cars after sunset shall be provided with proper signal lights. Section 9. The cars of said company shall at all times be entitled to the track, and in all cases wherein any wagon or other vehicle shall meet or be overtaken by a car upon any of the tracks of said company in said city, such team or other vehicle shall give place to such car. No person shall wilfully or maliciously obstruct, hinder or interfere with any car by placing, driving, stopping or causing to be placed, driven at slow pace or stopped, any wagon or other vehicle, or any obstacle whatsoever, in, upon, across, along or near any track of said company, in said city, after being notified by the conductor or driver of such car, by the ring- ing of the car bell or otherwise, to cease such obstruction or hindrance ; and whoever shall wilfully violate any of the provisions of this section of this ordinance shall, upon conviction thereof, before any police magistrate in said City of Colorado Springs, be fined any sum not less than five ($5) dollars nor more than one hundred ($100) dollars for each and every such offense. Provided, this section shall not apply to the laying of hose and movement of fire apparatus in case of fire. Section 10. The said company 'shall commence the construction of its said railway within three months from the date of the passage of this ordinance, and shall have the same constructed and in operation on Tejon street from Cache la Poudre street to Costilla street within nine months from the date of such passage, otherwise the rights and privileges hereby granted shall cease. 44 stre:e:t railways. Section ii. The rights and privileges hereby granted on any street or avenue shall be held to be terminated and cancelled if said company shall cease, for a period of thirty days after it commences to operate its road, the regular daily transportation of passengers, hindrance by the ele- ments excepted. Section 12. The right of way across the right of way hereby granted under the tracks of said railway company for pipes, mains and conduits for water, gas and sewerage, is reserved to the City of Colorado Springs. Section 13. The rights, privileges and license hereby granted to the said street railway company are granted sub- ject to all ordinances and police regulations of the City of Colorado Springs now in force and that may hereafter be adopted. Passed April ii, 1887. AN ORDINANCE Granting to the Colorado- Springs and M'anitou Street Rail- imy Company the Right of Way for an Extension of Its Line of Railway. Be It Ordained by the City Council oe the City oe Colorado Springs: Section i. That the Colorado Springs and Manitou Street Railway Company be, and it is hereby, granted the right, privilege and license to locate, construct and operate, by animal or other motive power, excepting steam locomo- tives, and maintain a single or double track railway, with all necessary and convenient turn-outs and switches, along street railways. 45 and across the streets, avenues and alleys in the City of Colorado Springs, hereinafter mentioned, in addition to the streets and alleys designated in the ordinance passed heretofore, and on the nth day of April, 1887, subject, nevertheless, to the limitations and conditions in said ordi- nances contained; beginning at the intersection of Tejon and Cache la Poudre streets ; thence along Cache la Poudre street to Nevada avenue; thence along Nevada avenue to Uintah street; thence along Uintah street to Tejon street; thence along Tejon street to Fontanero street; also from Huerfano street running north along Sierra Madre street to a point at or near the depot or depot grounds of the Denver and Rio Grande Railroad Company. Passed July 5, 1887. AN ORDINANCE Granting Right of Way Along, Over and Across Certain Streets, Avenues and Alleys in the City of Colorado Springs, to ''The Colorado Springs Rapid Wransit Rail- IVay Company’' and AufhoriAng the Constniction and Operation of a Street Raikcay Thereon. Be It Ordained by the City Council of the City of Colorado Springs : Section i. That “The Colorado Springs Rapid Transit Railway Company’’ be, and it is hereby, granted the right, privilege and license to locate, construct and operate, by motive power other than steam locomotives, and to maintain a single or double track railway, with all the necessary and convenient turnouts and switches, in, upon, along and across 46 street railways. the .streets and alleys in the City of Colorado Springs here- inafter mentioned ; also to construct and maintain within said City of Colorado Springs, such depots, yards, shops and other appliances as may be necessary for the transaction of its business. Section 2. The said company is hereby authorized after it shall have first procured and filed with the city clerk the consent in writing with the owners of more than one- half of the property fronting on any street *or avenue here- inafter named, or on that part of such street or avenue along which the company proposes to construct its line of railway, to lay down its tracks for such railway, in, upon, along and across such streets, or parts thereof, viz: Nevada avenue, \\"eber street, Wahsatch avenue, El Paso street. Prospect street, Tejon street, Willamette avenue, Cascade avenue from Pike’s Peak avenue to Huerfano street, St. Vrain street, Boulder street, Platte avenue. Bijou street, Kiowa street, Pike’s Peak avenue, Huerfano street. Corona street. Las Animas street, Cimarron street, Uintah street. Cache la Poudre street, Cucharras street. Walnut street and Oak street, [Cascade avenue south of center line of Huerfano street, Cheyenne avenue. Spruce street, and on the Mesa road from Spruce street produced to Walnut street.] Part in brackets added by ordinance No. 342, passed Mch. 17, 1890. Section 3. That said railway shall be used only for the purpose of transporting passengers and their ordinary hand baggage, and the tracks of said company shall not be used for the hauling of any steam cars over the same. Section 4. Said company shall be permitted to charge each person riding on its cars between any points within the City of Colorado Springs such sum for each passenger street rmeways. 47 as the comi)aiiy may determine. Provided the sum so charg’ed shall not exceed five (5) cents. Section 5. No track of such railway shall be elevated above the surface of any street, but, whenever the City Council directs, all track shall be laid so as to conform to the established grade of the streets of said city, and such tracks shall be of such character and shall be laid in such manner as to form no unnecessary impediment to the ordi- nary use of the streets for the passage of wagons and other vehicles upon, along or across the same from any point, and in any and all directions. Such track shall also be laid with suitable bridges at all gutters so as to permit the free and unimpeded flow pf water in and along said gutters. Section 6. All tracks of said railways shall be of uni- form gauge, and when a single track only is laid in any street it shall be laid in the center of the street in all cases where practicable. Where a double track is laid or contem- plated in any street, each of said tracks shall be laid at such distance from the center of said street as will make the center point between the two tracks the cefiter of the street and no farther apart than required for the convenient passage of cars. No tracks shall be laid within twelve (12) feet of the sidewalk upon any street, except as hereinafter provided. All turnouts shall be constructed between cross streets. In crossing any bridge, and approach thereto, within the city limits the track shall be laid thereon in such manner as the City Council may direct. Section 7. The said company shaU keep those portions of the street lying between the rails of each of its tracks, and for a space of two feet on the outside of each rail, in good repair, and shall plank between the tracks and two feet in width outside all tracks laid in crossing such streets and avenues as the City Council may direct. stkicht railways. 48 Section 8. The said company shall also build, construct and maintain all bridges necessary for the construction, o]jeration and maintenance of said railway, and in all cases where the said company shall now or hereafter desire to lay and maintain its track or tracks, across and upon any bridge already constructed or hereafter to be constructed by the City of Colorado Springs, upon any street or avenue aforesaid, it shall bear and defray and shall pay to said city a reasonable proportion of the cost of every such bridge before it shall be entitled to use the same, due reference being had to the proportion in width of every such bridge which the tracks of said company shall use and occupy and the additional strength and dimensions of such bridge made necessary by the use of the same by said company for the purposes aforesaid. 0 And in case the said company shall at any time desire to lay and maintain its tracks upon or across any bridge then already constructed upon any street or avenue afore- said, which is not of sufficient width or strength, in the judgment a majority of the City Council,'" to justify the laying and maintenance of said tracks, the said company shall in every such case pay and defray the expenses of enlarging or strengthening such bridge before it shall be entitled to use the same — and all such work .shall in every case be done under the supervision of the City Council and shall be approved by said council before the right to use the said bridge in any way by said company shall exist. And the said company shall also bear and defray and shall pay to the said city from time to time its due pro- portion of all repairs to every bridge upon or across which its track or tracks shall be laid and maintained so long as such Imidge shall be used by said company and the i)ro]:)or- tionate share of such repairs to be paid by said company STRIvET RAILWAYS. 49 shall in all cases be determined in the same manner as the portion of the original expense of such a bridge to be paid by it is determined. Section 9. The cars or carriages of said company shall be run upon and along its tracks in conformity with the following rules and regulations : 1. No car shall be drawn or operated at a greater rate of speed than eight (8) miles per hour. 2. No car shall be allowed to stop on a cross walk or in front of any intersecting street, except to avoid collision or injury to persons, or to take on or let of¥ passengers. 3. All proper care shall be use|;l by conductors and drivers to prevent injury to persons and to wagons and other vehicles. 4. All cars after synset shall be provided with proper signal lights. Section 10. The cars of said company shall at all times be entitled to the track and in all cases wherein any wagon or other vehicle shall meet or be overtaken by a car upon any of the tracks of said company in said city, such team or other vehicle shall give place to such car. No person shall wilfully or maliciously * obstruct, hinder or interfere with any car by placing, driving, stopping or causing to be placed, driven at a slow pace or stopped, any wagon or other vehicle, or any obstacle whatsoever, in, upon, across, along or near any track of said company, in said city, after being notified by the driver or conductor of such car, by the ring- ing of the car bell o’* otherwise, to cease such obstruction or hindrance : and whoever shall wilfully violate any of the provisions of this section of this ordinance shall, upon con- viction thereof, before any police magistrate in said City of Colorado Springs, be fined any sum not less than five ($5.09) 50 STRIvlvT RAILWAYS. dollars nor more than one hundred ($ioo) dollars for each and every such offense. Provided, that this section shall not apply to the laying of hose and movement of fire apparatus in case of fire. Section ii. The said company shall commence the con- struction of its railway within six months from the date of the passage of this ordinance, and shall have the same constructed and in operation on Pike’s Peak avenue from Cascade avenue to the eastern city limits within twelve months from the date of such jiassage ; otherwise the rights and privileges hereby granted shall cease. (As amended by Ordinance No. 342. Passed March 17, 1890.) Section 12. The rights and privileges hereby granted on any street or avenue shall be held to be terminated and cancelled if said company shall cease, for a period of thirty days, after it commences to operate its road, the regular daily transportation of passengers, hindrance by the elements excepted. ’ Section 13. The right of way across the right of way hereby granted under the track of said railway company for pipes, mains and conduits for water, gas and sewerage is reserved to the City of Colorado Springs. Section 14. The rights, privileges and license hereby granted to the said street railway company arc granted sub- ject to all ordinances and police regulations of the City of Colorado Springs now in force or that may hereafter be adopted. Section 15. The rights and privileges hereby granted on any street or avenue, or any part thereof, shall be held to be terminated and cancelled if said company shall fail within three years from the date hereof to construct and operate its railway upon such street or avenue or part thereof. stricet raiewavs. 51 Section 16. An ordinance entitled ‘‘An ordinance granting a right of way along, over and across certain streets, avenues and alleys in the City of Colorado Springs to the El Paso Rapid Transit Company and authorizing the construction and operation of a street railway thereon,” passed May 20th, 1889, is hereby repealed and all the rights and franchises thereby granted are hereby transferred and confirmed unto The Colorado Springs Rapid Transit Rail- way Company above named. Passed March i, 1890. AN ORDINANCE Granting to the Colorado Springs Rapid Transit Raihvay Company the Right to Locate, Construet, Operate and Maintain its Railway in Cheyenne Park. Be It Ordained by the City Council oe the City of Colorado Springs: Section i. That The Colorado Springs Rapid Transit Railway Company be and is hereby granted the right, privilege and license to locate, construct, operate and main- tain its railway from its present terminus upon the eastern limit of Cheyenne park westward over, across and in said park for a distance of 1,750 feet, to a point near the en- trance of South Cheyenne canon. Provided, said company shall lay its track and have its cars ready for running upon the same within six months after the passage of this ordi- nance ; and further provided, that no extra charge shall be made by said company for passage upon said railway in said park. 5 ^ stre:e;t raiways. S?:cTioN 2. The railway track of said company shall be laid in said park upon a survey therefor to be made by the city engineer, and in the construction thereof said com- pany shall not needessly destroy any of the trees or shrub- bery of said park. ‘ A plat of said survey is now on file in the office of the city clerk. Section 3. The said company is hereby granted the privilege and right of laying one switch or turnout con- nected with the said track in the said park and no more ; said switch or turnout not to exceed two hundred feet in length. Section 4. The said company is hereby granted per- mission and required to erect at the terminus of said road in said park a commodious and comfortably enclosed room for the accommodation of the public while in waiting for said cars of said company. And said company is hereby given permission to erect a pavilion at the said terminus connected with the said waiting room for the accommoda- tion of the public, and not for the sale of refreshments or other articles. All such structures shall be well built, painted and finished and of such structure and architecture as to be creditable to this city and its park. The plans and specifications, together with the place of location of said structures, shall be submitted to the City Council of th[s city, and its permission and approval thereof given before the erection of said structures are commenced. Section 5. This council grants to said railway com- pany full and exclusive control of all right of way hereby granted, and of all buildings by it erected in said park to be used only for the purposes above stated, except that it ex- pressly reserves to itself the right of police control and regulation over the same. Section 6. All costs of survey of the line of said rail- way track and location of said buildings shall be borne by street raieways. 53 said company, and the said company are required to keep the said buildings for a distance of fifty feet surrounding the same in good condition and repair, and maintain the same without charge to the public. Section 7. It is hereby expressly provided that at any time after five years from the date of the passage of this ordinance, the then City Council may repeal the* same after having submitted the question of the repeal of said ordinance to a vote of the tax payers of the City of Colorado Springs, a majority of said taxpayers voting having voted in favor of its repeal. Passed February 2, 1891. AN ORDINANCE Granting to the Colorado Springs Rapid Transit Raihoay Company tlw Right to Lay a Double Traek in West Huerfano Street and Colorado Avenue. P)E It Ordained by the City Council of the City of Colorado Springs : Section i. That The Colorado Springs Rapid Transit Railway Company is hereby granted the right, privilege and license to locate, construct and operate a double track in- stead of a single track as heretofore operated by said com- pany in West Huerfano street west of Monument creek and in Colorado avenue, so far as the same is within the limits of this city ; and, therefore, said company is au- thorized to take up their present single railway track laid therein and to replace the same with a double track of standard gauge, which shall be laid with nine feet space between the center line of the tracks or four and one-half 54 street RAIEWAYS. feet on either side of the center line of said street and avenue. Provided, ahvays, That this ordinance shall not be con- strued to grant any additional or further powers or rights to said Colorado Springs Rapid Transit Company than the rights and powers already granted by the ordinances of this city, save and except the right to lay down and use a double track instead of single track as herein specified. Passed August 3, 1891. AN ORDINANCE Granting the Right of Way and the Use of Water Power for an Bleetrie Raihvay Betzoeen the' City of Colorado Springs and the Tozxni of Cripple Creek, to Irving Howbert, His Assoeiates and Assigns. Whereas, It is proposed by Irving Howbert, and those whom he may asociate with him, to construct a line of rail- way between the City of Colorado Springs and the Town of Cripple Creek, in El Paso County, Colorado, and to operate the same by electric power, in transporting passen- gers and freight between those points, and a part of said line will pass through the lands of, and a part of said elec- tric power can best be generated by water power belonging to, the City of Colorado Springs, and it is deemed to be for the best interests and general welfare of said City of Colorado Springs that said line of railway be constructed, maintained and operated as aforesaid ; therefore, ?)E It Ordained ry the City Council oe the City oe Colorado Springs: Section i. That there be, and hereby is, granted to street railways. 55 Irving Howbert, his associates and assigns, the right of way for an electric railway through and across any lands belonging to the City of Colorado Springs, located in Sec- tions 27 and 28, in Township 14 south, Range 68 west of the sixth principal meridian, to the extent of fifty feet on each side of the center line of said railway, as the same may be located by the most •feasible route across said lands, and approved by a committee consisting of the mayor, the chairman of the water committee and the city engineer of the City of Colorado Springs ; also for and during the term of twenty-five years from the date of the passage thereof, the right to erect and maintain, on any land ac- quired by said city from the United States, and at certain points, and at no other place, such points to be specifically designated and marked on the ground by the committee above mentioned, to-wit: The first point to be above Lake Moraine and below Seven Lakes Divide; the second point above Reservoir No. 2, and below the east portal of the Strickler Tunnel ; the third point above the west portal of Strickler Tunnel and below Reservoirs No. 7 and 8 ; power houses and conduits and plants for the generation by water power of electricity, required to operate said railway and to utilize therein and therefor, but for no other purpose, (the City of Colorado Springs, always and forever, reserv- ing to itself and its use, the right and privilege of using any and all of such water for any purpose whatsoever, and at any and all points on any part, or the whole of such water system, save and except at the points designated in the manner provided in this ordinance) the water of any stream, ditch, flume or other conduit, belonging to the water sys- tem of said city, between upper end of Lake Moraine and Reservoir No. 7; also the right, during said term, to erect and maintain on said lands all necessary poles for the trans- fer of said electric power to said railway, and to take from stkkkt railways. 5 ^> said lands such earth, stone and dead timber as may be necessary for the construction, maintenance and o])eration of said railway, power houses and plants ; it bein^q" especially- provided herein that the said The City of Colorado Spring's does not, and will not, guarantee nor agree to furnish anv specific quantity of water, nor any water, through or bv virtue of its said system. Provided, further, (the City of Colorado Springs al- ways reserving to itself the right and authority to deter- mine and declare what constitutes pollution of such water) that said utilization of water shall neither pollute the same nor diminish its flow into Lake Moraine, nor into any other part of the water system of the said City of Colorado Springs ; and also provided that none of the waters of the said system shall be in any manner polluted, or to be per- mitted to be polluted, by those owning, managing or con- trolling such railway or right of way, or taking water there- from ; and also provided that if the construction of said rail- way shall not have been commenced within nine months, or if the whole of said railway shall not have been com- pleted, and be in operation, through its whole distance be- tween terminal point thereof in the City of Colorado Springs, and the terminal point thereof in the Town of Cripple Creek, within two years from and after the passage of this ordi- nance, or if, after the completion of said railway, the oper- ation thereof shall be voluntarily discontinued for a period of twelve hours at any one time, all the rights and privileges herein and hereby granted shall be null and void, and the same shall revert to the City of Colorado Springs. Section 2. The City of Colorado Springs does hereby reserve the right, free of charge, to use any or all of the poles of the said line of railway herein mentioned, from the terminal point thereof in the said The City of Colorado Springs, to any point or points which the said city may elect, STRKKT KA1L.WAYS. 57 upon the line of said railway, for the purpose of stringing telegraph, telephone or electric wires, or for all of said pur- poses, for the use of the City of Colorado Springs, ex- clusively. Section 3. It is also provided that the general and principal offices of said railway shall forever be kept and maintained by the said Irving Howbert, his associates or assigns, in the City of Colorado Springs. Section 4. The franchise herein granted is subject also to the express condition that there shall never be made any discrimination whatever in the charges for the transporta- tion of freight or passengers against the said The City of Colorado Springs, as compared with any other city or town in the State of Colorado, and upon a violation of any of the provisions of this section, such violation shall render this franchise, and the rights and privileges granted there- under, null and void, and the same shall revert to the said The City of Colorado Springs. Section 5. In the event of the violation of any of the provisions, contained in this ordinance, on the part of the said Irving Howbert, his associates or assigns, all the rights and privileges herein and hereunder granted, shall become null and void and the same shall revert to the said The City of Colorado Springs. Section 6. At the expiration of said term of twenty- five years, the said Irving Howbert, his associates and as- signs, shall have the first right to take and receive a grant of the same or like rights and privileges, for any extended term, and upon such conditions as may at such time be deemed by the City Council to be wise and expedient. Passed the 27th day of July, A. D. 1897. 58 street raiiavays. AN ORDINANCE Granting Right of Way Over, Along and Across Certain Streets, Alleys and Public Places in and Belonging to the City of Colorado Springs- to W. S. Stratton, His Heirs, Legal Representatives and Assigns, and Author- izing the Construction and Operation of a Railway Thereon. Be It Ordained by the City Council oe the City oe Colorado Springs: Section i. That W. S. Stratton, his heirs, legal rep- resentatives and assigns, be and he is hereby granted, for the period of twenty-five (25) years the right, privilege and license to erect, construct and operate by motive power other than steam locomotives or animal power, and to maintain a single or double track railway, with all necessary and con- venient turnouts and switches in, upon, along and across the streets, avenues, alleys, and public places in the City of Colo- rado Springs hereinafter mentioned ; and to construct and maintain depots, waiting rooms, yards, shops, barns, build- ings, power plants and works and other appliances for such purposes or to be used in connection therewith. Section 2. That the said W. S. Stratton, his heirs, legal representatives and asigns, be, and he is hereby, authorized, after he shall have first procured and filed with the City Clerk the consent in writing of the owners of more than one-half of the property fronting on any street or avenue herein- after named or on that part of such street or avenue along which he proposes to construct his line of railway, to lay down his tracks for such railway in, upon, along and across the following streets, avenues, alleys and public places, or parts thereof, viz. : street railways. 59 Beginning- at the intersection of Nevada avenue ^nd Huerfano street, running thence north on Nevada avenue to Pike’s Peak avenue, thence easterly on Pike’s Peak avenue to Wahsatch avenue ; thence northerly on Wahsatch avenue to Willamette avenue or to Dale street ; thence easterly on Willamette avenue or on Dale street to Corona street ; thence northerly on Corona street or on Wahsatch avenue to San Miguel street ; thence westerly on San Miguel street to either Wahsatch avenue or Weber street; thence northerly on Wahsatch avenue or Weber street to Columbia street; thence westerly on Columbia street to Weber street; thence northerly on Weber street to Espanola or to Caramillo street, or from Wahsatch avenue west on San Miguel to Weber street; thence on Weber street to Espanola or Cara- millo street; thence from either route westerly on Espanola or on Caramillo street to Tejon street, thence northerly on Tejon street to the city limits; also, commencing at the in- tersection of Espanola and Weber streets, thence north on Weber street to Van Buren street, thence west on Van Buren street to Tejon street. Also beginning at the intersection of San Miguel street and Corona street, or at the intersection of San Miguel street and Wahsatch ' avenue ; thence north to city limits and suburbs thereof. Also commencing at the intersection of Wahsatch ave- nue and Caramillo street ; thence westerly on Caramillo street to Weber street. Also commencing at the intersection of Pike’s Peak ave- nue and Nevada avenue, thence westerly on Pike’s Peak avenue to Cascade avenue ; thence northerly on Cascade avenue to North Park Place, thence westerly on North Park Place to Sierra Madre street ; thence southerly on Sierra Madre street to street or alley between Huerfano street and Antlers Park; thence easterly on street or alley on to STREKT RAILWAYS. r>o Sahwatch street; thence southerly on Sahwatch street to Huerfano street ; thence easterly on Huerfano street to Ne- vada avenue Also from the intersection of Pike’s Peak avenue and Cascade avenue southerly on Cascade avenue to Huerfano street. Also commencing at the intersection of Wahsatch ave- nue and Bijou street; thence easterly on Bijou street to El Paso street; thence north on El -Paso street to Platte ave- nue; thence easterly on Platte avenue to either Prospect street or Institute street; thence north on Institute street or Prospect street to Cache La Poudre street ; thence northerly and easterly by streets or private right of way to city limits and suburbs thereof. Also commencing at the intersection of Pike’s Peak avenue and Nevada avenue; thence running north on Ne- vada avenue to Kiowa street ; thence easterly on Kiowa street to El Paso street ; thence northerly on El Paso street to Platte avenue ; thence easterly on Platte avenue to either Prospect street or Institute street ; thence northerly on either Prospect street or Institute street to Cache La Poudre street ; thence easterly and northerly on streets or private right of way to city limits and suburbs thereof. Also, commencing at the intersection of Pike's Peak avenue and Prospect street ; thence southerly on Prospect street to Cimarron street ; thence easterly on Cimarron street to Prospect Lake ; thence in a southeasterly direction to Evergreen Cemetery. Also, commencing at the intersection of Nevada avenue and Huerfano street ; thence easterly on Huerfano street to El Paso street ; thence southerly on El Paso street or private right of way to Cimarron street ; thence easterly on Cimarron street to Prospect Lake ; thence in a southeasterly direction to Evergreen Cemetery. STREET RAILWAYS. 