363-01731 M351 r 1904 50 % '. . -■ v %ii %;■■■ fit: 5---i f~- 11 \ '.: '/$•• ✓ ■ -:'' ■ '- v. ''ssS/. s/Ss, s 4///* ^ vv,»/> . '■* -'V"> •>//'•■■ '.''^ • UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN ILL HIST. SURVEY .*' 3 ' '■' I I Revised Ordinances OF THE CITY OF MARSEILLES, LA SALLE COUNTY, STATE OF ILLINOIS. REVISED AND CONSOLIDATED PETER M. MacARTHUR, Member of LaSalle County Bar. PUBLISHED BY AUTHORITY OF THE CITY COUNCIL. 1904. 355-0773 M 351 y I'joUr CITY OF MARSEILLES, ILLINOIS. Incorporated April 21, 1891, under an Act entitled “An Act to provide for the Incorporation of Cities and Villages.” Approved April 10, 1872. * HISTORY OF MARSEILLES, ILLINOIS. Compiled by Mary D. MacArthur. The many advantages offered by the Grand Rapids of the Illinois River were appreciated by the Indians from time imme¬ morial. The long portage rendered necessary by the Rapids gave an advantage over hostile invaders not readily overcome with the primitive weapons then used. And when to this natural defense was added the unfailing presence of game attracted by the many salt licks near, one can readily under¬ stand why perpetual settlements were made by Indians near the Rapids. White men were prompt as the Red in seizing Nature’s gift, and a fort built on the island gave such control of the country as to be of great strategic value to the strong-hold erected at Starved Rock. This early occupancy of the land re¬ sulted in the clearing by the river so convenient for the early settlers. The first of these in the present limits of Marseilles was William Richey, who came in 1831. Where one led many fol¬ lowed, and in 1832 Ephraim Sprague built a dam across the mouth of a bayou near the present site of the head gates, and aided by a wing dam in the river, secured power sufficient for the successful operation of a saw mill, the first improvement of the Grand Rapids of the Illinois River. Lovel Kimbal came in 1834, saw the great importance of the unequaled water power, and immediately began to acquire possession of property adjacent to the river. So forceful and energetic was he, that in a short time he attained his desired object, and became the first proprietor of the water power. Roderick Clark, the next owner of the water power, came in 1853. His public spirited management of the immense power, as well as his friendliness to the railroad, indicated by gift of land on which to place the depot, drew residents to the west end of the town, which place for many years in consequence was called Clarktown. His son, John F., inheritor of his father’s 6 History of Marseilles. indomnitable energy, now president of the Marseilles Wrapping Paper Company, has eontinued his father’s policy, thus materi¬ ally assisting the rapid growth of the manufa turing interests of The Lowell of the West. The water power has since been in the possession of Bird Bickford, Wm. E. Hawks, Ferdinand Schumacher and W. D. Boyce, the present owner, who has greatly enlarged and improved the power by new head gates and races, and has con¬ structed a new concrete dam which spans the river from bank to bank at great cost, thus securing in Marseilles a permanent and stable water power and one of the finest in the west. The charter of the Land & Water Co. was obtained in 1867 by Roderick Clark, who with 0 . W. Young and Isaac Underhill, organized the Land & Water Power Co. Lovel Kimbal, the first postmaster, was appointed in 1835. His hat, at first, was the usual repository of the few letters ar¬ riving. Increased prosperity was indicated by the necessity of a small wooden box with a few pigeon-holes to accommodate the greater bulk of the mail. The list of postmasters to date (1904) is here given: Lovel Kimbal, John Richey, Albert Butterfield, D. H. Slagle, appointed in 1866, and holding until the appoint¬ ment by Cleveland in 1886, of Ebenezer Barber, A. L. Stone P. M. MacArthur and S. S. Thompson. 1836 was known as the great emigration year, owing to Kimbal’s wonderful energy in advertising Marseilles in the east. The Marseilles Manufacturing Company, chartered in 1836 with Lovel Kimbal and A. D. Butterfield on the board of directors, secured the plat of the town which had been recorded in 1835. This company put on a stage line to accommodate the traveling public in 1836. The creek in east Marseilles, then called Richey’s creek, was such an obstacle to travel during spring floods as to delay the stage for hours or even a day at a time. The stage line forded the river at a place a trifle east of the present bridge, and continued to Ottawa on the south side of the river. The fording was readily made on the darkest night, the safe road showing dimly white through the water, from the constant friction of the rocky bed by the wheels of the many passing vehicles. The first hotel, located on what is now the northeast corner History of Marseilles 7 of the crossing of Orange avenue and Bluff street, was kept by A. D. Butterfield in 1836, and so great was the tide of travel in that year, that he often used to take in twenty-five dollars a day for meals and lodging. The breaking of land for the canal this year greatly increased the influx of strangers. In 1836 Mrs. Gum, a widow, with her children came to Marseilles. Of the one hundred and fifty inhabitants of that date, Allen S., her youngest son, is the only one living in Marseilles. The first frame house was built on the west bank of the creek in east Marseilles on the south side of the Morris road, and is now standing a monument to the durability of work done in those early times. The erection of a large grist mill which exceeded anything of that kind then in the United States, was completed in 1841. It had eight run of 52-inch stones and nine water wheels. It was destroyed by fire in 1842. Owing to legal technicality no insurance could be collected, but Kimbal bravely began to replace the mill, setting up a saw mill among the ruins, and taking power from the uninjured water wheels to run the saws used for making the lumber. Before this mill was rebuilt, however, the dam went out, and the Marseilles Manufacturing Company, unable to survive this additional disaster, broke up. Kimbal never tried to do anything more with the power, and died in 1848 of the cholera. The Jennings saw mill, which also contained one run of stone, was put in operation by means of a wing dam on the south side of the river, near the south end of the bridge. This was some time between 1844 and 1854. The first loaded boat, A. J. Hobart, captain, came to Otta¬ wa through the canal in 1842. Its cargo reduced the price of lumber from sixty to thirty dollars per thousand. Scott & Harrington met the increased demand of the new settlers by opening a general store in 1849, previous to which W. W. Richey had kept a stock of goods more suited to the needs of his Indian patrons than the white families of the vicinity. The first school was opened in a log house built on the ridge near the crossing of the present Clark and First streets. The Chicago & Rock Island Railroad was built in 1852. 8 History of Marseilles. Albert Butterfield was the first agent, and the receipts for the first year were two hundred dollars. Richard Hughes started from Youngstown, Ohio, in 1848, in search of coal, reports of which in the Illinois valley were made by some of the early explorers. Stopping some months in Chicago it was not until 1849 that he continued his search down the valley. Coal was found first at Channahon, but he decided on further research, and continued on his exploration till Mar¬ seilles was reached. Finding trees of coal in Richey’s now Gum’s ravine, he decided to locate here, and opened a mine in 1849. His first contract for mining coal was made in 1850 with Dr. Daniel Ward. This was the first coal mined in the State of Illinois. The first bridge over the Illinois was commenced in 1865, swept out by an ice gorge in 1866, but immediately replaced by a much better one, completed in 1867. Being the result of pri¬ vate enterprise, the public were required to pay toll until 187.., when the village and township of Fall River bought the bridge, and it was opened free to general travel. The Universalist Church, organized in 1859 with J. M. Day as pastor, was the first church in Marseilles. The first lodge in Marseilles was Juniata Lodge, I. O. O. F., organized in 1856. The first newspaper was published in 1866. It was called the Marseilles Gazette, and A. St. Clair was editor. The first dam across the river was swept out by a freshet and replaced before 1841. The dam now (1904) in course of construction, takes the place of one commenced in 1866 by D. Hurd, still a resident of the city, and completed in 1867 by James Bratton. The Marseilles Manufacturing Company, then composed of A. Adams & Sons, whose lease for water power bears date of June 11, 1867, began work on their buildings in that year. This is the oldest business establishment in the city, and the rectitude and integrity of their business dealings have always an influence for good in the community. The First National Bank was organized in 1871 by Dow & Tillson. W. A. Morey and F. T. Neff are respectively president and cashier. Marseilles was first plated as a town in 1835. It was or- History of Marseilles. 9 ganized as a village under special charter from the legislature in 1856. It was reorganized as a village under the general laws of the State relating to cities and villages in 18—. It became a city in 1891 and John R. Galloway was the first mayor. That one may compare the town of 1835, containing no hotel or store even, with the Marseilles of 1904 and its four thousand inhabitants, lighted by electricity, furnished with water works, having an interurban line and telephone, and thus realize what the passage of sixty-nine years has done for Mar¬ seilles, a list follows of present business enterprises: seven churches, three school buildings, city hall, Masonic Temple, two hotels, one National bank, business college, opera house, three cigar factories, laundry, three livery stables, two lumber yards, six grain elevators, machine shop and foundry, concrete brick and hollow stone works, patent models and expert machinists shop, Marseilles Mfg. Co., Marseilles Harrow Mfg. Co., Howe & Davidson Co., W. D. Boyce Paper Mills Co., Crescent Paper Co., Marseilles Wrapping Paper Co., Marseilles Coal Mining Co., two daily and two weekly newspapers, and stores and mercantile establishments covering almost all lines of trade. CITY OFFICERS. From the Incorporation of the City to the Year 1904. 1891. John R. Galloway, Mayor. ALDERMEN. First ward.F. M. Johnson, W. B. Worthingham Second ward.G. W. Smith, J. M. Fleming Third ward.O. P. Thurber, J. M. Taylor C. L. Stinson, Clerk; H. D. Osgood, Attorney; C. N. Ward, Treasurer. 1892. John R. Galloway, Mayor. ALDERMEN. First ward.*W. B. Worthingham, James Lyle, J. L. Drake Second ward . G. W. Smith, A. L. Trager Third Ward.O. P. Thurber, S. T. Osgood C. L. Stinson, Clerk; H. D. Osgood, Attorney; / C. N. Ward, Treasurer. 1893. John R. Galloway, Mayor. ALDERMEN. First ward.James Lyle, R. T. Harrington Second ward..A. L. Trager, J. M. Fleming Third ward.S. T. Osgood, B. A. Roath C. L. Stinson, Clerk; John C. Foie} 7 , Attorney; Charles Brier, Treasurer. 1894. John R. Galloway, Mayor. ALDERMEN. First ward.John R. Clark, R. T. Harrington Second ward.A. L. Trager, J. M. Fleming Third ward .J. M. Grantham, B. A. Roath C. L. Stinson, Clerk; J. C. Foley, Attorney; Charles Brier, Treasurer. ♦Resigned. 11 12 OFFICERS. 1895. G. W. Smith, Mayor. ALDERMEN. First ward.....Henry Dawell, John R. Clark Second ward.A. S. Gum, A. L. Trager Third ward.H. B. McKahin, J. M. Grantham Robert Smith, Clerk; J. C. Foley, Attorney; John H. Galloway, Treasurer. 1896. G. W. Smith, Mayor. ALDERMEN. First ward ..G. W. Hessling, W. M. Churchill Second ward.J. J. Jamieson, A. S. Gum Third ward..F. P. Tisler, L. M. Davison Robert Smith, Clerk; J. C. Foley, Attorney; John H. Galloway, Treasurer. 1897. E. J. ¥/ard, Mayor. ALDERMEN. First ward.G. E. Hessling, W. M. Churchill Second ward.A. J. Gum, J. J. Jamieson Third ward...F. P. Tisler, L. M. Davison O. P. Clark, Clerk; D. A. Nicholson, Attorney; John H. Galloway, Treasurer. 1898. E. J. Ward, Mayor. ALDERMEN. First ward.W. M. Churchill, G. W. Hessling Second ward.H. B. McKahin, A. J. Gum Third ward...J. H. Cowles, F. P. Tisler O. P. Clark, Clerk; D. A. Nicholson, Attorney; John H. Galloway, Treasurer. 1899. G. C. Stebbins, Mayor. ALDERMEN. First ward.Eli Monnett, W. M. Churchill Second ward.H. B. McKahin, J. E. Bond Third ward.Augustus Adams, J. H. Cowles O. F. Howland, Clerk; D. A. Nicholson, Attorney; F. L. Butterfield, Treasurer. OFFICERS 13 1900. G. C. Stebbins, Mayor. ALDERMEN. First ward.E. J. Ward, Eli Monnett Second ward.M. S. Nicholson, J. E. Bond Third ward.J. Id. Cowles, Albert Dean O. F. Howland, Clerk; D. A. Nicholson, Attorney; F. L. Butterfield, Treasurer. 1901. * G. C. Stebbins, Mayor. ALDERMEN. First ward...Eli Monnet, E. J. Ward Second ward.J. M. Howard, M. S. Nicholson Third ward ..J. H. Cowles, Albert Dean G. C. Nelson, Clerk; H. D. Osgood, Attorney; J. II. Galloway, Treasurer. 1902. G. C. Stebbins, Mayor. ALDERMEN. First ward...Eli Monnett, Arthur Moore Second ward.......J. M. Howard, R. D. Felt Third ward .J. H. Cowles, Albert Dean G. C. Nelson, Clerk; H. D. Osgood, Attorney, J. H. Galloway, Treasurer; Peter M. MacArthur, Corporation Counsel. 1903. William H. McIntyre, Mayor. ALDERMEN. First ward.....J. E. Towns, S. P. Deming Second ward.......R. D. Felt, R. T. White Third ward...J. H. Cowles, E. R. Spencer **A. C. Bateman, Clerk; *W. A. Morey, Attorney; L. J. Kerns, Treasurer. 1904. William H. McIntyre, Mayor. ALDERMEN. First ward.... ...S. P. Deming, Eli Monnett Second ward .R- T. White, Iver Iverson Third ward .E. T. Spencer, John H. Cowles William Whitfield, Clerk; J. A. Holmes, Attorney; L. J. Kerns, Attorney. *Resigned; J A. Holmes elected to fill vacancy. **Resigned; William Whitfield elected to fill vacancy. RULES AND ORDER OF BUSINESS OF THE CITY COUNCIL OF THE CITY OF MARSEILLES, ILL. The following rules of procedure and order of business shall be invariably adhered to by the city council, unless the same be temporarily suspended by unanimous consent. RULE i. At the appointed hour for the meeting, the mayor or, in his absence, the mayor pro tern, shall take the chair and call the council to order. The city clerk or some one appointed to fill his place, shall proceed to call the roll of mem¬ bers, marking the absentees, and announce whether a quorum be present. Upon the appearance of a quorum the council shall proceed to the business before them, and the same shall be con¬ ducted in the following order: ist. The reading of the minutes of the proceedings of the last meeting, amendment and approval of the same. 2nd. The presentation of petitions. 3rd. Reports of city officers. 4th. Reports of standing committees. 5th. Reports of special committees. 6th. Communications to the city council. 7th. Unfinished business of preceding meeting. 8th. Motions, resolutions and notices. 9th. New business not otherwise provided for. RULE 2. All questions relating to the priority of business shall be decided without debate. RULE 3. The mayor shall preserve order and decorum, and shall decide all questions of order, subject to an appeal to the city council; and shall conduct all business before the coun¬ cil with fairness and impartiality, to a speedy and proper result. RULE 4. Every member, previous to his speaking, shall rise from his seat and address the mayor, but shall not proceed with his remarks until recognized and named by the chair. RULE 5. When two or more members rise at once, the mayor shall name the member that is first to speak. 15 16 RULES AND ORDER OF BUSINESS RULE 6. While a member is speaking, no member shall entertain any private discourse or pass between him and the chair. RULE 7. No member shall speak more than twice to the same general question; nor more than once to a “previous ques¬ tion,” without leave of the city council; nor more than once on any question, until every member choosing to speak shall have spoken; nor longer than five minutes at any one time. RULE 8. A member called to order shall immediately sit down, unless permitted to explain. If there be no appeal, the decision of the chair shall be conclusive; but if a member appeal to the city council from the decision of the chair, the city coun¬ cil shall decide the question without debate, and the question to be put shall be: “shall the decision of the chair be sustained?” RULE 9. Every member who is present when a question is stated by the mayor, shall vote thereon, unless he be excused by the city council, or unless he be directly interested in the question, in which case he shall not vote. RULE 10. While the mayor is putting the question or de¬ ciding a point of order, the members shall be seated; and no member shall leave the council chamber without permission from the council. RULE 11. No motion shall be debated or put unless it be seconded, and when a motion is seconded it shall be stated by the chair, or if it be in writing it shall be read aloud by the clerk before debate or vote thereon. RULE 12. If the question in debate contains several dis¬ tinct propositions, any member may have the same divided. RULE 13. When a question is under debate, no motion shall be received, unless for the “previous question,” “to post¬ pone indefinitely,” “to adjourn to a certain day,” “to lay on the table,” “to amend,” or to adjourn the city council. RULE 14. A motion for the previous question, to lay the question on the table or to commit it, until it is decided, shall preclude all amendments and debate of the main question; and a motion to postpone a question indefinitely or to adjourn to a RULES AND ORDER OF BUSINESS. 17 certain day, shall, until it is decided, preclude all amendments to the main question. RULE 15. The “previous question” shall be as follows: “Shall the main question be now put?” If it is carried its effect shall be to bring the council to an immediate vote, first upon the amendments, if any, upon the inverse order of their age, then upon the main question. If the previous question shall not be carried, the question may be resumed the same as if the previous question had not been put. RULE 16. When a blank is to be filled and different sums or times are proposed, the question shall be first upon the largest sum and the longest time. RULE 17. When amendments are offered to any question before the city council, the vote shall first be taken on the amendment last proposed. RULE 18. If any member request it, the ayes and nays upon any question shall be taken and entered upon the minutes. RULE 19. In all cases when a resolution or motion shall be entered on the minutes of the city council, the name of the member moving the same shall be entered upon the minutes. RULE 20. The election of any member of the city coun¬ cil to the chair, during the temporary absence of the mayor, shall not deprive such member of his vote as alderman of the ward he represents, and no vote shall be deemed carried unless by a majority of the aldermen present. RULE 21. All reports of committees shall be addressed to the “Mayor and City Council of the City of Marseilles.” RULE 22. No person not a member of the city council shall be permitted to address the same, except by consent of a majority of the members present. RULE 23. “Roberts’ Rules of Order” shall govern the proceedings of the city council, except when in conflict with the foregoing rules. / GENERAL ORDINANCES OF THE City of Marseilles, Illinois. AN ORDINANCE REVISING AND CONSOLIDATING THE GENERAL ORDINANCES OF THE CITY OF MARSEILLES, ILLINOIS. WHEREAS, It is expedient that the general ordinances of the City of Marseilles be revised and consolidated and arranged in appropriate chapters and sections, and that the whole be made as clear and concise as possible; therefore, Be it Ordained bv the City Council of the City of Marseilles, Illinois: CHAPTER I. THE MAYOR AND HIS DUTIES. Section 1. 