6l Also commencing- at the intersection of Pike's Peak avenue and Tejon street ; thence southerly on Tejon street to Vermijo street; thence easterly on Vermijo street to Pueblo avenue ; thence on Pueblo avenue to Cimarron street ; thence on Cimarron street to Prospect Lake ; thence in a southeasterly direction to Evergreen Cemetery. Also, commencing at the intersection of Huerfano street and Nevada avenue; thence south on Nevada avenue to Pueblo avenue ; Also commencing at the intersection of Vermijo street and Tejon street; thence south on Tejon street to the south- erly limits of the city and to the suburbs thereof. Also beginning at the intersection of Pike’s Peak ave- nue and Wahsatch avenue; thence southerly on Wahsatch avenue to Costilla street ; thence westerly on Costilla street to Weber street; thence south on Weber street to Las Ani- mas street ; thence west on Las Animas street to city limits. Also, commencing at the intersection of Wahsatch ave- nue and Pike’s Peak avenue ; thence east on Pike’s Peak avenue to Prospect street ; thence northerly on Prospect street to Platte avenue ; Also, commencing at the intersection of Kiowa street and Nevada avenue, thence north on Nevada avenue to Cheyenne avenue ; thence in a northeasterly direction on Cheyenne avenue to Wahsatch avenue. Also, commencing at the intersection of Cache La Poudre and Tejon streets; thence northerly on the line of Tejon street across private right of way to San Rafael street; thence northerly on Tejon street to Uintah street. Also, commencing at the intersection of Tejon street and Las Animas street ; thence east on Las Animas street to Nevada avenue; thence south on Nevada avenue to the southerly limits of the city and the suburbs thereof. 62 STREET RAILWAYS. Also, commencing at a point on the easterly line of the City Park, known as Cheyenne Park ; opposite either Elec- tric avenue of Dixon Park Place or the county road known as Cheyenne road or Cheyenne avenue ; thence northwest- erly via the Mesa to a point fifty feet southeast to the settler of Broadmoor water works of North Cheyenne canon. Also, commencing at a point upon the easterly line of the City Park, known as Cheyenne Park, opposite either Electric avenue of Dixon Park Place or the county road, known as the Cheyenne road or avenue, thence southwest- erly over and across and in said park for a distance of 1750 feet to a point near the entrance of South Cheyenne canon. Also, the right to erect, at the terminus of the said road, waiting rooms and pavilions for the accommodation of the pu1)lic. Also, commencing at the intersection of Huerfano street and Conejos street; thence in a southerly direction on Conejos street to Las Animas to connect with the Colo- rado Springs and Cripple Creek District railway. Section 3. That the said railway may be used for the transportation of passengers and their ordinary hand bag- gage, and the operation of passenger cars and transportation of passengers of and from other lines of railway. Also, be- tween the hours of ii :oo p. m. and 6:00 a. m. for the trans- portation of coal, at a speed of not more than eight (8) miles per hour ; the tracks of said railway to be kept free and clear from coal scattered by the cars of said railway. Section 4. That no track of such railway shall be ele- vated above the surface of any street, but whenever the City Council directs all tracks shall be laid so as to conform to the established grades of the streets of said city. The City Engi- neer shall establish the grades for said W. S. Stratton, his STREET RAIEWAVS. ^^3 heirs, le^al representative and assigns, before the construc- tion of such railway. And such tracks shall be of such char- acter and shall he laid in such manner as to form no un- necessary impediment to the ordinary use of the streets for the passage of wagons and other vehicles upon, along and across the same from any point, and in any and all di- rections. Such tracks shall also be laid with suitable bridges or culverts at all gutters so as to permit the free and un- impeded flow of water in and along said gutters. Section 5. That all tracks of said railway shall be of standard gauge, and when a gingle track only is laid in any street it shall be laid in the center of the street in all cases where practicable. \Miere a double track is laid or contem- plated in any street, each of said tracks shall be laid at such distance from the center of said street as will make the center point between the two tracks the center of the street and no further apart than required for the convenient passage of cars. In no event shall tracks take up more than eighteen and one-tenth (18.1) feet of said streets. No track shall be laid within ten (to) feet of the side- walk upon any street, except as hereinafter provided. All turn-outs shall be constructed between cross streets. In crossing any bridges and approach thereto, within the city limits, the tracks shall he laid thereon in such manner as the City Council may direct. Section 6. That said W. S. Stratton, his heirs, legal representatives and assigns shall keep those portions of the street lying between the rails of each of its tracks and for a space of two (2) feet on the outside of each rail in good re- pair and shall plank or pave between the two tracks and two (2) feet in width outside all tracks laid in crossing such streets or avenues as the City Council may direct and shall also plank or pave between all tracks and for a distance of STRICKT RAILWAYS. C>4 two (2) feet on the outside of each rail laid on any street in this city whenever the city shall pave the remaining- width of said street, all work to l3e done in conformity with the paving laid by the city. Section 7. That the said W. S. Stratton, his heirs, legal representatives and assigns, shall build, construct and maintain all bridges necessary for the construction, opera- tion and maintenance of said railway, and in all cases where the said W. S. Stratton, his heirs, legal representatives and assigns shall now or hereafter desire to lay and maintain his or their track or tracks, across and upon any bridge already constructed or hereafter to be con- structed by the City of Colorado Springs, upon any street or avenue aforesaid, he or they may so lay and maintain his or their track or tracks across such bridge, and shall pay to said city one-third (1-3) of the cost of such bridge before he or they shall be entitled to use the same. And in case the said W. S. Stratton, his heirs, legal representatives or assigns, shall at any time desire to lay and maintain his or their tracks upon or across any bridge or through any undercrossing then already constructed upon any street or avenue aforesaid, which is not of sufficient width or strength, in the judgment of a majority of the City Council, to justify the laying and maintenance of said tracks, the said W. S. Stratton, his heirs, legal represen- tatives or assigns, shall in every case at his or their own ex- pense enlarge or strengthen such bridge before he or they shall be entitled to use the same, — and all such work shall, in every case, be done under the supervision of the Street Committee and the City Engineer of said city, and shall be approved by them before the right to use the said bridge in any way shall exist. And the said W. S. Stratton, his heirs, legal represen- strket railways. 65 tatives or assigns, shall also bear and pay to said city from time to time one-third of the cost of all repairs to every bridge upon or across which his or their track or tracks shall be laid and maintained so long as such bridge shall be used by him or them. Section 8. That the cars or carriages of said W. S. Stratton, his heirs, legal representatives or assigns shall be run upon and along his or their tracks in conformity with the following rules and regulations : (1) No car shall be drawn or operated at a greater rate of speed than eight (8) miles per hour inside the fire limits; and sixteen (16) miles per hour outside of said limits. (2) No car shall be allowed to stop on a cross walk or in front of any intersecting street, except to avoid col- lision or injury to persons or to take on or let off passen- gers. (3) All proper care shall be used by conductors and drivers to prevent injury to persons and to wagons and other vehicles. (4) All cars shall be provided with proper signal lights and signs designating destination. Section 9. That the cars of said W. S. Stratton, his heirs, legal representatives and assigns, shall at all times be entitled to the tracks, and in all cases wdierein any wagon or other vehicle shall meet or be overtaken by a car, in said city, such team or other vehicle shall give place to such car. No person shall wdlfully or maliciously obstruct, hinder or in- terfere with any car by placing, driving, stopping, or caus- ing to be placed, driven at a slow^ pace or stopped, any wagon or other vehicle or any obstacle whatsoever in, upon, across, along or near any track of said W. S. Stratton, his heirs. 66 STKl<:m' KAIIAVAYS. lci>al representatives or assigns, in .said city, after being no- tified by the conductor or driver of said car by the ring- ing of the car bell or otherwise to cease such ol^struction or hindrance ; and whoever shall wilfully violate any of the provisions of this section of this ordinance shall, upon con- viction thereof before any Police Magistrate in said City of Colorado Springs, be fined any sum not less than Five ($5.00) Dollars, nor more than twenty-five ($25.00) Dol- lars for each and every such offense. Provided, that this sec- tion shall not apply to the laying of hose and movement of fire apparatus in case of fire, or funeral processions cross- ing the track of the said W. S. Stratton, his heirs, legal representatives and assigns. Section 10. That the said W. S. Stratton, his heirs, legal representatives or assigns, shall commence the construc- tion of his or their railway within six (6) months from the date of the passage of this ordinance, and shall diligently prosecute the work to completion of the Northeast line, the Prospect Lake and Cemetery line, according to the terms of this ordinance, within eighteen (18) months from the date of its passage, it being understood that thirty (30) months’ time be granted for the completion of all lines. Section it. That the right of way across the right of way hereby granted under the tracks of said W. S. Stratton, his heirs, legal representatives and assigns, for pij^es, mains and conduits for water, gas and sewerage and wires, is re- served to the City of Colorado Springs. Section 12. The right is given and granted to erect wood or iron poles on both sides of the streets, alleys or ave- nues, and to place wires thereon to conduct and utilize elec- trical power ; the said poles shall be securely placed and plant- ed in the earth at the outer edge of the sidewalk and on the STRLC12T RAILWAYS. 67 produced lines of lots and shall not be less than twenty (20) feet in height. All wooden poles shall be peeled and painted, and right is reserved for the city fire alarm and city telephone wires on all poles. Section 13. That the said W. S. Stratton, his heirs, legal representatives or assigns, shall never charge more than five (5) cents for one passage for each person riding on his or their cars, and the said W. S. Stratton, his heirs, legal rep- resentatives or assigns, shall sell, tickets, each of which shall entitle the holder to one passage as aforesaid, as follows : Twenty-two (22) tickets for one ($1.00) dollar. Provided, that children under ten (10) years of age may ride at one-half fare for each passenger by tendering a one-half fare ticket ; the said one-half rate ticket shall be sold as fol- lows : Twenty-two (22) tickets for fifty (50) cents; eleven tickets for twenty-five (25) cents. Children under five (5) years of age, when in charge of anyone paying full fare, shall be entitled to ride free. Section 14. That the said W. 'S. Stratton, his heirs, legal representatives and assigns, shall issue to each passenger on his or their car who has paid his full fare, a transfer check without charge upon his request which shall be valid for thirty (30) minutes and entitle said passenger to use the same upon any other line operated by the said W. S. Strat- ton, his heirs, legal representatives or assigns, for the con- tinuation of his passage from a point in said city to a point farther remote from his point of starting and to another point within said city. Provided, his other said passage be not continued upon a line or lines paralleling the line issuing said transfer, provided that the Spruce street line be not considered a parallel line. That the said W. S. Stratton, his heirs, legal representa- tives and assigns, shall also issue to and receive transfer from 68 STRIvKT RAIl.WAYS. otlier connecting- lines of railway now operated, or that may be operated within said City but only upon the conditions and in manner and form in this section above provided for issuance of transfers between different lines of railway which he or they may own and operate as may be agreed upon between W. S. Stratton, his heirs, legal representatives and assigns, and the owner or owners of other lines of railways. Section 15. That the said W. S. Stratton, his heirs, legal representatives and assigns, as partial consideration for the rights and privileges hereby granted, shall furnish, haul and operate upon his lines along such streets and avenues as the City Council may direct, for the period of ten hours each day, one electric sprinkling car without charge to the City therefor, and shall furnish the power for propelling said car and employes to operate the same, provided the City shall furnish water therefor. The said sprinkling car shall at all times be run so as not to interfere with his or their passenger cars passing over and along hii^ or their lines. The said W. S. Stratton, his heirs, legal representatives or assigns, shall also by agreement and contract, made by him or them with The Colorado Springs Rapi^l Transit Railway Company, which said contract shall be duly approved by the City Attorney, cause the said sprinkling car to be operated over and along the lines of the said The Colorado Springs Rapid Transit Railway Company as well as on his or their lines, under the direction of the City Council as aforesaid, and the City Council may at their election at any time after one year from the passage of this ordinance purchase and place upon the tracks of the said W. S. Stratton; his heirs, legal representatives and assigns, another electric sprinkler car which shall be operated over said tracks by the employes of said W. S. Stratton, his heirs, legal re])resentatives and assigns, and the power furnished therefor, upon j^ayment by S’r R K ICT R A 1 1 . W A V S. 69 the City of such employes’ wages only, and payment for all repairs and maintenance of said car. Section i6. The rights and privileges hereby granted the said W. S. Stratton, his heirs, legal representatives and assigns, are granted subject to all ordinances and police regu- lations of the City of Colorado Springs now in force or which may hereafter be adopted. Section 17. The rights and privileges hereby granted on any street or avenue or any part thereof shall be held to be terminated and cancelled if the said W. S. Stratton, his heirs, legal representatives or assigns, shall fail within thirty (30) months from the date hereof to construct and operate the railway upon such streets or avenues or parts thereof. Section 18. That W. S. Stratton, his heirs, legal rep- \ . . . resentatives and assigns shall give a good and sufficient bond in the penal sum of Ten Thousand ($10,000) Dollars to the City of Colorado Springs, conditioned for the payment to all persons, corporations, associations, and the City of Colorado Springs, of any damages sustained by them or any of them, or by the City of Colorado Springs, and for which the said W. S. Stratton, his legal representatives and assigns may be in law bound and held by reason of any acts of omission or commission or of negligence on the part of the said W. S. Stratton, his legal representatives and assigns, said bond to be approved by the City Council. Section 19. This ordinance shall be in force after its passage, publication and approval by the electors of the City) as required by law. Passed March 6, A. D. 1901. /O STREI5T RAILWAYS. AN ORDINANCE Submitting to the Electors Within the City of Colorado Springs, Who Are Taxpayers, at the General City Elec- tion to be Held in Said City, Tuesday, April 2nd, A. D. IQOI, an Ordinance Entitled '‘An Ordinance Granting Right of JVay Over, Along and Across Certain Streets, Alleys and Public Places in. and Belonging to the City of Colorado Springs to W. S. Stratton, His Heirs, Legal Representatives and Assigns, and Authorimng the Construction and Operation of a Railway ThereonT Passed March 6th, A. D. igoi, for Their Approval or Disapproval. Be It Ordained by the City Council oe the City oe Colorado Springs: Section i. That at the general city election to be held on Tuesday, April 2nd, A. D. 1901, there shall be submitted to the electors of said City, who are taxpayers, for their ap- proval or disapproval, an ordinance of'said City entitled “AN ORDINANCE GRANTINCz RIGHT OF WAY OYER, ALONG AND ACROSS CERTAIN STREETS, AL- LEYS AND PUBLIC PLACES IN AND BELONGING TO THE CITY OF COLORADO SPRINGS TO W. S. STRATTON, HIS HEIRS, LEGAL REPRESENTA- TIVES AND ASSIGNS, AND AUTHORIZING THE CONSTRUCTION AND OPERATION OF A RAIL- WAY THEREON,” passed March 6th, A. D. 1901, author- izing W. S. Stratton, his lieirs, legal representatives and assigns to construct and maintain depots, waiting looms, yards, shops, barns, liuildings, power plants and works and other appliances for such purposes or to be used in connec- tion therewith. Section 2. Voters approving of the passage of said or- dinance and of the granting of the rights, privileges and fran- STRIiOT KAII.WAYS. 71 chises therein contained will deposit a ballot with the words printed thereon “For the Railway;” and those who disap- prove of the same will deposit a ballot with the words print- ed thereon “Against the Railway.” Section 3. The judges acting at said election shall have power to determine the qualifications of electors to vote on said proposition and for such purpose are authorized to administer oaths. A separate ballot box from that used in voting for City Officers shall be provided for said ballots to be placed in the charge and keeping o'f said judges, in which ballots shall be deposited as reecived and numbered in the same manner as ballots of voters at the general election. Separate poll books and tally sheets shall be provided to be kept by the Clerks of said election. The said judges shall distribute to electors who are taxpayers said ballots as the same may be required and receive and deposit same in said ballot box, and after said polls have been closed, shall, within twenty-four liours thereafter return to the City Clerk of said City said ballots, ballot boxes, poll books and tally sheets ; with a certificate under their hands showing how many votes have been cast for, and how many votes have been cast against said ordinance. Before distributing said ballots to electors, as required, one of said judges shall write his initials in ink on the back of said ballots. The poll books, tally sheets and ballot boxes above mentioned shall be furnished by the City Clerk at the opening of said polling places. Said poll books, tally sheets and certificates shall be securely enclosed and sealed by said judges, directed to the City Clerk and on the outside thereof marked “Fran- chise, poll books, franchise tally sheets and franchise certifi- * cates” and also the number of the voting precinct shall be noted thereon. At the first meeting of the City Council after such elec- 7 -^ stkki-:t raii.wavs. tion, the City Clerk shall present to the City Council the returns of such election and same shall then and there be canvassed by said City Council, and the vote for or against said franchise ordinance ascertained and announced and the result thereof spread upon the records, and if a majority vote has been cast in favor of said franchise ordinance, the record of said City Council shall declare that the said fran- chise ordinance granting to said W. S. Stratton, his heirs, legal representatives and assigns, the rights, privileges and easements therein specified, has been approved by a major- ity of the voters of the City who are taxpayers, and that the same from that date shall be and is in full force and efifect according to its terms and provisions. Section 4. That the said W. S. Stratton, his heirs, legal representatives or assigns shall deposit with the City Treasurer of said City the sum of Two Thousand ($2,000) Dollars, the said sum to be subject to draft or warrants signed by the Mayor and City Clerk to be applied on the necessary expenses incurred by this franchise election, said sum to be so deposited within five days after the passage of this ordi- nance. Provided, that any part of said Two Thousand ($2,000.) Dollars that is not used or applied in payment of the expenses of said election shall within fifteen days after said election be returned to said W. S. Stratton, his heirs, legal representatives or assigns. Section 5. This ordinance shall be in force from and after its passage and publication as required by law. Passed March 6th, A. D. 1901. STREirr RAII^VVAYS. 73 AN ORDINANCE Cranting Right of Way Ozvr, Along and Across Certain Streets, Alleys and Public Places in and Belonging to the City of Colorado Springs to W. S. Stratton, His Heirs, Legal Representatives and Assigns and Author- izing the Construction and Operation of a Raihvay Thereon. 1)K It Ordainkd by the City Council oe the City of Colorado Springs: Section i. That W. S. Stratton, his heirs, legal repre- sentatives and assigns, be and he is hereby granted, for the period of twenty-five (25) years from March 6, 1901, the right, privilege and license to erect, construct and operate by motive power other than steam locomotives or animal power, and to maintain a single or double track railway, with all the necessary and convenient turn-outs and switches, in, upon, along, and across the streets, avenues, alleys and public places in the City of Colorado Springs hereinafter men- tioned ; and to construct and maintain depots, waiting rooms, yards, shops, barns, buildings, power plants and works and other appliances for such purposes or to be used in connec- tion therewith. Section 2. That the said W. S. Stratton, his heirs, legal representatives and assigns, be, and he is hereby author- ized, after he shall have first procured and filed with the City Clerk the consent in writing of the owners of more than one- half of the property fronting on any street or avenue herein- after named, or on that part of such street or avenue along which he proposes to construct his line of railway, to lay down his tracks for such railway, in, upon, along and across the fol- lowing streets, avenues, alleys and public places, or parts thereof, viz : 74 STREET RAILWAYS. J>eginiiin£^- at the intersection of Wahsatch avenue and Platte avenue, thence east on Platte avenue to the intersec- tion of Platte avenue and El Paso street. Also beginning at the intersection of Hancock avenue and Pike’s Peak avenue, thence south on Hancock avenue, either as laid out at the date of the passage of this ordinance or as the same may hereafter be laid out and extended, to the intersection of Cimarron street and Hancock avenue. Also beginning at the intersection of Walnut street and Pike’s Peak avenue, thence north on Walnut street to Platte avenue, thence east on Platte avenue to the intersection of Platte avenue and Spruce street. Also beginning at the intersection of Yampa street and Walnut street, thence north on Walnut street to San Miguel street. Also beginning at the intersection of Pike’s Peak avenue and Weber street, thence south on Weber street to inter- section of Weber and Costilla streets. Section 3. That the said railway may be used for the transportation of passengers and their ordinary hand bag- gage, and the operation of passenger cars and transportation of passengers of and from other lines of railway. Also, be- tween the hours of 1 1 :oo P. M. and 6;oo A. M. for the trans- portation of coal, at a speed of not more than eight (8) miles per hour ; the tracks of said railway to be kept free and clear from coal scattered by the cars of said railway. Section 4. That nO' track of such railway shall be ele- vated above the surface of any street, but whenever the City Council directs all tracks shall be laid so as to conform to the established grades of the streets of said city. The City Engineer shall establish the grades for said W. S. Stratton, his heirs, legal representatives and assigns before the con- STREET RAILWAYS. 75 struction of such railway, and such tracks shall be of such character and shall be laid in such manner as to form no unnecessary impediment to the ordinary use of the streets for the passage of wagons and other vehicles upon, along and across the same from any point, and in any and all directions. Such tracks shall also be laid with suitable bridges or culverts at all gutters so as to permit the free and unimpeded flow of water in and along said gutters. Section 5. That all tracks of said railway shall be of standard gauge, and when a single track only is laid in any street it shall be laid in the center of the street in all cases where practicable. Where a double track is laid or contem- plated in any street, each of said tracks shall be laid at such distance from the center of said street as will make the center point between the two tracks the center of the street and no farther apart than required for the convenient passage of cars. In no event shall said tracks take up more than eighteen and one-tenth (18.1) feet of said streets. No track shall be laid within ten (10) feet of the side- walk upon any street, except as hereinafter provided. All turnouts shall be constructed between cross streets. In crossing any bridges and approach thereto, within the City limits, the track shall be laid thereon in such manner as the City Council may direct. Section 6. That said W. S. Stratton, his heirs, legal representatives and assigns shall keep those portions of the street lying between the rails of each of its tracks and for a space of two feet on the outside of each rail in good repair and shall plank or pave between the two tracks and two (2) feet in width outside all tracks laid in crossing such streets or avenues as the City Council may direct, and shall also plank or pave between all tracks and for a distance of two (2) feet street railways. 7 ^> on the outside of each rail laid on any street in this city whenever the City shall pave the remainini^ width of said street, all work to be done in conformity with the paving- laid by the City. Section 7. That the said W. S. Stratton, his heirs, legal rejiresentatives and assigns, shall build, construct and main- tain all bridges necessary for the construction, operation and maintenance of said railway, and in all cases where the said W. S. Stratton, his heirs, legal representatives and assigns, shall now or hereafter desire to lay and maintain his or their track or tracks across and upon any bridge already con- structed or hereafter to be constructed by the City of Colo- rado Springs upon any street or avenue aforesaid, he or they may so lay and maintain his or their track or tracks across such bridge, and shall pay to said City one-third (1-3) of the cost of such bridge before he or they shall be entitled to use the same. And in case the said W. S. Stratton, his heirs, legal representatives or assigns, shall at any time desire to lay and maintain his or their tracks upon or across any bridge or through any undercrossing then already constructed upon any street or avenue aforesaid, which is not of sufficient width or strength, in the judgment of a majority of the City Council, to justify the laying and maintenance of said tracks, the said W. S. Stratton, his heirs, legal representa- tives or assigns shall in every case at his or their own expense enlarge or strengthen such bridge before he or they shall be entitled to use the same, and all such work shall, in every case, be done under the supervision of the Street Committee and the City Engineer of said City, and shall be approved by them before the right to use the said bridge in any way shall exist. And the said W. S. Stratton, his heirs, legal representa- STRKKT l^Air.WAYS. 77 tives or assigns, shall also bear and pay to said City from time to time one-third of the cost of all repairs to every bridge upon or across which his or their track or tracks shall be laid and maintained so long as such bridge shall be used by him or them. Section 8. That the cars or carriages of said W. S. Stratton, his heirs, legal representatives or assigns, shall be run upon and along his or their tracks in conformity with the following rules and regulations : (1) No car shall be drawn or operated at al greater rate of speed than eight (8) miles per hour inside the fire limits and sixteen (j6) miles per hour outside of said limits. (2) No car shall be allowed to stop on a crosswalk or in front of any intersecting street, except to avoid collision or injuryUo persons or take on or let off passengers. (3) All proper care should be used by conductors and drivers to prevent injury to persons and to wagons and other vehicles. (4) All cars shall be provided with proper signal lights and signs designating destination. Section 9. That the cars of said W. S. Stratton, his heirs, legal representatives and assigns shall at all times be entitled to the tracks, and in all cases wherein any wagon or other vehicle shall meet or be overtaken by a car, in said city, such team or other vehicle shall give place to such car. No person shall wilfully, or maliciously obstruct, hinder or interfere with any car by placing, driving, stopping or caus- ing to be placed, driven at a slow pace or stopped, any wagon or other vehicle or any obstacle whatsoever, in, upon, across, along or near any track of said W. S. Stratton, his heirs, legal representatives or assigns in said city after being 78 STREI 5 T RAILWAYS. notified l)y the conductor or driver of said car hy the ringing of the car hell or otherwise to cease such obstruction or hindrance ; and whoever shall wilfully violate any of the provisions of this section of this ordinance shall, upon con- viction thereof before any Police Magistrate in said city of Colorado Springs, be fined any sum not less than Five ($5) Dollars nor more than Twenty-five ($25) Dollars for each and every such ofifense ; provided, that this section shall not apply to the laying of hose and movement of fire apparatus, in case of fire, or funeral procession crossing the track of the said W. S. Stratton, his heirs, legal representa- tives and assigns. Section 10. That the said W. S. Stratton, his heirs, legal representatives or assigns, shall commence the con- struction of his or their railway within six (6) months from the date of the passage of this ordinance, and shall diligently prosecute the work to completion according to the terms of this ordinance, it being understood that thirty (30) months' time be granted for the completion of all lines. Section ii. That the right of way across the right of way hereby granted under the tracks of said W. S. Stratton, his heirs, legal representatives and assigns, for pipes, mains and conduits for water, gas and sewerage and wires, is re- served to the City of Colorado Springs. Section 12. The right is given and granted to erect wood or iron poles on both sides of the streets, alleys or ave- nues, and to place wires thereon to conduct and utilize elec- trical power ; the said poles shall be securely placed and planted in the earth at the outer edge of the sidewalk and on the produced lines of lots wherever practicable, and shall not be less than twenty (20) feet in height. All wooden poles shall be peeled and painted, and right is reserved for the City fire alarm and City telephone wires on all poles. STRE:Ii:T RAir.WAYS. 79 Section 13. That the said W. S. Stratton, his heirs, legal representatives or assigns, shall never charge more than five (5) cents for one passage for each person riding on his or their cars, and the said W. S. Stratton, his heirs, legal rep- resentatives or assigns, shall sell tickets, each of whom shall entitle the holder to one passage as aforesaid, as follows : Twenty-two (22) tickets for One ($i) Dollar; provided that children under ten ( 10) years of age may ride at one-half fare for each passenger by tendering a one-half fare ticket ; the said one-half rate ticket shall be sold as follows : Twenty- two (22) tickets for fifty (50) cents; eleven tickets for twenty-five (25) cents. Children under five (5) years of age, when in charge of anyone paying full fare, shall be entitled to ride free. Section 14. That the said W. S. Stratton, his heirs, legal representatives and assigns shall issue to each passen- ger on his or their car, who has paid his full fare, a transfer check without charge upon his request, which shall be valid for thirty (30) minutes and entitle said passenger to use the same upon any other line operated by the said W. S. Strat- ton, his heirs, legal representatives or assigns, for the con- tinuation of his passage from a point in said city to a point farther remote from his point of starting and to another point within said city, provided his other said passage be not continued upon a line or lines paralleling the line issuing said transfer, provided that the Spruce Street line shall not be considered a parallel line. That the said W. S. Stratton, his heirs, legal rep- resentatives and assigns, shall also issue to and receive trans- fer from other connecting lines of railway now operated, or • that may be operated within said city, but only upon the con- ditions and in manner and form in this section above pro- 8o stricict raimvays. vicled for issuance of transfers l:)etween clififerent lines of railway which he or they may own and operate, as may be ag-reed upon between W. S. Stratton, his heirs, legal repre- sentatives and assigns, and the owner or owners of other lines of railways. Sf.ction 15. The provisions of Section XV of an ordi- nance entitled ‘‘AN ORDINANCE GRANTING RIGHT OF WAY OVER, ALONG AND ACROSS CERTAIN STREETS, ALLEYS AND PUBLIC PLACES IN AND BELONGING TO THE CITY OF COLORADO SPRINGS TO W. S. STRATTON, HIS HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, AND AUTH- ORIZING THE CONSTRUCTION AND OPERATION A RAILWAY THEREON,” passed by the City Council of cil of the City of Colorado Springs on March 6th, A. D. 1901, wherein the said W. S. Stratton, his heirs, legal represent- atives and assigns, agreed to furnish, haul and operate upon his or their lines of street railway in the City of Colorado Springs an electric sprinkling car under certain conditions, are hereby extended to the lines of street railway constructed under this ordinance with the same effect as though the lines of street railway constructed hereunder had been constructed under and by virtue of the above entitled ordinance of March 6th, 1901. Section 16. The rights and privileges hereby granted the said W. S.i Stratton, his heirs, legal representatives and assigns are granted subject to all ordinances and police regu- lations of the City of Colorado Springs now in force or which may hereafter be adopted. Section 17. The rights and privileges hereby granted on any street or avenue or any part thereof shall he held to he terminated and cancelled if the said W. S. Stratton, his street railways. 8i heirs, legal representatives or assigns shall fail within thirty (30) months from the date hereof to construct and operate the railway upon such, streets or avenues or parts thereof. Section 18. That W. S. Stratton, his heirs, legal rep- resentatives and assigns shall give a good and sufficient bond in the penal sum of Ten Thousand ($10,000) Dollars to the City of Colorado Springs, conditioned for the payment to all persons, corporations, associations, and the City of Colorado Springs, of any damages sustained by them or any of them, or by the City of Colorado Springs and for which the said W. S. Stratton, his legal representatives and assigns may be in law bound and held by reason of any acts of omission or commission or of negligence on the part of the said W. S. Stratton, his legal representatives and assigns, said bond to be approved by the City Council. Section 19. This ordinance shall be in force after its ]iassage and publication as required by law. Passed January 6th, A. D. 1902. AN ORDINANCE Granting Right of JVay Over, Along and Across Certain Streets, Alleys and Pnblic Places in and Belonging to the City of Colorado Springs to The Colorado Springs and Internrban Railway Company, Its Siiecessors and Assigns, and Authorizing the Construction and Oper- ation of a Railway Thereon. Bic It Ordained by the City Council of the City of Colorado Springs : Section i. That the Colorado Springs and Internrban Railway Company, the assignee of all ‘the rights, privileges 82 BTRivlCT RAILWAYS. and franchises heretofore i^ranted l>y the City of Colorado Springs to W. S. Stratton, 1)y and under a certain ordinance entitled: “AX, ORDINANCE GRANTING RIGHT OF WAY OVER, ALONG AND ACROSS CERTAIN STREETS, ALLEYS AND PUBLIC PLACES IN AND BELONGING TO THE CITY OF COLORADCj SPRINGS TO W. S. STRATTON, HIS HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, AND AU- THORIZING THE CONSTRUCTION AND OPERA- TION OF A RAILWAY THEREON,” passed by the City Council of the City of Colorado Springs, on March 6th, xV. D. 1901, and its successors and assigns be, and they are hereby granted, for the period of twenty-five years the right, privilege and license to erect, construct and operate by motive power other than steam locomotives or animal power, and to maintain, a single or double track railway, with all the necessary and convenient turnouts and switches in, upon, along and across all or any of those streets, ave- nues, alleys and public places in the City of Colorado Springs named and designated in the aforesaid ordinance passed March 6th, 1901, and upon which said Wk S. Strat- ton, his heirs, legal representatives or assigns have not here- tofore constructed and operated a railway under said ordi- nance, as fully as though said streets, avenues, alleys and public places were set forth at length herein. Section 2. The rights, privileges and franchises herein granted shall be enjoyed in pursuance of and subject to the same terms, conditions, provisions and restrictions as are contained in said ordinance of March 6th, 1901, except as contained in Sections X and XVII thereof (the terms of which are not applicable hereto), and all of which, save said two sections aforesaid, are to be deemed a part of this ordi- nance as fully as though incorporated herein. Provided, STREET RAILWAYS. 83 however, that The Colorado Springs and Interurban Railway Company, its successors or assigns, shall not be required to furnish, propel and operate upon its lines of railway con- structed hereunder, any other or further sprinkling car or cars than those required in Section X\k of said Ordinance of March 6th, 1901, or to furnish any other or further bond than that required in Section XVIII. of said ordinance ; and Provided, further, that the rights and privileges hereby granted on any street or avenue or any part thereof shall be held to be terminated and cancelled if the said The Colorado Springs and Interurban Railway Company, its successors or assigns shall fail on or before September 6th, 1906, to construct and operate the railway upon such streets \ or avenues or parts thereof ; it being the intention of this ordinance to extend the time for the construction and opera- tion of railways upon streets, avenues, etc., designated in said ordinance of March 6th, 1901, and upon which no such railways have heretofore been constructed and operated thereunder, for three years from September 6th, 1903, the expiration of the time prescribed in Section XVII. of said ordinance. Section 3. That the Colorado Springs and Interurban Railway Company, its successors and assigns, by the accept- ance hereof, do not waive or relinquish and shall not be deemed to waive or relinquish any of the rights, privileges and franchises which it has acquired, holds, owns and en- joys under said ordinance of March 6th, 1901. Section 4. This ordinance shall be in force after its passage and publication, as required by law. Passed October 5, 1903. 84 street RAIEWAYS. AN ORDINANCE Granting Right of Jl^ay Over, Along and Across Certain Streets, Alleys and Public Places in and Belonging to the City of Colorado Springs to the Colorado Springs and Intenirban Raikmy Company, Its Successors and Assigns, and Authorising the Construction and Opera- tion of a Railway Thereon; and Extending and Renew- ing the Provisions of an Ordinance Untitled “An Ordi- nance Granting Right of Way Over, Along and Across Certain Streets, Alleys and Public Places in and Belong- ing to the City of Colorado Springs, to W. S. Stratton, His Heirs, Legal RepresentatHes and Assigns and Authorizing the Construction and Operation of a Rail- way Thereon,” Passed January 6 th, A. D. IQ02. Be Br Ordained by the. City Council of the City of Colorado Sprinos: Section i. That the Colorado Springs and Interurban Railway Company, the assignee of all the rights, privileges and franchises heretofore granted by the City of Colorado Springs to W. S. Stratton by and* under certain ordinance entitled “AN ORDINANCE GRANTING RIGHT OF WAY OVER, ALONG AND ACROSS CERTAIN STREETS, ALLEYS AND PUBLIC PLACES IN AND BELONGING TO THE CITY OF COLORADO SPRINGS TO W. S. STRATTON, HIS HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS AND AUTHOR- IZING THE CONSTRUCTION AND OPERATION OF A RAILWAY THEREON,” passed by the City Council of the City of Colorado Springs on January 6th, A. D. 1902, and its successors and assigns be, and they are hereby granted for tlie period of twenty-five years the right, privilege and license to erect, construct and operate by motive power other street railways. 85 than steahi locomotives or animal power and to maintain a single or double track railway with all the necessary and convenient turnouts and switches in, upon, along and across all or any of those streets, avenues, alleys and public places in the City of Colorado Springs, named and designated in the aforesaid ordinance passed January 6th, A. D. 1902, and upon which said W. S. Stratton, his heirs, legal represent- atives or assigns have not heretofore constructed and oper- ated a railway under said ordinance, including the following : Beginning at the intersection of Walnut street and Pike’s Peak avenue, thence Morth on Walnut street to Platte avenue, thence east on Platte avenue to the intersection of Platte avenue and Spruce street ; Also beginning at the intersection of Yampa street and Walnut street, thence north on Walnut street to San Miguel street. Section 2. The rights, privileges and franchises herein granted shall be enjoyed subject to the same terms, condi- tions, provisions and restrictions as are contained in said ordi- nance of January 6th, A. D. 1902, except as contained in Sections X and XVII thereof (the terms of which are not applicable hereto) and all of which, save said two sections aforesaid, are to be deemed as part of this ordi- nance as fully as though incorporated herein. Provided, however, that The Colorado Springs and Interurban Rail- way Company, its successors or assigns shall not be re- quired to furnish, propel and operate upon its lines of rail- way constructed hereunder any other or further sprinkling car or cars than those required in Section XV of said or- dinance of January 6th, A. D. 1902, or to furnish any other or further bond than that required in Section XVIII of said ordinance, and provided further, that the rights and privi- leges hereby granted on any street or avenue or any part 86 STREET R A I E\V AYS. thereof shall he held to be terminated and cancelled if the said The Colorado Sprins^s and Interiirban Railway Com- pany, its successors or assig'ns, shall fail, on or before thirty months from the date of the passage of this ordinance, to construct and operate the railway upon such streets or ave- nues or parts thereof ; it being the intention of this ordi- nance to extend the time for the construction and operation of railways upon streets, avenues, etc., designated in said or- dinance of January 6th, A. D. 1902, and upon which no railways have heretofore been constructed and operated thereunder, for said period of thirty months from the date of the passage of this ordinance. Section 3. That The Colorado Springs and Interurban Railway Company, its successors and assigns, by the accept- ance hereof, do not waive or relinquish and shall not be deemed to waive or relinquish any of the rights, privileges and franchises which it has acquired and holds, owns and enjoys under said ordinance of January 6th, A. D. 1902. Section 4. This ordinance shall be in force after its passage and publication as required by law. Passed November 14, 1904. AN ORDINANCE Granting Right of Way Oz'cr, Along and Across Certain Streets, Avenues and Public Places in and Belonging to the City of Colorado Springs to the Colorado Springs and Intenirhan Railway Company, its Successors and Assigns, and A'lithoriiAng the Construction and Opera- tion of a Railway Thereon. Be It Ordained I’.v the City Council of the City of Colorado Springs; Section i. That the Colorado Springs and Interurban strke:t railways. 87 Railway Company, a corporation organized and existing un- der and by virtue of the laws of the State of Colorado, (here- inafter referred to as the Railway Company), be, and it hereby is, granted, for a period of twenty-five years, the right, privilege and license to erect, construct and operate by motive power other than steam locomotives or animal power, and to maintain a single or double track railway with all the necessary and' convenient turn outs and switches in, upon, along and across the streets, avenues and public places in the City of Colorado Springs hereinafter men- tioned. ^ Section 2. That the said Railway Company, having heretofore procured and filed with the City Clerk the written consent of the owners of the land representing more than one-half of the frontage on those parts of the streets and avenues along which it proposes to construct, operate 'and maintain its line of railway as hereinafter mentioned, be, and it hereby is, authorized to lay down its tracks for such railway in, upon, along and across the following streets, avenues and public places or parts thereof, namely ; Beginning at the intersection of Costilla street with Tejon street; thence east on Costilla street to El Paso street; thence south on El Paso street to Cimarron street ; thence east on Cimarron street to Hancock avenue ; thence south on Hancock avenue to the city limits of the City of Colo- rado Springs. Section 3. That the said railway may be used for the transportation of passengers and their ordinary hand bag- gage, and the operation of passenger cars and transportation of passengers of and from other lines of railway ; also, between the hours of 1 1 :oo p. m. and 6 :oo a. m. for the transportation of coal, at a speed of not more than eight 8S STRKICT RAIRWAVS. (8) miles per hour; the tracks of said railway to be kept free and clear from coal scattered by the cars of said rail- way. Sec'i'iox 4. 'I'hat no track of such railway shall be ele- vated above the surface of any street, but whenever the City Council directs, all tracks shall be laid so as to conform to the established grades of the streets of said city. The City Engineer shall establish the grades for the Railway Company before the construction of such railway, and such tracks shall be of such character and shall be laid in such manner as to form no unnecessary impediment to the ordinary use of the streets for the passage of wagons and other vehicles upon, along and across the same from any point, and in any and all directions. Such tracks shall also be laid with suitable bridges or culverts at all gutters so as to permit the free and unimpeded flow of water in and along said gutters. Section 5. That all tracks of said railway shall be of standard gauge, and when a single track only is laid in any street, it shall be laid in the center of the street in all cases where practicable. Where a double track is laid or contemplated in any street, each of said tracks shall be laid at such distance from the center of said street as will make the center point between the two tracks the cen- ter of the street and no further apart than required for the convenient passage of cars. In no event shall such tracks take up more than eighteen and one-tenth (18.1) feet, in width, of said streets. No track shall be laid within ten (10) feet of the side- walk upon any street, except as hereinafter provided. All turnouts shall be constructed between cross streets. Section 6. The said Railway Company shall keep those 8 STUICICT RAILWAYS. 89 portions of the street lying- between the rails of each of its tracks and for a space of two feet on the outside of each rail in good repair, and shall plank or pave between the two tracks and two (2) feet in width outside of all tracks laid in crossing such streets or avenues as the City Council may direct, and shall also plank or pave between all tracks and for a distance of two (2) feet on the outside of each rail laid on any street in this city whenever the city shall pave the remaining width of said street, all work to be done in conformity with the paving laid by the city. Section 7. That the cars or carriages of said Railwav Company shall be run along and upon its tracks in conform- ity with the following rules and regulations : (1) No cars shall be drawn or operated at a greater rate of speed than eight (8) miles per hour inside of the fire limits, and sixteen (16) miles per hour outside of said limits. (2) No car shall be allowed to stop on a cross walk or in front of any intersecting street, except to avoid col- lision or injury to persons or take on or let off passengers. (3) All proper care shall be used by conductors and drivers to prevent injury to persons and to wagons and other vehicles. (4) All cars shall be provided with proper signal lights, and signs designating destination. Section 8. That the cars of said Railway Company shall at all times be entitled to the tracks, and in all cases wherein any wagon or other vehicle shall meet or be over- taken by a car, in said city, such team or other vehicle shall give place to such car. No person shall wilfully or mali- ciously obstruct, hinder or interfere with any car by placing, driving, stopping or causing to be placed, driven at a slow 90 stkickt railways. *pace or stopped, any wagon or other vehicle or any obstacle whatsoever in, upon, across, along or near any track of said Railway Comj^any in. said city, after being notified by the conductor or driver of said car by the ringing of the car bell or otherwise to cease such obstruction or hindrance ; and whomsoever shall wilfully violate any of the provisions of this section of this ordinance shall, upon conviction there- of before any Police Magistrate in said City of Colorado Springs, be fined any sum not less than five Dollars ($5) nor more than twenty-five dollars ($25) for each and every such ofifense; provided, that this section shall not apply to the laying or hose and movement of fire apparatus in case of fire, or funeral processions crossing the said tracks. Section 9. That the ‘said Railway Company shall com- mence the construction of its railway within six (6) months from the date of the passage of this ordinance, and shall dili- gently prosecute the work to completion according to the terms of this ordinance, it being understood that thirty (30) months’ time is granted for the completion of all lines authorized hereunder. Section 10. That the right of way across the right of way hereby granted, under the said tracks, for pipes, mains and conduits for water, gas and sewerage and wires, is reserved to the City of Colorado Springs. Section ii. The right is hereby given and granted to said Railway Company to erect wood or iron poles on both sides of the streets, avenues or alleys and to place wires thereon to conduct and utilize electrical power; the said poles shall be securely placed and planted in the earth at the outer edge of the sidewalk and on the produced lines of lots wherever practicable, and shall not be less than twenty (20) feet in height. All wooden poles shall be peeled and painted, STREET RAILWAYS. 91 and right is reserved for the city fire alarm and city tele- phone wires on all poles. Section 12. That the said Railway Company shall never charge more than five (5) cents for one passage for each per- son riding on its cars on the line of railway constructed here- under, and it shall sell tickets, each of which shall entitle the holder to one passage as aforesaid, as follows : Twenty- two (22) tickets for one dollar ($1) ; provided, that chil- dren under ten (10) years of age may ride at one-half fare for each passenger by tendering a one-half fare ticket. Children under five (5) years of age, when in charge of anyone paying full fare, shall be entitled to ride free. Section 13. That the said Railway Company shall issue without charge, to each passenger on its car on said line, who has paid his full fare, and upon his request, a transfer check which shall be valid for thirty (30) minutes from time of issuance and entitle said passenger to use the same as one fare upon any other connecting or intersecting line operated by the said Railway Company for the continua- tion of his passage from the point of connection or intersec- tion with such other line to a point in said city further remote from his point of starting, provided his said passage be not continued upon a line or lines paralleling the line issuing said transfer. Section 14. The rights and privileges hereby granted the said Railway Company are granted subject to all ordi- nances and police regulations of the City of Colorado Springs now in force or which may hereafter be adopted. Section 15. The rights and privileges hereby granted on any street or avenue, or any part thereof, shall be held to be terminated and cancelled if the said Railway Company shall fail within thirty (30) months from the date hereof 9 -^ STREET RAILW'AYS. to construct and operate the railway upon such streets or aA^enues or parts thereof. Section i6. That the Railway Company shall give its bond in the penal sum of ten thousand dollars ($10,000) to the City of Colorado Springs, conditioned for the payment to all ])ersons, corporations, associations, and the City of Colo- rado Springs, of any damages sustained by them or any of them, or by the City of Colorado Springs, and for which the said Railway Company may be in law bound and held by reason of any acts of omission or commission or of negligence on its part, said bond to be approved by the City Council. Section 17. All franchises, rights, licenses and privi- leges hereby granted and all terms, conditions, restrictions and agreements herein contained, are granted to, shall be exer- cised and enjoyed by, and be binding and enforcible by and against, the successors and assigns of said Railway' Com- pany. Section 18. This ordinance shall be in force after its passage and publication as required by law. Passed July 6th, 1905. AN ORDINANCE ' Granting Right of Way Over, Along and Across Certain Streets, Avenues and Public Places in and Belonging to the City of Colorado Springs, to the Colorado Springs and Interurban Railzmy Company, its Successors and Assigns, and Authorizing the Construction and Opera- tion of a Railway Thereon. Be It Ordained r.v the City Council oe the City oe Colorado Springs: Section i. That the Colorado Springs and Interurban Railway Company, the assignee of all the rights, privileges STREET RAILWAYS. 93 and franchises heretofore granted by the City of Colorado Springs to W. S. Stratton by and under a certain ordi- nance entitled : “AN ORDINANCE GRANTING RIGHT OF WAY OVER, ALONG AND ACROSS CERTAIN STRETS, ALLEYS AND PUBLIC PLACES IN AND BELONGING TO THE CITY OF COLORADO SPRINGS TO W. S. STRATTON, HIS HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, AND AU- THORIZING THE CONSTRUCTION AND OPERA- TION OF A RAILWAY THEREON,” passed by the City Council of Colorado Springs on March 6, A/D. 1901 ; and its successors and assigns be, and they are hereby granted for a period of twenty-five (25) years from March 6, 1901, the right, privilege and license to erect, construct, and operate by motive power, other than steam locomotive or animal power, and to maintain a single or double track rail- way with all necessary and convenient turn outs and switches in, upon, along and across all or any of those streets, ave- nues, alleys and public places in the City of Colorado Springs, hereinafter set forth. Section 2. The rights, privileges and franchises herein granted shall be enjoyed in pursuance of and subject to the same terms, conditions, provisions and restrictions as are contained in said ordinance of March 6, 1901, except as contained in Sections X, XVII and XIX thereof (the term's of which are not applicable hereto) and all of which, save said sections aforesaid, are to be deemed a part of this ordinance as fully as though incorporated herein. Promded, however, that the provisions of Section XV of said ordi- nance of March 6, A. D. 1901, wherein the said W. S. Strat- ton, his heirs, legal representatives and assignes, agreed to furnish, haul and operate upon his or their lines of street railway in the City of Colorado Springs an electric sprink- 94 STREET RAir.W'AVS. ling car or cars under certain conditions, are hereby ex- tended to the lines of street railway under this ordinance, with the same efifect as though the lines of street railway constructed hereunder had been constructed under and by virtue of the above entitled ordinance of Alarch 6, 1901. Section 3. That the said The Colorado Springs and Interurban Railway Company, its successors and assigns, be and it is hereby authorized, after it shall first have procured and filed with the City Clerk the consent in writing of the owners of more than one-half of the property fronting on any street or avenue hereinafter named, or on that part of said street or avenue along which it proposes to construct its line of railway, to proceed to construct such railway, in, upon, along and across the fol- lowing streets, avenues, alleys and pujDlic places or parts thereof, viz. : Beginning at the intersection of Huerfano street with Nevada avenue, running thence east on Huerfano street to the point where the right of way to The Atchison, Topeka & Santa Fe Railway Company now crosses Huerfano street; also beginning at the intersection of Huerfano street with Wahsatch avenue, running thence north on Wahsatch avenue to the intersection of Wahsatch avenue with Kiowa street; also beginning at the intersection of Wahsatch avenue with Kiowa street and running thence east on Kiowa street to the intersection of Kiowa street with Institute street, thence running north on Institute street to the intersection of Insti- tute street with Boulder street; also beginning at the in- tersection of Boulder street with Institute street, running thence east on Boulder street to the city limits ; also begin- ning at the intersection of Tejon street with Fontanero street, running thence east on Fontanero to -the city limits; also beginning at the intersection of Del Norte street with Weber TE:Ui:('.RAlMI 95 street, running thence north on We 1 )er street to the inter- section of Weber street with Fontanero street. Section 4. That the rights and privileges hereby granted on any street or avenue shall be held to be termi- nated and cancelled if the said The Colorado Springs and Interurban Railway Company, its successors or assigns, shall fail on or before six months from the date of the passage of this ordinance to commence the construction of a railway upon such street or avenue, and on or before eighteen months from the date of the passage of this ordinance to have same fully constructed and in operation on such street or avenue. Section 5. That The Colorado Springs and Interurban Railway Company, its successors and assigns, by the accept- ance hereof, does not waive or relinquish, and shall not be deemed to waive or relinquish any of the rights, privil- eges or franchises which it has acquired, holds, ov>ms and enjoys under said ordinance of March 6, 1901. Section 6. This ordinance shall be in force ‘after its passage and publication as required by the statutes of the State of Colorado. Passed April 5, 1909. TELEGRAPH AN ORDINANCE Granting to The Postal Telegraph Cable Company the Right to Breet and Maintain a Line of Poles and String Wires Thereon in the Pollowing Named Streets and Alleys in the City of Colorado Springs, Colorado. Be It Ordained by the City Council oe the City of Colorado Springs: Section i. That there is hereby granted to The Postal TJCI.ECiRAPlI (/) Telegraph Cable Company the right to erect a line of poles and string wires thereon in the following named streets and alleys in the City of Colorado Springs, Colorado : Commencing at the southeast limits of the city, at the east end of Fountain street, thence along P'ountain street to an alley running north between Tejon street and Cascade avenue, thence north by said alley to Cache La Poudre street, thence east by said street to an alley running north between Nevada Avenue and Weber street, thence north by said alley to northeVn limits of the city, and by some street or alley to be hereafter determined, to office or place of business, for the purpose of enabling said company to carry on its business of telegraphing in the City of Colorado Springs. Section 2. All poles and wires shall be erected so as not to interfere with the public travel or obstruct any street, avenue, alley or crossing, and in such manner as shall be directed by the street and ditch committee, and so as not to interfere with other wires already constructed. And all poles shall be not less thaq thirty feet in height from the surface. Section 3. The City of Colorado Springs reserves the right to string wires on said poles for its fire alarm or police telegraph lines. Section 4. This ordinance shall be in force and take effect after its passage and the acceptance of the same by The Postal Telegraph Cable Company. Passed this fourth day of June, 1890. telegraph 97 AN ORDINANCE Granting to The Postal Telegraph Cable Company the Right to Erect and Maintain a Line of Poles and String Wire Thereon in the Folloztnng Named Streets and Alleys in the City of Colorado Springs, Colorado. Be Ft Ordained by ti-ie City Council of the City op Colorado. Springs : Section i. That there is hereby granted to The Postal Telegraph Cable Company the right to erect a line of poles and string wires thereon in the following named streets and alleys in Colorado Springs, Colorado : Commencing at the east end of alley running east and west betw^een West Huerfano and West Cucharas streets, via said alley west to Seventh street in West Colorado Springs. Thence north via Seventh street to an alley running east and west between Washington and Lincoln avenues, thence west on said alley to the \vestern city limits. Section 2. All poles and wires shall be erected so as not to interfere with the public travel or obstruct any street,' avenue, alley or crossing and in such a manner as shall be directed by the city engineer, street commissioner or com- mittee on streets, alleys, bridges and ditches. Section 3. The City of Colorado Springs, Colorado, reserves the right to string wares on said poles for its fire alarm or police telegraph lines. Section 4. This ordinance shall be in force and take effect after its passage and the acceptance of the same by The Postal Telegraph Cable Company. Passed June 15, 1891. (>s AN ORDINANCE it ranting to the American District Telegraph Messenger Company of Colorado Springs, Colorado, the Right to Tree I Poles and Maintain Lines in the City of Colorado Springs, Colorado. T)!