2 . 3 . 4 . 5 . 6. 7 . 8 . 9 . 10 . 11 . 12 .. 13 . 14 . 15 . The mayor—his qualifications. Taking oath and giving bond. Enforce ordinances—preside at meetings. Vacancy. Appointment of city officers. Supervise conduct of officers. Removal of officers—disapproval. Ordinances—approval—veto. Sign commissions, contracts, etc. Power to examine records. May release prisoners. May dismiss any suit pending in any Justice Court in which the city is plaintiff. Additional duties. Mayor pro tem. Salary. Section 1. The mayor—his qualifications. The mayor shall be the chief executive of the city of Marseilles; he shall be a citizen of the United States, a qualified elector, reside within the city limits, and shall hold his office for two years and until his successor is elected and qualified. Sec. 2. Taking oath and giving bond. The mayor, before entering upon the duties of his office, shall take and sub¬ scribe the following oath or affirmation: 21 22 Mayor. I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of Mayor of the City of Marseilles, Illinois, according to the best of my ability. Which oath or affirmation, so# subscribed, shall be filed in the office of the clerk; and shall execute a bond to said city in the penal sum of three thousand dollars, with such sureties as the city council shall approve, conditioned for the faithful per¬ formance of the duties of the office. Sec. 3. Enforce ordinances—Preside at meetings, etc. The mayor shall devote so much time to the duties of his office as a faithful and efficient discharge thereof may require; he shall see that all ordinances of the city are duly enforced; he shall preside at all meetings of the city council, but shall not vote except in case of a tie, when he shall cast the deciding vote; he shall preserve order and decorum at all meetings of the council, and shall generally do and perform all acts and things which are enjoined upon him by the laws of the State of Illinois and the ordinances of the city of Marseilles. Sec. 4. Vacancy. Whenever a vacancy shall occur in the office of mayor on account of death, resignation, removal from the city, or other cause, if the unexpired term be one year or over, it shall be filled by election, and the clerk shall give notice of such election as required by law and ordinance govern¬ ing special elections; if such unexpired term is less than one year, the city council shall elect one of its members to act as mayor, who shall thereupon possess all the powers and duties of the mayor until the next annual election and until his successor is elected and qualified. Sec. 5. Appointment of officers. The mayor shall ap¬ point by and with the advice and consent of the city council, all officers of said city whose appointment or election are not otherwise provided for by law; and whenever a vacancy shall occur in any office, which by law or ordinance he is empowered or required to fill, he shall, at the next regular meeting of the city council, occurring not less than five days after such vacan¬ cy, communicate to the city council the name of his appointee to such office, and pending the concurrence of the council in such Mayor. 23 appointment, he may designate some suitable person to dis¬ charge the functions of such office. Sec. 6. Supervise conduct of officers. The mayor shall supervise the conduct of all officers of the city and see that they faithfully and efficiently discharge the duties of their re¬ spective offices; he shall inquire into all reasonable complaints made against them, and cause all their neglects or violations of duty to be promptly corrected; and he shall, in case he becomes satisfied that an officer wilfully neglects or violates his duty, cause such officer to be prosecuted and punished; and he shall, from time to time, give the council such information relative to the affairs of the city as he may deem proper, and recommend for their consideration any measures he may deem expedient, tending to the well-being, security or improvement of the city. Sec. 7. Removal of officers — disapproval. The may or shall have the power to remove any officer appointed by him on any formal charge whenever he shall be of the opinion that the interest of the city demand such removal; but he shall re¬ port the reasons for such removal to the city council at a meet¬ ing to be held not less than five days nor more than ten days after such removal, or if the city council by a two-thirds vote of all its members authorized by law to be elected, by ayes and nays to be entered upon its records, disapprove of such re¬ moval, such officer shall thereupon become restored to his office from which he was so removed; but he shall give new bonds and shall take a new oath of office. No officer shall be removed a second time for the same offense. Sec. 8. Ordinances—approval, veto. The mayor shall carefully inspect all ordinances passed by the council and affix his official signature to such as he may approve, and return them to the city clerk within ten days after their passage; and all or¬ dinances passed as aforesaid which do not meet his approval, he shall return to the city council with his objections thereto in writing at the next regular meeting of the council, occurring not less than five days after the passage thereof. Such veto may extend to any one or more items or appropriations contained in any ordinance or to the entire ordinance; and in case the veto extends only to a part of such ordinance the residue thereof shall take effect and be in force; but in case the mayor shall 24 Mayor. fail to return any ordinance with his objections thereto by the time aforesaid, he shall be deemed to have approved of such or¬ dinance and the same shall take effect accordingly. Sec. 9. Sign commissions, contracts, etc. The mayor shall sign all commissions, licenses, permits and warrants granted, issued or drawn by the order of the city council, or au¬ thorized by the ordinances of said city; in all contracts where the city is a party, lie shall sign the same on behalf of the city, and it shall be his special duty to see that the other contracting party faithfully complies with the contract, and in all suits where the city is a party, it shall be the duty of the mayor to advise with and assist the law officers of the city in prosecuting or defending the same, as the case may be. Sec. 10. Power to examine records. The mayor shall at all times have the power to examine and inspect the books, rec¬ ords and papers of any agent, employe or officer of the city. Sec. 11. May release prisoners. The mayor may release any person imprisoned for violation of any city ordinance and shall report such release with the cause thereof to the council at its first session thereafter. Sec. 12. May dismiss suit pending in Justice Court in which city is plaintiff. The mayor shall have the power to in¬ struct the city attorney or the corporation council of the city to dismiss any suit or proceeding pending or in the course of trial in any justice or police court, where the city is plaintiff. Sec. 13. Additional duties. In addition to the above duties the mayor shall perform all such other and further duties pertaining to his office as are or may be required of him by the laws of the State of Illinois or the ordinances of the City of Marseilles. Sec. 14. Mayor pro tern. During the temporary absence or disability of the mayor, the city council shall elect one of its members to act as mayor pro tern, who during such absence or disability shall possess the powers and shall discharge the duties of mayor. Sec. 15. Salary. The mayor shall receive as salary three dollars per meeting, to be paid in quarterly installments in lieu City Clerk. 25 of all other compensation, perquisite or benefit in any form whatever. CHAPTER II. CITY CLERK. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21 . 22 . 23 . 24 . 25 . 26 . City clerk—his qualifications. Oath and bond. Office—office hours. Ex-officio city collector—duties. Collector’s annual report. Collector not to detain money—penalty. Keeping minutes—serving notices. Corporate seal and certified copies of papers. Record ordinances. Publish ordinances. Deliver papers to committees and officers. Prepare official papers. Appoint deputy. Notice of election or appointment of officers. General supervision—charge of papers. Report estimates—aggregate income and liabilities. Record of bonds. Record of licenses. Account of city revenues. Annual report. May require claimant to make oath. List of warrants—how signed. Record of elections and appointments. Keep records—turn same over to successor. Other duties. Salary. Section 1. City clerk—his qualifications. The city clerk shall be a citizen of the United States, a qualified elector, reside within the city limits, and shall hold his office for two years and until his successor is elected and qualified. Sec. 2. Oath and bond. The city clerk, before entering upon the duties of his office, shall take the oath as nearly as may be in the form prescribed herein for the mayor, and shall exe¬ cute a bond to the city of Marseilles in the penal sum of six thousand dollars, with sureties as may be approved by the city council, conditioned for the faithful performance of the duties of his office as city clerk and city collector and the payment of 26 City Clerk. all moneys that may be received by him according to law and the ordinances of the city; which bond shall be filed with the city treasurer. Sec. 3. Office—office hours. The city clerk shall keep his office at the city hall, where all public business relating to the city shall be transacted. Sec. 4. Ex-officio city collector—duties. The city clerk shall be ex-officio city collector and shall perform all duties of the city collector as fixed by law or the ordinances of the city in addition to his duties as city clerk. As city collector he shall preserve all warrants which are returned into his hands, and shall keep separate books and ac¬ counts showing accurately all money received by him, when, from whom, and on what account received, and when turned over to the city treasurer. Such warrants, books and all papers pertaining to his office shall, at all times, be open to the inspec¬ tion of and subject to the examination of the mayor, or any member of the city council. He shall weekly pay over to the city treasurer all moneys collected by him from any source whatever, taking and filing such treasurer’s receipt therefor. Sec. 5. Collector’s annual report. As such city collector he shall annually, between the fifteenth and twenty-fifth of May, submit to the council a statement of all moneys collected by him during the year, the particular warrant, special assess¬ ment or account on which collected, the balance of moneys un¬ collected on all warrants in his hands and the amounts turned over by him each week to the city treasurer. The city clerk shall publish the same, as hereinafter required to be done in re¬ gard to the annual report of the city treasurer. Sec. 6. Collector not to detain money—penalty. The city collector is hereby expressly prohibited from keeping any moneys of the city in his hands, or in the hands of any person or corporation to his use, beyond the time of one week, and any violation of this provision will subject him to immediate re¬ moval from office. Sec. 7. Keeping minutes—serving notices. The city clerk shall attend all meetings of the city council and shall keep in a suitable book, to be styled the “RECORD OF THE CITY City Clerk. 27 COUNCIL," a full and faithful record of its proceedings. Me shall issue and cause to be served upon the mayor and all aider- men notices of all special meetings of the city council. Sec. 8. Corporate seal and certified copies of papers. The clerk shall keep the corporate seal, to be provided under the direction of the city council, and all papers belonging to the city; and copies of all papers duly filed in his office, and transcripts from the records and files of his office, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the originals were produced. Sec. 9. Record ordinances. The clerk shall record and properly index in a book kept for that purpose, all the ordi¬ nances passed by the city council, and at the foot of the record of each ordinance so recorded, he shall make a memorandum of the date of the passage and of the publication of such ordinance, which record and memorandum, or a certified copy thereof, shall be the prime facie evidence of the passage and legal publication of such ordinances. Sec. 10. Publish ordinances. The clerk shall cause all ordinances passed by the city council, imposing any fine, penalty, imprisonment or forfeiture or making any appropria¬ tion, to be published once, and that 'within thirty days after their passage, in such public newspapers printed in such city, as the city council shall designate, and shall file and preserve in his office one or more copies of every ordinance so published. Sec, 11. Deliver papers to committees and officers. The city clerk shall, without delay, upon the adjournment of each meeting of the city council, notify the chairman of each committee of all matters referred to this committee at such meeting, and shall upon demand, deliver to each chairman and the officers of the city, all petitions, communications, reports, resolutions, orders, claims and other papers referred to his com¬ mittee or such officers by the council. He shall also, without delay, deliver to the mayor all ordinances or resolutions in his charge, which require to be approved or otherwise acted upon by the mayor. Sec. 12. Prepare official papers. The city clerk shall prepare all commissions, licenses, permits and other official doc- 28 City Clerk. uments required to be issued by him under the laws or ordi¬ nances of the city, and shall attest the same with the corporate seal; and he shall in like manner attest all deeds for the sale of real estate owned and conveyed bv the city. Sec. 13. Appoint deputy. The city clerk may, when necessary, at his own expense, upon the approval of the mayor, appoint a deputy, who, during the temporary absence or dis¬ ability of the city clerk, shall be empowered to perform all the duties of the clerk; and the city clerk shall be held responsible for the fidelity of such deputy. Sec. 14. Notice of election or appointment of officers. It shall be the duty of the clerk, within five days after the result of the election is declared or the appointment is made, to notify all persons elected or appointed to office of their election or ap¬ pointment, and unless such person shall respectively qualify in ten days of such notice, the office shall become vacant and the city clerk shall so report to the city council. Sec. 15. General supervision—charge of papers. The city clerk shall exercise a general supervision over all city officers charged in any manner with the receipt, collection or disbursement of corporation revenues, and the collection and return of all such revenues into the city treasury. He shall have the charge, custody and control of all deeds, leases, war¬ rants, contracts, bonds, obligations, vouchers, books and papers of every kind, the custody of which is not herein given to any other officer. Sec. 16. Report estimates—aggregate income and liabili¬ ties. The city clerk shall, on or before the fifteenth day of May, before the annual appropriations are made, submit to the finance committee or the city council, a report of the estimates as nearly as may be of moneys necessary to defray the expenses of the corporation during the current fiscal year, and for the purpose of making such report, and he is to request of all offi¬ cers their statements as to the condition and expenses of their respective offices and apartments with any proposed improve¬ ments, and the probable expense thereof, all contracts made and unfinished and the amount of any and all unexpended ap¬ propriations of the preceding year. He shall, in such report, show the aggregate income from all sources during the preced- City Clerk. 29 ing fiscal year, the amount of liabilities outstanding upon which interest is to be paid, the bonds and debts to be paid during the current year; and in such report he .shall give such other infor¬ mation to the said finance committee as he may deem necessary, to the end that the said committee may fully understand the money exigencies and demands upon the corporation for the current year. Sec. 17. Record of bonds. The city clerk shall keep in his office in a book or books kept expressly for that purpose, a complete list of all the outstanding bonds of the city, showing the number and amount of each, for what and to whom such bonds were issued; and when any city bonds are purchased, paid or cancelled, said book or books shall show the fact; and in his annual report he shall particularly describe the bonds sold during the year and the terms of sale. Sec. 18. Record of licenses. The city clerk shall keep in his office a book or books kept expressly for that purpose a com¬ plete list of all licenses and permits issued by the city, with the names of the licensees, the purpose for which each license or permit was issued and the date of its issue and its expiration, and where a bond is required, the amount of the bond and the names of the sureties thereon. Sec. 19. Account of city revenues. The city clerk shall keep in a neat and methodical manner, a complete set of books in which shall be kept a detailed account of the city revenues, and of each separate fund, crediting the same with all receipts or appropriations, and charging it with all warrants drawn thereon, and he shall charge each warrant to the fund or appro¬ priation against which it was drawn. He shall also keep an ac¬ curate account of all debts due from or owing to the city, and shall keep a correct list of all notes or other obligations given by or payable to said city, with the date thereof, the person to whom or by whom payable, the rate of interest, the time and manner in which the principal and interest are payable, and such other particulars as may be necessary to the full understanding thereof. Said books and all other contracts, bonds, deeds, warrants, vouchers, receipts and other papers kept in said office shall be subject to the examination of the mayor or any member of the city council. 30 City Clerk. Sec. 20. Monthly report. It shall be the duty of the city clerk to make a report to the city council at the first regu¬ lar meeting in each month of the exact condition of each fund or appropriation, setting forth the amount of each fund or ap¬ propriation, the total amount which has been used or expended thereof, and the balance, if any, which is subject to be drawn upon, and whenever any fund or appropriation is exhausted, the city clerk shall, without delay, notify the city council thereof, and he shall not thereafter draw any warrant against such fund or appropriation until the same shall be renewed. Sec. 21. May require claimant to make oath. For the purpose of ascertaining the exact amount and nature of any claim presented against the city, the city clerk shall be autho¬ rized to require any claimant or claimants to file with him a statement in writing under oath as to any fact, matter or thing concerning the correctness of such claim. Sec. 22. List of warrants—how signed. The city^ clerk shall keep in a suitable book, an accurate account of all war¬ rants drawn upon the city treasurer, showing the date, number and amount of each, and the name of the person in whose favor drawn; and he shall take the receipt of every person for the warrant upon the delivery thereof. All warrants drawn upon the city treasurer shall be signed by the mayor and countersigned by the city clerk, and shall specify therein the particular fund or appropriation to which the same is chargeable, and the person to whom payable; and no money shall be otherwise paid than upon such warrants so drawn. The city clerk shall preserve all warrants returned to him. Sec. 23. Record of elections and appointments. The city clerk shall keep a record of the election or appointment and confirmation of all officers of the city, and said record shall be so ruled and headed that the same shall exhibit the name of the officer, to what office elected or appointed, the date of the elec¬ tion or appointment, and the date of deaths, resignations, re¬ moval or expiration of term of office. Sec. 24. Keep records—turn same over to successor. The city clerk shall carefully preserve in his office all books, City Treasurer 31 records, maps and effects of every description belonging to the city, or appertaining to said office, and not in actual use and possession of other city officers, and upon the expiration in any way of his official term he shall, on demand, deliver all such books, records, papers, maps and effects to his successor in office. Sec. 25. Other duties. In addition to the foregoing duties, the city clerk shall perform all such other and further duties pertaining to his office, as are or may be imposed upon him by law or resolution of the council. Sec. 26. Salary. The city clerk shall receive an annual salary of one hundred and fifty dollars, to be paid in quarterly installments, in full for his services as city clerk and city col¬ lector, in lieu of all other compensation, perquisite or benefit in any form whatsoever. CHAPTER III. CITY TREASURER. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . Treasurer—his qualifications. Oath and bond. Receive money—keep accounts—give receipts. Warrants. Keep special assessment funds separate. Shall not use city funds. Report delinquent officers. Method of keeping books—open to inspection. Monthly statements—register of warrants. Annual statement. Salary. Section 1. Treasurer—his qualifications. The city treas¬ urer shall be a citizen of the United States, a qualified elector, reside within the city limits, and shall hold his office for two 32 City Treasurer. years and until his successor is elected and qualified ; provided, that no person shall be elected to the office of city treasurer for two terms in succession. Sec. 2. Oath and bond. The city treasurer before enter¬ ing upon the duties of his office, shall take the oath as nearly as may be in form prescribed herein for the mayor, and shall exe¬ cute a bond to the city of Marseilles in the penal sum of ten thousand dollars, with such sureties as will be approved by the / city council, conditioned for the faithful performance of the duties of his office, and the payment of all moneys received by him according to law and the city ordinances. Sec. 3. Receive money—keep accounts—give receipts. The city treasurer shall receive all moneys belonging to the city and shall keep a separate account of each fund or appropriation and debts and credits belonging thereto. He shall give to every person paying money into the city treasury a receipt therefor, specifying the date of payment and upon what account paid; and he shall file copies of such receipts at the date of his monthly report. Sec. 4. Warrants. All warrants drawn upon the city treasurer must be signed by the mayor and be countersigned by the city clerk, stating the particular fund or appropriation to which the same is chargeable and to whom the same is payable; and no money shall be otherwise paid than upon such warrants so drawn, except as provided by law. Sec. 5. Keep special assessment funds separate. All moneys received by the city treasurer on any special assessment or special tax shall be held by him as a special fund, to be applied to the payment of the improvement for which such special assessment or special tax was made, and said money shall be used for no other purpose whatever, except to reim¬ burse the city for money expended for such improvement. Sec. 6. Shall not use city funds. The city treasurer shall keep all moneys in his hands belonging to the city separate and distinct from his own moneys, and he is hereby expressly pro¬ hibited from using either directly or indirectly the city moneys or warrants in his custody or keeping for his own use and bene¬ fits or that of any other person or persons whomsoever; and any City Treasurer. 33 violation of this provision shall subject him to immediate re¬ moval from office by the city council; in which case his succes¬ sor shah be appointed, who shall hold his office for the re¬ mainder of the term unexpired of such officer so removed. Sec. 7. Report delinquent officers. It shall be the duty of the city treasurer to report to the city clerk any officer au¬ thorized to receive money for the use of the city who may fail to make a return of the moneys received by him at the time re¬ quired by law or by the ordinances of the city. Sec. 8. Method of keeping books—open to inspection. The city treasurer shall keep his books and accounts in such manner as to accurately show all moneys received and disbursed by him for the city, from whom anti on what account received and to whom and on what account paid out, and in such way that such books and accounts shall exhibit at all times the true financial condition of the city, and in such manner as may be readily investigated and understood; and the same together with files and papers of his office, shall at all times be open to examination by the mayor, city clerk or any member of the city council. Sec. 9. Monthly statements—register of warrants. The city treasurer shall, at the first regular meeting in each month, render an account, under oath, showing the state of the treasury at the date of such account, the condition of each fund and the balance of money in the treasury. He shall also accompany such accounts with a statement of all moneys received into the treasury, and on what account, together with all warrants re¬ deemed and paid by him; which said warrants, with any and all vouchers held by him, shall be delivered to the clerk and filed with his said account in the clerk’s office upon the day of such settlement. He shall return all warrants paid by him stamped or marked “paid.” He shall keep a register of all warrants redeemed and paid, which shall describe such warrants and show the date, amount, number, the fund from which paid, and the name of the person to whom and when paid. Sec. 10. Annual statement. The city treasurer shall an¬ nually, between the fifteenth and twenty-fifth of May, make and file with the city clerk, a full and detailed account of all receipts 34 City Treasurer. and expenditures of the city, and of all such transactions as such treasurer during the preceding fiscal year, which statement shall exhibit under separate and appropriate headings, the state of each of the several funds and the balance in the treasury at the close of the fiscal year; which account the clerk shall immedi- ately cause to be published in a newspaper printed in said city. Sec. 11. Salary. The city treasurer shall receive an an¬ nual salary of one hundred dollars, to be paid in quarterly in¬ stallments, in lieu of all other compensation, perquisite or bene¬ fit in any other form whatsoever. 4 City Attorney 35 CHAPTER IV. Section 1. 2 . 3. 4. 5. fi. 7. 8 . 9. 10. 11 . 12 . CITY ATTORNEY. / City attorney—his qualifications. Oath and bond. To prosecute for violations of ordinances. Power to dismiss suits. Appeal. To collect judgments. To turn over money. Annual report. Shall turn over to successor. Employment of deputy. Salary. Repeal. Section 1. City attorney—his qualifications. The city attorney shall be a citizen of the United States and qualified elector and residing within the city of Marseilles, and shall hold his office for two years and until his successor is elected and qualified. Sec. 2. Oath and bond. The city attorney before enter¬ ing upon the duties of his office shall take the oath as nearly as may be in the form prescribed for the mayor, and shall execute a bond to the city of Marseilles in the penal sum of five hundred dollars with such sureties as the council shall approve for the faithful performance of his duties. Sec. 3. To prosecute for violations of ordinances. The city attorney is hereby charged with the prosecution of all actions for the violations of the ordinances of the city, and with the conduct of all proceedings in justice courts; he shall insti¬ tute and prosecute an action in every case where there has been a violation of the city ordinances when instructed so to do by the mayor, city council or any committee thereof, the chief officer of any department of the city government, or upon com- 36 City Attorney. plaint of any other person when, in his judgment, the public interests shall require the same to be prosecuted. Sec. 4. Power to dismiss suits. The city attorney shall not be required to prosecute any suit or action arising under the ordinances of the city when upon investigation of the same he shall become satisfied that the complaint was instituted maliciously or vexatiously and without probable cause, and he shall be authorized to discontinue said suit or proceedings upon such terms as may be just and equitable. Sec. 5. Appeals. An appeal may be taken by the city attorney from the judgment of any police magistrate or justice of the peace to the county or circuit court of La Salle county in any case when, in his opinion, the public interests shall require it, and he shall take such appeal when so directed by the mayor, or city council, but he shall not be required to take charge of or try such case when so appealed, but shall notify the corporation counsel of such appeal being taken, and shall furnish said cor¬ poration counsel with a list of witnesses in the case. Sec. 6. To collect judgments. The city attorney shall cause executions to be issued upon all judgments recovered in favor of the city before police magistrates and justices of the peace and see to their prompt collection. Sec. 7. To turn over money. The city attorney shall turn over all moneys of the city which may come into his hands to the city treasurer within one week after the receipt thereof, and shall take and file said treasurer’s receipt therefor. Sec. 8. Annual report. The city attorney shall annu¬ ally, on or before the first Monday in April in each year, report in writing to the city council a list of all cases disposed of by him during the year, with the disposition made of such cases. He shall also report a list of all cases undisposed of with their then status. If any cases disposed of by him are pending in a higher court he shall so designate in his report. Sec. 9. Shall turn over to successor. Upon the expira¬ tion of his term of office, or resignation or removal therefrom, City Attorney. 37 the city attorney shall forthwith turn over to his successor in office all deeds, leases, papers or books in his hands belonging to the city, together with a statement in writing showing what action, if any, has been taken, in any action or actions pending which under the provisions of this ordinance he is required to prosecute or defend wherein the city is or may be a party, and giving such information as he mav possess with respect to evi¬ dence or witnesses in such action or actions. Sec. 10. Employment of deputy. The city attorney shall, in case of absence or in case of his being unable to attend to the duties of his office, at his own expense, appoint some competent attorney to act in his place, and in such case the city attorney shall be responsible for the official conduct of such at¬ torney so appointed while he is acting for the city. S'SC. 11. Salary. The city attorney shall receive an an¬ nual salary of fifty dollars ($ 50 . 00 ), to be paid in quarterly, installments, and in addition be shall be repaid all expenses actually incurred by him for car fare or otherwise when engaged in the business of the city, and he shall receive no other com¬ pensation, perquisite or benefit whatever. Sec. 12. Repeal. All ordinances and parts of ordinances in conflict herewith are hereby repealed. 38 City Engineer. Section I. 2 . 3. 4. 5. 6 . 7. 8 . 9. 10 . 11 . 12 , CHAPTER V. CITY ENGINEER, Office created. Oath—bond. Time devoted to duties—submit plans and estimates. To superintend all public work—see to execution of all contracts. Inspect all material in all public work—examine all bills and certify to same. Keep books of grades,, etc. Give grades upon request. Preserve all original papers—keep survey book of all sewers. Issue permits for sewer connections. Annual report. Keep all plats. Salary. Section 1. Office created. There is hereby created the office of City Engineer of the- city of Marseilles. The' city engi¬ neer shall be a practical surveyor and civil engineer, and shall be appointed by the mayor, and shall hold office for one year and until his successor is; appointed and qualified. Sec. 2. Oath—bond. The city engineer shall before enter- mg upon the duties of his office, take the oath of office in the same manner and form and as near as may be as that taken by the mayor. He shall execute a bond to the city of Marseilles in the penal sum of one thousand dollars, with good and suffi¬ cient sureties to be approved by the city council, conditioned for the faithful performance of his office. Sec. 3. Time devoted to duties—submit plans snd esti¬ mates. The city engineer shall devote so much time to the dis¬ charge of the duties of his office as a faithful performance there¬ of may require. He shall, when requested by the mayor, the city council or any committee thereof, make out and submit City Engineer 39 plans, estimates, and specifications for public works which may be proposed or rendered by the city council. Sec. 4. To superintend all public work—see to execu¬ tion of all contracts. The city engineer shall superintend the construction of all street pavements, sewers and drains, and when required by the mayor or city council, shall superintend the construction of any other public works of the corporation, and shall see that all such work is properly executed; and if the person or contractor in charge of said work shall fail to execute same in accordance with the contract or specifications therefor, the city engineer shall suspend the work and report the facts to the mayor and chairman of the appropriate com¬ mittee. Sec. 5. Inspect all material in all public work—examine all bills and certify to same. The city engineer shall, when re¬ quired, inspect or measure any lumber, brick or stone or other material to be used in any public work of the city, and if neces¬ sary, shall keep an accurate account of the quantity and quality of the same, the cost thereof, from whom received, and for what purpose used or to be used; and he shall examine all bills for materials so received and inspected by him, and if found correct, shall certify same to the city council for payment. Sec. 6. Keep books of grades, etc. It shall be the duty of the city engineer to keep, in a suitable book to be provided by the city, all grades and a record of all bench marks estab¬ lished by the city council. All entries in said book shall be in ink and the same shall remain in the office of the city engineer and be the exclusive property of the city. Sec. 7. Give grades upon request. It shall be the duty of the city engineer, without charge, to give the grade of any street or alley, on request, to any person desiring to erect any building or enclosure, or to lay any sidewalk, provided that no grade shall be given unless established by ordinance. Sec. 8. Preserve all original papers—keep survey book of all surveys. The city engineer shall preserve the original papers relating to all surveys, grades and boundaries established, 40 City Engineer. and shad otherwise keep a systematic record of all transactions pertaining to his office. He shall prepare and maintain a book in which shall be recorded correct surveys of all public sewers within the city, showing the commencement and termination of each, with its size, depth and fall, and the location and size of all inlets and manholes connected therewith. Sec. 9. Issue permits for sewer connections. Any per¬ son wishing to connect or have connected any private drain or sewer with any public sewer, or sewer built or owned by the city, shall first apply to and obtain from the city engineer a cer¬ tificate in writing setting forth the exact location and size of the inlet where such connection is to be made, or setting forth that no suitable inlet appears of record, and in that case pre¬ scribing the place and size of proposed connection, which cer¬ tificate, together with a sum as directed by the engineer, shall be deposited in the office of the city clerk, who shall thereupon issue a permit to such person to make or have made a connec¬ tion of the size and materials and at the place specified in such engineer’s certificate. Such connection shall be made under the personal supervision of the superintendent of streets, who shall give to such person a certificate setting forth that to his per¬ sonal knowledge such connection was made in accordance with the terms of the permit, and upon the filing of such last men¬ tioned certificate in the office of the city clerk, the said sum as directed by the engineer shall be refunded to such person. Whoever shall violate or shall fail to comply with any of the re¬ quirements of this section, shall be fined not less than five dol¬ lars nor more than twenty-five dollars for each offense. Sec. 10. Annua! report. The city engineer shall annually at the first meeting of the fiscal year, submit to the city council a report showing in detail the public works or improvements undertaken or completed in connection with his department during the preceding fiscal year, and the cost thereof to the city. Sec. 11. Keep all plats. The city engineer shall carefully preserve in his office all plats and records of surveys, and all books, maps and papers pertaining thereto; and upon the ex¬ piration of the term of his office, or his resignation or removal therefrom, he shall promptly deliver to his successor all books, City Engineer. 41 plats, maps, records and effects of every description, belonging to the city and pertaining to his office. Sec. 12. Salary. The city engineer shall receive as salary the sum of five dollars per day for the number of days on duty actually spent in the service of the city, and he shall receive no other compensation, perquisite or benefit whatsoever. 42 Superintendent of Streets. CHAPTER VI. SUPERINTENDENT OF STREETS. Section 1. 2 . 3. 4. 5. 6 . 7. 8 . 9. 10 . 11 . 12 . 13. 14. Office created—term. Oath and bond. Charge of street improvements. Report to mayor—orders. Clean streets—examine sewers. Employ laborers—their compensation—keep time. Supervise tapping of sewers. Purchase implements and materials—mark implements. Keep list of property—turn over to successor. List of sewers—manholes. Account of expenditures—examine accounts. Monthly report. Annual report. Salary. Section 1. Office created—term. There is hereby cre¬ ated the office of superintendent of streets of the city of Mar¬ seilles, and he shall be appointed by the mayor and hold office for one year and until his successor is appointed and qualified. Sec. 2. Oath and bond. The superintendent of streets shall, before entering upon the duties of his office, take the oath as nearly as may be in the form herein provided for the mayor, and shall execute a bond to the city of Marseilles in the penal sum of one thousand dollars with good and sufficient sureties to be approved by the city council, conditioned for the faithful performance of the duties of the office. Sec. 3. Charge of street improvements. The superin¬ tendent of streets shall have charge of the cleaning, repairing and improvement of all streets, avenues, alleys and public grounds (except the public park) in the city, and shall supervise the construction and repair of all sidewalks, and crossings there¬ in; but no improvements or repairs, except as may be actually necessary; shall be made by him without the previous order of Superintendent of Streets. 