- It ()rdaixki) i!V the City Council of the City of Colorado Srrtnc.s: Section i. That there is hereby "ranted to The Amer- ican District Telegraph Messenger Company the right to erect poles and string wires thereon in the streets and alleys in Colorado Springs, Colorado, for the purpose of establishing a district messenger and private fire alarm system. Section 2. All poles and wires shall be erected so as not to interfere with the public travel or obstruct any street, avenue, alley or crossing and in such a manner as shall be directed by the city engineer, or committee on streets, alleys and ditches. Section 3. The City of Colorado Springs, Colorado, reserves the right to string wires on said poles for its fire alarm or police telegraph lines. Section 4. This ordinance shall be in force and take effect after its passage and the acceptance of the same by The American District Telegraph Messenger Company of Colorado Springs, Colorado. Passed this 7th day of July, 1891. TKLIilMlOM-: 99 TELEPHONE AN ORDINANCE Granting to the Colorado Telephone Company the Right to Lay and Maintain Underground Conduits and Wire Cables, and to Breet Telephone Poles and Wires in the Streets and Alleys of the City of Colorado Springs, State of Colorado. Be It Ordained by the City Council of the City of C oEORADo Springs : Section i. That from and after the date of the passag'e of this ordinance, and for the full and complete period of twenty years, The Colorado Telephone Company, a cor- poration duly organized and existing under the laws of the State of Colorado, shall have, and it is hereby granted, the right, privilege, and license to lay and maintain under- ground conduits, cables and \yires, and to construct the necessary manholes, and make house connections in con- necting therewith, and to erect such poles, wires and fix- tures, and to construct and maintain, or remove, the neces- sary poles to effect the change from aerial to underground wires, and to distribute wires from such underground con- duits in and through the streets and alleys of the City of Colorado Springs, as may be necessary for the operation of a telephone exchange in the said City of Colorado Springs. Section 2. That the right and privilege is hereby granted to The Colorado Telephone Company upon, along or under all streets and alleys and public ways, and to all ex- tensions of the same, for the placing of poles, posts, under- ground conduits, manholes, cables and wires and other nec- essary fixtures for maintaining and operating said telephone lOO TKIvEPllONE exchange and lines connecting therewith. Providing, how- ever, that no pole or poles or other fixtures, shall be placed where the same will interfere with gas lamp, electric light, or water hydrant ; nor shall any such pole or poles, or other fixtures be placed in any streets, except at the outer edge of the sidewalk, or in any alley, except close to the line of the lot abutting on said alley, and these in such man- ner as not to' interfere with vehicles passing through such alley, or with other necessary use of the same. And pro- vided further, that nothing in this ordinance shall be con- strued as granting to the said The Colorado Telephone Company the exclusive right, or to prevent the 'granting of similar privileges to other companies or individuals for like purposes. Section 3. The privilege and license hereby granted, and the construction of the said telephone lines, shall at all times be subject to such police power, reasonable dominion and regulation, as the City Council of the said City of Colorado Springs may, by resolution or ordinance, herein- after provide. And tlte said City Council of said city re- serves to itself the right to require the said Telephone Com- pany, at any time, to elevate or lower the wires connected therewith at any place in the said city, to such height above the surface of the street as it may deem necessary, which right may be exercised by the said City Council by resolu- tion prescribing the height of the lowest wire above the sur- face of the street in any specified locality. Section 4. The said Telephone Company shall, before it enters upon the enjoyment of the franchise and ordi- nance herein granted, execute and deliver to the 'City of Colorado Springs a bond in the penal sum of twenty thou- sand dollars ($20,000.00), with two sureties, to be approved bv the mavor, conditioned that it will properly relay all TmjCPIIONE lOI openinut if said present water main of the party of the first part runs through any other street or avenue of the second party, then the right of way is granted along such other street or alley to maintain said water main, and to lay therein the said new 1 6-inch main, in such parts thereof as shall he designated by the civil engineer of the party of the second part. And it is expressly understood and agreed that the said 1 6-inch water main and the lo-inch water main, when removed, shall be laid along and in such parts of said avenues as shall be designated by the civil engineer of the party of the second part, and the excavations made in laying the same shall be made and protected during the progress of the work, and shall be filled in after said pipes are laid, in accordance with the provisions of the ordinances of the party of the second part as they shall exisxt at the time the said work is done. And the party of the first part shall have the right to make all necessary repairs upon either of said mains and to change any part of the same whenever neces- sary, by reason of wear or otherwise, and to make all nec- essary excavations therefor — all of said work to be done in accordance with the provisions of the ordinances of the party of the second part, if any exist at the time of doing the same. But the party of the first part shall not have the right to lay any additional pipe or main other than the said present main and the proposed 1 6-inch main, nor shall it have, under the right to change and repair said mains, the right to lay any larger pipe or main than the sizes hereinbe- fore mentioned. And it is further covenanted and agreed that all work done in connection with the laying of said pipes, excava- WATER RKUITS OE WAY. 141 tions for the same, and the said repairs or changes, shall he at tlic expense of the party of the first part. And if the party of the second part shall hereafter change the grade of either of said avenues, or any part thereof, or of said alley, the party of the first part shall, at its own expense, sink the necessary trenches below the level of the said new grade, and relay therein its said mains, and that it shall do the same in accordance with the provisions of the ordi- nances of the party of the second part then existing. And the party of the second part shall not be held responsible in any way to the party of the first part for any damages occasioned by such changes of grade or the work done in efifecting the same — so long as the same is carefully and prudently done. And it is further covenanted and agreed that in laying the said 16-inch main, or in removing the said lo-inch' main, as herein provided, no work, shall be done upon or in the said avenues except between the first day of October, 1889, and the first day of March, 1890, and if said pipes are not laid in said period then the laying of the samepnay be complpeted between the first day of October and the last day of December in any one succeeding year ; Provided, however, that if the party of the first part shall be pre- vented by injunction or any other legal process from pros- ecuting the said work within the periods mentioned, it may, within said dates, in any year after such legal obstacles are removed, complete the same; but whatever excavations shall be made during the said periods for the laying of said mains shall be filled in, and the streets made safe and put in as good condition as before disturbed within the period of said dates, all to be done at the expense of the party of the first part. And it is further covenanted and agreed that in laying 142 WATER RIGHTS OR WAY. said i6-iiich main between The Denver & Rio Grande Railroad depot and the junction of Rnxton with Fountain creek within the limits of the party of the second part, the party of the first part will not excavate in length more than 500 feet at any one time, and it will lay its said main therein and fill in the trench and make good the avenue for travel before excavating further than the said last mentioned limits. And the party of the first part does hereby covenant and agree with the party of the second part that it will at once, upon the execution of these articles and the passage of the ordinances by the party of the second part embody- ing the terms of the same, pay to the party of the second part the sum of four thousand dollars ($4,000) in cash. And the party of the first part does further covenant and agree that the party of the second part may keep and main- tain and use the fire plugs now connected with the water system of the party of the first part, and have all the water through the same necessary for fire purposes only, and that »the party of the second part may, at its own expense, attach to the water system of the party of the first part within the limits of the town of Manitou, one or more ad- ditional fire plugs, but not to exceed three, below the ter- minus of the water system of the party of the second part, and to use from the same the water of the party of the first part for fire purposes free of cost to it ; Provided, such water shall be used solely for fire purposes. And the party of the first part does further covenant and agree that it will at all times permit of the water that flows in Rnxton creek, from whatever source, which reaches the bed of the same, and that reaches the dam erected by the first party across Rnxton creek above the Iron Springs, WATER RIGHTS OF WAY. 143 at its present intake of water from said creek, the one- sixth thereof to how over the said dam into the bed of said creek l)elow the said dam for use by the party of the second part ; and that it will not, in any way or for any purpose, divert any of the water above the said dam from the natural bed of said stream except for suppplying the water mains. And if the said first party should hereafter cause or pro- cure water from any other stream, or from lakes, or from any other source than from the said waters of the Ruxton creek to fiow in the channel of the said stream to increase the water supply of the party of the first part, then it shall be optional to the party of the first part either to allow the one-sixth of the combined waters to fiow over said dam for the purposes aforesaid, or to insert in said dam at the same level with its intake pipe a 3-inch iron pipe to lead into the bed of the Ruxton creek below the said dam, and to permit an uninterrupted fiow of water to the full capacity of said pipe from said dam to the bed of said creek below said dam, and in the event the party of the first part shall elect to have inserted the said 3-inch pipe for the purposes aforesaid, then the party of the second part shall have the rig'ht to keep said pipe free from clog or impediment of any kind to the end that the fiow of water through the same may be preserved to its full capacity. And it is further covenanted and agreed that the party of the second part shall without unnecessary delay, take proper legal steps to appropriate for irrigation and other purposes other than household uses from the waters of said Ruxton creek an amount of water as near as may be equal to the said one-sixth of the water that daily, throughout the year, fiows down the same. And that if 144 WATKK RIGHTS OF WAY. the party of the second part shall use due skill and dili- i^ence in making such a])propriation, then the one-sixth of said water, or water through the said 3-inch pipe herein- 1)efore provided for, shall 1)v the party of the first part l)e permitted to tlow across the said dam or through the said pipe for the purposes aforesaid ; but if the party of the second ]:>art shall be guilty of negligence in the making of such appropriation, because whereof any other person, company or corporation shall obtain a better or superior right to the said one-sixth of said water, or any part thereof so as to take the same out above the said dam, then and in that event the party of the first part shall not be required to permit to flow over said dam so much of the said one- sixth of said water as shall equal the amount lawfully diverted from said stream above said dam. lUit it is only in the event of the failure by the party of the second part to use due skill and diligence in making the said appropria- tion that the party of the first part shall be excepted from the obligation to allow the said full one-sixth of said water to How over said dam or through said pipe ; but the party of the first part shall not be responsible in any way to the party of the second part for the water passing over said dam or through said pipe after it passed over or through the same into the bed of said Ruxton creek below' the said dam. And it is further expressly covenanted and agreed that in the event disputes arise as to the quantity of water coming over said dam, or as to the manner in which the flow or the quantity of the same shall be determined and regulated, then and in such event the dispute shall be de- termined as follows : As often as any such dispute arises, each of the parties hereto shall select a non-])rofessional person of good repute to act as arbitrator on its behalf. WATKH RIGHTS Ui' WAY. I45 and in case these two shall not agree, they shall select as a third arbitrator, some disinterested and competent civil engineer, and the determination of any two of these arbi- trators made in writing and signed by them shall be bind- ing upon the parties hereto, and the cost of such arbitration shall be borne equally by these parties. And if the water coming down said Ruxton creek shall, at any time, not be sufficient in quantity to flow over said dam, then an arrangement shall be made by which, at such times, the quantity of water the party of the second part is entitled to shall flow through the said dam or reach the bed of the creek below the dam in some other way ; and in case of dispute under such circumstances, arbitrators shall be chosen as above provided to settle the dispute, and the agreeemnt of any two of said arbitrators in writing shall be binding upon the parties. It is further covenanted and agreed that upon the exe- cution of this agreement, and. the passage of ordinances embodying the same, as herein provided, and the payment of the said sum of four thousand dollars ($4,000) to the party of the second part, the party of the first part may at once excavate across the said alley and Manitou avenue and lay therein its 16-inch main, and connect with its present water system. It is further covenanted and agreed that as soon as this contract is extended by the parties hereto, and ordinances adopted by the party of the first part and the party of the second part embodying the same, the suits respectively commenced by the parties hereto shall be dismissed, each party paying its own costs in said suits. And it is further covenanted and agreed that this con- tract, when executed by the parties hereto, and when the com- WATlvR Kir.IlTS OR WAY. 146 mon councils of said parties shall adopt ordinances embody- ing’ the same, shall revoke all former contracts and agree- ments between the said parties relating to the subject of water and water mains and pipes through the streets of said town of Afanitou. I)i ivitncss whereof, The parties hereto have caused their corporate seals to be affixed, and these presents to be signed by their respective mayors and city clerks the day and year first above written. CITY OF COLORADO SPRINGS, tSeal.) By J. W. Stillman, Mayor. Attest : H. C. McCreery, City Clerk. TOWN OF MANITOL, (Seal.) By Isaac Davis, Mayor. Attest : H. H. Grafton, City Clerk. Section 2. The mayor of this city is hereby authorized and directed to sign said contract on behalf of this city, and the city clerk to attest the same and to affix the corporate seal of this city thereto. Passed August 9, 1889. AN ORDINANCE Adopting a Contrael With the Town of M'anitou, Respecting a Right-of-Way Through the Tozvn of Manitou for the n Piter Pipes of the City of Colorado Springs and Mak- ing Compensation Therefor, and for Other Purposes. Be It Ordained by the City Council or the City oi; Colorado Springs: Section i. That the following contract by and between the Town of Manitou and the City of Colorado Springs WATER RIGHTS OE WAY. 147 be and the same is hereby adopted, authorized, made and entered into, and the terms thereof shall he and are hereby made binding upon the City of Colorado Springs from and after the lawful passage of a like ordinance by the town of Maniton, viz: CONTRACT. These Articles of Agreement, made and entered into in duplicate, this 10th day of January, A. D. 1906, by and between the town of Alanitou, a municipal corporation of the State of Colorado, party of the first part, and the City of Colorado Springs, also a municipal corporation of the State of Colorado, party of the second part : Witnesseth, That, for and in consideration of the sum of twenty thousand dollars ($20,000) to be paid to the party of the first part by the party of the second part, and for the further consideration of the covenants, promises and agree- ments herein contained, said parties do hereby covenant, contract, promise and agree with each other as follows, to- wit : First. The party of the first part covenants, con- tracts and agrees with the party of the second part that the party of the second part shall have, and is hereby granted, a perpetual right of way through Manitou and Ruxton ave- nues, public streets within the corporate limits of the party of the first part, commenc,ng at the eastern boundary of the party of the first part and extending west in, along and through said avenues to the Pike’s Peak Hydro-Electric Company’s plant situate on said Ruxton avenue and to the settler in Manitou owned by the party of the second part, to lay, maintain and operate in said avenues a twenty-four- inch pipe line or water main in addition to the ten and six- teen-inch pipe lines or water mains of the party of the 148 WATER RIGHTS OE WAY. second jiart now in said avenues, for the purpose of con- ducting; water to such parts of the water system of the party of the second part, outside of the corporate limits of the party of the first part, as it shall desire. Second, ft is mutually covenanted and agreed between the jiarties hereto that the said twenty-four-inch pipe line or water main, when laid, shall be laid in, along and through such parts of said avenue as shall be designated by the civil engineer of the party of the first part, and the excavations made in laying the same shall be protected during the ])rogress of the work and shall be filled in after said pipe line or water main is laid in accordance with the provisions of the general ordinances of the party of the first part reg- ulating street excavations as they shall exist at the time when the work is done. Third. It is further mutually covenanted and .agreed between the parties hereto that the party of the second part shall have the right, at any time, to make all necessary repairs upon said twenty- four-inch pipe line or water main, and it may change any part of the same whenever necessary hy reason of wear or otherwise, and make all necessary excavations therefor, in accordance with the provisions of the said general ordinances of the party of the first part, if any exist at the time of doing the same. Fourth. It is further mutually covenanted and agreed between the parties hereto that the party of the second part, under its right to change and repair said twenty-four-inch pipe line or water main, shall not have the right to lay any larger pipe line or water main than the size hereinbefore mentioned. Fifth. It is further mutually covenanted and agreed between the ])arties hereto that the party of the second part .WATKR R I (HITS ()!• WAY. 149 sliall not have the right to lay any other or additional pipe line or water main in the streets, avenues and alleys of the partv of the first part, other than the said twenty-four-inch pipe line or water main, except as hereinafter provided. Sixth. It is further mutually covenanted and agreed between the parties hereto that all work done in connection with laying said twenty-four-inch pipe line or water main, the excavations for the same and the saicf repairs or changes shall be done at the expense of the party of the second part. Seventh. It is further mutually covenanted and agreed between the parties hereto that if the party of the first part shall hereafter change the grade of either of said avenues, so as to expose said pipe line or water main, or leave said pipe line or water main dangerously near to the surface, the party of the second part shall, at its own expense, sink the necessary trenches below the level of said new grade and relay therein said pipe line or water main and that it shall do the same in accordance with the provisions of said general ordi- nances of the party of the first part then existing. Eighth. It is further mutually covenanted and agreed between the parties hereto that the party of the first part shall not be held responsible in any way to the party of the second part for any damage occasioned by such changes of grade or the work done in effecting the same, so long as the same is carefully and prudently done. Ninth. It is further mutually covenanted and agreed between the parties hereto that in laying the said twenty- four-inch pipe line or water main, as herein provided, no work shall be done upon or in said avenues, except as fol- lows, to-wit : Said party of the second part shall have the right to begin excavations for said twenty- four-inch pipe line or water main trench forthwith, and may continue the WATER RIGHTS OE WAY. 150 excavations of said trench and the laying of said pipe line or water main at any time before May ist, 1906, and from the Denver & Rio Grande depot to the eastern boundary of the party of the first part, said party of the second part may have additional time until June 1st, 1906, and if the said pipe line or water main is not laid in said period, then said excavations and the laying of said pipe line or water main may be continued and completed at any time thereafter, except between the first days of April and October of any year, but whatever excavations shall be made during said periods for laying said pipe line or water main shall be filled in and said avenues be made safe and put in as good condi- tion as before disturbed, within the period of said dates. ' All to be done at the expense of the party of the second part. Tenth. It is further mutually covenanted and agreed between the parties hereto that in laying the said twenty- four-inch 'pipe line or water main in said avenues, between the west side of The' Denver & Rio Grande depot and the Ifike’s Peak Hydro-Electric Company's plant situate ‘on Ruxton avenue within the corporate limits of the party of the first part, the party of the second part shall not leave excavations open at any one time more than one thousand feet in length and shall fill in the trench and make good said avenues for travel, and during the period of one year thereafter shall well and promptly repair any settling of the earth in said trench resulting in any depression in said ave- nues. Eleventh. It is further mutually covenanted and agreed between the parties hereto that in the laying of said twenty- four-inch pipe line or water main in said avenues the party of the second part will not unnecessarily hinder or delay travel at any street crossing or crossings intersecting said avenues, or damage any sewer pipes or water mains now laid WATliR RIGHTS OF WAV. I5I ill said avenues and belonging to the party of the first part. Twelfth. It is further mutually covenanted and agreed between the parties hereto that the party of the second part will lay said twenty-four-inch pipe line or water main at such depth that the upper side of said pipe line or water main, when laid, shall not be less than four and one-half feet below the surface of said avenues except along that portion of INIanitou avenue lying between its intersections with Osage and Ruxton avenues, where the depth shall be regulated by the engineers of both parties, so as not to inter- fere with the flow of the mineral springs of The Manitou Mineral Water Company. Thirteenth. It is further mutually, covenanted and agreed between the parties hereto that the party of the second part will furnish to the party of the first part a profile map showing the exact position of said twenty- four-inch pipe line or water main, and the substitute pipe line or water main to be laid in said avenues. Fourteenth. It is further^ mutually covenanted and agreed between the parties hereto that the party of the second part will hold the party of the first part free from all responsibility or damages of whatever kind and nature that may be incurred by laying or operating said pipe line or water main in said avenues by said party of the second part. Fifteenth. It is further mutually covenanted and agreed between the parties hereto that the payment of said agreed consideration of twenty thousand dollars ($20,000) shall be made by the party of the second part to the party of the first part forthwith upon the execution of these articles and the due passage, approval and publication of ordinances em- bodying the same by the parties hereto, respectively. W'ATKR RIGHTS OR WAY. Sixteenth. Lt is further mutually covenanted and aj^reed l:)etween the parties hereto that as soon as this contract is executed l)v the parties hereto and ordinances duly passed, a])proved and published by the party of the first part and the party of the second part, respectively, embodying the same, the suits respectively commenced by the parties hereto, one of which is now pending in the District Court of El Paso County, State of Colorado, and the other now pending in the Supreme Court of Colorado, shall be dismissed, each party paying its own costs in said suits. Seventeenth. It is further mutually covenanted and agreed between the parties hereto that the party of the sec- ond part is hereby accorded the perpetual right to lay, con- struct, maintain, repair and use in, along and through said Manitou and Ruxton avenues, public streets within the cor- porate limits of the party of the first part, an additional pipe line or water main not exceeding twenty-four inches in diam- eter in lieu of either its ten-inch or its sixteen-inch pipe line or water main, and as a sbstitute therefor. The said substitute pipe line or water main shall, as nearly as possible, be laid alongside of the twenty- four-inch pipe line or water main of the party of the second part, and all excavations and work done in laying said substitute pipe line or water main, and the operation of the same, shall be done in accordance with the terms of this contract as provided for the laying and operation of said twenty-four-inch pipe line or water main. Eighteenth. It is further mutually covenanted and agreed between the parties hereto that in the event that the party of the second part shall substitute said additional pipe line or water main for either its ten-inch or sixteen-inch pipe line or water main now