43 the city council. He shall without delay, cause all breaks in any street, avenue, alley, crossing, bridge, culvert or other un¬ safe place to be repaired, and report the cost thereof to the city council for payment; but when the probable cost of any such repairs shall exceed fifteen dollars, the same shall be made only with the approval of the mayor and the committee on streets and alleys or sidewalks and crossings as the case may be. Sec. 4. Report to mayor—orders. The superintendent of streets shall promptly report to the mayor all violations of ordinances in relation to the streets, alleys, sidewalks, crossings and public grounds which may come to his notice. He shall carry into effect all such orders, general or special, as he may receive from the citv council or mayor; and for any willful neglect or refusal to perform any duty required of him by the law or ordinances of said city, he shall be liable to removal from office. Sec. 5. Clean streets—examine sewers. The superin¬ tendent of streets shall annually, in the spring of the year, cause the streets, avenues, alleys, crossings and public grounds (ex¬ cept the public park) to be cleaned and the gutters opened, and shall, as far as it is practicable, keep them in that condition during the year. He shall, from time to time, examine the sewers, culverts, bridges, sidewalks and crossings and report the condition of the same to the city council, and recommend such improvements or repairs as he may deem necessary. Sec. 6. Employ laborers—their compensation—keep time. The superintendent of streets may employ such number of laborers, teams and wagons as shall be necessary for cleaning and repairing the streets and alleys as herein provided, and for doing such other work as may be ordered by the city council. The superintendent of streets shall oversee and direct the street laborers and workingmen, and require them to work faithfully, and shall keep, in a suitable book, a correct account of their time. Sec. 7. Supervise tapping of sewers. The superintend¬ ent of streets shall supervise all connections of private drains or sewers with the public sewers, and shall see that the same are 44 Superintendent of Streets. made in such manner that no injury is done to such public sewer. Sec. 8. Purchase implements and materials—mark im¬ plements. The superintendent of streets shall procure the necessary implements for performing street labor, or materials necessary for repairs on bridges, culverts and crossings, but he shall make no purchases of implements or materials without making a written requisition to the chairman of the committee on streets and alleys, or sidewalks and crossings as the case may be, and obtaining his order therefor; and when he shall pur¬ chase any implements or materials for the use of the city, he shall promptly report the bill therefor to the city council. He shall cause all implements or tools belonging to the city to be legibly marked or branded with the word “city,” and shall cause them to be properly housed and protected from the weather when not in use. Sec. 9. Keep list of property—turn over to successor. It shall be the duty of the superintendent of streets to keep a correct list of all implements, materials and other property of the city in his charge and possession; and, upon the expiration of his term of office, or his resignation or removal therefrom, he shall deliver said property to his successor in office, taking a receipt therefor, which he shall immediately file with the city clerk, who shall credit him with the same, and charge his suc¬ cessor therewith. Sec. 10. List of manholes—sewers, etc. It shall be the duty of the superintendent of streets to prepare and maintain, in a suitable book, a complete list of all the sewers in the city, built or constructed during his term of office, giving the termi¬ nation and commencement of each, with its size, depth, fall, in¬ lets and when and of what material constructed, and accurately locating all manholes or entrances thereto, and giving such other information in connection therewith as may oe to the in¬ terest of the city; and upon the expiration of his term of office or his resignation or removal therefrom, he shall turn such rec¬ ord over to his successor, taking and filing his receipt therefor with the city clerk. Superintendent of Streets. 45 Sec. 11. Accounts of expenditures—examine accounts. The superintendent of streets shall keep in a suitable book, and in such manner as may be required by the mayor and committee on finance, a plain and accurate account of all expenditures made under his supervision, specifying to whom and for what purposes made. He shall examine all accounts of contractors and other persons for work pertaining to his department or for implements or materials furnished therefor, and, if correct, shall certify the same to the city council for payment. Sec. 12. Monthly report. The superintendent of streets shall at the first meeting of the council in each month, submit his report in writing of all expenditures made under his super¬ vision during the preceding month, specifying the purpose of such expenditures. No account presented or certified by him shall be allowed, or warrant issued thereon, unless it shall clear]y appear thereon to what account or appropriation each item is chargeable. Sec. 13. Annual report. The superintendent shall, annually, at the commencement of the fiscal year, prepare and present to the city council, a report summarizing the work done in his department for the year, and giving a statement of the tools, implements, materials, and other property in his depart¬ ment belonging to the cityq together with such other informa¬ tion and suggestions as he may deem proper to embody in such report. Sec. 14. Salary. The superintendent of streets shall re¬ ceive a salary of sixty dollars per month from April ist to December ist, and from December ist to April ist fifty dollars per month, and he shall receive no other compensation, per¬ quisite or benefit whatsoever. 46 Police Magistrate Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . CHAPTER VII. POLICE MAGISTRATE. Where suits to be brought—complaint. If judgment not paid, what proceeding—form of exe¬ cution— what proviso. Defendant must work out fine. If defendant refuses to work—duty of officer. Superintendent of streets may restrain defendants. How officers to execute writs. Police magistrate and justices to tax costs. Amount of fees allowed magistrate and other officers. City attorney to try suits. Magistrate to act as police court. Magistrates and justices to report quarterly. Penalty for failing to report. When costs not allowed. Section 1. Where suits to be brought—complaint. That the police magistrate and justices of the said city are hereby vested with jurisdiction in all actions, suits or prosecutions brought for the recovery of any fine, forfeiture or penalty under any ordinance, by law or police regulation passed by the city council; and such magistrate or justices of the peace shall have the power to fine or imprison, or both, in their discretion, whenever such discretion shall be vested in them by said act or acts, or any bv-law, ordinance or police regulation aforesaid; such actions, suits and prosecutions shall be commenced and prosecuted in the manner required by the charter; and the acts that have been or may hereafter be passed amendatory thereto. Sec. 2. If judgment not paid, what proceedings—form of execution—proviso. Immediately upon the conviction of any person for any breach of any ordinance, by-law or police regula¬ tion of said city, the police magistrate or justice of the peace shall enter judgment against him for the amount of fine and Police Magistrate. 47 costs of prosecution; and in case the person convicted shall not have sufficient property to pay the amount of costs and fine im¬ posed upon him under this chapter he shall be required to pay the same by manual labor, as provided by the ordinances of said city at the rate of two dollars per day, until such fine or judgment and all costs thereon shall be fully paid; and im¬ mediately upon the rendition of judgment it shall be the duty of the police magistrate, or justice of the peace, to issue an execu¬ tion in the following form as near as may be, to-wit: STATE OF ILLINOIS ') County of La Salle > ss. City of Marseilles. ) The people of the state of Illinois to any constable of said county or to any police officer of said city, greeting: WHEREAS, the city of Marseilles has this day obtained judgment before the undersigned, a police magistrate (or one of the justices of the peace) of the city of Marseilles, against... for violation of an ordinance of said city, for. dollars fine and.dollars costs of prosecu¬ tion, these are therefore to command you to levy fine and the costs of the goods and chattels of the said. t ...within said...and expose the same for sale agreeable to law; and for want of sufficient property wherewith to levy and make said fine and costs, you are hereby commanded to take the body of the said ..and you him safely to deliver to the keeper of the bridewell of said city, and the said bridewell keeper is hereby commanded to receive and safely keep him in custody by virtue hereof and require and compel the said. to labor at manual labor as by the ordinances of said city provided, at the rate of two dollars per day, until the whole amount of such fine and costs are paid, and make return thereof to me. Given under my hand and seal this.day of.. A. D., 19. Police Magistrate or J. P. [L.S.] Provided however, that the justice of the peace or police magistrate before whom the conviction is made, may in his dis¬ cretion, issue an execution directed to any constable of said county, or any police officer of said city, to take the body of the defendant, and in default of payment, that he be confined in the city bridewell or in the county jail until the payment thereof; Provided, also, that no such imprisonment shall ex- 48 Police Magistrate. ceed six months for any one offense. Such persons shall be confined at the rate of one day for each two dollars of said fine or judgment and costs, and may be compelled to labor as pro¬ vided by the ordinances of said city. Sec. 3. Defendant must work out fine. In all cases under this chapter, where the defendant is required to work out his fine and costs on the streets, alleys and sidewalks, the chief of police or other officer having him in custody, shall deliver him, together with the amount due and endorsed on said execu¬ tion and commitment to the superintendent of streets, or the bridewell-keeper, and said superintendent of streets or bridewell- keeper shall require said defendant so delivered to him, to per¬ form the amount of labor required of him by this chapter; and when said person shall have worked out the amount of said fine or judgment and costs and charges, on the streets, as herein re¬ quired, the said superintendent of streets shall thereupon notify the officer thereof, and the said officer shall make return to the police magistrate or justice of the peace of the said execution and commitment, that the judgment is satisfied and the fine and costs are paid by labor on the streets, and said person shall thereupon be immediately discharged. Sec. 4. If defendant refuses to work—duty of officer. Every person who shall refuse to work, or neglect to labor dili¬ gently as above required, at least nine hours per day and until the judgment so rendered against him, or the fine and costs are paid by said labor at the rate of two dollars per da}', shall be taken to the city bridewell of the city of Marseilles, and there kept on bread and water alone until he shall work on the streets and alleys as required by this chapter, or pay the amount of such judgment of fine and costs: Provided, however, that no person shall be required to labor upon the streets or alleys of said city, whose health or strength will not admit. Sec. 5. Superintendent of streets may restrain defend¬ ants. The superintendent of streets or bridewell-keeper is hereby authorized and empowered, in his discretion to place and impose such restraint upon any person required to work out the amount of judgment or fine and costs as is required by the ordinance as may be necessary and proper to prevent such per- Police Magistrate. 49 son from escaping from the custody of such superintendent of streets or bridewell-keeper during the time he is required to labor as aforesaid. Sec. 6. How officers to execute writs. The officer who shall execute any writ or any other process issued by the police magistrate or justice of the peace of said city shall, unless oth¬ erwise directed by this or some other ordinance of said city, proceed in the execution of his duty in the same manner as con¬ stables are required to do under the laws of this state, and the police magistrate or justice of the peace in issuing process and on the return of the same shall, unless otherwise directed, by this or some other ordinance of said city, be governed by the laws of this state appertaining to proceedings before justices of the peace. Sec. 7. Police magistrate and justices to tax costs. The police magistrate or justice of the peace shall tax as part of the costs all fees due any officer under or by virtue of this chapter or any ordinance of said city, and in case where the defendant is acquitted the complainant or prosecuting witness may be ad¬ judged to pay the costs if it appears to the magistrate or justice of the peace that the prosecution was instituted, maliciously, vexatiously or without probable cause. Sec. 8. Amount of fees allowed magistrate and other offi¬ cers. The police magistrate, justice of the peace, and other officers shall be entitled to tax as costs, in all cases arising un¬ der the ordinances of said city, the same fees as are allowed in criminal cases; Provided the city of Marseilles shall not pay, or be liable to pay, any such costs or fees, other than those of the police magistrate, in cases where the same are not or cannot be collected in money from the defendant; and provided further that when the officer executing process or making arrests is paid a salary by said city, the fees taxed as his costs shall be paid into the city treasury by such magistrate or justice taxing the same, and when the costs are not paid by the defendant, in money, the city, and not the officer, will receive credit for such fees. Sec. 9. City attorney to try suits. It shall be the duty of the police magistrate or justice of the peace, through the 50 Police Magistrate. chief of police or other officer, to inform the city attorney of any and all complaints or affidavits made before them for a vi¬ olation of any ordinance of said city, and it shall be his duty to appear on behalf of the city when necessary, and prosecute all suits commenced for a breach of any ordinance. Sec. 10. Magistrates to act as police court. It shall be the duty of said police magistrate or justice of the peace, when called upon, to act as a police court in the hearing and disputa¬ tion of all cases arising under this chapter which may be brought before him from the bridewell, or otherwise. Sec. 11. Magistrates and justices to report quarterly. It shall be the duty of said police magistrate or justice of the peace to make a report of the knes assessed and collected by them or either of them, and also report when the said fines have been worked out of the streets, alleys and sidewalks, and present the same monthly to the city council of the city of Mar¬ seilles, and to pay the money so collected into the city treasury; and also to present with each and every such report the receipt of the city treasurer for the amount of fines so collected and paid in. Sec. 12. Penalty for failing to report. Any police magis¬ trate or justice of the peace, who shall fail to make his report as required by this chapter, shall be fined in a sum not exceeding one hundred dollars. Sec. 13. When costs not allowed. That no costs shall be allowed to an}^ justice of the peace of the city of Marseilles in any suit or proceeding instituted or tried before such justice of the peace, in the name of the city of Marseilles, unless the com¬ mencement of such suit or proceeding be authorized and ordered by the proper city officer or officers. Pound Master. 51 CHAPTER VIII. POUND MASTER. Section 1. 2 . 3 . 4 . 5 . Office created—term. Oath and bond. Duties. Monthly report. Fees. Section 1. Office created—term. There is hereby cre¬ ated in this city the office of pound master. He shall be ap¬ pointed and hold office as herein provided. Sec. 2. Oath and bond. The pound master shall, before entering upon the duties of his office, take the oath as nearly as may be in the form herein provided for the mayor, and shall execute a bond to the city of Marseilles in the penal sum of five hundred dollars, with securities to be approved by the city council conditioned for the faithful performance of the duties of his office. Sec. 3. Duties. It shall be the special duty of the pound master to enforce and carry out the provisions of all ordinances of the city of Marseilles relating to the running at large of ani¬ mals, and to properly care for and feed all animals found run¬ ning at large and placed in his charge, and he shall have general care and management of the city pound, or such other place or places as may be provided by the city council for the impound¬ ing of animals. Sec. 4. Monthly report. It shall be the duty of the pound master to submit to the city council at its first regular meeting in each month a report showing in detail the number and kind of animals impounded during the preceding month, the name of the owner or keeper of each, when known, and the disposition of each, and the amount of all impounding fees and expenses received by him during such period and from whom received; and in ease of sale of any such animal, he shall state ✓ • 52 Bridge Tender. what sum or sums he has turned over to the police magistrate or justice of the peace. Sec. 5. Fees. The pound master shall be allowed to charge and receive for the impounding of animals found running at large contrary to the ordinances of said city, the following fees, to be paid by the owner or owners of the animal or ani¬ mals so impounded, fifty cents. For taking up one animal and caring for and feeding same one day, fifty cents. For caring for and feeding such animal each day thereafter, the sum of twenty-five cents, and in addition, the amount of money actu¬ ally spent for necessary feed therefor. For serving each notice on the owner or publisher, in a newspaper, exclusive of the printers fee, twenty-five cents; for posting notices of sale, fifty cents, for selling such animal or animals, ten per cent on the amount of any single sale up to twenty dollars, and five per cent on the excess of such sale over twenty dollars. CHAPTER IX. BRIDGE TENDER. Section 1.. 2 . 3 . 4 . 5 . 6 . Office created. Appointment. Term of office. Oath—bond. Duties. Salary. Section 1. Office created. That there be and is, hereby, created the office of bridge tender, in and for the city of Mar¬ seilles, and such bridge tender shall be appointed to such office and confirmed therein, in the manner hereinafter provided. Sec. 2. Appointment. The bridge tender shall be ap¬ pointed by the mayor upon the advice, request, recommenda¬ tion, or consent of a majority of the members of the city coun- Bridge Tender. 53 cil. and the consent of such majority duly entered of record, shall be necessary to confirm the appointment of any person to the said office or entitle such person to compensation for ser¬ vices rendered. Sec. 3. Term of office. The bridge tender shall be ap¬ pointed annually, (in the manner provided in Sec. 2 of this ordinance)^ on the first Monday in May, or as soon thereafter as may be, and shall hold his office for the term of one year or until his successor shall have been appointed and confirmed. Sec. 4. Oath — bond. The bridge tender, before enter¬ ing upon the duties of his office, shall take and subscribe to the oath prescribed by law for city officers and he shall execute and deliver to the city of Marseilles a good and sufficient bond in the penal sum of five hundred ($500) dollars with such sureties as the city council may require and approve; such bond shall be conditioned for the faithful and diligent performance of the duties of his office, Sec. 5. Duties. The bridge tender, under the direction of the mayor or of the street and alley committee, shall care for, manage, control, operate, supervise and keep in proper re¬ pair the machinery of the bridge or bridges to which he may be assigned; and he shall at all times keep said bridge or bridges in proper condition to be traveled upon and over by the public; except at such times as it may become necessary to raise or turn said bridge or bridges in order to permit the free passage of vessels, boats, barges, launches, floats or other water-craft upon and along the water-way spanned by such bridge or bridges. Sec. 6. Salary. The bridge tender, when duly appointed and confirmed, shall receive as full compensation for services rendered by him as such bridge tender, during the season of navigation on the Illinois & Michigan canal, such sum as the city council may determine by a resolution to be adopted at the time of confirming the appointment of such bridge tender; and the compensation, when thus fixed, shall not be changed so as to effect the salary of the bridge tender during his term of office. 54 City Teamster CHAPTER X. CITY TEAMSTER. Section 1. 2 . 3 . 4 . 5 . 6 . Office created. Appointment—confirmation. Oath—bond. Duties. Salary. Emergency. Section 1. Office created. There is hereby created the office of City Teamster of the City of Marseilles. Sec. 2. Appointment—confirmation. The city teamster shall be appointed by the mayor, with the consent and confir¬ mation of the city council, and shall hold his office for the period of one year, or until his successor shall have been duly appoint¬ ed and qualified. Sec. 3. Oath—bond. Before entering up>on his duties the city teamster shall take the oath of office prescribed for other officers of the city and shall file with the city clerk a bond in the penal sum of five hundred ($500) dollars, with such sure¬ ties as shall be approved by the city council; conditioned upon the faithful discharge of his duties as such officer. Sec. 4. Duties. The city teamster shall have charge of the city team and properly care for same and all harness and wagons and he shall keep same in good condition and repair and render to the city council an itemized statement of the re¬ pairs that he may find it absolutely necessary to have done in order to keep the same in proper repair. He shall be, while at work upon the streets, under the direction of the superintend¬ ent of streets. He shall attend all fires that may occur in the city, and shall immediately upon an alarm of fire bring the city team to the headquarters of the fire department and be pre¬ pared to haul the fire apparatus to any place that he may be ordered by the city fire marshal; but he shall be at all times under the general supervision of the mayor and subject to his orders. Police Department. 55 Sec. 5. Salary. The city teamster shall receive for his services the sum of fifty dollars per month, payable semi¬ monthly, in lieu of any and all compensation, perquisites or benefits whatsoever. Sec. 6. Emergency. It is hereby declared that an emer¬ gency exists and that, this ordinance shall take effect immedi¬ ately upon its passage, approval and due publication. Section 1. Section 1. 2 . 3 . 4 . 5 . 6. 7 . 8 . 9 . 10 . 11 . 12 . Section 1. 2 . 3 . 4 . 5 . CHAPTER XL ARTICLE I. POLICE 'DEPARTMENT. Department created. ARTICLE II. CHIEF OF POLICE. Office created—term. Oath and bond. Powers of marshal and constable. Devote entire time—offenders. Control of police force—absence. Attend council meetings, etc. Keep police record. Yearly reports. Turn over money. Care of property. Serving papers. Salary. ARTICLE III. ASSISTANT CHIEF OF POLICE. Office created—term. Oath and bond. Duties. Report to chief. Salarv. j 56 Police Department. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21 . 22 . 23 . 24 . ARTICLE IV. POLICE. Term. Oath and bond. Performance of duty. Report to superior officer. Serving process within city. Serving process without city. Calling on bystanders for assistance. Aid fire department. Neglect or violation of duty. Uniform. Extra duties. Drunkeness—entering saloons. Deportment. Memorandum book. Looking after sidewalks and property. Supplied with badge and billy. Temporary policeman. Special policemen. Resistance of an officer—penalty. Police district created. Watchman in district to act as policeman. Oath—bond. Person or corporation to make written request. Compensation of police. ARTICLE I. POLICE DEPARTMENT. Section 1. Department created. There is hereby estab¬ lished an executive department of the municipal government of the city of Marseilles which shall be known as the “police de¬ partment,” and shall consist of one chief of police, one assistant chief of police, and not more than four regular policemen, and temporary and special policemen as hereinafter provided. ARTICLE II. CHIEF OF POLICE. Section 1. Office created—term. There is hereby creat¬ ed in this city the office of chief of police. He shall be the chief officer of the police department, and shall be appointed and hold his office as herein provided. The chief of police shall be appointed by the mayor by and with the consent of the city Police Department. 57 council, and shall hold his office for one year and until his suc¬ cessor is appointed and qualified. Section 2. Oath and bond. The chief of police, before entering upon the duties of his office, shall take the oath as nearly as may be in the form provided herein for the mayor, and shall execute a bond to the city of Marseilles in the penal sum of one thousand dollars, with good and sufficient sureties to be approved by the city council, conditioned for the faithful performance of the duties of his office. Section 3. Powers of marshal and constable. The chief of police shall possess all the statutory powers of a city mar¬ shal, and shall possess the power and authority of a constable at common law and under the statutes of this state. Sec. 4. Devote entire time—offenders. The chief of police shall devote his entire time and energy to the discharge of the duties of his office; shall see that the laws and ordinances are enforced and that all offenders are promptly reported to some proper tribunal for punishment. Sec. 5. Control of police force—absence. The chief of police shall be the commanding officer of the entire police force of the city subject to the mayor and the rules and regulations prescribed by the city council; and shall see that each officer performs his whole duty according to law and the ordinances. The chief of police shall in no case absent himself from the city without the consent of the mayor or chairman of the committee on police. Sec. 6. Attend council meetings, etc. The chief of po¬ lice shall attend, either in person or by assistant, all meetings of the city council, execute all its orders, and all warrants or other legal process required to be executed by him under any ordinance of the citv. Sec. 7. Keep police record. The chief of police shall keep books of record of the police department and all persons arrested or committed by the police, showing the time and place of such arrest, by whom the arrest was made, the offense charged, the magistrate or justice before whom such person was tried, the disposition of each case, the amount of city officers 58 Police Department. costs for serving papers, collected, if any, and in addition shall record a list of all moneys or valuables taken from each prisoner, at the time of his commitment and the disposition^ thereof. Sec. 8. Yearly reports. The chief of police shall at the first regular meeting of the city council in May of each year present his written report showing the number of arrests made by the police force during the preceding year, the name of each, person arrested, the offense charged, the officer making the ar¬ rest, the magistrate before whom tried, the disposition of the case, the fine imposed if any, and the amount of such fine, and city officer’s fees for serving papers therein, collected; and in said report he shall give a list of all dogs registered, and all killed, if any during the preceding year, the officer by whom killed and the reason for its destruction. Sec. 9. Turn over money. The chief of police shall promptly turn over to the city treasurer all moneys of the city which may come to his hands from dog tax or otherwise, and he shall tak^. and file the treasurer’s receipt therefor. ' Sec. 10. Care of property. The chief of police shall have the care, custody and control of all books, records, equip¬ ments and other property belonging to the police department, and all stolen goods seized and retained by police authority. Sec. 11. Serving papers. It shall be the duty of the chief of police as far as practicable to serve and return all pa¬ pers in any suit to which the city is a party, and he shall make no charge therefor when the city is the unsuccessful party; and when the city is the successful party and his fees for serving such papers are collected, he shall promptly turn the same over to the city treasurer and take and file his receipt therefor,. Sec. 12. Salary. The chief of police shall ’receive an an¬ nual salary of seven hundred and twenty dollars to be paid in semi-monthly installments in lieu of all other fee, perquisite or reward in any manner whatsoever.^ . ..m, ARTICLE III. . n ASSISTANT CHIEF OF POLICE. Section 1. Office created—term. There is hereby cre¬ ated in the city of Marseilles the office of assistant chief of po- Police Department. 59 lice, he shall be the chief executive officer of the police depart¬ ment in the absence of the chief of police and shall be appointed by the mayor by and with the consent of the city council, and shall hold his office for one year and until his successor is ap¬ pointed and qualified. Sec. 2. Oath and bond. The assistant chief of police, before entering upon the duties of his office, shall take the oath as nearly as may be in the form prescribed herein for the mayor and shall execute a bond to the city of Marseilles in the penal sum of five hundred dollars, with good and sufficient sureties to be approved by the city council, conditioned for the faithful dis¬ charge of the duties of his office. Sec. 3. Duties. During the absence of the chief of po¬ lice, the assistant chief of police shall act as chief of police and shall perform all the duties of the chief of police as required by law and ordinance of the city. He shall keep a careful watch on the street lights, and shall from time to time note all lights that are out and preserve a record thereof, showing the date that each light was out, where located, and report the same to the city council at each regular meeting thereof. He shall have entire charge of the night policemen, subject to the orders of the chief of police. Sec. 4. Report to chief. It shall be the duty of the assis¬ tant chief of police to keep a record of all arrests made by the night policemen, where and by whom arrested, the offense charged, and all dogs killed by himself or any night policeman, which record shall be submitted to the chief of police each morning, together with all valuables taken from committed prisoners and a list showing from whom taken. Sec. 5. Salary. The assistant chief of police shall receive an annual salary of seven hundred and twenty dollars to be paid in semi-monthly installments in lieu of all other compensa¬ tion, perquisite or benefit in any form whatsoever. ARTICLE IV. POLICE. Section 1. Term. Not more than four regular policemen shall be appointed and shall hold office in like manner as pre¬ scribed for the chief of police hereinbefore provided. 60 Police Department Sec. 2. Oath and bond. Each regular policeman' shall, before entering upon the duties of his office, take the oath as nearly as may be in the form herein provided for the mayor and) shall execute a bond to the city of Marseilles in the. penal sum of five hundred dollars, with good and sufficient sureties to be, approved by the city council, conditioned .for t]m faithful per- • » u •. ^ v ' w . * formance of the duties of his office, . 4 " it .. , . • . 4 :l * • „ Sec- 3. Performance of duty. The several members of the police force, when on duty, shall devote their entire time to the proper performance of the duties of their office, according to the laws and ordinances of the city and the rules and regula¬ tions of the police department. They shall be regular, and prompt in the discharge of their duties and shall obey the or¬ ders of their superiors, and it shall be their special duty to pre¬ serve order, peace and quiet and enforce the ordinances of the city. Sec. 4. Report to superior officers. Every policeman shall report to his commanding officer all persons known to be gamblers, receivers of stolen property, thieves, burglars or dis¬ orderly persons, and also all unlawful or disorderly houses or places within the jurisdiction of said city^ as well as.all violators, of the law of the state or the ordinances of the city, reported to him or of which he may be cognizant; and when it shall come to the knowledge of any member of the police force that any city ordinance has been violated such member shall forthwith make complaint before the police magistrate or some justice of the peace within said city, and shall forthwith report the fact of making such complaint together with the facts in the case and a list of witnesses to his commanding officer, whose duty it shall be to secure the attendance of the necessary Witnesses for the successful prosecution of the offender. It shall also be the duty of the policeman to serve promptly all warrants or-other- process issued in any cause pending under any law or ordinance of said city before any magistrate thereof, provided such war¬ rant may be served and executed within the corporate limits of such city. Sec. 5. Serving process within city.,,, All policemen shall have power and authority, within the corporate limits of said city, to serve and execute warrants and other legal process for Police Department. 61 the apprehension and commitment of persons charged with or held for the commission of any crime or misdemeanor, or any violation of any law or ordinance of said city, and while serv¬ ing or executing or assisting in the service or execution, of any such warrant or legal process, they shall be vested with all the common law and statutory powers of constables for such purpose. Sec. 6. Serving process without the city. All policemen shall also have the power and authority to execute city war¬ rants, or other legal process, without the corporate limits of the city, and within such distance therefrom as is authorized by law, in all cases when any ordinance of the city council, made pursuant to law, shall prescribe a penalty for the violation of any of its provisions by persons residing, acting or doing business without the limits of said city. Sec. 7. Calling on bystanders for assistance. Any police officer of the city may, at any time, call on any able-bodied male pferson above the age of eighteen years, to aid him in arresting, retaking, or holding in custody any person guilty of having com¬ mitted any unlawfulact, or charged therewith, or to, aid such officer in the preventing the commission of any unlawful act; and whoever shall neglect or refuse to give such aid or assistance f when so required, shall be fined not less than three dollars nor more than twenty-five dollars for each offense. Sec. 8. Aid fire department, It shall be the duty of the members of the police force to aid the fire department by giving alarms in case of fire, and by clearing the streets and grounds in the immediate vicinity of hnv fire,so that the firemen shall not be hindered or obstructed in the performance of their duties. Sec, 9. Neglect, or violation of duty. Any member of the police department who shall neglect or refuse to perform any duty Required of him by the ordinance of the city, or the rules and regulations of said department, or who shall in the discharge of his official duties, be guilty of fraud, favoritism, extortion, oppression, or willful wrong or injustice, shall in each case, be subjected to a .fine of not less than five dollars nor more than one hundred dollars, and shall be subject to suspension or removal from office. 62 Police Department. Sec. 10. Uniform. The several members of the police force shall wear such uniforms as may be prescribed by the rules and regulations of the department, said uniform shall be furnish¬ ed by each member of the force at his own expense. Sec. 11. Extra duties. Although certain hours shall be allotted to each member for duty, yet all members must be pre¬ pared to act at a moment’s notice, whenever their services may be required, either on call by a superior officer or in view of a violation, or threatened violation, of any law of the state or or¬ dinance of the city. Sec. 12. Drunkenness, entering saloons. No member of the department shall, while on duty, drink any intoxicating liquor, wine or beer, or enter any dram shop, billiard hall, gam¬ bling house, or house of ill-fame, except in discharge of his duty; and intoxication at any time shall be sufficient cause for remo¬ val. Sec. 13. Deportment. Members shall be civil and respect¬ ful to the public, and upon all occasions perform their duties with good temper and discretion, and shall not at any time, while on duty, make use of violent, intemperate or abusive lan¬ guage, and no member shall comunicate to any person any in¬ formation which may lead to the escape from arrest or punish¬ ment of persons accused of crime. Sec. 14. Memorandum book. Each member shall always have with him a memorandum book, in which he shall enter the names of all persons by him taken in charge, together with the names of witnesses which may be necessary in the successful prosecution of such persons, and also all matters which may be important on the trial of a cause. Sec. 15. Looking after sidewalks and property. It shall be the duty of the chief of police, and each policeman, whenever in their rounds they discover any sidewalks out of repair, or any property in any manner needing attention to prevent danger to citizens or loss to the city, to report the same at once to the proper committee of the city council, or to the city council itself at its next meeting. Sec.16. Supplied with badge and billy. Each police of¬ ficer or policeman shall, upon his appointment, be supplied with Police Department 63 a badge and billy and upon the expiration of the term of office of any policeman, or his'resignation or removal from office, he shall immediately deliver to the chief of police, for the use of the cidy, his badge and billy, and all papers and effects in his posses¬ sion, belonging to the city, or appertaining to his said office. ‘ >:nr6e-C'. 