in said avenues, said party of the second part shall, at its option, remove said substituted ten- WATER RIGHTS OE WAY. 153 inch or sixteen-inch pipe line or water main from said ave- nues and put said avenues in as good condition for travel as before the same were disturbed, or shall, by proper in- strument of conveyance, give such portions of said substi- tuted ten-inch or sixteen-inch pipe line or water main as may then be left in said avenues to the party of the first part. Nineteenth. It is further mutually covenanted and agreed between the parties hereto that in the event that the party of the second part shall substitute said additional pipe line or water main for either its ten-inch or sixteen-inch pipe line or water main, said party of the second part shall keep and maintain on the new substitute water main or pipe line, or on its twenty-four-inch pipe line or water main, all fire plugs within said corporate limits now connected with the water system of the party of the second part, and the party of the first part shall have water through said plugs as and when necessary for fire purposes only. The party of the first part may, at its own expense, but under the direction of the water superintendent of the party of the second part, attach to the water system of the party of the second part within said corporate limits of the party of the first part, not to exceed three additional fire plugs and use from said plugs the water of the party of the second part, as and when nec- essary for fire purposes only, free of cost to it. Twentieth. It is further mutually covenanted and agreed between the parties hereto that the entering into and the execution of this contract by the said parties hereto shall in no manner change, modify or nullify any of the pro- visions of the contract entered into by the parties hereto on the 9th day of August, 1889, except as such provisions of said contract are expressly, or by necessary implication, changed or modified by the terms of this contract. In Witness Whereof, The parties hereto have caused i54 \vatl:r rights of way. their corporate names to be hereunto subscribed by their mayors and their corporate seals to be affixed hereto by their clerks, respectively, the day and year first above written. THE TOWN OF MANITOU, Signed: By Edw. E. Nichols, Jr., Mayor. Attest: By Mary j. Grant, Clerk. (Seal.) THE CITY OF COLORADO SPRINGS, By Henry C. Hall, Mayor. Attest : By K. M. MacMillan, Clerk. ■ (Seal.) Passed' March 21, 1906. ‘ " A. M. HOLDEN, President of the City Council. Attest : K. M. MacMillan, City Clerk. Approved IMarch 21st, 1906. HENRY C. HALL, Mayor. AN ORDINANCE 'I'o Authori::e the Extension and Construction of the Ruxton Creek Pipe Line for the City of Colorado Springs, Colo- rado. Be It Ordained by the City Council of the City of Colorado Springs: Section i. That the Ruxton creek pipe line of the City of Colorado Springs, Colorado, as the same is located by a preliminary survey made by the city engineer be opened, extended, built and constructed as follows : WATER RIGHTS OF WAY. 1 55 liei^inning at a point situated in the southwest quarter (S. W, (jr.) of tlie southwest quarter (S. W. qr.) of sec- tion eleven (11) tp. 14 S. r. 68 W. of the 6th P. M. which point is on the east boundary line of the right of way of the Manitou and Pike’s Peak Railway, twenty-five feet from and at right angles to station 323-59 of said railway survey as 'constructed, which point is also 16.5 feet from and at right angles to station 33-51 of the Colorado Springs Rux- ton creek pipe line and running thence south 5 deg. 06 min. east 176 feet to a point on the easterly or right bank of East Ruxtbn (sometimes called South Ruxton) creek; thence in a southerly and westerly direction along the easterly or right bank of said creek; and following the meanderings thereof as nearly as practicable a distance of about 800 feet to a point about 75 feet south of the south line’ of present constructed corral; also a tract of land 75 feet square to be used in connection with said pipe line for an intake, said land being located at the point last mentioned above. Also : Beginning at a point situated in the northeast quarter of the southwest quarter of section eleven (ii) tp. 14 S. r. 69 W. of the 6th P. M. which point is on the north- westerly boundary line of the Manitou and Pike’s Peak Rail- way right of way, at right angles to and twenty-five (25) feet distant from station 334-64 of said railway survey as constructed (which point is also to right angles to and 14.5 feet distant from station 44-74 of the Colorado Springs Ruxton creek pipe line survey) and running thence in a northerly and westerly direction along the north or left bank of a stream tributary to Ruxton creek, following the meanderings of said stream as nearly as practicable a dis- tance of about 200 feet to the point of termination ; also a tract of land 75 feet square to be used in connection with W ATKR RIC,I1TS OF WAV. ' 5 <^> said pipe line, for an intake, said tract being located at the terminal point last above mentioned. Section 2 . In case the City of Colorado Springs can- not agree with the owners of the land and real estate above mentioned and over which said extension of said pipe line passes, as to the damage and cost of the property necessary to be taken and used for said extension and construction then it shall be the duty of the city attorney of Colorado Springs, and he is hereby authorized to institute and prose- cute any and all such suits and proceedings in the proper court or courts necessary for the purpose of condemning the lands and real estate required to be taken and used, or to be taken or used in the opening, extending, building and con- structing of said Ruxton creek pipe line. Passed September 23rd, 1895. AN ORDINANCE To Authorize the Construction, Maintenance and Operation of the Manitou High Line Reservoir Pipe Line or Flume, and All Legal Proceedings to Secure Right of I Pay Therefor from the Manitou Settler Located in the Southeast Quarter of the Southwest Quarter of Sec- tion Six (6), Tozvnship Fourteen (14) South of Range Sixty-seven (67) West of the 6th P. M. in the County of Bl Paso and State of Colorado, Thence Along and Through Certain Streets and Avenues of the Incorpo- rated Tozvn of Manitou in the State of Colorado, to the Easterly Boundary of Said Tozm, Thence to the WATER RIGHTS OF WAY. 157 High Line Reservoir Located in the Northeast Quar-' ter of the Southwest Quarter of Section Thirty-five (35), Tozmship Thirteen (13) South, Range SLvty- seven (67) West of the 6th P. M., in the County of Bl Paso and State of Colorado, and thence Easterly to Connect zvith the Present Water-Works System of the City of Colorado Springs at Madison and Tejon Streets in said City, for the Purpose of Supplying Water to the City of Colorado Springs and the Inhabitants Thereof for Domestic and Other Uses. Be It Ordained by the City Council of the City of Colorado Springs: Section i. That the safety, convenience, public health and general welfare of the City of Colorado Springs and the uihabitants thereof, require and demand that the capacity of the water-works system now owned and operated by the City of Colorado Springs, and the water supply of the City of Colorado Springs, be greatly increased, and that the pipe line or flume hereinafter in this ordinance described be forthwith constructed and put into operation for the pur- pose of providing the City of Colorado Springs and the cit- izens and inhabitants thereof wdth a sufficient amount of water to supply the existing an'd increasing demands for water for fire, irrigating, domestic and other purposes in the City of Colorado Springs, and that the route of the said pipe line or flume hereinafter described is the only practica- ble, feasible or possible route by which water can be con- ducted or supplied to the City of Colorado Springs and the inhabitants thereof. Section 2. That the Manitou High Line Reservoir Pipe Line or Flume, of the City of Colorado Springs, Colo- rado, as located by the survey made by the city engineer of 1 5^ WATER RIGHTS OF WAY. the City of Colorado Springs and shown upon the maps and profiles on file in the office of the city clerk of the City of Colorado Springs, be built and constructed forthwith, and thereafter maintained and operated as a part of the water- works system of the City of Colorado Springs, to supply water to the City of Colorado Springs and the citizens and inhabitants thereof for fire, irrigating, domestic and other uses, said pipe line or flume, to be built and constructed commencing at the Manitou settler being a part of the water-works system of the City of Colorado Springs and located in the Southeast quarter of the Southwest quarter of section six (6), township fourteen (14) south, range sixty-seven (67) west of the 6th P. M. in the county of El Paso and State of Colorado, and commencing at a point at the said Manitou settler whence the quarter corner on the south boundary line of said section six (6), township fourteen (14) south, range sixty-seven (67) west of the 6th P. M. bears south 36 degrees 56 minutes east 555.7 feet, thence easterly to intersect the northwest line of Fairview street, a public street in the incorporated town of Manitou in the said County of El Paso, thence in, along and through said Fairview street to its intersection with Ruxton avenue, a public street in the said Town of Manitou, thence in, along and through said Ruxton avenue to its intersection with Manitou avenue, a public street in the said Town of Man- itou, thence in, along and through said Manitou avenue 'to the north and south center line of section four (4), town- ship fourteen (14) south, range sixty-seven (67) west of the 6th P. M. in said El Paso County, the same being the easterly boundary line of the platted portion of the Town of Manitou, thence in, along and through the county road, the same connecting with the said Manitou avenue, to the east line of section four (4), township fourteen (14) south, range sixty-seven (67) west of the 6th P. M., which line W'ATl'R RIGHTS OF WAN'. 159 is the east boundary line of the incorporated town of Man- iton ; thence continuing- in, along and through said county road in an easterly direction to Pearl street in Arensdale, in the said County of El Paso, thence in, along and through said Pearl street to its northern limits, thence in a north- easterly direction to the high water line of the High Line reservoir located in the northeast quarter of the southwest quarter of section thirty-five (35), township thirteen (13) south, range sixty-seven (67) west of the 6th P. M. in the said County of El Paso, thence in a general easterly direction from said High Line reservoir to connect with the present water-works system of the City of Colorado Springs. SECTION 3. That the said Manitou High Line Reser- voir Pipe Line or Plume, when bmlt and constructed, be maintained and operated as a part and parcel of the water- works system of the City of Colorado Springs in supplying water to the City of Colorado Springs and the citizens and inhabitants thereof. Section 4. That the city attorney of the City of Colo- rado Springs be and he is hereby authorized and directed to institute an^ prosecute any and all actions and proceedings, including condemnation proceedings in any court or courts of competent jurisdiction, which may be necessary or requi- site to secure the right to build, construct, maintain and oper- ate the said Manitou-High Line Reservoir Pipe Line or Flume, and the right of way therefor, along the route and through the streets and avenues described and specified in section 2 of this ordinance, and also to institute and prose- cute any and all actions or proceedings which may be neces- sary, requisite or incidental to carry into effect the provisions of this ordinance. Section 5. That this ordinance shall take effect and be in force from and after its passage and publication as re- quired by law. Passed July 5, 1904. i6o PARKS. AN ORDINANCE Acccptin<^ Certain Lands Given to the City of Colorado Spriiii^s for the Purposes of Public Parks, Pleasure Grounds, Boidevards, Parkzvays, Avenues, Driveways and Roods. Whereas, General William J. Palmer has presented deeds conveying to the City of Colorado Springs, Colorado, an elaborate system of parks, boulevards and roadways, which have been in course of construction by him for the past four years, and has agreed to contribute largely toward the maintenance of this system for future years ; and Whereas, These splendid gifts will contribute to the material advancement of this city and to the comfort and pleasure of the citizens thereof for all time : Pn It Ordained by the City Council oe the City of Colorado Springs : Section i. That the lands given to the City of Colo- rado Springs by William J. Palmer, for the purposes of public parks, pleasure grounds, boulevards, parkways, ave- nues, driveways and roads, as set out and described in the deed dated March 29th, A. D. 1907, from William J. Palmer to the City of Colorado Springs ; and that the lands conveyed to the City of Colorado Springs for the same purposes, as set out and described in the deed from William F. Slocum, D. B. Fairley, Philip B. Stewart, J. R. Robinson, D. V. Donaldson, Horace G. Lunt, Louis R. Ehrich and Henry McAllister, Jr., Trustees, to the city of Colorado Springs, dated the 7th day of March, A. D. 1907, be and they hereby are accepted by the City of Colorado Springs for such pur- poses. Passecl June 17, 1907. PARKS. i6t \ AN ORDINANCE Accef^tiii^^ Laud Given to the City of Colorado Springs for the Purposes of a Public Park. Whereas, Henry LeB. Wills, Henry C. Hall and David Donaldson, as Trustee under a certain indenture from Robert F. Perkins, Alice Perkins Hooper, Edith Perkins Cunningham, Margaret Perkins Rice, Mary Russell Perkins and Charles E. Perkins, dated the i8th day of November, 1908, have tendered a deed conveying to the City of Colorado Springs, Colorado, all of the following described lots, pieces or parcels of land situated, lying and being in the County of El Paso, State of Colorado, to-wit : The west one-half ( 34 ) of section thirty-four (34) and the east one-half (34) of the east one-half (^) of section thirty-three (33) all in town- ship thirteen {13), range sixty-seven (67) west of the sixth Principal Aleridian, upon the terms and conditions in said deed and hereinafter set forth ; and Whereas, This munificent gift perpetuates the policy and fulfills the wish of the late Charles E. Perkins that the marvel of nature, known throughout the world as the “Garden of the Gods,” shall for all time be open to the public for recreation and enjoyment as a free public park, and its acceptance will materially contribute to the benefit and advantage of this city and its inhabitants ; Be It Ordained by the City Council of the City of Colorado Springs: Section i. That the lands given to the City of Colo- rado Springs by Robert F. Perkins, Alice Perkins Plooper, Edith Perkins Cunningham, ]^Iargaret Perkins Rice, ^[ary Russell Perkins and Charles E. Perkins for the purpose of a public park as set out in the deed from Henry LeB. \Vills, Henry C. Hall and David Ak Donaldson, as Trustees, to 11 PARKS. i(r2 the City of Colorado Sprino's, dated the tenth day of Decem- l)er, HJ09, he and the same hereby are accepted by the City of Colorado Springs for such purposes upon the following obligatory conditions, to-wit : First. Intoxicating liquors shall never be manufactured, sold or otherwise disposed of as a beverage upon said prem- ises or any part therof, or upon any road or highway through or upon the same. Second. The said Robert F. Perkins, Alice Perkins Hooper, Edith Perkins Cunningham, Margaret Perkins Rice, Mary Russell Perkins and Charles E. Perkins shall have the right to erect at a place which they may select a suitable tablet or inscription stating in substance by whom and for what purpose the land is given, which tablet or inscription after its original placing by said Robert F. Perkins, Alice Perkins Hooper, Edith Perkins Cunningham, Margaret Perkins Rice, Mary Russell Perkins and Charles E. Perkins shall be preserved and maintained by the City of Colorado Springs. Third. Said premises shall be continuously and forever known and designated as the ‘‘Garden of the Gods,” and shall be used by the general public as a public park forever, and maintained as such by the City of Colorado Springs, its successors or assigns, for the benefit and advantage of the inhabitants of said City of Colorado Springs. Fourth. No building or structure shall be erected on said premises for purposes other than may be necessary to properly care for, protect and maintain the same as a public park, nor upon any road or highway through or upon the same. Fifth. In case any of the limitations or conditions here declared obligatory are broken by the City of Colorado Springs, its successors or assigns, then said conveyance from said Henry EeT>. Wills, Henry C. Hall and David V. Don- COUNTY COURT HOUSE. 163 aklson, as Trustees, to the City of Colorado Springs, shall become null and void, and all the right, title and interest in and to said premises thereby conveyed shall at once revert to Robert F. Perkins, Alice Perkins Hooper, Edith Perkins Cunningham, Margaret Perkins Rice, Mary Russell Perkins and Charles E. Perkins, their heirs and assigns. Sixth. The City of Colorado Springs shall continuously and forever maintain public entrances to said premises at or near the places where the road, known as the County road, now crosses the south and east boundaries, respect- ively, of said premises, as also a suitable and convenient roadway through said premises from one entrance to the other. Section 2. This ordinance shall be in force from and after its passage and publication as required by law. Passed December 22, 1909. AN ORDINANCE To Provide for the Relinquishing of All Rights in and to Block One Hundred and Tzvelve, in the City of Colo- rado Springs, County of Bl Paso and State of Colorado, to the County of Bl Paso, Upon Certain Terms and Conditions, That the Same May Be used as a Site for a Court House for the Said County. 1)E It Ordained by the City Councie oe the City oe C oEORADo Springs : Section i. Whereas, The Colorado Springs Company, a corporation, filed in the office of the clerk and recorder of El Paso County, Colorado, a plat of the original town of Colorado Springs, and reserved blocks sixty-two (62) and one hundred and twelve (112) for public buildings, com- pany buildings and parks ; and Whereas, The County of El Paso, in the State of Colo- rado, is about to erect a court house for said county; 164 COUNTY COURT HOUSE. Now, Therefore, The City of Colorado Springs does hereby relinquish all its right or rights, in and control over said block numbered one hundred and twelve (112) in favor of the said County of El Paso, for the purpose of permitting the said County of El Paso to erect a court house upon said block of ground for said county; the city reserving the right to enter in and upon the ground for maintaining its sewer and water systems ; and the expense to be borne by the County of El Paso for making any necessary change upon said ground. Provided, however, that only so much of said block shall be used, by the said County of El Paso, as may be nec- essary for the purpose of erecting thereon a court house consisting of one building, and for necessary paths and road- way for ingress to said court house and egress therefrom ; and that all of the residue and remainder of the said block, numbered one hundred and twelve (112), not so used as above stated, for the erection thereon of said court house, shall be appropriately kept, properly planted and maintained as a public park, at the expense of the said County of El Paso, and the same shall remain a public park forever. Provided, further, that if the said block of ground, or any part of it, shall at any time be used otherwise tha*n for the purpose of building and maintaining a court house thereon, unless it be for the future enlargement of said court house, then, and in that case, all the rights and interests of the City of Colorado Springs in and to said block of ground hereby granted to the said County of El Paso, shall immedi- ately revert to, and become the property, rights and interest of the said City of Colorado Springs, as the same existed immediately prior to the passage of this ordinance ; and. Provided, further, that, if the said County of El Paso CITY ADDITIONS. 165 shall fail or neglect to maintain said grounds in a suitable condition for park purposes, as hereinbefore set forth, then, and in that case, the said county shall pay to the said City of Colorado Springs, each and every year such failure or neglect shall continue, the sum of five thousand dollars ($5,000.00), which said sum shall be used and applied by the said City of Colorado Springs for the purpose of main- taining said block of ground for park purposes, and any surplus remaining of the said five thousand dollars, after making necessary expenditures upon said block of ground, shall be applied to the proper fund of the City of Colorado Springs to be used for the maintenance of the parks of said city. Section 2. The mayor of the City of Colorado Springs is hereby appointed as a commissioner to carry out the provi- sions of this ordinance, and to execute all conveyances nec- essary or proper in carrying out the provisions of this ordi- nance. All such contracts, agreements and conveyances shall be attested by the city clerk of the City of Colorado Springs, under the corporate seal of said city. Section 3. This ordinance shall take effect and be in force from and after its passage and publication, as is pro- vided by law and ordinance. Passed April 3rd, 1899. CITY ADDITIONS. Abstracts of Ordinances for Annexation of Territory to City. No. 618. (LA VERGNE.) An ordinance annexing to the city of Colorado Springs the southeast quarter of i66 CITY ADDITIONS. the southeast quarter of section 1 1 and the northeast quarter of the northeast quarter of section 14, township 14 south, of ranine 67 west, known and described as La Vergne, in the County of El i’aso and State of Colorado. Passed Nov. 3, 1902: Declares the above described lands annexed to and made a part of the city. No. 620. (HOBBS’ ADDITION.) An ordinance an- nexing to the City of Colorado Springs that certain part of the northeast ' quarter of section 14 and the southeast quarter of section 12, township 14 south, of range 67 west, known and designated as Hobbs’ Addition in the County of El Paso and State of Colorado. Passed Feb. 16, 1903 : Declares “That the premises above described, to-wit, that certain part of the northeast quarter of section 14 and the southeast quarter of section 12, township 14 south, of range 67 west, known and described as Hobbs’ Addition, in the County of El Paso and State of Colorado, adjoining to said City of Colorado Springs, be and they are hereby declared annexed and they are hereby annexed to the City of Colorado Springs and are hereby made a part of said city, and they are hereby annexed to and made a part of WHrd No. 7 of said city.” No. 686. ( PART OF SHELDON ADDITION.) An ordinance annexing to the City of Colorado Springs a tract of land lying and being in the southeast quarter of section II, township 14 south, of range 67 west of the 6th P. M., described as follows, to-wit : Blocks A, B and C of Sheldon Addition as the same appears as platted according to the map or plat accepted by the city council of the City of Colo- rado Springs at an adjourned liieeting held on the 3rd dav of January, A. D. 1905. Said plat now being- on file in the CITY ADDITIONS. 167 office of the county clerk and recorder of El Paso County, Colorado, excepting and reserving from said described tract a certain portion thereof. Passed Mar. 6, 1905 : Declares Pdocks A, B and C annexed to city, ‘‘except- ing and reserving from said described tract all that portion described as follows” : Beginning at a point at the inter- section of the east line of Sheldon avenue and the north boundary line of the SW^; SE^ of section ii, T. 14 S., R. 67 W., from whence the N. E. corner of Colorado avenue and Sheldon avenue bears south 37 degrees 25 minutes W. 20 . 7 feet ; thence east along said boundary line of the SWEi SEEt section ii 137.9 thence north o degrees 10 minutes east 208.93 feet along the east boundary line of the NWEt SEEt of section ii to its intersection with the east boundary line of Sheldon avenue; thence south 37 de- grees 25 minutes west along the east line of Sheldon avenue to the place of beginning. No. 745. (HASTINGS’ SIXTH ADDITION.) An ordinance annexing to the City of Colorado Springs a tract of land known as Hastings’ Sixth Addition as platted into blocks, streets and alleys and recorded in book K, page 53 records of the county clerk and recorder, El Paso County, Colorado. Passed Jan. 6, 1908: Describes the tract by metes and bounds. No. 876. (PROSPECT LAKE ACRES ADDI- TION.) An ordinance annexing Prospect Take Acres Ad- dition to the City of Colorado Springs. Passed Aug. 14, 1912 ; Describes the tract by metes and bounds. HASTINGS NINTH ADDITION. Accepted by the City , of Colorado Springs by motion of council, March 18, 1910. Record 12, page 196. STREIvT EXTENSIONS AND OPENINGS. 168 PROSI‘l-XT LAKE ADDITION. Accepted by the City of Colorado Springs by resolution No. 578, adopted IMar. 8, 1911. Record 12, page 455. LAKE FRONT ADDITION. Accepted by the City of Colorado Springs by resolution No. 683, adopted June 28, 1912. Record 13, page 326. THE THEODORE F. THOMAS ADDITION. Ac^ cepted by the City of Colorado Springs by resolution No. 716, adopted November 27, 1912. Record 13, page 431. STREET EXTENSIONS AND OPENINGS. Abstracts of Ordinances Extending and Opening Streets and Avenues. No. 419. (EAST PIKE’S PEAK AVENUE.) An ordinance to authorize the opening of West Pike’s Peak avenue to connect with Washington avenue. Passed Aug. 7. 1893: Opens and extends W. Pike’s Peak avenue from its then western terminus across a part of NWj^NEji Sec. 13, T. 14 S., R. 67 W., “So as to connect said West Pike’s Peak avenue with Washington avenue in this city, so that said West Pike’s Peak avenue with Washington avenue shall form a continuous street and thoroughfare.” No. 709. (FONTANERO, CARAMILLO AND SAN MIGUEL STREETS.) An ordinance extending certain streets over and across the right of way of the Atchison, Topeka and Santa Fe Railway Company. Passed May 14, 1906: STRIiET VACATIONS. 169 Opens 100 feet wide on Fontanero street, 50 feet wide on Caraniillo street, and 100 feet wide on San Miguel street, across the A., T. & S. F. right of way. No. 781. (HUERFANO AND INSTITUTE STREETS.) An ordinance to provide for the extending and opening of Huerfano street from Prospect street on the west to Hancock street on the east, and Institute street from Pike’s Peak avenue on the north to Cucharras street on the south. Passed Oct. 27, 1909. No. 820. (ESPANOLA STREET.) An ordinance to provide for the extending and opening of Espanola street from the east line of Weber street to the west line of Wah- satch avenue. Passed Aug. 3, 1910. No. 867. (CORONA STREET.) An ordinance ex- tending and opening Corona street from San Miguel street to Buena Ventura street. Passed June 26, 1912: Opens Corona street a full width of 100 feet from the north line of San Miguel street to the south line of Buena Ventura street. STREET VACATIONS. Abstracts of Ordinances Vacating Streets and Avenues. No. 241. (WILLOW PARK. NOW MONUMENT PARK.) An ordinance vacating portions of certain streets between the bluffs west of Cascade avenue and the Denver and Rio Grande railroad. Passed July 12, 1886: \^acates “all of Sierra Madre avenue lying between Monument creek at the intersection of the southwest corner lyo street vacations. of block A I and the southeast corner of block O; all of Alamosa avenue lying south of ATonument creek at the in- tersection of the northwest corner of block F ; all of Willow lane; all of Houkler Place street west of Alonument creek, and all of West St. Vrain street lying west of Monument creek,” for purposes of a park. No. 280. (MORENO AVENUE.) An ordinance vacating forty feet of the south side of Moreno avenue. Passed Oct. 3, 1887: A'acates ”a strip extending from the south side line of said avenue north in said avenue forty feet and for the entire length of said avenue so said avenue shall hereafter he and remain one hundred feet in width.” No. 281. (ALLEYS AND STREETS NAMED.) An ordinance to vacate portions of the following streets and alleys to the Denver & Santa Fe Railway Company. Passed Oct. 17, 1887: VMcates Rio Grande street, between east line of Wah- satch avenue and Shook’s run. VAcates Vermijo street (extended), between a point 300 feet east of the east line of Wahsatch avenue and the east line of block No. 249, Addition No. i. Wcates Cucharras street, between a point 150 feet east of the east line of Corona street and Shook’s run. Vacates alley in block No. 246, Addition No. i, from west end of said block, easterly 350 feet. Vacates alley in block No. 245, Addition No. i, from a point 200 feet east of the west line of the block, extended, easterly 350 feet. Vacates Bijou street, between west line of El Paso street and a point 80 feet west therefrom. street \ acations. I7I No. 307. (WEST VERMIJO AVENUE, IN PAR- RISH’S ADDITION.) An ordinance to vacate portions of certain streets and alleys in Parrish’s Addition to the City of Colorado Springs. Passed May 20, 1889: A^acates “all that portion of West Vermijo avenue, com- mencing on the east line of Chestnut street and running east two hundred feet,” also vacating portions of alleys in blocks 7 and 8. • No. 338. (CASCADE AVENUE AND PARK PLACE.) An ordinance to vacate portions of Cascade ave- nue and North and South Park place in the City of Colorado Springs for the benefit of the Colorado Springs Hotel Com- pany. Passed Mar. 10, 1890: Describes vacated tracts by metes and bounds. No. 485. (SIERRA MADRE AND BOULDER CRESCENT.) An ordinance vacating a portion of Sieerra Madre street and Boulder crescent in the City of Colorado Springs, Colorado. Passed Sept. 24, 1896: There is no record of this ordinance. Its title and a minute of its passage are found in council record book 6, page 67. The original draft or a copy of it do not appear to be on file. No. 488. (SIERRA MADRE AND BOULDER CRESCENT.) An ordinance vacating a portion of Sierra Madre street and Boulder crescent in the city of Colorado Springs, Colorado. Passed Feb. i, 1897: Portion vacated is described by metes and bounds. No. 537. (SOUTH PARK PLACE AND SAH- WATCH.) An ordinance vacating certain portions of streets in the City of Colorado Springs. Passed Apr. 5, 1899. 