17- Temporaryepolicemen. Whenever the mayor shall deem it necessary, he may appoint, in writing, under the corporate seal, a suitable number of reputable and discreet citi¬ zens of the city ns temporary policemen, wffiose powers, duties and liabilities shall be the same as regular policemen, and who shall take and subscribe the oath and shall be required to execute bond to the city of Marseilles in like manner. The mayor shall report all such temporary appointments to the city council at its next regular n^eetipg; and the city council may continue or dis¬ continue the same at its discretion, and person or persons ap¬ pointed shall receive such reasonable compensation, not to exceed two dollars per day, as may be agreed upon by the mayor and police committee. Sec. 18. Special policemen. The mayor, on application being made to him, may appoint any suitable person in the em¬ ploy of any corporation, association or firm, a special policeman in and for said city; or he may appoint any person employed in any other branch of the city service to be such special policeman. Special policemen shall have all the qualifications required in the case of regular policemen; they shall take and subscribe the same oath, give like bond, exercise "the same powers and be sub¬ ject to the same rules and regulations of the police department, as far as the same are appliable to them: provided, however that such special policemen shall receive no compensation from the city for their services. Sec. 19. Resistance of an officer, Penalty. Whoever shall resist any police officer or member of the police department in the discharge of his duty, or shall in any way interfere with, or hinder or prevent him from discharging his duty as such offi¬ cer or member of the police department,or shall offer or endeavor to do so, and whoever shall in any manner assist any person in custody to escape or attempt to rescue any person so in custody, shall be fined not less than ten dollars nor more than one hun¬ dred dollars for each offense. 64 Police Department. Sec 20. Police district created. There is hereby created a Police District in the city of Marseilles to be known as the Factory District The same shall consist of that part of the city south of the Illinois & Michigan canal and west of Grant Street in said city, Sec. 21. Watchman in district to act as policeman. The Mayor by and with the consent of the city council, is hereby empowered to appoint, at the request of any person, firm or corporation, owning or operating any factory in said district, any person selected by them to act as watchman, to be a policeman and when so appointed and confirmed by the city council said watchman shall possess all the power and au¬ thority of a policeman to act within said district. Sec. 22. Oath and bond. Any person appointed under this section shall, before entering upon his duties, take the oath of office prescribed for other policemen and execute a like bond to the city of Marseilles conditioned for the faithful performance of the duties of his office and the observance of the laws and ordinances of the city. Sec. 23. Person or corporation to make written re¬ quest. Any person, firm or corporation desiring to have any watchman appointed under this ordinance shall make a writ¬ ten request to the mayor and shall set forth in said request that said person, firm or corporation shall be responsible for all pay and expense of said watchman, and that the city of Marseilles shall not be held for any expense by reason of said appointment. Sec. 24. Compensation of police. All policemen pro¬ vided for under this ordinance whose compensation is not here¬ in fixed shall receive such compensation as the city council shall hereafter provide. Health Officer 65 CHAPTER XII. HEALTH OFFICER. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . Office created—term. Qualifications—appointment—oath—bond. Keep books. Advise city authorities—investigate diseases. Enforce laws and ordinances. Abate nuisances—notices. Removal and care of persons with contagious disease. Small-pox and other notices. Order vaccination—penalty. Remove filth—prevent spread of disease. Report of physicians. Health inspector—appointment, etc. Monthly report. Annual report—estimate of appropriations. Salary. Section 1. Office created—term. There is hereby ere ated and constituted in this city a health officer, who shall have general supervision of all matters pertaining to the health of the city. He shall hold his office for the term of one year, and until his successor is appointed and qualified. Sec. 2. Qualifications—appointment—oath—bond. The health officer shall be a regular practicing physician. He shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May, 1905, or as soon thereafter as may be, and annually thereafter. He shall, be¬ fore entering upon the duties of his office, execute a bond to the city of Marseilles in the penal sum or five hundred dollars, with such sureties as the city council shall approve, conditioned for the faithful performance of the duties of his office, and shall al¬ so take and subscribe the oath prescribed by law for city officers. Sec. 3. Keep books. He shall keep a full account of his proceedings and expenses in a book to be provided for that pur¬ pose, which book shall be the property of the city. 66 Health Officer. Sec. 4. Advise city authorities - investigate diseases. The health officer shall give the mayor and other city authori¬ ties all such professional advice and information as they may require with a view to the preservation of the public health; and whenever he shall hear of the existence of any malignant, contagious or pestilential disease, he shall investigate the same and adopt measures to arrest its progress. Sec. 5 Enforce laws and ordinances. It is hereby made the duty of the health officer to enforce all the laws of the state and ordinances of the city in relation to the sanitary regulations of the city, and cause all nuisances to be abated with all reason¬ able promptness; and, for the purpose of carrying out the fore¬ going requirements, he shall be permitted at all times, from the rising to the setting of the sun, to enter into any house, store, stable or other building, and to cause the floor to be raised, if he shall deem it necessary, in order to make a thorough exami¬ nation of the cellar, vault, sinks or drains; and to cause all privies to be cleaned and kept in good condition; and to cause all dead animals or other nauseous or other unwholesome things or substances to be buried, removed or disposed of as he may direct. Sec. 6. Abate nuisances—notices. In order to carryout the provisions of the foregoing section, it is hereby made the duty of the health officer to serve a notice, in writing, 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 any such nuisance, requiring them to abate the same in such manner as he shall prescribe, within reason¬ able time; such notice (and all other notices pertaining to the health department) shall be delivered to the city marshal or any policeman of said city to serve; and it is hereby made the duty of the city marshal and the members of the police force of said city to serve any and all notices which may be delivered to them by the health officer. If such owner, occupant or agent shall neglect or refuse to comply with the requirements of such order, within the time specified, they shall be subject to a fine of not less than five dollars nor more than two hundred dollars for every such violation, and it shall be the duty of the said officer to proceed at once, upon the expiration of the time Health Officer. 67 specified in said notice, to cause such nuisance to be abated. The expense of such abatement shall be collected from the per¬ son or persons who may have created, continued or suffered such nuisance to exist. Sec. 7. Removal and care of persons with contagious diseases. It shall be the duty of the health officer to visit and examine, or cause the same to be done by a competent person, all sick persons who shall be reported to him as laboring, or supposed to be laboring, under any contagious, malignant, in¬ fectious or pestilential disease, and said health officer may cause any person within the city having any contagious, infectious or pestilential disease, to be removed to some safe or proper place within or without the corporate limits, where danger from con¬ tagion will be avoided, and shall provide suitable medical and other attendance for such person, at his or her own expense, if able to pay the same, and if not, at the expense of the city: Provided, that if any such person, being a resident of the city, shall refuse to be removed, or if his condition be such that, in the opinion of the attending physician, removal would be at¬ tended with danger to his life, then such measures shall be taken by the health officer as may be deemed most advisable to prevent the spreading of the pestilence. In case of the death of any such person, the said health officer shall direct the man¬ ner of interment. Sec. 8. Small-pox and other notices. It shall be the further duty of the health officer to cause a notice, printed in large letters, to be placed upon or near any house in which any person may be affected or sick with small-pox, scarlet fever or any infectious, pestilential or epidemic disease, upon which shall be printed the name of such disease; and if any person or persons shall deface, alter, mutilate, destroy or tear down such notice, without the permission of the health officer, such person or persons shall be liable for each offense to pay a fine of not less than twenty-five dollars nor more than one hundred dollars. Sec. 9. Order vaccination—penalty. The health officer may take such measures as he may, from time to time, deem necessary to prevent the spread of small-pox, by issuing an 68 Health Officer order requiring all persons in the city requiring vaccination, to be vaccinated within such time as he shall prescribe; and all persons refusing or neglecting to obey such orders shall be liable to a fine of not less than three dollars nor more than fifty dol¬ lars: Provided, that it shall be the duty of the health officer to provide for the vaccination of such persons as are unable to pay for the same, at the expense of the city. Sec. 10. Remove filth—prevent spread of disease. He shall have power to cause any house or any premises to be cleansed, disinfected or closed to visitors and to prevent per¬ sons from resorting thereto while any person is laboring under any pestilential or infectious disease; he may, by an order in writing, direct any nuisance to be abated or unwholesome mat¬ ter or substance, dirt or filth, to be removed from any house or premises, and may prescribe the time and manner of so doing, and take any other measures he may deem necessary and proper to prevent the spread of any infectious, pestilential or epidemic disease; and any person who shall neglect or refuse to obey the orders, directions or instructions of said health officer shall be fined in any sum not less than five dollars nor more than two hundred dollars. Sec. 11. Report of physicians. Every practicing physi¬ cian in the city of Marseilles who shall have any patient therein laboring under any contagious, infectious or pestilential disease, shall forthwith make report thereof in writing to the health officer, stating the name and describing the locality of such pa¬ tient so that he may be easily found; and for any neglect or failure to so report, such physician shall incur a penalty of not less than ten dollars nor more than fifty dollars. Sec. 12. Health inspector—appointment, etc. There shall be appointed by the mayor, by and with the advice and consent of the city council, at such times and for such periods as exigencies require, a health inspector or inspectors. Such inspector shall act under the direction, control and supervision of the health officer, and shall receive such compensation as the council may determine. Sec. 13. Monthly report. The health officer shall, at the Fire Department. 69 first regular meeting in each month, make to the city council a full and comprehensive report of all matters pertaining to the health of the city, and of all expenditures incurred in said de¬ partment. Sec. 14. Annual report—estimate of appropriations. The health officer shall annually, on or before the first Monday of May, make to the city council a full and comprehensive state¬ ment of all matters pertaining to the health department during the year and of all expenditures from appropriations for the health department, together with an estimate in detail of the appropriations required by the department during the next mu¬ nicipal year. Sec. 15. Salary. The health officer shall receive an annual salary of one hundred dollars, to be paid in quarterly in¬ stallments, in lieu of all other compensation, perquisite or bene¬ fit in any form whatsoever. CHAPTER XIII. ARTICLE I. FIRE department. Section 1. Department created. ARTICLE II. FIRE MARSHAL. Section 1. Office of fire marshal created—appointment. 2. Oath—bond. 3. Powers and duties. 4. Command organization—tear down buildings 5. Enforce ordinances. 6. Examine places liable to cause fire. 7. Prescribe rules. 8. Preferring charges—suspension. 9. Keep a record—annual reports. 10. Successor. 11. Salary. 70 Fire Department. Section 1. 2 . 3 . 4 . Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10. 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21 . 22 . 23 . 24 . 25 . 26 . 27 . 28 . Section 1 ARTICLE III. ASSISTANT FIRE MARSHAL. Office of assistant fire marshal created. Oath—bond. Duties. Compensation. ARTICLE IV. FIRE DEPARTMENT. Marshal under the control of mayor. Members how appointed. Control of. Expense of how defrayed. Not to go beyond city limits without permission. Has control of police at fires. To cause necessary repairs. Penalty for neglecting to repair as directed. Fire hose not to be driven on. Fire apparatus not to be obstructed. Marshal to appoint commander in his absence. Stove pipes—how erected. Stoves and pipes. Inspection to be made—by whom. Combustibles. Where prohibited. Lamps in stables, etc. Fires not to be kindled. Penalties. Duties of officers to enforce this chapter. Fire marshal may examine dwellings and other buildings to prevent accumulation of combustibles. Owner and occupant to prevent accumulation of com¬ bustibles. Removal of comoustibles—penalty. Fire alarm boxes and telegraph apparatus not to be interfered with. Fire alarm apparatus not to be used except in case of fire. Penalty. Firemen empowered to make and cause arrest. Compensation of firemen. ARTICLE I. Fire department. . Department created. There is hereby created Fire Department 7 1 a department of municipal government of the city of Marseilles which shall be known as the fire department, and shall embrace a fire marshal, one assistant fire marshal, one driver who shall be the city teamster, and such other persons as may from time to time be approved by the council, and when so approved of they shall be enrolled as members of the fire department, by the city clerk, in a book to be kept for that purpose. ARTICLE II. FIRE MARSHAL. Section 1. Office of fire marshal created—appointment. There is hereby created the office of fire marshal of the city of Marseilles. He shall hold his office for the term of one year, and until his successor shall be appointed and qualified. Said fire marshal shall be appointed by the mayor, by and with the advice and consent of the city council, on the first Monday in May 1904, or as soon thereafter as may be and annually there¬ after. Sec. 2. Oath—bond. The fire marshal shall, before entering upon the duties of his office, take and subscribe the * oath prescribed by law for city officers, and shall execute a bond to the city in the penal sum of one thousand dollars, with sure¬ ties to be approved by the city council, conditioned for the faithful performance of the duties of his office. Sec. 3. Power and duties. Said fire marshal shall be the chief of the fire department, and, subordinate to the mayor and the committee 011 fire and water, shall have full command and control of said department and over all the members there¬ of. He shall have the general care and custody of the engines, hose carts and hose, horses, trucks, hooks and ladders, and all other property and equipment belonging to the fire department, and he shall personally attend to all repairs required to be made upon the same. Sec. 4. Command organization—tear down buildings. He shall attend all fires occurring within the city, and take com¬ mand of the organization, and shall see that the several mem¬ bers of the fire department faithfully perform their respective duties. With the concurrence of the mayor or any two alder- 72 Fire Department. men, the fire marshal may order the tearing down and removal of any building, or may direct the blowing up of any building, when in either case, it shall be deemed necessary to check the progress of any fire. Sec. 5. Enforce ordinances. It shall be the special duty of said fire marshal to see that all the ordinances of the city, having any relation to the protection of life or property of the city from fire, or relating to the fire department, are strictly en¬ forced, and that all the members of the fire department are faithful in the discharge of their duties. Sec. 6. Examine places liable to cause fire. It shall be the duty of the fire marshal to visit and examine, or cause the same to be done, all places reported to him as being liable to cause or occasion the breaking out or spread of fire, and to make such orders in relation thereto as the protection of life and the property in the city may require. And he shall in the month of August of each year make a thorough inspection of all the chimneys within the city, and all chimneys found out of repair or in a condition to render the same in his judgment unsafe, shall be at once put in proper repair by the owner of the property, upon the notification of the fire marshal. Any per¬ son failing to repair as required under this section shall be sub¬ ject to the same penalty provided for in section 9, of article 4, of this chapter. Sec. 7. Prescribe rules. It shall be the duty of the fire marshal, in conjunction with the mayor and the committee on fire and water, to prescribe such rules and regulations for the fire department as they shall deem expedient for the welfare and efficiency of said department. Sec. 8. Preferring charges—suspension. He may either upon his own knowledge or upon information communicated to him by others, prefer formal charges to the committee on fire and water against any member of the fire department for in¬ competency, neglect of duty, disobedience of orders, or viola¬ tion of any of the standing rules or regulations of said depart¬ ment; and pending such charges, the mayor shall suspend such delinquent member from duty, and such suspension shall con¬ tinue in force until the charges can be investigated by the com- Fire Department. 