172 street vacations. Vacates South Park place, extending from Cascade avenue to Sierra Madre street ; also that part of Sahwatch street between South Park place on the north and the first alley on the south. No. 576. (MESA ROAD.) An ordinance vacating part of a street. Passed Mar. 6, 1901 : V acates that part of Mesa road described as follows : beginning at a point 361.8 feet south and 33 feet west of a stone marking the center of the SE^ NE^ section 12, T. 14 S., R. 67 W., thence N. 88 degrees 49 minutes W. 342.7 feet to a point; thence N. 58 degrees 20 minutes W. 6.2 feet to a point; thence N. 86 degrees 40 minutes E. 348.5 feet to a point ; thence S. 30.6 feet to the place of beginning. No. 578. (CORONA STREET.) An ordinance vacating certain portions of Corona street between the south line of Platte avenue and the north line of Bijou street. Passed Mar. 25, 1901 : Vacates a portion of the east fifteen feet of Corona street between Platte avenue and Bijou street. No. 580. (PINE street.) An ordinance vacating portions of Pine street between the north line of Bijou street and the south line of Sherman street. Passed Apr. i, 1901 : Vacates a strip ten feet wide on each side of Pine street between Bijou and Sherman streets. No. 617. (COLUMBIA STREET.) An ordinance vacating a portion of Columbia street between Cascade ave- nue and Tejon street in the City of Colorado Springs. Passed Oct. 20, 1902: Portion vacated described by metes and bounds. No. 619. (PINE STREET.) An ordinance vacating street vacations. 173 certain portions of Pine street between Pike’s Peak avenue and P)ijou street in the City of Colorado Springs. Passed Nov. 3, 1902: Reduces the width of Pine street to eighty feet, from the north line of Pike’s Peak avenue to the south line of Bijou street. No. 638. (STREET IN COLUMBIA ADDITION.) An ordinance vacating a strip of land heretofore conveyed for the purposes of a street in the City of Colorado Springs, Colorado, but never used as such. Passed Apr. 6, 1903 : A strip of land sixty feet wide, vacated and surrendered to the Colorado Springs Company as original grantor. No. 678. (BRISTOL HEIGHTS.) An ordinance vacating all streets and alleys in Bristol Heights Addition to the City of Colorado Springs. Passed Oct. 3, 1904: Includes the territory bounded on the north by High street, on the east by Hancock street, on the south by Pike’s Peak avenue, and on the west by the grounds of the state Deaf and Blind Institute. No. 679. (WEST DALE STREET.) An ordinance to vacate a portion of West Dale street in the City of Colo- rado Springs. Passed Oct. 17, 1904: Portion vacated to be a part of Monument Valley park. No. 696. (WEST DALE STREET.) An ordinance to vacate a p6rtion of West Dale street in the City of Colo- rado Springs. Passed Dec. 4, 1905 : Vacates 140 feet of the west end of Dale street, to be included in IMonument Valley park. ' No. 700. (CACHE LA POUDRE STREET.) An ordinance vacating a certain portion of Cache la Poudre street in the City of Colorado Springs. Passed Feb. 8, 1906: 174 stri:kt vacations. Vacates a portion of the west end of Cache la Poudre street. No. 705. (CACHE LA POUDRE STREET AND MESA ROAD.) An ordinance to vacate that portion of Caclie la 'Poudre street and the Alesa road as platted in a re-subdivision of a part of Addition No. 5 to the City of Colorado Springs. Passed Mar. 22, 1906: Vacating and changing said street and road at Monu- ment Valley park. No. 734. (BOULDER CRESCENT.) An ordinance to vacate a portion of Boulder crescent in the City of Colo- rado Springs. Passed June 5, 1907. No. 755. (WASHINGTON STREET.) An ordi- nance to vacate that portion of Washington street between blocks G and H in the Wood Avenue Addition to the City of Colorado Springs and to vacate that portion of the alley lying to the west of and contiguous to block G and to lot 4 in block H in said Wood Avenue Addition. Passed June 15, 1908. No. 766. (DAY'S ADDITION.) An ordinance va- cating certain streets and alleys and portions of certain streets and alleys in block two (2) in Day’s Addition to the City of Colorado Springs. Passed Mar. i, 1909: Portions vacated described by metes and bounds. No. 769. (PIKE’S PEAK AVENUE AND HUER- FANO STREET.) An ordinance vacating portions of Pike’s Peak avenue and Huerfano street at the crossings of the A., T. & S. F. railway tracks. Passed Apr. 5, 1909: Portions vacated by metes and bounds. No. 777. (PLATTE AVENUE.) An ordinance to vacate a strip twenty feet in width on each side of Platte STREET VACATIONS. 175 avenue adjacent to and abutting on l)locks numbered i, ii, 21, 3, 2, 12, 22 and 32 in Parrish’s Addition to the City of Colorado Springs, and to cede all the right, title and interest of the City of Colorado Springs in and to said vacated strips to the respective owners of the lots adjacent to and abutting on said vacated tract, and to repeal all ordinances in conflict with this ordinance. Passed Oct. 15, 1909. No. 821. (PIKE’S PEAK AVENUE.) An ordi- nance to vacate a strip thirty feet in width on each side of Pike’s Peak avenue adjacent to and abutting on blocks num- bered 4, 14, 24, 5, 15, 25, Parrish’s Addition, and block num- bered I, Pine Street Subdivision to the City of Colorado Springs, and to cede all the right, title and interest of the City of Colorado Springs in and to said vacated strips to the respective owners of the lots adjacent to and belonging on said vacant tract, and to repeal all ordinances in conflict with this ordinance. Passed Sept. 2, 1910. No. 833. (JEFFERSON STREET.) An ordinance to vacate that portion of Jefferson street west of Wood ave- nue and east of Monument AMlley park. Passed Feb. 8, 1911. No. 846. (FOUNTAIN PLACE.) An ordinance va- cating Fountain place in Cheyenne Addition to the City of Colorado Springs. Passed May 24, 1911: Vacates that portion of a street called Fountain place lying and being situate between blocks twenty and twenty- one in Cheyenne Addition. No. 866. (LOGAN AVENUE.) An ordinance vacat- ing a part of Logan avenue,- and the alley in block 47 in the East End Addition to the City of Colorado Springs, and opening Logan avenue through block 48 in said addition. Passed June 14, 1912. STRDIST VACATIONS. 176 No. 872. (SOUTH CHESTNUT AND SOUTH WALNUT STREETS.) An ordinance vacating certain parts of South Chestnut street and South Walnut street, and establishing the curb line thereon. Passed July 24, 1912: \ acates a strip 20 feet wide along the west side of Chestnut street from the south line of West Huerfano street to the north line of the right of way of the D. & R. G. rail- way ; also, vacates 20 feet in width on each side of Walnut street from the south line of West Huerfano street to the north line of West Costilla street. No. 873. (SAN RAFAEL STREET.) An ordinance to vacate a strip fifteen feet in width on each side of San Rafael street adjacent to and abutting on blocks numbered 2, 3, 5, 6, Rock Island Addition to the City of Colorado Springs. Passed July 31, 1912. No. 877. (CblEYENNE AVENUE.) An ordinance vacating certain portions of Cheyenne avenue in block 53. Passed Aug. 14, 1912: Vacates 45 . 65 feet on each side through block. No. 905. (CHEYENNE AVENUE.) An ordinance to vacate that portion of Cheyenne avenue between Nevada avenue and Weber street, in the City of Colorado Springs, El Paso County, State of Colorado. Passed Apr. 15, 1913, by vote of the people : Vacates “all that portion of Cheyenne avenue situate between Nevada avenue and Weber street." INDEX. 177 INDEX OF ORDINANCES Unless Otherwise Notedy Numerals Refer to Sections in Code. Abatement. Of water lates.. Mayor may grant... . 125 Of livery stable, etc., as nuisance 758 Of nuisances, by health officer... 974 Expense of. Collection 974 Duty of health officer in 1056 >, On notice 1065 Summary 1066 Abuse. Neglect, of children 544 Accidents. Police officer to report.. 448 Accounts and Records. Supervision of . . 156 Examination and approval of 156 Action. For violation of civil service ordinance 22 Actions. In police court, how commenced 53 Additions. To city, plats of, submitted to planning commission 30 Maps and plats of . 848 Taxes on, paid 848 .Sale of lots in, permitted when 849 Survey of S50 Grades established in . S51 Map of, how drawn 852 Profiles of, required 853 Filing of maps and profiles of 854 Alteration of maps and profiles of , 855 Streets in, graded 856 Ditchboxes required in 856 Sewers and water pipes in, when to be laid 857 Ordinances annexing. .See appendix, pp. 165-^68. , ■ Adulteration. Of intoxicating liquors ., 4it Of food ■ 1143 Advertisements. Posting of ^878 Alarm System. Fire and police, supervision of ► 688 Alleys. Objections to paving of 772 ' Obstructions on . . . ‘ 888-906 Receiving and delivering merchandise on . 889 Storing boxes, merchandise, etc., on 891 Ambulance. Of health department and hospitals, right of way of , 4024 Amendment to Charter.. See pp. 52-56. ; Animals. Running at large, penalty 4?8 INDi:x. 178 Impounding of Charges for Procedure, as provided by law Impounded, sale oL Who may purchase.... Obstructing taker of Unlawful taking of, penalty Herding Turning loose of, penalty Turning, into parks Cruelty to Permitting, on sidewalk Indecent exhibitions of Humane treatment of. at slaughter yards... For slaughter, examination of Diseased, owner to notify health department Dead, duty of health officer as to Removal of '. Contract for. P>ond of 1052 Burying in city, penalty 1053 Throwing in street or public ground 1054 Antitoxine. Health officer keep, give treatments 976 Apothecary. Sale of poisons by 9^ Appeal. From police court 67 To county court, from pdlice court 67 No, to district court 67 Bond 67 Operates as supersedeas 67 Appeals. Frorii decisions of chief of police 421 Appointment. Of laborers 12 Appointments. In classified service 9 Made by mayor, how ii Temporary, jn classified service 13 Of employes, not for fixed term 178 Appropriations. Annual, to provide for salaries 83 Record of, by auditor 158 For playground commission 96 Arclights. Permits, fees for 689 Nernst lamps classed as, in procuring permits... . 689 Architects. Conform to rules of city electrician 691 Armories. Location of . . . 763 Arrest. Chief of fire department and assistants, have power of 591 Employes of health department have power of... 9 ?i Ashpits. Construction of 618 Ashes. Throwing in streets, alleys, etc T021 Receptacles for. required 617 Ashlar Facing 742 Asiatic Cholera 975 Physician report case of ^ 998 Period of quarantine for . . 999 Assault and Battery 493 Assembly Halls 607-609 Fire drills in, required 607 Stage firemen in 608 Weekly reports on, of fire protection 609 480 481 482 483 485 486 478 490 552 491 513 531 T I4I I I4T II4I 974 TOSI INDEX. 179 Safety appliances in, required 750 Assembly. Unlawful 498 Assessment. Of cost of public improvements 767 Of public property for public improvements ; \ 771 Of irregular lots, for cost qf improvements 773 Certificate of .' .* 790 Roll, local, for cost of public improvements 795 For public improvements,, payable in install- ments 796 Special, index of 803 Assessments. For police department relief fund 458 Assistant Librarians. Iri' noncompetitive classified service 10 Assignation House. Employment office sending female to 246 Astrologers. Licensing of 223-225 Attorney, City, appointments, term 36 Duties of / 37 Compensation of 38 Assistants of 39 Assignment of, to department of finance 40 Salary of, payable monthly 84 Salary of i77 Advisor police relief fund board 474 Advisor firemen’s relief and pension board 725 Auction Sale. Of animals. Chief of police designate place of 31 1 Auctioneers. Licensing of 309-318 Defined 310 License, application, bond, fee for 31 1 Not assignable 316 Mayor may revoke 312 Record of sales by ' 313 Misrepresentation by 314 Bond of 31 1 Delivery of articles sold by 315 Penalties of 318 Auditor. City, in noncompetitive classified service... 10 Bond of 71 Deputy, bond of 71 Salary of payable monthly 84 Distributed to department of finance 156 Appointment of 156 And deputy, removable by mayor 157 Bonded in surety company 157 Custodian of what 157 Duties of 158 Deputy, duties of 159 Financial reports to. by all departments 160 Salary of 177 Duties of, as to police relief fund 458-460 Auto Driver. Fire department, salary of 177 Automobile. Passenger for hire, license fees of 198 Owners and operators of, license regulations 357-366 Speed regulations of 357 l8o INDEX. License required for operator o^ . , 35K Visiting, permit for ' 358 Operators of, board of examiners for ' 359 Brakes, alarms and lights 360 License fees for , 361 .Numbers, registered 361 Standing in street. Engines must be stopped.... 362 Not permitted in canons, etc. .’ 363 Unlicensed operators of, penalty . 364 Tampering with, of another, penalty.. .., .. ^ , .< 3 ^. 5 . In Cheyenne park, where prohibited, penjilty . . . . . 556', 55^ Drippings from on street .\ . 91 1 Devices to prevent required . . .j,. . • , 912 Water rates for 121' Avenues. xAicquisition of, beyond city limits,.... '929-933 Awning. Accumulating snow, dirt, etc . ” , ,522 Over sidewalks prohibited . -880 Canvas permitted, when 881 Badge. Of pqlice officer, wearing without authority. . 441 Bagatelle or Pigeon-hole Table. Licensing of. . . . . . 226-229 Baggage. Charges for carrying . . . 200 Bail. In police court, right to ' 54 Approval of, fees for taking... 54 Persons arrested have right to .. 438 Officer may take, when , ^ 438 Bakery. Water rates for '. . ‘ ' 121 Balcony. Extending over sidewalk .................... 880 Ball. Playing in streets 517 Game for pay. prohibited on .Sunday. ...... v , ... . ' 564 Barber Shops. Water rates for. . . , . . ' 121 Water meter required for .A ... 133 Keeping open on Sunday 564 Barn Man. Street department, salary of,.....,..,.... 177 And teamster, water department, salary of. 177 Basement Fixtures. Connection of with sewers.:,... 1099 Backwater checkvalve required., ,, 1099 Duty of owner, of premises . 1100 Bath Houses. Water meter required for. 133 Bathing. In reservoirs, etc 142 In public places, p-ohibited during , certain hours 532 Baths. Water rates for... . 121 Battery Room. Telegraph, telephone, water meter re,- quired j 133 Begging. By vagrants . . 510 Benchmarks. For establishing grades . 817 Benzine. Use, handling, storage ot 629-676 Bicycles. Riding on sidewalk 514 In park, without permit . i. ..... 514 Lights on .368, 369 Fast or reckless riding of , 514 Billboards. Commissioner of public works and prop- erty has charge of ..... , , 728 ,, Permit required for 921 Prohibited in certain places 922 Location and construction of 923 INDEX. l8r Removal, alteration of, required when.... ^ 924 Mayor may revoke permit for. " 925 Permit for, consent of adjoining owners required ' 925 Ground about must be kept clean.’. ‘ '926 Persons erecting, bond required of ‘ 927 Penalties relating to . 928 Billiard Halls. Water rates for. 121 Tables. License fees, regulations . 226-229 Bill Posters. Licensed, may post on private property. 878 Bills. Posting of on private property 878 And posters. On telegraph, telephone, poles, etc.. 561 Prohibited where, penalty ^ 562 Regulations concerning .' 878 Against city. Commissioner of finance examine . and approve ’. . ’ 156 Birds, Nests and Eggs. Molesting in parks’.. _ , 553 Births. Duty of physicians, etc., to report ,. . . ^ , ,986 Blacksmith Shops. Water rates for • • •• / '■^ ’121 Not permitted where . . .. ... ' 756 Vehicles left on stfeet or 'sidewalW near . 757 Blasting Powder. Handling, storage of. 677-686 Board of Examiners. For autornobile licenses, duties of 359 , Of plumbers 1073 Examination by. . . . ...'. .••••• ^ I 074 Compensation of members of . ........ 1075 Boarding, Rooming and Lodging Houses. Waiter' rates for 121 Hydraulic elevators in. Water rates for , 121 Boarding Houses. Water meters required in certain.. 133 Solicitors and runners fOr. License regulation^. . 319-331 Boarding Stables. Water rates for ‘ , 121 Licensing of ..' ,,, 230-232 Boilers. Steam, water rates for . ....... . , . . . ' - 121 And pipes, regulations 74.4. Boiling Tar, Pitch. Permits for, penalty,.'.....’.;.*.... 613 Bonfires. Permits for, regulation^. ........... ' 610 Bond Issue. Special election for voting on. '. . ... 180-188 For purchase of land for parks,, etc. . . . .,. . . •. 930-933 Bonds. Of city officers and employes . . . 71, 72 Water, measures for issue and retirement of . .^ ..J..""' , too And warrants, for public improyements . . • • : 804-806 Book, Picture, Etc. Exhibiting indecent and, obscene . , 530 .Bookkeeper. Water department’ salary of . 177 Bottling Works/, WaterTates for. . . .V‘.,'L. , ^ 121 , Water meters , , fpf , . . . •! ’ 133 Boulevards. Beyond city limits, acquisition of.'V... . .,4' .9,21^933 Bowling Alley. Licensing qf ' Boxes. Irrigation— see 'irrigatiOn;bo^ ditifhboxj^^^^^^ 'V/'; Breach of the PeaCe’. .. . ./. V., T 497 ‘Bread.'’Quality and ^ weight 'pf;, 7 /^ . 1149 Inspection of . . .V.v . . //V. . 1150 Breweries. Water rates for . .'.■■/ . . ..; , 121 Water meter required for. . 7! . .V . . ’’ j I33 Brickyards. Water rates for*.’ -.w ^2t F ' Water meter required for.'. . . . . V; . . V. . . " / t i.x c--/ - : . V- . .-iriF INDEX. 182 Bridge. Destroying, injuring, defacing.... 562 Builders. Duties of as to electrical wiring 691 Building. Unsafe scaffolding for 520 Inspector. Not issue permit, when ■ 124 Furnish estimates of water for building .124 City engineer shall be 731 Powers and duties of 736 Must refuse permits and licenses, when 760 Purposes. Water rates for 121 Permit. Not issue until water charges paid 124 Fees for 737 Line, in residence districts 753 * City engineer to establish, when 754 Permit and license not to issue, when 760 May be declared a nuisance, when 1058 Spitting on floor, walls, stairs of 1019 Buildings. Office of more than 10 rooms, water meter required 133 Moving of by licensed house mover only 347 Permit for 347 Electrical wiring, apparatus, condemned when... 688 Permits for, fees 689 Inspection of, notice . 692 Permits for erection of 736 Record of all erected or altered 736 Owners of obey orders of city electrician 736 Permits for erection, alteration, of 737 Definition of terms relating to 738 Walls, thickness prescribed 739 Foundations of 740 Wall anchors of 741 Stone facings of ... . 742 Chimneys, pipes, flues in 743 Hearths, fireplaces in 743 Furnaces, hotair pipes, in 743 Steam boilers and pipes in 744 Floors of 745 Within fire limits, regulations 747 Elevators in 748 Frame repair of 749 Used as public halls, etc., safety appliances in.... 750 Fire escapes in certain, required 751 Attaching signs to . . 878 Infected with certain diseases, renting forbidden. 1004 Infected, health officer may remove or destroy... 1008 Burning Rubbish. Leaves, etc., permit for. penalty... 610 Burglar Implements. Possession of, penalty 510 Burial. Of person dying in isolation hospital 977 In cases of contagious diseases 1009, 1010 Preparation, transportation, of bodies 1009 Other than in cemeteries unlawful 1027 In city unlawful 1031 Permit required 1032 Without permit, penalty 1032 Burials and Disinterments 1027-1036 INDEX. 183 Burros. Running at large 478 In parks 936 Business Solicitors 332-345 Defined 332 Must wear badges 339 Prohibited in certain places 340 Rules of conduct of , Buttermilk. Inspection and sale of 1116, 1128 Cabmen. License of 196 Must obey police officers 445 Calf. Disturbing neighborhood by bawling 496 Campfires. In parks, regulations of 936 Canals. Irrigating, under control water superintend- ent 147 Captain. Police, salary of 177 Fire department, salary of 177 Police 436 May take bail, when 438 Fire department, has powers of chief, when • 576 Car. Seizing, getting on when in motion 518 Carbolic Acid. Sale of regulated 988 Caretaker. Lake Moraine, salary of 177 Seven Lakes, salary of 177 Reservoirs Nos. 7 and 8, salary of 177 Ruxton Intake, salary of . 177 Bear Creek, salary of 177 Manitou Settler, salary of 177 Pike View, salary of 177 Of city dumps, appointment, duties 1055 Carpet-cleaning Establishments. Nuisance, abatement of 1069 Carriages and Burros. In parks 936 Charges fixed 936 Catch Basin. Nuisance when, penalty 1060 Cattle. Running at large 478 Yard a nuisance, when 1058 Sales of in streets 888 Cellar Door. Leaving open 519 Approach to, extending in street or sidewalk 880 Cellars. Examinations of by health officer 974 Nuisance when, penalty 10^ Cemetery. Lots in, city clerk keep record of 33 Superintendent of, bond 71 Disturbance in 554 Shooting firearms in 554 Defacing monuments, etc 554 Injuring trees, plants, etc., in 554 Trampling, sitting on graves, in 554 Digging graves in, permits for 1039 Charges for 1042 Disinterring bodies in, charges for 1042 Removing bodies from vault in. charges 1042 Care of lots in, charges for 1043 Funds, how expended 1044 Endowment fund — see Evergreen cemetery. INDEX. 184 Forest addition to Cesspools. Examination of by health officer . Nuisance, when, penalty , . T.ocation, construction of ' Cleaning of, by licensed vault cleaners only Removal of contents of, regulations Permits for cleaning, required Charges for cleaning Chainmen. Compensation of Charter — see pp. 1-56. Chauffeur. Police, salary of Chemicals. Explosive or fire producing, regulations.. Chemist. City, bond of Salary of Qualifications of Appointment, qualifications, bond of Duties, compensation of Cheyenne Park. Automobiles, motorcycles in Chicken Pox Report of to health department Chickens. Running at large, penalty . Chief. Of fire department, bond of Assistant, bond of Report of on dance hall premises Duties of . Issue permits for inflammable fluids Inspect premises inflammable fluids kept Police powers of In noncompetitive classified service And assistant, salaries of Of Police. In noncompetitive classified service.. Salary of . . Execute process of police court May take bail when Report commitments, prisoners, etc., monthly Bond of Prescribe form of record for second-hand stores Make rules, regulations, for second-hand stores Approve forms, pawnbrokers’ statements . ... Make rules, regulations governing pawn- brokers Designate place of auction sale ' Make regulations governing hotel solicitors.. ■ Business solicitors Office of, created Appointment of '■ Authority, duties of ; Is custodian of property of department ■; May promulgate rules, etc. . May impose forfeitures on subordinates Keep record lost, stolen, confiscated, property ■ Report accidents, personal injuries, to city at- ■ torney . . . 1045 974 1060 1094 1106 914 916 1 108 177 177 677-686 71 177 971 1114 1115 556, 557 975 998 1067 71 71 291 576 630 637 591 TO . 177 TO 177 48 .54, 438 " 71 260 ,263 271 ’ 276 31 1 330 342 422 422 423-433 424 428 429 433 , 449 INDKX. . 185 Powers, duties relating to pound 481 Child. Abuse, neglect of 544 May not be pall bearer, when . 1010 Coffin not opened in presence of when... 1010 Children. Vaccination of before admission to school. T014, 1015 Out at night, curfew . . 545 Duty of police relating to . 547 Chimneys, Pipes and Flues 743 Circus. Licensing of 253, 254 City. Attorney — see attorney. Additions — see additions. Auditor — see auditor. Clerk — see clerk. Chemist — see chemist. Council — see council. Dumps. Caretaker of, appointment, duties 1055 Electrician — see electrician. Engineer — see engineer. ■ ■ * '■ ' Eorester — see forester. . 1 Hall, office hours of offices in 82 Librarian — see librarian. Planning commission-— see planning’ commission. • Property. Is assessable for public improve- ments .' Physician. Health officer shall be ... Duties of Right of, to shut off water’ from Plains’. . . .'.v: . .'. . Scales, designated : . , Treasurer — see treasurer. Civil Service. Classifications of *. .. .L. . Appointments in Promotions, dismissals, discharges Fraud, deceit i . Politics in .'.... Ordinance, rules, violations of. penalties Employes not affected by : . . . Civil Service Commission. Expenses of • Authority of v Members of in unclassified service Roster kept by, of classified service Names certified by to auditor Examinations by Claims. Against city, commissioner of finance exam- ine, approve .*. . Auditor to audit and settle. Clairvoyants. Licensing of '. Classified Civil Service. Clerk. City, appointment of . . Assigned to department of finance.... Bond of . V. '■ Duties of r . '. , . . . . . . . . . ’ Pay money to treasurer . '. . Deputies and assistants' of. . . . .' . . .' . . . / < Deputy, bond of . , . * .' Salary of payable monthly'. ....... ....... — . . 771 ' 978 978 137 • 1176 9; 10 11-13 14-15 18 19, 20 21 23 7 8 9 16 17 18 .■■■156 158 223-225 9-16 32, 156 32 ', 156 32. 71 33 33 ■34, 71 .35, 71 r " i 84 i86 INDEX. Appointed by council 156 Deputies and employes of appointed by mayor... 156 Salary of, and of deputies 177 Police department, salary of 177 And bookkeeper street department, salary of 177 Water department, salary of 177 Clerks. Officers and employes, salaries provided for 83 Clock Service. Electric, license tax on poles and wires of 379 Clubhouse. Water rates for 121 Social, license of for intoxicating liquor 385 License fee for 394 Manager of, application to designate 399 Revocation and forfeiture of liquor license... 400 Serving intoxicating liquors, restrictions 406 Coalholes. In sidewalk, coverings of 883-887 Coaltar Products. Use, handling, storage, of 629-677 Cocaine. Sale of regulated 988 Cock-fighting. Unlawful . . 541 Code. Ordinance providing for — see p. V. Cold Storage Plants. Water meter required for 133 College. Water rates for 121 Water meter required for 133 Selling liquor to students of 406 Colorado City. Meter required for sewer flushers of. 133 Colorado School for Deaf and Blind. Water rates for 121 Colorado Springs. Order incorporating town of — see p. XV. City organization of — see p. XVI. Combustible Material. How disposed of 61 1 Hay. straw, etc, near building, penalty 616 Commission. Civil Service, certify names for appoint- ment II, 12 City planning established 25 Members of 26, 31 Powers of 27 Purposes of 28 Matters to be referred to . ' 29 Proposed additions to city, considered by.... 30 Expenses of 31 District established 890 Storing merchandise on sidewalks in 891 Obstructing sidewalks in 891 Commissioner. Of water and water works, powers and duties of 97, 98 Fix rates, establish regulations 99 Duty of as to bonds 100 Salary of mayor as 103 Of finance, powers and duties of 156 Provide office for civil service commission... 7 Of public safety, powers and duties of 419 Inspect dance hall before license 291 Of public works and property, powers and duties of 728 Of public health and sanitation, powers and duties of 971 INDEX. 187 Commissioners. Of departments, designation of 6 Each purchase supplies for his department 164 Recommend appointments 10 Make appointments in labor class ii Communicable Diseases. Designated 975-1016 Duties of health officer relating to 975 Disinfection of premises containing 976, 1000 Physicians to report, penalty ' 998 Householder, others* to report 982, 998 Quarantine of 999 Members of household, not attend school 1002 House infected with, renting prohibited 1004 Clothing infected with, selling, penalty 1005 Removal of person having 1006 Person dying of, public funeral forbidden 1010 Competitive Class. Classified civil service 10 Appointments in ii Concealed Weapon. Carrying 501 Concrete. For sidewalks, floors, water rates for 121 Confectionery, Figs, Etc. Screen from flies, dust 1153 Confiscated Property. Sale of 433 Conjunctivitis. Physicians to report 998 Constitution — see p. VII. Construction of Ordinances 73 Contagious Disease. Burial of dead from 1009 Transportation of dead from 1009 Hospitals, etc., for exclusive treatment of 1022 Continuance. In police court 57 Contractors. Duties of as to electrical wiring 691 Sidewalk — see sidewalk contractors. Contracts. For work or improvements, how author- ized 164 For supplies and materials, lists of 165 Bids and>awards of . 166 For public improvements, how made *T.. 765-816 Coroner. To report deaths to health department 987 Corporate Seal. Established 81 Corporations. Public utility, commissioner of finance examine 156 Public. Property of assessed for public improve- ments 771 Corrals. Permission of health department for 1059 Council. Regular meetings of 2 Special meetings of 3 Journal, rules of 4 Compel attendance of absent members 4 Designate commissioners of departments 6 Furnish supplies to police court 43 Fix all salaries 83 Impose fines for violation water regulations 99 Authorize water bond issues 100 Cause emergency warrants for water department. loi May remove any employes 178 Issue dance-hall licenses 290 Grant liquor licenses 384 INDEX. 1 88 Appropriate to fire department relief pension fund 713 Police department relief fund ............. V:‘ ' ' 463 Counterfeiting. Badge of police officer, penalty...^. _ 442 County Property. Assessable for public improvements ' 771 Court. — see police court. • ' , Court House. County, water meter required for....’.' ' ‘ 133 Site and park — see Appendix p. 163. Cows. Water rates for . 121 Tuberculin test of i . 1134 Owners of, permit examination 1137 For dairy purposes, keeping in 'city ‘ 1138 Cream. Inspection and sale of , T116-1130 Creameries. Water meters required for • • • • ; i33 Crossboxes. For irrigation ......'. ‘148, 149 Croup. Membranous . . . ...'.. 975 Cruelty. To animals 491 Curblines. City engineer may vary . . ^ In business section, not deterrnined . . 833 On portion of Chestnut street . . ' 839 On certain streets located ’”840 Curbing. Contracts for . 767 Curbs. Must conform to grade . '820 Distance of from property line determined. 820-830 And gutters, regulations • •, -i-, i •.• • • • •; , 834-843 Construction of, consent of owners . . 834 Change of, compensation of property owneVs . '. . . ‘ 835 Adjustments in special cases ! . ., 836 Modification of in parking districts.... . . ' 837 Coiribined, specifications for . . .............. "" 842 Completed, removal of waste, rubbish .' ' 843 Under construction, barricades and lights 843 Cuspidors. Required in public buildings and halls..,..' "1020 Dairies. Water meters required for . 133 Dairy. Daily cleaning of required 1131 Products, inspection of cans and measures of. ... . 1172 'Damage. To property by accident, duty of police.... 448 By electrical wires, liability for . 694 Dance. Public defined ’ 288 Place of must be licensed . . .. . .' 289 Permits, fees, regulations ,for . 