73 mittee on fire and water, and final action taken thereon by said committee and the city council. Sec. 9. Keep a record—annual report. Said fire mar¬ shal shall keep in a book provided by the city for such purpose, a full and accurate record of all the property and equipments of the fire department, together with a record of all transac¬ tions in the fire department, and of all property placed in his charge and custody; and he shall annually at the close of each fiscal year, make a written report to the city council, showing the condition of the department under his management, to¬ gether with a complete list of all fires occurring in said city dur¬ ing the preceding year, the date and location of each fire, the name of the owner of the property destroyed, the cause of the fire, loss incurred thereby, amount of insurance, and such in¬ formation as he may deem important to the city. Sec. 10. Successor. On the expiration of his tern?, of of¬ fice, or his resignation thereof or removal therefrom, the fire marshal shall, on demand, deliver to his successor in office, all books, records, equipments and property of every description in his possession, belonging to the city or appertaining to his office. Sec. 11. Salary. The fire marshal shall receive an annual salary of one hundred dollars, to be paid in monthly install¬ ments, in lieu of all other compensation, perquisite or benefit in any form whatsoever. ARTICLE III. ASSISTANT FIRE MARSHAL. Section 1. Office of assistant fire marshal created—ap¬ pointment. Th«re is hereby created the office of assistant fire marshal of the city of Marseilles. He shall hold his office for the term of one year and until his successor is appointed and qualified. Such assistant fire marshal shall be appointed by the mayor, by and with the advice and consent of the city coun¬ cil, on the first Monday in May 1904, or as soon thereafter as may be, and annually thereafter. Sec. 2. Oath—bond. The assistant fire marshal shall, before entering upon the duties of his office, take and subscribe the oath prescribed by law for city officers, and shall execute a 74 Fire Department bond to the city in the penal sum of five hundred dollars, his sureties to be approved by the city council, conditioned for the faithful performance of the duties of his office. Sec. 3. Duties. In case of the temporary absence or dis¬ ability of the fire marshal, the assistant fire marshal shall pos¬ sess the powers and exercise the duties of the fire marshal. At all other times the assistant fire marshal shall be under the di¬ rection and control of said fire marshal. Sec. 4. Compensation. The assistant fire marshal shall receive as compensation the same amount provided for firemen while upon duty. ARTICLE IV. FIRE DEPARTMENT. Section 1. Marshal under the control of mayor. That the fire marshal shall be subject to the control of the mayor and citv council, and may be removed for cause at anv time in the same manner as other officers appointed under the city government. Sec. 2. Members—how appointed. The Alert hose com¬ pany shall each year and as often thereafter as required by the city council select from the membership of said company by ballot the number of firemen required by the city council, the same to be placed on the active list kept by the city clerk, when confirmed by the city council, and thereupon to be included in the fire department of the city of Marseilles. All other mem¬ bers of the Alert hose company to be placed on a reserve list to be also kept by the clerk, which may be subject to, call from time to time as the city council may require. Sec. 3. Control of. That the exclusive control of the fire department in all matters except expenditures is hereby vested in the mayor and fire,marshal. Sec. 4. Expenses of how defrayed. No money shall be paid out for said fire department, or repairs made, or supplies of any kind purchased for said fire department, without the permission of the city council except in the case of minor ex¬ penses by some sudden exigency, and in such case the commit¬ tee on fire and water, and fire marshal shall have, power to act. Fire Department. 75 Sec. 5. Not to go beyond city limits without permission. No part of the fire department shall be permitted to go with any fire apparatus of the fire department beyond the limits of the city 7 ' without the consent of the city council, unless it be to at¬ tend fires in adjacent cities or the suburbs, when it will be necessary to obtain the consent of the mayor, or in his absence the consent of the committee on fire and water. Sec. 6. Has control of police at fires. That the fire marshal shall have sole control of the police when at fires, as well as all persons present, and may appoint persons to assist in protecting property in such manner as he may deem neces¬ sary, the council to pay such persons a reasonable compensation for service so rendered when so recommended by the fire marshal. Sec. 7. To cause necessary repairs. The fire marshal is hereby authorized to examine any building in the city as often as he may deem necessary, and to cause the owners or occupants thereof to make such repairs as may be necessary for the protection of property and life; and no building erected within the city limits in which fire is to be used shall be plastered until inspected by the fire marshal, the owners or builders of such building to report to the fire marshal when such building is ready for inspection. Sec. 8. Penalty for neglecting to repair as directed. Any person refusing or neglecting to make such repairs as provided in the foregoing section, when ordered so to do by the fire mar¬ shal, or such report as herein provided, shall at the expiration of five days from the time of such notification concerning re¬ pairs, or failure concerning such report, on conviction, forfeit and pay a fine of not less than five nor more than one hundred dollars for such refusal or neglect: Provided, however, that any party feeling himself aggrieved by the act of the fire marshal may before prosecution is commenced, have an appeal to the committee on fire and water, and if upon investigation, the committee find that said party has not violated the provisions of the preceding section of this chapter, then no prosecution shall be commenced. If, however, the committee find that said party has violated said section of this chapter, then the fire marshal may proceed against said offenders as in other cases. 76 Fire Department. Sec. 9. Fire hose not to be driven on. No wagon, street railroad car or other vehicle shall be driven over any unpro¬ tected hose of the fire department of the city of Marseilles, when laid down in any street or alley, to be used at any fire or alarm of fire, without the consent of the fire marshal or the assistant in command, and the person violating this section shall be sub¬ ject to the penalty of not less than three dollars nor more than one hundred dollars for each offense. The fire marshal shall procure and cause to be carried with each hose cart at every alarm of fire efficient protectors, which shall be laid down when said hose is laid on any street or alley, in such manner as to protect said hose from injury when vehicles are driven over the same. Sec. 10. Fire apparatus not to be obstructed. That whomsoever shall ride or drive any horse, mule or other animal, or shall propel any vehicle or ride a bicycle or walk or run in front of the fire apparatus, or any portion thereof, of the city of Marseilles, when the fire department of said city of Marseilles, or any portion of the same shall be responding to an alarm, whether there is a fire or not, then the person or persons so get¬ ting in front of any of said apparatus shall be guilty of a mis¬ demeanor, and upon conviction thereof shall be fined in a sum of not less than twenty-five dollars and not more than two hun¬ dred dollars, and it shall be the duty of the police or firemen to arrest all persons violating the provisions of this section. Sec. 11. Marshal to appoint commander in his absence. The fire marshal shall designate some discreet and competent person, who shall have command at all fires from which such fire marshal or his assistant may from any cause be absent, and when so designated and the members of the fire department duly notified thereof, he shall exercise like powers as may be exer¬ cised by the fire marshal if present. Sec. 12. Stove pipes—how erected. No person shall erect or use any stove or stovepipe in the city of Marseilles, ex¬ cept in accordance with the following provisions of this chapter. Sec. 13. Stoves and pipes. Every stove in use shall be placed upon a floor or platform of bricks or zinc, or other in- Fire Department 77 combustible material, of sufficient thickness and extent to pre¬ vent all danger of fire to any floor or other woodwork from such stove; and all other fire-places and hearths of every description shall be kept in good and sufficient repair to prevent any danger from fire; stove pipes shall not be less than three inches from wood or other combustible materials, unless there be a double circle of tin connected together and air holes between the con¬ nection and the wood or other combustible materials; and all horizontal pipes or portions of pipes not perpendicular, shall be supported by wires or other proper supporters, so as to prevent all danger of the falling of such pipes; no stove pipe shall dis¬ charge or terminate at any distance less than three feet from the roof or any other wood work of any building so as to en¬ danger the same, nor into any street or alley. Sec. 14. Inspection to be made—by whom. It shall be the duty of the mayor, aldermen, chief of policemen and fire marshal of the fire department in said city, to examine care¬ fully at all times during the year, every house, store, warehouse, shop or building, and place for the keeping and deposit of ashes, chips or shavings, and also to remove and abate any cause from which immediate danger of fire may be apprehend¬ ed, and to cause all buildings, chimneys, stoves, pipes, hearths, ovens, boilers, ash houses, ash barrels, smokehouses' and all fix¬ tures, things and apparatus used in or about every building which shall be found in such a condition as to be considered unsafe to be without delay, at the expense of the owner or occupant thereof, put in such condition as not to be dangerous in causing or promoting fires. Sec. 15. Combustibles. No hay, straw or other com¬ bustible material or substance shall be placed or deposited in said city, within twenty feet of any place where fire or ashes are kept, unless the same be kept in a close and secure building. Sec. 16. Where prohibited. No person shall deposit or stack any hay, straw, or other combustible substance within forty feet of any dwelling house or other building in said city, where fire may be kept. Sec. 17. Lamps in stables, etc. No lighted candle or lamp shall be used in any stable, barn or other place or build- 78 Fire Department. ing where hay, straw or other combustible material shall be kept, unless the same shall be well secured in a lantern ; nor shall any fire be kept in any stove or other place in any such building or room where combustible material is kept, unless in such a manner as the fire marshal and chief of police, by written permission, shall authorize and allow, nor shall any person carry fire in or through any street or lot or other public or pri¬ vate place, except the same be placed or covered in some close or secure pan or vessel. Sec. 18. Fires not to be kindled. No person shall make or kindle any fire in any of the streets, lanes, avenues, alleys, public square or grounds of the city of Marseilles. Nor shall any person make or kindle any fire on any private lot in said city, if there be danger of fire to any buildings in the neighbor¬ hood of the same, unless the person so making or kindling shall personally watch the said fire. Sec. 19. Penalties. Any person or persons who shall vio¬ late any of the provisions of the foregoing sections of this chap¬ ter shall, on conviction, forfeit and pay a fine of not less than three dollars, nor more than one hundred dollars for every offense. Sec. 20. Duties of officers to enforce this chapter. It .shall be the duty of the officers named in this chapter to see that all of the provisions herein are complied with, and to make complaint before a police magistrate for any violation of the same. Sec. 21. Fire marshal may examine dwellings and other buildings to prevent accumulation of combustibles. It shall be the duty of the fire marshal of the city of Marseilles, to carefully examine every dwelling, store, shop, workhouse or other building wdthin the limits of the city of Marseilles, and the several basements, attics and vacant or unoccupied rooms and apartments thereof, for the purpose of preventing the accumu¬ lation of combustible material in such basement, attics, vacant or unoccupied rooms and apartments. Sec. 22. Owner and occupant to prevent accumulation of combustibles. It shall be the duty of the owner and occu¬ pant of any such dwelling, store, shop, workhouse or other Fire Department 79 building to prevent the accumulation of ashes, chips, shavings, waste paper, kindling or other combustible material from which immediate danger of fire may be apprehended in any such base¬ ment, attic, vacant or unoccupied rooms and apartments. Sec. 23. Removal of combustibles—penalty. Any owner or occupant of any dwelling, store, shop, warehouse or other building who shall suffer or permit the accumulation of ashes, chips, shavings, waste paper or other combustible material from which immediate danger of fire may be apprehended, in any such basement/attic, vacant or unoccupied rooms and apart¬ ments, shall, within twenty-four hours after being notified by the fire marshal so to do, remove all such ashes, chips, shavings, waste paper, kindling and other combustible material from which immediate danger of fire may be apprehended, from such basement, attic, vacant or unoccupied rooms and apartments, and any such owner or occupant who shall fail, neglect or re¬ fuse to remove the same as directed by the fire marshal shall, upon conviction, be fined in a sum not less than twenty five dollars and not more than two hundred dollars. Sec. 24. Fire alarm boxes and telegraph apparatus not to be interfered with. No person other than those employed on the fire department of the city of Marseilles, or the mayor, members of the city council or heads of departments of said city, shall open, meddle with, derange, or in any manner what¬ soever interfere with any signal, fire alarm box, key box, fire alarm telegraph wire or other apparatus or equipment used in and about the transmission of fire alarms, except in cases of fire or other emergency requiring the presence of the fire de¬ partment of said city. Sec. 25. Fire alarm apparatus not to be used except in case of fire. No person other than those employed in the fire department of said city, or the mayor, members of the city council or heads of departments of said city, shall turn in an alarm of fire by means of the use of signal fire-alarm boxes or fire alarm telegraph wires, or any apparatus or equipment used and employed by said city for the transmission of a fire alarm when no fire exists. Sec. 26. Penalty. Any person found guilty of a violation 80 Fire Department. of any of the provisions of this ordinance shall be fined in a sum not less than fifty dollars and not more than two hundred dol¬ lars, and may upon the order of the court or magistrate before whom the conviction is had, be committed to the county jail, calaboose, city prison, workhouse, house of correction or other place provided by the said city for the incarceration of of¬ fenders, until such fine, penalty and costs shall be fully paid: Provided, that no such imprisonment shall exceed six months for any one offense. Sec. 27. Firemen empowered to make and cause arrests. That for the purpose of the better enforcement of this ordi¬ nance, the fire marshal and the driver in the employ of the fire department of said city be, and they arc, hereby severally empowered to arrest or cause to be arrested, with or without process, all persons who shall be found violating any of the provisions of this ordinance, and for such purpose said fire mar¬ shal and driver are hereby clothed with all the common law and statutory power of constables. Sec 28. Compensation of firemen. All firemen in the employment of the fire department not otherwise provided for shall receive as compensation the sum of fifty cents per hour when engaged in active duty for the city either upon the at¬ tendance by them at fires or other work required by the city council and they shall not receive any other pay or benefit whatsoever. Corporation Counsel. 81 CHAPTER XIV. CORPORATION COUNSEL. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . Corporation Counsel. Appointment—oath—bond. Legal adviser. To draw and examine papers. To prosecute and defend suits. To collect judgments. To turn over money. Power to dismiss suits. Appeal from justice. Annual report. Revise ordinances. To keep record. Accidents. Shall turn over to successor. Employment of deputy. Salary. Repeal. Section 1. Corporation counsel — appointment — oath —bond. That a corporation counsel shall be appointed by the mayor and with the advice and consent of the city council on the first Monday in May, 1905, or as soon thereafter as prac¬ ticable, and annually thereafter. Such corporation counsel shall be a duly licensed attorney, residing in La Salle county, Illinois. Before entering upon the duties of his office he shall take the oath prescribed for other city officers and enter into a bond in the penal sum of one thousand dollars, with good and sufficient sureties to be approved by the city council, con¬ ditioned for the faithful discharge of the duties of his office. Sec. 2. Legal adviser. The corporation counsel shall be the legal adviser of the city council or an]/ officer, in all matters of law in which the interests of the city are involved. He shall, when required by the mayor, city clerk, city treasurer, or any member of the city council, furnish written opinions up¬ on any subject submitted to him, pertaining to the city or its interests. 82 Corporation Counsel. Sec. 3 . To draw and examine papers. The corporation counsel shall draw such ordinances, deeds, leases, bonds, con¬ tracts, notices, or such other instruments in writing as may be required of him by the mayor, city council or any committee thereof, and he shall examine and pass upon the legality of any and all papers pertaining to the city or its interests when re¬ quired so to do, by the mayor, city council or any committee thereof. Sec. 4. To prosecute and defend suits. The corporation counsel shall prosecute or defend in behalf of the city all cases in which the interests of the city are involved, except for vio¬ lations of the city ordinances in action before justices of the peace or police magistrates, and the city clerk shall furnish him with certified copies of any ordinance, bond or other papers in his keeping necessary to be filed or used in any suit or pro¬ ceeding. Sec. 5. To collect judgments. The corporation counsel shall cause executions to be issued upon all judgments recovered in favor of the city, except before justices of the peace and po¬ lice magistrates, and see to their prompt collection. He shall examine all fee bills of officers of courts and certify to the cor¬ rectness of the same, and the liability of the city therefor. Sec. 6 . To turn over money. The corporation counsel shall turn over all moneys of the city which may come into his hands to the city treasurer within one week after the receipt thereof, and shall take and hie such treasurer’s receipt thereof. Sec. 7. Power to dismiss suits. The corporation counsel shall not be required to prosecute any suit or action arising under the ordinances of the city when upon investigation of the same he shall become satisfied that the complaint is instituted maliciously and vexatiously and without probable cause, and he shall be authorized to discontinue said suit or proceeding upon such terms as may be just and equitable. Sec. 8 . Appeal from justice. An appeal may be taken by the corporation counsel from the judgment of any police magistrate or justice of the peace to the county or circuit court of La Salle county, in any case when, in his opinion, the public interests so require it, and he shall conduct such appeal when Corporation Counsel. 