294-308 Not permitted when . 1 . . . ' 295 Where lewd persons resort . . 538 Halls defined . . . . . . . . , 288 License fees, regulations, for 289-308 Inspection of . . ./! .;V 291 Inspector of, duties , 300 Datumi Line. And benchmarks •••••. 817 Day of Rest Ordinance 567-573 Dead. Burial of in unauthorized place . . 1027 Bodies, removal of to cemetery required .. 1028 Failure to remove, penalty......... 1029 Buried out of cemetery, removal of by city... ' , T030 i;, ', Burying or depositing in vault in city. ....... 103T ^ ; Permit for burial of. . . : . . .-. . .h . ' 3 T032 Burial or removal of without perinit T033 INDEX. 189 Disinterment or removal without permit..... 1034 Receiving from out of city, permit for 1035 Animals, duty of health officer as to 974 Removal of, bids for contract for.... 1051 Bond of contractor 1052 Burying in city 1053 Throwing in streets, etc 1054 Deadly Weapons. Threatening display of ,. 501 Dealers. Transient, license of 220-222 Deaths. Physician or coronor to report 987 Report of, how made " 987 Defacement. Of water plant 140 Default. And forfeiture of bail in police court...... 55 Procedure on 56 Definitions. Of words, etc 73 In liquor ordinance 417 Dentists. Registration of 985 Register of to contain what 997 Departments. Executive and administrative. 5 See water, finance, safety, public works, public property, health department, sanitation. Detectives. Special, in unclassified civil service. 9 Salaries of .' 177 Duty of, to investigate accidents ‘ 448 Diphtheria. Isolation, etc 975 Report of to health department 998 Period of quarantine for 999 Directors. Of public library, in unclassified service.. 9 Diseases. Advertisements of cures of certain 533 Communicable, duty of health officer as to " 975 Persons having, isolation of . 975 Care, treatment of, by city...... 1 .. 975 Disinfection of premises , 1000 To be reported to health department 998 Disinfection. Of premises required 976^1000 Disinterment. Of human body, without permit 1034 Regulations for 1035 In cemetery, charges for 1042 Disorderly Conduct. What constitutes.. 49h 498 House, keeping, patronizing, etc...... ... 536 Disturbance. In Evergreen cemetery.... 554 Disturbing. Of the peace 494 Religious meetings, etc 499 Ditch. Obstruction of 143 Boxes required, specifications, regulations........ 150 In additions to city 856 Ditches. Irrigating, charge and control of water superintendent 147 Regulations for ' ' 151 Obstruction of 152 Use of restricted 153 I>og. Catcher assigned to police department......... 419 Fights unlawful 541' Dogs. Licensing of. collar, tags 3^ Impounding of 370 INDEX. 190 To be killed when ’ 370 ‘ Vicious, liability of owner of 371 A nuisance, how disposed of 371 Rabid confined, proclamation of mayor 372 Female impounded when 373 Disturbing neighborhood 496 Kennels, license and regulations for 375-377’ Domestic Fowls. At large, penalty.. 1067 Yards of a nuisance when 1068 Draftsmen. Compensation of ,177 Drainpipe. Connection of with sewer 1088 Plumber only may lay 1089 Drains. Outside, how made 1090 And sewers, interfering with. 559 Examination of, by health officer 974 Private, nuisances when, penalty 1060 Draymen. License of required 196 Police control of 445 Drink. Intoxicants in pharmacy, public places 409 Drippipes. Plumbing regulations of 1084 Drivers. Police, salary of 177 Driving. Fast or reckless ... 512 Drugstores. Water rates for 121 License of for intoxicating liquors 385-418 Fee for . . . 394 Number of to be licensed, limited... 392 Qualifications of for liquor license 397 Permit to conduct 398 Application for, fee 398 Druggist. Sale of poisons by 988 Drugs. Impure, sale of prohibited . 1143 Drunkard. Selling liquor to 406 Drunkenness. Prohibited where 504 Dry Cleaning. Defined : 658 Sponging not permitted where 659, 660 Permit for 661 Building, requirements for 662-664 Drain from, traps required 665 Machines, washers 666 Stock of fluids, how kept 667 Drying goods, removal of fluid 668 Settling tanks 669, 670 Inspection 671 Matches, smoking prohibited 672 Exposed lights 674 Inspection fees 675 Penalties relating to 676 Ducks. Running at large 1067 Dumpb'Oss. Salary of 177 Dumps. Caretaker of, appointment, duties 1055 Dyeing. And cleaning establishments, water rates for 121 Water meter required 133 Dynamite. Handling and storage of 677-686 Ejection. Special for voting bonds 18^188 Serving liquor during hours of 386 INDEX. I9I Special patrolmen during . . 43® Electric Light Company, Inspection of poles, wires of 37 ^ .License tax poles, wires of 379~382 Connect and disconnect when 1010 Works, water meter required for 133 Motors, generators, permits, fees, for 689 Fans, pormits, fees 689 Lighting temporary, permits, fees 689 Fixtures. Installing, permits, fees 689 Electrical Department. Inspect poles, wires . . 37 ^ Wiring. Apparatus, condemnation of 688 Disputes, arbitration, concerning 688 Rules, regulations, city electrician make 688 Permits for, fees, etc 689 Repairing, permits for, fees 689 Complete, when 693 Inspection of, certificate 694 Annual license for, to whom, bond 695 Licenses for 696, 697 Damages caused by. liability 704 Conduits, how' installed 702. 703 Electrician. City, bond of 71, 687 Salary of i77 Inspect gasoline lighting systems 623 Charges for 626 Condemn gasoline lighting ^ 627 Appointment, salary of 687 Powers and duties of 688 Fees, books, records of 690 Inspect building, leave notice 692 Control over overhead wires, cables 698 Right of to enter premises 702 Electrolysis. Of water pipes 958 Elevators. Hydraulic. Water rates for 121 Water meters required for 133 Passenger, freight, permits, regulations 748 El Paso County. Court house, jail, water meter re- quired for 133 Emergency. Warrants, water department . loi Supplies, purchase of ,169 Employes. Entitled to day of rest 571 City, salaries of. payable how 84 Water department T02 Subject to removal . . 178 Salaries, when entitled to 179 Employment. Intelligence office, license, regulations 241-252 License, application for 242 Fee, bond, etc ' 243 Treasurer’s certificate 244 Charges of regulated 245 Regulations governing 246-251 Offenses by, penalties 246-252 Employments. In classified service, how made 9 Enclosures. Water system, entering within forbidden 144 Endowment Fund. Evergreen cemetery 1045 Engine House. Injuring, defacing . . ,. . . 558 1 92 INDEX. Engineer. City, in noncompetitive classified service.. lo Bond of 71, 729 Salary of 177 Payable monthly 84 .Assigned to department public works and prop- erty . . . 728 Appointment of 729 Duties of , 730 Shall be building inspector 731 Pay money to treasurer the day received 732 Assistant, salary of 177 Appointment, duties of 734 Assistants and subordinates in office of 735 Establish building line when 755 Prepare specifications for street improvements... 767 Fire department, salary of 177 Erysipelas. Physician to report, penalty 998 Evergreen Cemetery — see cemetery, Endowment fund t04.5, 1046 Evidence. Copies certified by clerk received in ^ Examiners. Board of for automobile licenses . 359 Excavation Fund. Deposit 868 Excavations. To take up set'vice pipe, permit 116 In streets, duty of policemen 447 Leaving uncovered unsafe ‘ 519 In street, permit required for . 548 In streets and alleys 867-877 Unlawful without permits 867 Permits, deposits for '...... 867, 868 Regulations governing 869 Lights at night 870 Permit, workmen exhibit ^ 871 Record of applications, plans, for... 872 Additional concrete required by 873 For railroad tracks 874 By water department, permit required . 875 For laying or connecting with sewers 1089 Executive. And administrative departments. 5 Exhibition. Or play, immoral prohibited.. ' 530 Experts. In unclassified service . . 9 Explosives. Discharging . . 505 And inflammable fluids, near stairs or exits 614 Express Wagon. License fee for 198 Expressmen. License of . • • • , . tqC Extension. Of water mains, right to shut off water for 137 False Alarm. Of fire . , 500, 596 Fares. For carrying passengers, baggage, by licensed vehicles 200 Fast Driving. Prohibited '. 512 Fees and Costs. In police court 63 Female. Seeking employment, sending, to immoral place . . .‘. 149 Fence or Railing. Injuring, hitching animals to. ^ 560 Finance. Commissioner of, powers and duties 1.^5. 156 INDDX. 193 Audit bills for supplies 170 Fine. Police court may, for contempt 50 Fines. And costs paid to police magistrate 65 Officer failing to pay over, penalty 65 Fire. Alarm of, other use of water cease 132 False alarms of, penalty 596 Alarm system, city electrician charge of 6^ Apparatus, protection of 593-600 Arms. Discharging 505 In Evergreen cemetery 554 Department, supervision, control of 419 Inspect electric poles, wires 378 Establishment, organization of 574-581 Who compose 574 Manager of, authority, powers 575 Chief of, duties 576 Members of, appointment, duties 577-579 Rules, regulations, copies of 579 Badges, members to wear 580 Members, resignation of 581 Captain of, have powers of chief, when 576 Powers of 582-592 Right of way of 582 Obstructing, penalty 582 Power of, to destroy buildings 590 Chief, assistants, police powers of 591 Entering engine house of, penalty 595 Keys, wrongful possession of, penalty 598 Telegraph poles of, injuring, defacing 599 Signal boxes, opening, meddling with 600 Members of, assessed for relief fund 713 Relief and pension fund, how created 706-727 Administered by firemen’s relief and pen- sion board 706 Custodian of fund 71 1 Warrants on, how drawn 712 Sources of revenue for 713 Money in not transferred to other fund.. 714 Benefits of, who may receive 716 Sick benefits 717 Total disability 718, 719 In case of death 720 In case of retirement 721 Euneral expenses 722 Prorated when 723 Exempt from levy 724 Powers of city council, relating to 727 Carrying through streets 612 Engines, meddling with 558 Hose, injuring, interfering with . . 558 Driving over 597 Stations, injuring, obstructing 594 Hydrants, control of 601-604 Plugs, water rates for ^. . t2T Taking water from 139 194 INDEX. liiscapcs, when required Limits, boundaries of Rubbish, ashes, not permitted within Warden, duties of Hindering, interfering with Salary of Firecrackers. Canon prohibited Firemen. Duty of in protection of water system Salaries of False personation of Police powers of . Hindering in performance of duty Firemen’s Relief and Pension Board. Members of... Election of members of Ts trustee of fund President of Elect secretary Adopt rules May draw and invest fund City attorney adviser of Report of to mayor and council Fireplaces. Hearths, grates Fires. Spectators of obey orders Cordon established at Property removed from Tu’censed vehicles required to aid at Aleasures for prevention of In parks, regulations for Fireworks. Prohibited, exceptions Fishing. In lakes and reservoirs Fixtures. Water, owner of premises keep in repair. . . Access to premises to examine Floors. Construction of Flowers. In parks, taking prohibited Flumes. Irrigating, control of Food. And milk division established Inspector, appointment, qualifications, bond Duties, compensation of Is inspector, sealer of weights and measures. Impure, adulterated, unwholesome . Condemned, duty of health department Unwholesome, offering for sale, penalty Duty of individuals to report Misrepresentation of Food Products. Protection of from dust, insects.... Transportation of through streets Exposed for sale, covering required Foodstuffs. Hucksters and peddlers of, license of.... Defined . . . Not allowed on certain streets Producer of may peddle without license Foreman. Water department, salary of Street department, salary of Forester. City, appointment, qualifications, bond.... Assigned to department of finance 751 746 549 605 606 '177 506 T41 177 589 592 593 706 707 708 709 709 709 715 725 726 743 584 585 580, 587 588 607-621 936 505 555 TT 2 136 745 552 T47 ITTI TTT 2 T77, 1113 1164 1U3 TT44 TT 45 IT46 TT48 TT52 T T52 TI.S 3 278-283 278 280 282 T 77 T77 T90 TQO INDEX. 195 Salary of i /7 Grant permits to sell and distribute trees 937 Inspect and spray trees, etc 942 Remove dead trees limbs 943 Require abutting owners to plant, care for, trees. 944 Spray trees for owners, when 944 Supervise sale of timber, city lands 945 Reforestation of watersheds 945 Duties of, protect trees 946 Accounts of, pay pioneys to treasurer 947 Notices, directions of, enforced 948 Forestry. Care of trees, shrubs, etc 937-948 Fountain. Stationary, water meter required for 133 Fowls. Running at large 1067, 1068 Yards of, when nuisance, penalty 1068 In crates, sanitary and humane regulations 1042 Frame Buildings. Repair of 749 Franchise Taxes. Commissioner of finance collect... 156 Franchises. Ordinances granting — see Appendix pp. 3-132. Fraud. Deceit in civil service examintaions i8 Fruits. Display of for sale 1153 And vegetables, sorting cleaning, on streets, etc.. 1154 Funeral. Processions, passing through, obstructing. . 503 Furnaces. For heating buildings 743 Gambling House. Keeping, permitting 539 Police may enter by force 540 Devices, chief of police seize 539 Gaming. Prohibited 539 Garage. Public, prohibited outside fire limits 761 Rules of the road to be posted in 515 Permit for, council may authorize ' 761 Garbage. And dump men, assigned to health depart- ment 971 Throwing on streets, vacant lots io2T Cans, regulations for 1047 Removal of '. 1048 Wagons 1048 Contracts for removal of, how awarded i049 Depositing, in place not authorized 1055 Gardens. Irrigation of from ditches restricted 153 Gas Works. Water meter required for 133 Gasoline. Use, handling, storage of 629-677 Vapor lighting 622-628 Rules, requirements, for installing 622 Inspection of 623 Permits for 624 Additions to existing systems 625 Charges for inspection of 626 When condemned 627 Disputes, how determined 628 Penalties for violation of ordinance 628 Gate. Leaving open on sidewalk or alley. 885 Geese. Running at large 478 Prohibited, penalty 1067 INDEX. 196 Giant Powder. Handling, storage of 677-686 Goats. Running at large 478 Grade. On Huerfano street 819 Grades. Datum line for 817 How established 818 Sidewalk, curb, gutter, must conform to 820 Grading. Contracts for, proceedings 767 Gravel Foreman. Street department, wages of 177 Graves. Charges for digging 1042 Greasetraps. Health officer cause to be cleaned 974 Nuisance when 1042 Required where, location, construction of 1095 Cleaning by licensed scavenger only 1096 Permit for. regulations 1096 Greenhouse. Water rates for 121 Gun. Discharging 505 Guncotton. Handling and storage of 677-686 Gunpowder. Handling and storage of 677-686 ;Quantities permitted. How kept 677 Magazine, prohibited 678 Conveyance of, regulations 679 Exceeding 50 pounds, removed from city 680 Shipments of removed in 12 hours 681 Vehicles loaded with 682 Seizure and removal of 683 Manufacture of prohibited 684 Concealed, duty of police 685 Gutters. Contracts for construction of . 767 Must conform to grade . 820 Curbs, and consent of propert}" owners 834 Change of. compensation of owners 835 Adjustment of in special cases 836 Tn parking districts modifications 837 Hackmen. License of 196 Obey police officers 445 Hacks. License fee for 198 Charges for carrying passengers 100 Tn parks, regulations 936 Hall. Public, water rates for 121 Handbills. Posters, etc., prohibited 562 Hatchway. I^eaving open, unsafe 519 Hatpins. Wearing of regulated ■ 528,529 Hay and Straw. Stacks near buildings 615,616 Health Department. Clerk of, bond 71 Salary 177 Employes, salaries of I 77 Health officer is head of the 973 Orders of, issue in name of health officer 973 Rules, regulations of, health officer make 979 Disobeying 979 Members of. make arrests 980 Rooks, records, of 981 Assistants. Employes in, appointment of 984 Keep register of physicians, etc 985-997 Keep register of peddlers of drugs, etc 997 INDEX. 197 Sanitary inspection of city by, yearly 1017 Ambulances of, right of way 1024 Abate nuisances when T056 May permit corrals, rabbitries, in city 1059 Officer. In unclassified service 9 Bond of 71 Salary of I 77 , 983 Report on dance halls..'. 291 Qualifications of . 971 Appointment, duties of 972 Is head of health department 973 Adviser of city officials on health matters.... 973 Powers and duties of 974 Disinfect premises, when 976 Keep antitoxin, give treatments of 976 Duties of, as to isolation hospitals 977 Is city physician, duties as 978 Make rules, regulations 979 May make arrests. . . . 980 Annual report of, to council 982 Submit estimates to auditor 882 Establish quarantine 999 Duties, in disinfection of premises 1000 Release quarantine, when 1001 May destroy or remove infected buildings... 1008 Duties, as to vaccine and vaccination loii Compulsory vaccination by 1012 Abatement of nuisances by 1056, 1065, 1066, 1068 Is chairman board of examiners of plumbers. 1073 Herding. Of animals 478, 489 Hitching Posts. And rings required 884, 915, 916 Hogs. Keeping of prohibited 1059 Horse. Driving, riding on sidewalk 886 Horses. Water rates for 121 Running at large 478 Permitting on sidewalk 513 Leaving, without hitching 513 Stopping in obstructing street 513 In parks 936 Sales of in street 898 Hospital. Isolation, health officer has charge of 977 Burial of persons dying in 977 Hospitals. Water meter required for 133 Ambulances of have right of way 1024 For tubercular, contagious, diseases, prohibited.. 1022 Hotair Furnaces. And pipes 743 Hotbeds. For profit, water rates for 121 Hotel Solicitors. Licenses, regulations 319-331 Hotels. Water rates for 121 Water rates for hydraulic elevators in 121 Certain, water meters required in 133 Solicitors for 319-331 Liquor license, regulations for 385-418 Serving liquor, restrictions as to persons 406 Hothouses. Water rates for 121 I(>^ INDEX. House. Number required before water supplied to.. 127 May be a nuisance, when 1058 Of illfame, sending female to 246 Keeping, owning, patronizing 536 Movers, licenses, permits, regulations 346-350 Hucksters. Peddlers of foodstuffs, license, regulations 278-284 Hydrants, b'ire, under charge of water department.. 661 Interfering with 6oi Obstruction of . . 602 Wrenches, who may use 603 Ice. Inspection and sale of 1156-T159 License for sale of 1156 Purity of 1157 Examination of, by health officer 1158 Weighing of 1141 Plants, water meter required for 133 Idiot. Selling liquor to 406 Impersonating. Officer, penalty 440 Impersonation. False, in civil service examination.. 18 Imprisonment. For contempt, in police court 50 On continuance, in police court 57 To satisfy judgment, in police court 58 Improvements. Public, contracts for 765-816 Indecent Exhibition,. Of animals.. 531 Exposure, conduct 530 Language 497 Indigent Persons. Abatement of water rates to 12*5 Infected Persons. Excluded from schools 999, 1002 Of smallpox, bringing to city... 1007 Infected Houses. Renting, leasing 1004 Clothing, selling, disposing of 1005 Building,, removed, destroyed when 1008 Inflammable Fluids. Regulations for 629-677 Defined .- 629 Permits for, chief of fire department issue 630 In buildings, how kept 631 Rules for storage of 632-634 Drawing from tanks 635 Handling of kerosene 636 Applications for permits 637 Permits for manufacture of 638 Electrical grounding of tanks 639 Reserve stock, storing, drawing off 650 Heavy oils 654 Fire precautions 655 Waste from, exclude from sewers 656 Permits for, council grant or refuse 673 Exposed lights in room containing 674 Fees for inspection 675 Penalties relating to 676 Oils and explosives near stairs or exits 614 Injury. Personal, city physician investigate 978 To water plant 140 Inspection. Of electric wires and poles 378 Of places licensed to sell liquor 4T0 INDEX. 199 Inspector. Building — see building inspector. Department of public works and property, salary 177 Health department, salary 177 Of dance halls, powers and duties of 300, 306 Of weights and measures, salary of I77 Duties of 1164 May not sell scales, etc < 1165 Powers of 1166 May charge fees. . . 1167 Hindering, obstructing 1175 Appointment, duties of 1205. 1206 Repeal, construction of 1207 Institute. Deaf and Blind, water rates for i2i Instrument Men. Compensation of 177 Insurance. Of pledges by pawnbroker 276 Intelligence Offices. Licensing of, regulations 241-252 Interest. Rate of chargeable by pawnbrokers 272 Intoxicating Liquors. Drinking in dance hall 304 License, permits, regulations, for sale of 383-418 Council may license sale of 384 License for, to whom granted 385 Procedure to obtain 387-391 Term of, one year 393 Renewal of 393 Posting of. . 395 Transfer of 396 Revocation, forfeiture of 400, 401 Restriction on sale of....‘. 385 Sale of in restaurants prohibited 408 Restrictions, regulations 410-417 Intoxication. In public place 504 Inventories. Of city property 171 Irrigation. Distribution of water for 147 Time allowed for 148 For profit forbidden 153 Ditches, etc., control of water superintendent.... 147 Dimensions, materials, of 151 Crossbox .’ 148 Ditchboxes 150 Diversion of water from 152 Obstructions of 152 Isolation Hospital. Health officer has charge of 977 Burial of persons dying in 977 Assistants, nurses in 977 Jail. County, water meter required for 133 Janitor. City hall, bond of 71 Salary of 177 Assistant, salary of 177 Assigned to department public works and prop- erty 728 Job Wagon. License fee for 198 Judgments. Police court, against city, no witness fees 61 Against informer, for costs, when 62 Junk Dealers. Licensing of 236-240 Junk Peddlers. Licensing of 236,237 200 INDEX. Jurisdiction. Of police court 44 Jury. Not allowed in police court 44 Kennels. License and regulations of 374-377 Kerosene. Regulations for handling 636 Kiteflying. In streets 517 Labor. On Sunday 567 Class in civil service .10 Laborers. Unskilled, how employed 10 Wages of, water department 177 Street department 177 Health department 177 Lakes. Pollution of 142 Shooting on 142 Enclosures of, entering, prohibited 144 Bathing in. . . . 531 Land. Acquisition of for parks, etc 929-933 Laudanum. Sale of 988 Laundries. Water rates for 121 Water meters required for 133 Leadpipe Connections no Librarian. In noncompetitive classified service 10 Bond of 71 Library. Board of directors of 9 Public established 949 Wrongfully taking book from 950 Failure to return book to... 951 Injury to books or property of 952 Fund, fees, fines, paid to use of 953 Building, injury to 952 License Deputy. Cify clerk to designate 33 Ordinance, rules of construction of 256 To carry weapons, mayor may grant 501 For sale of intoxicating liquors 384-418 Of venders of milk 1116 Fee, refund of, when license revoked 192 For vehicles 189 Popcorn, peanut, candy, tamala, stands 210 Merry-go-rounds 214 Peddlers and solicitors 217 Transient dealers 221 Clairvoyants, palmists, etc 225 Billiard, pool, etc., tables 227 Bowling alle3^s 22(7 Shooting galleries 227 Livery, boarding, stables 231 Street vendors 234 Junk dealers . - 236, 237 Employment, intelligence, offices 243 Circus, show, etc 253 Second-hand stores 258 Pawnbrokers 267 Hucksters, peddlers, of foodstuffs 279 Skating rinks 285 Dancehalls 290 Auctioneers 313, 314 INDEX. 201 Hotel solicitors 322 Hotisemovers 346-348 Master plumbers 356 Liquor dealers 394 Tax on electric poles and wires 379 Fees, collections of 156 Licensed Vehicles 196 Fares and charges of ‘ 200 Tags, -price cards, required 201 Police authority over 204 Stands of, how designated 205 Liability of owners of 207 Required to aid at fires 588 Drivers of, duty as to baggage left over 202 Refusal to carry passenger or baggage 203 Falsehood, deception by 206 Penalties relating to 208 Licenses. City clerk issue, collect fees 33 Revocation of 191 Who subject to 193 How signed, sealed 194 Conditions of 195 Transfer of 255 For electrical wiring, apparatus 695-699 For use of water * 118-128 Terms of 118 Applications for ■. . . . 119,120 Rates and charges for 121 Regulations for 122 Refund of, allowed when 126 Warrants for refund 128 Lieutenant. Fire department, salary of 177 Light. Electric, poles and wires, license tax on 378-382 Heat and power franchises — see appendix pp. 3-39. Lighting Machines. Gasoline vapor, requirements... 622 Limitation. Of actions relating to public improve- ments 815 Linemen. Fire department, wages of 177 Liquor. Intoxicating — see intoxicating liquor. Livery Stables. Water rates for 121 Hydraulic elevators in, water rates for 121 Licensing of 230-232 Rules of the road to be posted in 515 Location of, where prohibited 756 Vehicles on sidewalks at 757 Condemned as nuisance when 758, 1058 Vehicles of, washing on sidewalk 757 Lodge Rooms. Water rates for 121 Lodging Houses. Water rates for 121 Hydraulic elevators in, water rates for 121 Loitering. On walks, in doorways, etc 495 Lost Property. Chief of police keep record of 433 Notice and sale of 433 Lots. Fees for survey of 730 In additions, selling when permitted 849 202 INDEX. Weeds and rubbish on, removal 917 Assessment of owners of for removal of weeds.. 918 Loud Noises. Disturbance 494 Lunch Rooms. Water rates for 121 Macadamizing. Guarantee of 767 Machinist. Fire department, salary of 177 Magistrate. — See police magistrate. Mains. Water, right of city to shut off water 137 Tampering with, penalty 138 Connections with, tapping, permits T09 Excavations for, who may make no Malicious Mischief 563 Manure. In streets, alleys, vacant lots 1021 Nuisance, when, regulations 1061 Map. Of addition to city 848,852 Market. Public, established 1160 Master, make rules of market 1161 Collect fees 1162 Bond of 71 Salary of 177 Qualifications of 971 Approve applications for huckster license.... 279 Master Plumber. License, bond, of 356 Material. List of, each department make 165 Bids for, advertisement, reward 166 Mayor. Duties of,.. ' i May call special meetings of council 3 Designate commissioners of depar^tments 6 Salary of, payable monthly 84 Account, in water department 103 All officers report to, when 85 Audit payrolls, accounts, water department 102 Suspend, remove, officers, employes 102 Purchase supplies water department 102 Appoint superintendent, assistants, etc 104, 106 Grant abatements of water rates 125 Order meters installed 133 Remove employes 178 Duties of, as to public dances 303 . Appoint special patrolmen * 430 Grant licenses to carry weapons 495,501 Measles 975 Report of, to health department 998 Period of quarantine for,. 999 Meat Market. Regulations 1140 Inspection of 1140 Market, cleaning of 1141 Of overheated animal 1145 Medical Advertisements. Certain, prohibited 533 Meetings of Council 2, 3 Members of Council. Salaries of, payable monthly.. 84 Membranous Croup 975 Report of to health department 998 Period of quarantine for 999 Menageries. Licensing of 253,254 INDEX. 203 Meningitis 975 Report of to health department 998 Merchants. Keeping stores open on Sunday 568 Merry-go-rounds. License of 213, 214 Messenger-call Service. Tax on poles, wires, of 379 Electrical permits not required of, when. . 689 Meters. Water, required where 133 Regulations for 133 Rates 134 When meter fails to register 135 Beyond city limits, charges for 134 Tampering with 138 Midwife. Duty of to report births 986 Milk. Cream, etc., license for sale of, required 1116 Bringing into city, license for required 1116 License, applications for 1116 Investigations 1116 Fees for 1116 Expires when 1116 Must be posted in place where sold 1117 Number of and name on vehicles 1117 On cans, etc 1117 Wagon, sign on 1125 Cans, bottles, cleaning of, reglations 1118 Must be sealed 1119 Inspection of 1120 Inspectors of 1121 Test, standard of purity of 1122 Skimmed, test of 1124 Impure, diluted, adulterated 1125 Condensed, evaporated 1126 Sale of in original packages only 1129 Delivery of to quarantined houses 1130 From diseased cows 1132 From cow before and after calving 1133 From cows not tuberculin tested 1134 Sale of before inspection and permit 1135 Bottles, measures, etc., inspection of 1172 Minor. Selling liquor to 406 Employment of, in selling liquor 407 Under fifteen, out at night 545,546 Vaccination of . 1013 Under eighteen, not allowed in billiard hall 228 At public dance . . .*. 297 Mischief. Malicious 563 Misconduct. In office, removal for 87 Misdemeanors. General penalty for 492 Money Lender. Liable as pawnbroker, when 273 Morphine. Sale of 988 Motorcycle. Owner, driver, operator of, license of. . . 357, 366 Speed regulations of 358 Passenger on in front of driver 523,524 In Cheyenne park 556, 557 Lights on 367, 368 Motormen. On streetcars, weather shield for 955 204 INDEX. Motors. Water rates for 121 Motorvehicles. Definition of 361 Owner of, obtain license ; 361 License of operators and drivers of 358 In canons, parks, etc 363 Operating without license .. 364 Tampering with of another 3,65 Mules. In parks 936 Sale of in streets 898 Mumps 985 Report of to health department 998 Period of quarantine for 999 Nernst Lamps. How classed 699 Nitroglycerine. Handling and storage of 677-686 Noncompetitive Employments ' 10 Nuisance. Committing in certain places 535 Livery stable a, when 758 Bringing into city 1062 What constitutes 1065 Smoke is, when 1070, 1071 Decaying animal matter is.... 1057 Stable, chicken yard, etc., is, when 1058 Cellar, vault, drain, etc., is, when 1060 Stable manure is, when 1061 Nuisances. Common law applicable to, when 1063 Duty of police concerning 427 Abatement of by health officer 974 Duty of health officer 1056 Expense of, how collected 1056 Complaints of to health officer 1064 Abatement of on notice 1065 Summary 1066 Poultry yards are, when 1068 Carpet cleaning establishments are 1069 Obscene Offenses. Books, pictures, shows 530 Exhibitions, behavior, advertisements, etc., posting of 532-534 Obstruction. Of ditch, pipeline 143 Obstructions. On sidewalks, streets 889-907 Offense. Several penalties for same, attorney elect... 75 Offenses. General penalties for 492 And penalties, concerning the public peace 492-504 Safety of person and property 505-531 Rules of the road 517 Public morals and decency 530-543 Children 544-547 Ways, parks, cemetery 548-557, 936 Public and private property 558-563 Sunday _ 564-573 Gunpowder, other explosives 677-686 Building regulations 752-759 Livery stables, etc. . 759 Garages ' 763 Construction of sidewalks 845 INDEX. 205 Additions to city 855 Traffic on certain streets 859-866 Excavations in streets 867-876 Use and care of streets 878-897 Fire apparatus 593-600 Fire hydrants 601-604 Electrical wiring, etc 7^5 Billboards 928 Parks 936 Trees and forestry 937-948 Public library 950-952 Public service corporations 954~97o Health officer, etc 974-984 Physicians, pharmacists, etc 985-997 Quarantines, vaccination 998-1016 Sanitary regulations 1019-1034 Burials, disinterments 1027-1036 Garbage 1047-1050 Dead animals 1051-1054 City dumps 1055 Nuisances 1056-T072 Plumbers 1076 Plumbing inspector 1079-1083 Sewers 1098 Vaults, cesspools, etc 1103-1110 Inspection, sale, of milk ; . . .- 1116-1130 Dairies, etc 1131-1139 Meat markets, etc 1140-1142 Pure food, etc 1143-1155 Markets 1163 Weights and measures 1164 Obstructions on sidewalks, etc 889-907 Office. Buildings, water meters in certain required... 133 Hours in city hall 82 Officer. Delivery property, etc., to successor 86 Misconduct, removal, of 87 Impersonating an 440 Wearing uniform, star of 441 Resisting an 443 Duty of citizens to assist 444 •Free transportation of 446 Officers. Duty of in protecting water works 141 Monthly statements, financial reports of, to auditor 158-160 And employes. Salaries of, when payable...' 84 Report to mayor when 85 Offices. Water rates for 121 Omnibus Drivers. Police control of 545 Opera Houses. Water rates for 121 Opium. Sale of 988 Joints 535 Keepers, inmates, of 543 Owner of building occupied by 543 Orchards. Irrigation of for profit 153 2o6 index. Ordinances. How pleaded 52 Construction of 73 Repeal of, effective when 74 Repealed, not revived by repeal of repealing 77 Penalty incurred before, not affected 78 And regulations of water department, violations of 146 Palmists. Licensing of. . 223-225 Paper, Straw, Etc. In streets, etc 619,620 Park Rules and Regulations 936 Park Commission. Members of in unclassified service 9 Bond of secretary of .• 71 Powers of not affected 948 Regulations. . . . 936 Parks. Superintendent of 10 Injuring trees, flowers, etc. in 552-936 Molesting buildings, tools, in 552. Turning animals into 552 Placing refuse in 552 Birds and nests in 553 Acquisition of lands for 929-933 Campfires in : 936 Bills, advertisements, signs, in 936 Defacing buildings, bridges, etc., in 936 Erecting buildings, tents, in 936 Selling merchandise in, permit 936 Carriages, burros, etc., in 936 Charges, fares, of 936 Offensive conduct in 936 Spitting in 1019 Special ordinances relating to — see appendix pp. 160-162. Parkways. Beyond city limits, acquisition of 929-933 Patrol. Of streams, water sheds 145 Patrolmen. Salary of 177 Special, mayor appoint , 430 For special duty * 432 Suspension, removal of 434 Patrol Wagons. Right of way of 451 Paving. Contracts for 767 Of alleys, remonstrance, objections 772 Pawnbroker. Licensing of 265-277 Bond of. 266 Keep record 268 Peanut. And candy stands, license, location, of 209-21 1 Peddlers. Of foodstuffs, licensing of 278-283 And solicitors, licensing of 216-218 Of drugs and medicines 997 Scales, measures, used by 1170 Of junk 236, 237 Penalty. Wihen none specially provided 71 Penalties. — see offenses and penalties. Personal Injuries. Officers, detectives, to report .. 448,449 City physician examine, report ^ 978 Personation. Of firemen 589,590 Petroleum Products. Handling, storage, of 629-677 Leaking of on streets 913,914 INDEX. 20 '/ Pharmacist. Registration of 9^5 Sale of poisons by 98S Pharmacists. Register of in health department 998 Pharmacy. Prescription, license of to sell liquor.... 385-418 Liquor license fee of 394 Owner of permit to conduct 398 Liquor sold by without license 403 Restrictions on selling liquor by 405-407 Photograph Establishments. Water rates for 121 Physician. Speeding automobile, motorcycle 357 Physicians. Registration of in health department/^. . . . 985 Duty of to report births 986 To report deaths 987 To report certain diseases 998 Register of, contain what 997 Picture. Obscene, posting, exhibiting 534 Pigeon-hole Table. Bagatelle. Licensing of 226-229 Pigeons. At large 1067 Pigs. Keeping prohibited 1059 Pikeview Reservoir. Fishing in 555 Pipe. Quality, weight, of .’ 1084 Joints, plumbing regulations regarding 1084 Pipes. Lead, quality of no And fixtures, water, owners keep in repair 112 Access to premises to examine 136 Pipeline. Water, obstruction of 143 Pistol. Discharging 505 Pit. Or vault, leaving open 519 Foreman, water department, wages of 177 Pitch and Tar. Boiling, permits for 613 Planning Commission. City established 25 How constituted v 26 Powers of 27 Duties of 28 Matters for consideration of 29 Plats of additions submitted to 30 Expenses of 31 ^Members of. compensation.. 31 Vacancies, how filled 26 Playground Commission - 88-96 Plays. Immoral prohibited 530 Pleading. Ordinance 52 Pleasure Grounds. Acquisition of lands for 929-033 Pledge. Pawnbroker must insure 274 Receiving from minors, drunkards 275 Plumber. Service pipes must be installed by 115 Must be licensed 106 Make report when service pipe installed 115 Master license and bond of 356 Notify inspector when work ready 1083 Penalties relating to 1098 Plumbers. Board of examiners of, created 1073 Examinations by 1074 Compensation of members of 1075 Plumbers and Gasfitters. Examinations of 1074 I INDEX. 208 Plumbing. Plans for 1078 In building, examination of 1080 Report on by plumbing inspector 1080 Duty of owner of building 1080 Work, doing without certificate, penalty 1076 Permit for required when 1083 Application for 1083 Uncovered until inspected 1083 Inspection of, how made 1085 Certificate of approval of 1085 Definition of 1086 Approval of in buildings having basement iioi, 1102 ' Regulations 1084 Inspector, bond of 71, 1077 Qualifications of ; 973, 977 Member board of examiners of plumbers T073 Position of created 1077 Appointment, bond, of 1077 Powers and duties of 1078 Right of to enter buildings 1079 Examine plumbing in building when 1080 Compensation, salary of 168, 1081 Assistants, appointment of 1082 Approve plans, etc., for plumbing 1083 May stop plumbing work when 1083 Issue special permits when 1084 Issue certificate of approval when 1085 Inspections by, how made 1085 Is superintendent of sewers 1087 Pneumonia 975 Report of to health department 998 Poisons. Sale of regulated 988 Poles. In streets and alleys, permit for 969 Posting bill, advertisements, on 971 And wires, injuring 970 Electric, inspection of 378 License tax on 379 Police. Chief of — see chief of police. Department established 420 Manager of commissioner of public safety is. . 421 Subordinate officers and members of 429 Rules and regulations of to be made 430 Secretary of 436 Members of to aid firemen 439 False impersonation of 440 Free transportation of 44b Receiving gifts, rewards 452 Assessed for relief fund 458 Fined by relief fund board 462 Entitled to sick benefits 466 Relief of total disability 467 When totally disabled 468 Dependents of in case of death 469 Retirement of . . . 470 Retired, assigned to duties 471 INDEX. 209 Impound animals 480 Duties of, as to rules of the road 515 Force execute process of police court 48 Salaries of members of I 77 Divisions and districts of 428 Rules and regulations of, how made 429 Maximum consists of 437 Powers, duties, of members of 438 Misconduct of members of 450 Officers, Duties of, in protecting water system. . 141 Uniform, star, whistle 441 And patrolmen, suspension and removal of. . ^34 Captain 435 Sergeant, may take bail, when 54 Patrol wagons, right of way of 451 Control of hacks, cabs, drays, etc 445 Alarm sj-’stem, city electrician charge of 688 Department relief fund rewards paid to 452 Created, administered 454 Court, created . 41 Action in on civil service ordinance 22 Commenced how 53 Summons, warrant, when 53 Council furnish supplies of 43 Jurisdiction of 44 Process of, how executed 48 Rules of, magistrate make 50 Sessions of 51 Bail in 54.55 Defaults in, proceedings on 56 Continuances in 57 Fines, commitments, in 58 Judgments of, how enforced 58 Witness fees in 61 Costs in 62 Subpoena in . . 63 Appeal from 67 ^fagistrate. Appointment of 42 Pro tempore 42 Subject to removal 41 Qualifications of 45 Compensation of 46, 177 Bond of T 49. 71 Powers of . . 50 Examine Complaints 51 Issue summons, warrants 51 Take bail 54 Fees taxed by 63 Pay moneys to treasurer daily 64 Pay fees to witnesses 64 Fines, costs, must be paid to 65 Monthly reports of 66 May practice law, restrictions 69 Duties of 63 14 210 INDEX. Policemen. Special, without pay 9 Other employes appointed as 431 False impersonation of 440 Duty of as to excavations in streets 447 Policemen’s Relief Fund Board — see relief fund. Pollution of Waters I42 Pool Tables. Licensing of . 216-229 Poor Persons. Abatement of water rates to 125 Popcorn Stands. Licensing of 209-212 Porch. Over sidewalk 880 Posting Bills, Etc. Where 878 Poultry. Running at large 1067 Yards and buildings 1050,1068 Nuisance when 1068 Crates, coops, dimensions prescribed 1142 Sanitary regulations of 1142 Pound. Keeper of the, assigned to department of pub- lic safety 419 Duties of 480, 488 Compensation, perquisites of 487 Under charge of chief of police 479 Charges for keeping animals in 481 Breaking open, penalty 485 Obstructing taking up of animals 485 Taking animal to wrongfully 486 Poundmaster. Bond of 71 . Powder Magaine. Prohibited where 478 Power Houses. Water meter required for 133 Electric, poles and wires for, tax on 378-382 Prescription Pharmacy — see pharmacy. Prescriptions. Of physicians, sale of poisons on 988 Who make contents of 989 Open to inspection 990 Fraudulent, fictitious 9Qi False statement in 992 Price Cards. For licensed vehicles 201 Printing. Charge and supervision of 156 Prisoners. Personal effects taken from 424 Privies. Cleaning of 974 Privy Vaults IT03 Process. Of police court, style of 47 Who may execute 48 Profane Language 497 Profiles of Additions to City 75 .U 755 Promotions. In classified civil service 14 Property. Books, etc., officer deliver to successor.... 85 Of city, inventories of 17T Recorded by auditor 172 T.ost, stolen, etc., record of 433 Damage to by accident. Duty of chief of police.. 448,449 Public, offenses affecting Private, injury to 563 Caring for on Sunday 569 Prospect Lake. Fishing in 555 Prostitute , . . . . 537 INDEX. 21 1 Protection. Of water works 146 Public Buildings. Supervision of 72S Cuspidors required in 1019 Dances and dance halls 288-308 Terms defined 288 Licenses for 289,290 Inspection of premises 291 Licensee of dance hall 293 Permits for dances 294-297 Minors attending 297-299 Inspector of dance halls 300 Forms of applications, etc 301, 302 Intoxicants at 303 • Posting dance hall license 305 Rules for, penalties 306-308 Grounds, supervision of 728 Halls, safety appliances in 750 Improvements, control and supervision of 728 Contracts for how authorized 164.765 Local authorized by ordinance 766 Contracts and assessment of costs, procedure for 767 Apportionment of assessments for 768 Taxation of railways* for 769 Cost of at street intersections 770 Public property assessed for 771 Contracts for sidewalks 775~78o Certificate of assessment for 790 Assessments for a lien 793 Illegal, proceedings 793 Costs of, assessment roll for 794 Assessments for, when due 795 How payable 796 Installments, payable when 797 Failure to pay 798 Discount of 799 ■ Default of, sale 800 Ownership of property assessed for 801 Collections of assessments for, by county treasurer 802 Special assessments for '. . . . 803 Bonds and warrants for 804-806 Tax sale for cost of 807 Petition for 808 Remonstrance against 809 Contract for how let 810 Terms of 81 1 Connection with mains required 812 Description of property affected by.' 813 Publication of notice relating to - 814 Limitation of actions relating to 815 Library established 949 Wrongful taking of books from 950 Failure to return book to 951 Injury to books and property of 952 212 INDEX. Fines paid to use of 953 Places, drinking intoxicants in 409 To be kept sanitary 971 Spitting in 1019 Scales, charge of 971 Service corporations, examination of 156 Supervision of 954, 970 Works and property, commissioner of designated. 6 Powers and duties of 728 Quarantine. Duties of health officer relating to 975 Notice of tearing down, mutilating 975 How established 999 Release of 1001 Expense of, by whom paid 1003 Quarantined House. Delivery of milk to 1130 Rabbitries. Health officer may permit 1059 Railroads. Water meters required for 133 Police officers carried free by 446 Engines, cars, of obstructing fire department 583 Franchises granted to — see Appendix pp. T04-132. Crossings of. flagmen, gates, at 959-964 Duties of railway companies at 965 Engines approaching, ring bell 967 Speed of trains at 967 Trains stopping on 967 Railway. Street, tax on poles and wires of 378-382 Companies, taxed for public improvements 769 See streetcar, street railway. Ranches. Irrigation of for profit, from ditches 153 Rates. For use of water, how fixed 99 Schedule of 121 Abatement of, when authorized 125 Records. Received in evidence 80 Reforestation. Of* watersheds 945 Refuse. Throwing, on streets, etc 1021 Regulations. For use of water 99 Of water department, enforcement of 146 Relief and Pension Fund. Fire department — see fire department. Fund. Police department 454-476 Created, administered how 454-457 Assessments for 458 Custodian of 459 Warrants on 460 Benefits of, who entitled to 461 Fines imposed, collected 462 Sources of revenue for ; ^63 Money of. kept in fund 464 How invested ^65 Sick benefits 466 Benefits, for total disability 467,468 To dependents 469 Prorated, when 472 Exemption of 473 Board, legal adviser of 474 INDEX. 213 Board report to mayor and council 475 Powers reserved to council 476 Removal. Of officers for misconduct 87 Of police officers and patrolmen 434 Rentals. From public utility corporations 156 Repairs. Of water mains, shutting off water for 137 Repeal. Of ordinance, takes effect when 74 Of repealing ordinance, effect of 77 Effect of on accrued rights, liabilities 78 Reports. To mayor by all officers when 85 Reservoirs. Pollution of 142 Enclosures of. entering 144 Irrigation, control of . . 147 Bathing in 533 Residences. Water rates for 121 Resisting Officer 502 Restaurants. Water rates for 121 Intoxicating liquors in 408 Solicitors for 3IQ-33I Revenue. Commissioner of finance certify amount re- quired 156 Monthly statements of to auditor 158 Rewards. Earned by police officer 452 Rinks. Skating 280-287 Riot. Special patrolmen in time of 430 Riotous Conduct 494 Road-roller Men. Wages of 177 Roads and Driveways. Beyond city limits 929-933 Rodmen. Salary of 177 Rooming Houses. Water rates for 121 Solicitors for 319-331 Roster. Civil service 16 Rubbish. Leaves, etc., burning of 610 And weeds, removal of 917 Within fire limits 549 In streets, etc • 549 In parks 552 Rules. Of construction of ordinances 73 Of the road 5n-5i5 And regulations of health department 979 Runners. For hotels, etc 319-331 Sabbath. Observance of Saturday as . 570 Safety. Public, powers of commissioner of 419 Department of, employes in, how appointed 419 Commissioner of manager fire department...... 575 Salaries. Of city employes, schedule of 177 Payable when 179 How fixed, provided for 83 Payable monthly, semi-monthly 84 Of mayor as commissioner 103 Saloon. Water rates for 121 Sandtraps 1098 Sanitarium. Water meter for 133 For exclusive treatment of tuberculosis, etc 1022 INDEX. 214 Sanitary regulations Inspection, annually, l)y health department Scaffolds. And platforms, for building, safety of Scalemen. Assigned to health department Scales. Public charge of City designated Testing of Scarlet Fever Period of quarantine for Report of Scarletina Report of Period of quarantine for Scavenger. License of to clean grease traps Application and bond for Regulations for School District. Property of assessed for public im- provements Schools and Colleges. Water rates for Meters required for Attendance of in cases of communicable disease.. Vaccination of pupils attending Tubercular persons may not teach Seal. Corporate, of city, established Custodian of Second-hand Stores. Licensing of, regulations Secretary. Or park commission, bond of Of police department Sergeant. Police, salary of Service Pipe. Connections, permits Depth, to be laid Owner of provide stopcock... Supplying different premises . . .. Plumbers only may install Discontinuing connection of Tampering with 1027 1017 520 971 971 1176 1181 975 999 998 975 998 999 1096 1096 1096 770 121 1 33 1002 1014, 1015 1018 81 33 257-264 71 436 177 109 III 113 114 T15 116 138 Sewer. Tampering with 559 Systems, districts and subdistricts 779, 781 Private, when a nuisance 1060 Inspector, under supervision commissioner public health 971 Connections, permits for 1088 None but plumber may make 1089 Sizes, changes, etc 1090 With gutter, cesspool, etc., prohibited 1091 With basement fixtures 1099-1102 Sewers. Construction, right of way for 780 District, and laterals 782 Cost of, apportioned 783 Temporary connections with 784 Private, restrictions, regulations 785 Construction of not subject to remonstrance 786 Extensions 787 Connections, not permitted until cost paid 788 INDEX. 215 * Assessments for, when illegal 789 Certificate of 79<> In additions to city 857 Superintendent of, powers and duties of 1087 Applications, permits, to connect with 1088 Who may uncover or open 1089 Injury to, notice to plumbing inspector 1092 Refuse in not permitted 1093 See plumbing; plumbing inspector. Shavings. And other combustible materials 61 1 Sheep. Running at large 478 Shooting. On lakes, reservoirs 142 Galleries, licensing of 226-228 Shows. Licensing of 253,254 Sidewalk Contractors. License and regulations of . . . . 351-354 Sidewalks. Sprinkling, running water on 551 Water in pools on 882 Leaving irrigation boxes on, uncovered 883 Riding, driving on 886 Snow on 887-908 Washing of on certain streets 909 Obstructions on . 889-907 Merchandise on 889-891 Coalhole in, how covered 892-894 Vaults under, covering of 895 Construction of 896 Spitting on 1019 Laying of, street grade for 730 Contracts for 767-775 Construction of 775 Cost of, how apportioned 776 Outside sidewalk districts 777 Must conform to grade 778 Curbs and gutters 820-846 Must conform to grade 820 What portion of street is ' 821 Position of 822 Width of on certain streets 823-830 Not determined where 833 Specifications for construction of 841 Under construction. Barricades, lights 843 Of concrete, in certain districts 845 Of flagstone 846 Signs. Electric, permits for 689 Attaching to buildings 878 Removal of 879 Sink. A nuisance when 1060 Sinks. Examinations of by health officer 974 Skating Rinks. License and regulation of 284-286 Where lewd persons resort 538 Slaughter Houses. Water meter required for 133 Regulations concerning 1141 Animals in yards of 1141 Inspection of 1141 Smallpox 975 2i6 INDEX. Report of to health department 998 Quarantine period for 999 Persons infected with, bringing to city 1007 Vaccination for. . . . 1011,1012 Smoke. . Gases, vapors nuisance when 1070 Permitting, penalty 1071 Duty of mayor concerning 1072 Snow. On sidewalk 887 Removal of from walks and gutters 908 Soda Fountain. Water rates for 121 Soilpipes. Regulations for 1084 Soliciting. By lewd women . 537 Solicitors. Business — see business solicitors. For hotels, etc., license, regulations, of 319-328 And peddlers, license, regulations 216-218 South Cheyenne Canon. Road in 936 Specifications. For public improvements 767 Speed Regulations. For streetcars 954 Spitting. In public places 1019 Sports. On Sunday 564 Sprinkling. Water rates for 121 Regulations 130 Wasteful 131 On sidewalks 551 Carts, water rates for 121 Stable. Nuisance when 1058 Manure, nuisance, regulations 1061 Dairy, daily cleaning required 1131 Stables. Boarding, livery, veterinary, water rates.... 121 Licensing of 230-232 Stairs. Outside, over sidewalk ' 880 Star. Of police officer, unauthorized wearing 441 Steam Boilers. Water rates for 121 Stenographer and Clerk. Department public works, salary of 177 Stolen Property. Police record of ' 433 Sale of 433 Stone-throwing. ’In street 517 Stopboxes. Separate • 126 Examination of 136 Stopcocks. Water, how furnished, paid for no Charges for in Location, care of 113 Tampering with 138 Plumbing regulations regarding . 1084 Storage. Of gasoline: etc 633, 634 Of gunpowder, etc 677-686 Stores. Business houses, water rates for 121 Hydraulic elevators in, water rates for I2i Open on Sunday 568 Streams. Pollution of 142 Patrol of 145 Street Cars. Catching on when in motion 518 Obstruction of fire department by 583 INDEX. 217 Speed regulations of 956 Shield on to protect motormen 957 Spitting on floor of 1019 Carry police officers free 446 Street Commissioner. Salary of 177 Bond of ... 71 Assigned to department of public works. 728 Term, includes avenues, boulevard, etc 774 Grades, city engineer furnish 730 Intersections, cost of improving 770 What portion of is sidewalk 821 Parking, irrigation of 831 Leaving vehicle in, after dark 888 Railway companies, provide weather shields on cars 955-957 Tax on poles and wires of 378-382 Vendors, license, regulations 233-235 Extensions and openings — see Appendix p. 168. Vacations — see Appendix, pp. 168-176. Street Railway Franchises — see Appendix, pp. 40-94. Streets. Excavations in, duty of policemen 447 Without permit forbidden 548 Regulations concerning 867-877 Control and supervision of . 728 Paving and improvements, contracts for 767 Grading of in additions to city 856 And pavements, protection of 859-866 Traffic restrictions on, in parking districts. . . . 859 On certain streets 861, 863, 865 Rubbish, litter, in 549, 550 Drippings on from automobiles 91 1 Leakings on in conveying oils 913 Obstructions on 889-907 Merchandise, boxes, etc., on 891 Vehicles left on 897 Sales of animals, vehicles, in 898 Conveying poles, long timbers, through 899 Commissioner of public health, sanitary control of 980 Strychnine. Sale of 997 Students. Selling liquor to 406 Subpoena. Police court 63 Summons. Police court 51 Sunday. Billiard halls closed on 228 Closing required of bowling alleys 228 Shooting galleries ^ 228 Skating rinks .* 286, 287 Public dances 295 Shows, theaters 564 Barber shops 564 Certain stores 568 Serving intoxicating liquors on 386 Ball games forbidden 564 Work and labor on, what permitted 567-569 Observance of seventh day as 570 Employes laboring on, penalties 57i, 572 2i8 INDEX. Superintendent. Of cemetery, salary of Bond of Qualifications of Appointment of Duties of Assistants Of sewers, salary of Assistant, salary of Duties of Of streets, duties of, as to excavations Of water works, appointment of Powers and duties of Assistants and subordinates of • Salary of Member board of examiners of plumbers Supplies. Commissioners of departments purchase... Lists of, each department prepare Advertisement for bids for Purchases of, how made Omitted from lists, how purchased Emergency purchases of Bills for purchase of, auditing, warrants How accounted for Of blank books, how procured Surfacing. Contracts for Surgeons. Registration of Duty of to report births Register of Survey. Of additions to city Swearing Swimming. In reservoirs, etc Swine. Running at large Tags. For licensed vehicles Tamale Stands. License of Tapper. Water department, salary of Tapping of Mains Taps. Furnished by city, paid for by applicant Water rates for Tax. On electric poles and wires Sale of property assessed for public improvements Taxation. Amount to be raised by Telegraph. Poles, wires, inspection, supervision of. . License tax on Companies, annual statements and payments by. . Install repair apparatus, etc., without permits Poles of, in streets, consent of council Franchises — see Appendix, pp. 95-98. Telephone Operators. Fire department, salary of “Nickel first” slugs for, use of Poles and wires, inspection, supervision, of License tax on Poles in streets and alleys, consent of council Company, permits not required of for certain work Franchises — see Appendix, pp. 99-103. 177, 1040 71 971 1038 1039 1041 i 7 T 177 1069. 1087 869 104 105 106 177 1073 164 165 t66 167 168 169 170 173 174 767 985 986 997 852, 853 494 142 478 201 210, 211 177 no. III no 121 379 807 156 378 379 380-382 689 969 177 525-527 378 379-382 969 689 INDEX. 219 Theater. Fire drills by employes of 607 Weekly reports by, of fire facilities 609 Stage firemen in . 608 Theaters. And opera houses, water rates for 121 Shows in on Sunday 564 Threatening Language 497 Timber. On city watersheds, sale of 954 Towels. In public places 1025 Toy Pistols 506, 507 Weapohs 508, 509 Trachoma. Physicians to report 998 Traffic. Restrictions within parking districts 859 On certain streets 861-866 Transcripts. Of records and papers, in evidence 80 Transfer Wagon. License of 198 Transient Dealers. Licensing of 220-222 Transportation. Free, of police officers 446 Traps. Plumbing regulations concerning 1084 Treasurer. City, appointment of 156 Bond of 161 Duties of 162 Deputy, council appoint 163 Salary -of 177 Custodian police department relief fund 459,460 Fire department relief and pension fund 711,712 Trees. Branches of over sidewalks 521 Injuring in parks 552 In Evergreen cemetery 554 On premises of another 563 Hitching animals to 560 Shrubs, flowers, in parks, protection of 936 Shipping in, distributing, permits for 937 Permits to plant 938 Planting of 940 Inspection, spraying, removing infected 942 Dead, removal of 943 Abutting owners to plant, care for 944 Trial. In police court 53 By jur3" not permitted 54 Tuberculosis 975 Report of to health department 998 Persons having, not employed in schools 1018 Spitting by, penalty 1019 Institutions for exclusive treatment of 1022 Tunnels. Under pavements 869 Turkeys. Running at large 1067 Turnoff Man. Water department, salary of 177 Typhoid Fever 985 Report of to health department 998 Uniform. Of police officer, wearing, without authority 441 Unlawful Assembly 498 Urinals. Water rates for 121 Plumbing regulations concerning 1084 Usury. By pawnbroker, limit of 272 Vacant Lots. Water rates for 121 220 INDEX. Vaccination. Health department require loii Compulsory 1012 Of minors, duty of parents, guardians 1013 Requisite to admission to schools 1014-1016 Vagrants 510 Vault. Leaving uncovered or unsafe 519 Cleaning, rules governing 1107 Permits for 1109 Cleaners, license of 1106 Vehicles and appliances of *. 1107 Charges of, fixed 1108 Vaults. Examination of by health officer 974 Privy, not permitted where 1103 Vegetables. Unwholesome, decaying 1144 Vehicle. Leaving in street after dark 888 Public, spitting on floor of 1019 Vehicles. Of hackmen, expressmen, draymen. Li- cense of 196 Fares and charges of, fixed 200 Tags, price cards, on 201 Meeting turn to right 51 t In motion seizing, holding to 518 Rules of road governing drivers of Si 5 Washing, on sidewalk 757 Left standing on street or sidewalk 757, 897 Certain, not permitted is parking districts 859 On portion of Cascade avenue 861-872 Tejon street 863,864 Nevada avenue 865, 866 For hire, in parks 936 Vendors. Street, license of 233-235 Venue. Change of, none in police court 44 Ventpipes. Regulations for 1084 Vinegar. Sale, quality of 1147 Vitriol. Handling and storage of... 677-686 Wagons. Spilling contents on streets 550 Wall Anchors 743 Walls. Of buildings, thickness of 739 Wards. Boundaries of, established 79 Warrant. For arrest, may be issued when S3 Warrants. Emergency, water department loi On treasurer, how drawn, regulations 158 For public improvements 804-806 Wastepipes. Regulations for 1084 None but plumbers may lay 1089 Water Rights of Way — see Appendix pp. 133-159. Water. Impure, sale of 1143 Not supplied to house unless numbered 127 Use of to stop at alarm of fire ^ 132 Meters — see meters. Right to shut ofif, for connections or repairs 137 City not liable for failure to supply, when 137 Turning on, without permission 138 Taking from fireplugs 139 INDEX. 221 . System, injuring, defacing, any part of 140 Protection of, duty af officers 141 Pollution of streams belonging to 142 Entering enclosures of 143 Closets, water rates for 121 Plumbing regulations regarding 117, 1084 Bonds 100 Commissioner, bond of 71, 107 Appointment of 107 Duties of 108 Compensation, salary of 108, 177 Under supervision of superintendent " 108 Assess water rates when 121 Collect water rents 123 Turn off water when 123, 126 Charge of for turning on water 129 Closets, must have self-closing valves 117 Connections, permits, requirements 109 Consumers of, regulations 99 Fixtures, repair of 112 For irrigation superintendent has control of 147 Inspectors, salaries of 177 Licenses, terms of 118 Applications for 119 Contents of 120 Rates and charges for 121 Regulations for 122 Mains, tapping of no And pipes, tampering with 138 Pipes, in additions to city 857 , Electrolysis of 958 Rates, how fixed 99 How assessed and collected 108 Schedule of 121 By meter 134 Abatements of, mayor may grant 125 Refund of 126 Warrants for 127 Seals, regulations concerning 1104 Sheds, patrol of 145 Sale of timber on 945 Reforestation of 945 Superintendent, bond of 71 Duties and compensation of 105 Cause patrol of streams, etc 145 Control of ditches, etc 147 And waterworks, mayor commissioner of 6 Department of an entity ' 97 Revenue of, how applied 97 Commissioner of 98 Emergency warrants of loi Employes distributed to 102 Right of access to premises 136 Salaries of 177 Account in, salary of mayor 103 222 INDEX. Waters. Obstruction of Ways. Public, control and supervision of Weapon. Carrying concealed License to carry, mayor may grant Weed Removal Fund Weeds. And rubbish, removal of Cost of removing Assessment of, not to prevent fine Weighers. Licensing of : License fee for Council grant license to Licensed, -weighing by done personally Certificate of weight by False certificate by, penalty Substituting, for another Altering certificate, penalty Out of city, license of Certificates of weight by Drivers must have certificate Tickets issued by False weights by Weighing. Done outside ctiy limits In city Weighmaster. City, bond of ' Salary of ^ Appointment of * Duties of Certificates of, what to contain Keep cashbook Fees of Keep scales in condition Compulsory weighing by False certificate of weight by Weight. Certificate of, drivers must have Dealer must furnish . . Weights and Measures. Enforcement of ordinances relating thereto -r- Inspection of Selling, by inspector, penalty Condemned when Official standards of . Used by peddlers Fraudulent For dairy products Defective Must be exhibited to inspector Whooping Cough Report of to health department Wires and Cables. Cutting by house mover Overhead, location of, distance between Woman. Employment of in selling liquor Seeking employment, sending to immoral place.. Words and Phrases. Definitions of 143 728 501 501 919 917 918 920 1182 1183 1184 1185 1188 1186 1187 1189 1195-1197 1198 1199 1200 1202 1 1 95-1 203 1185-1193 71, 1178 168, 1177 1177 1177 1177 1177 1179 1181 1191 1194 1192 1193 1164, 1169 1165 1166 1168, 1180 1170 1171 1172 1173 1174 975 1000 348-350 698- 407 246 73