83 so directed bv the city council, but no appeal or writ of error shall be taken by said corporation counsel in behalf of the city to any higher court unless the same shall be authorized by the mayor or directed by the city council. Sec. 9. Annual report. The corporation counsel shall annually on or before the first Monday in April in each year re¬ port in writing to the city council all suits instituted and pend¬ ing in the courts of record wherein the city of Marseilles is plain¬ tiff or defendant. In said report he shall state the names of the parties to the suits; the date of their commencement; the nature thereof and the several steps taken by him to bring the same to a final issue, and he shall give a list of all cases disposed of in any court of record during his term of office and subse¬ quent to his last report, with such explanatory remarks as he may think proper to add thereto, to the end that the council may keep fully advised as to the legal affairs of the city. Sec. 10. Revise ordinances. The corporation counsel shall on or before the first day of July in each year prepare and submit to the city council a complete revision and consolidation of all ordinances passed by the council during the preceding fiscal year, which revision shall be carefully indexed and ar¬ ranged in proper chapters and sections of the latest revision of the ordinances. And he shall file and preserve in his office one or more copies of such revision. Sec. 11. To keep record. It shall be the duty of the corporation counsel, in a suitable book to be provided by the city for that purpose, to keep a record of all written opinions given or furnished by him to said city, and he shall also keep a register, to be provided by said city, of all actions in courts of record prosecuted or defended by him in which the city was a party, and of the various proceedings in connection therewith, and such books shall, at all reasonable hours, be subject to in¬ spection or examination by the mayor or any member of the city council. Sec. 12. Accidents. It shall be the duty of the corpora¬ tion counsel immediately upon being informed of the happen¬ ing of any accident which may result in an action for damages against the city, to investigate the facts in connection therewith, 84 Corporation Counsel. and, as far as possible, secure and preserve statements of all witnesses. Sec. 13. Shall turn over to successor. Upon the expi¬ ration of his term of office or resignation or removal therefrom, the corporation counsel shall forthwith turn over to his successor in office all deeds, leases, papers or books in his hands belong¬ ing to the city, together with a statement in writing showing what action, if any, has been taken in any action or actions pending or likely to be instituted wherein the city is or may be a party, and giving such information as he may possess with respect to evidence or witnesses in such action or actions. Sec. 14. Employment of deputy. The corporation coun¬ sel shall in case of absence or in case he is otherwise unable to attend to the duties of his office, at his own expense, appoint some competent attorney to act in his place, and in such case the corporation counsel shall be responsible for the official con¬ duct of such attorney so appointed while he is acting for the citv. m/ Sec. 15. Salary. The corporation counsel shall receive an annual salary of two hundred and fifty dollars ($250.00), to be paid in quarterly installments, and in addition he shall be repaid all expenses actually incurred by him for car fare or otherwise, when engaged in the business of the city, and he shall receive no other compensation, perquisite or bene lit what¬ soever. Sec. 16. Repeal. All ordinances and parts of ordinances in conflict hereby are repealed. The City Council. 85 CHAPTER XV. THE CITY COUNCIL. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21 . 22 . 23 . 24 . 25 . 26 . The city council—how composed—filling vacancies. Qualifications of aldermen. Regular meetings. Special meetings. Appointment of committees. Duties of standing committees. Quorum. Compelling attendance. Members required to vote. Reconsideration. Report of committee—when laid over. Territorial jurisdiction. Publication of ordinances—when take effect. Passing ordinance over veto. When yeas and nays required. Municipal year. Fiscal year. Borrow money—limitation. Annual appropriation ordinance. Limitation of expenditures. No contract without appropriation. Annual tax levy. Special tax levy. Uniformity of taxation. Powers of the city council. Compensation. Section 1. The council—how composed—filling va cancies. The city council shall consist of the mayor, and two aldermen from each ward; it shall be judge of the election and qualification of its own members, and in case any vacancy shall occur in the office of alderman by death, resignation, removal or other cause such vacancy shall be filled by election. Sec. 2. Qualifications of aldermen. No person shall be eligible to the office of alderman unless he shall be a citizen of the United States, a qualified elector and reside within the ward 86 The City Council. for which he was elected, nor shall he be eligible if he is in ar¬ rears in the payment of taxes or any other liability due the city; nor shall he be directly or indirectly interested in any contract whatever to which the city is a party; nor shall he be eligible if he shall have been convicted of malfeasance, bribery or corrupt practices or crime; nor shall he be eligible to any office the sal¬ ary of which is payable out of the city treasury, if at the time of his appointment he shall be a member of the city council; nor shall any member of the city council at the same time hold any other office under the city government; nor shall he be, either directly or indirectly, individually or as a member of a firm, engaged in any business transaction (other than official) with such city, through its mayor or any of its authorized boards, agents or attorneys, whereby any money is to be paid directly or indirectly, out of the city treasury to such member or firms; nor shall any member of the city council sign any bond in any case wherein the city of Marseilles is interested; and such aldermen shall hold their office for the term of two years and until their successors are elected and qualified. Sec. 3. Regular meetings. Regular meetings of the city council of the city of Marseilles shall be held in the council chamber at the city hall on the first Monday of each month during the year at eight o’clock p. rn., except when such Mon¬ day shall be a public holiday, in which case the council shall meet at the same hour the day foliowfing. Adjourned meetings may be held for the purpose of completing the unfinished busi¬ ness of the regular meeting at such time or times during the week as may be determined by the council. Sec. 4. Special meetings. Special meetings of the city council may be called by the mayor or any three aldermen whenever, in their discretion, it is deemed necessary, in which event such meeting shall be called in the following manner: The mayor or any three aldermen as the case may be, shall file in the office of the city clerk a statement in writing, setting forth the object and purpose of such meeting and directing the clerk to give notice of the sarnie. The city clerk shall thereupon cause to be served personally upon each member of the council or left at his residence or usual place of business, a notice of the time, place and object of said special meeting, which notice shall The City Council. 87 be served at least six hours before the time of holding such special meeting. No business other than that mentioned in such notice shall be transacted at such special meeting. Sec. 5. Appointment of committees. It shall be the duty of the mayor, at the first regular meeting of the council in May of each year or as soon thereafter as practicable, to appoint nine standing committees of the city council, to consist of three aldermen to each committee, and shall be as follows: 1. Committee on finance. 2. Committee on streets and alleys. 3. Committee on judiciary. 4. Committee on fire and water. 5. Committee on license. 6. Committee on police and health. 7. Committee on lights. 8. Committee on public buildings and grounds, 9. Committee on sewers. Sec. 6. Duties of standing committees—chairman. It shall be the duty of the standing committees of the city council to maintain close watch of the affairs of their respecti ve depart¬ ments of the city government; they shall have the general man¬ agement, control and supervision over all works and things ordered by the council in their respective departments, and they shall report to the council such facts that they deem of import¬ ance in connection therewith. Each committee shall promptly and thoroughly investigate and report in writing upon all mat¬ ters referred to it by the council, and the chairman thereof shall promptly return to the city clerk all petitions, resolutions, orders, claims and other papers which have been delivered to him, and said committees shall do and perform such other and further duties as the council may from time to time direct. Sec. 7. Quorum. A majority of the aldermen elect shall constitute a quorum to do business, but a smaller number may adjourn from time to time, and may compel the attendance of absentees, under the penalties prescribed in section eight of this chapter. Sec. 8. Compelling attendance. In case there be no quorum at any meeting of the city council, it shall be the duty 88 The City Council. of the mayor, if a majority of the members present so direct, to order the city marshal or any police officer to immediately ar¬ rest and bring in all absent members that can be found in the city, who are not unable through sickness, to attend; and any member who purposely aosents himself from the city to avoid attending any meeting of the council or who, being in the city, conceals himself from such officer or refuses to be brought in when found, shall be deemed guilty of disorderly conduct, and upon conviction thereof in some court of competent jurisdic¬ tion, shall be subject to a fine of twenty-five dollars; and the council may, with the concurrence of two thirds of all the aider- men elected, expel such member, in which event his seat shall be deemed vacant and be filled by election. Sec. 9. Members required to vote. Every member of the council shall vote on all questions in which he is not directly and personally interested, which may be brought before the council for its action in such manner as to require a vote there¬ on, unless such member be excused by a vote of two-thirds of all the other members present. Sec. 10. Reconsideration. No vote of the city council shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as large a number of aldermen as were present when such vote was taken. Sec. 11. Report of committee—when laid over. Any re¬ port of a committee of the council shall be deferred, for final action thereon, to the next regular meeting of the same after the report is made, upon the request of any two aldermen present. Sec. 12. Territorial jurisdiction. The city council shall have jurisdiction in and over all places within one-half mile of the city limits for the purpose of enforcing health and quaran¬ tine ordinances and regulations thereof; and shall have power to suppress bawdy and disorderly houses, houses of ill-fame or assignation, within the limits of the city and within three miles of the outer boundaries of the city; and shall have jurisdiction upon all waters within or bordering on the same, to the extent of three miles beyond the limits of the city. The City Council. 89 Sec. 13. Publication of ordinances—when take effect. All ordinances of the city imposing any fine, penalty, imprison¬ ment or forfeiture, or making any appropriation, shall, within one month after they are passed, be published at least once in a newspaper published in the city; and no such ordinance shall take effect until ten days after it is so published, and all other orders and resolutions shall take effect from and after their passage, unless otherwise provided therein. Sec. 14. Passing ordinance over veto. In case the mayor shall veto any ordinance or any part of an ordinance resolution or proceeding of the city council, and return the same to the city council together with his objections thereto, the vote by which the same was passed shall be reconsidered by the council; and if after such reconsideration, two-thirds of all the members elected to the city council shall agree by yeas and nays to pass the same, it shall go into effect, notwithstanding that the mayor may refuse to approve thereof. The vote to pass the same over the mayor’s veto shall be taken by yeas and nays and entered on the journal. Sec. 15. When yeas and nays required. The yeas and nays shall be taken upon the passage of all ordinances and all propositions to create any liability against the city, or for the expenditure or for appropriation of its money, and in all other cases at the request of any member, and shall be entered on the journal of proceedings and a concurrence of a majority of all the members elected in the city council shall be necessary to the passage of any such ordinance or proposition; provided that it shall require three-fourths of all the aldermen elect to sell city property. Sec. 16. Municipal year. The municipal year of the city of Marseilles shall commence on the first Monday in May of each and every year. Sec. 17. Fiscal year. The fiscal year of the city of Mar¬ seilles shall commence on the first Monday in May of each and every year. Sec. 18. Borrow money—limitation. The city council may, whenever the interest of the city require it, borrow money on the credit of the city for corporate purposes, and issue bonds therefor, in such amount and form, and on such conditions as 90 The City Council. it shall prescribe, but shall not become indebted in any manner or for any purpose to an amount, including existing indebted¬ ness, in the aggregate to exceed five per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness; and before or at the time of incurring any indebtedness, shall provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years after contracting the same. Sec. 19. Annual appropriation ordinance. The city council shall as soon as practicable after the commencement of each fiscal year and within the first quarter of each fiscal year, pass an ordinance to be termed the annual appropriation bill. It shall appropriate such sums of money as shall be deemed necessary to defray all necessary expenses and liabilities of the city for the current fiscal year; and in such ordinance shall specify the objects and purposes for which such appropriations were made and the amount appropriated for each object or pur¬ pose. No further appropriations shall be made at any other time within such fiscal year, unless the proposition to make such appropriation has been first sanctioned by a majority of the legal voters of the city, either by a petition signed by them, or at a general or special election called therefor. Sec. 20. Limitations of expenditures. Neither the city council, nor any department or officer of the city, shall add to the corporate expenditures in any one year anything over and above the amount provided for in the annual appropriation or¬ dinance of that year except as herein otherwise specially pro¬ vided; and no expenditure for an improvement to be paid for out of the general fund of the corporation shall exceed, in one year, the amount provided for such improvement in the annual appropriation ordinance; provided however that nothing herein contained shall prevent the city council from ordering, by a two-thirds vote, any improvement, the necessity of which is caused by any casualty or accident happening after such annual appropriation is made. The city council may, by a like vote order the mayor and finance committee to borrow a sufficient The City Council. 91 amount of money to provide for the expense necessary to be incurred in making any improvements, the necessity for which has arisen as is above mentioned for a space of time not ex¬ ceeding the close of the next fiscal year; which sum and the interest, shall be added to the amount authorized to be raised in the next general tax levy, and embraced therein. Should any judgment be obtained against the city, the mayor and finance committee under the sanction of the city council, may borrow a sufficient amount to pay the same, for a space of time not to exceed the close of the next fiscal year, which sum and interest shall, in like manner be added to the amount author¬ ized to be raised in the general tax levy of the next year, and embraced therein. Sec. 21. No contract without appropriation. No con¬ tract shall hereafter be made by the city council, or any com¬ mittee or member thereof, and no expense shall be incurred by any of the officers or departments of the city, whether the ob¬ ject of the expenditure shall have been ordered by the city council or not, unless an appropriation shall have been previously made concerning such expense, except as by law otherwise ex¬ pressly provided. Sec. 22. Annual tax levy. The city council shall annu¬ ally on or before the third Tuesday in September in each year ascertain the total amount of appropriations for all corporate purposes legally made, and to be collected from the tax levy of that fiscal year; and by ordinance specifying in detail the pur¬ poses for which such appropriations are made and the sum or amount appropriated for, each purpose respectively, levy the amount so ascertained upon all the property subject to tax¬ ation within the city, as the same is assessed and equalized for state and county purposes for the current year, exclusive of the amount levied for the payment of bonded indebtedness or the interest thereon, shall not exceed the rate of two per centum upon the aggregate valuation of all the property within the city subject to taxation as the same was equalized for state and county taxes for the current year. A certified copy of such ordinance shall be filed with the county clerk. Sec. 23. Special tax levy. Whenever the city is required to levy a tax for the payment of any particular debt, appro- 92 The City Council. priation or liability, the tax for such purpose shall be included in the total amount assessed by the city council, and certified to by the county clerk as aforesaid; but the city council shall determine, in the ordinance making such assessment, what pro¬ portion of such total amount shall be applicable to the payment of such particular debt, appropriation or liability; and the city treasurer shall set apart such proportion of the tax collected and paid to him for the payment of such particular debt, ap¬ propriation or liability, and shall not disburse the same for any other purpose until such debt, appropriation or liability shall have been discharged. Sec. 24. Uniformity of taxation. All taxes levied or assessed by the city, except special assessments for local im¬ provements, shall be uniform upon all taxable property and persons within the limits of the city, and no property shall be exempt therefrom other than such property as may be exempt from taxation under the constitution and general laws of the state. Sec. 25. Powers of the city council. The city council shall have and exercise all the powers delegated to and granted by the constitution and the general laws of the state of Illinois. Sec. 26. Compensation. Each alderman shall receive two dollars for each regular and special meeting of the city coun¬ cil actually attended by him; and no compensation other than for attendance upon such meetings shall be allowed to any alderman for any service whatsoever. Streets, Alleys and Public Grounds 93 CHAPTER XVI. STREETS, ALLEYS AND PUBLIC GROUNDS. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . Removing earth from the streets, etc. Excavating in the streets, etc. Filling excavation. Leaving excavation unprotected. Fencing street. Obstructing the street with building material. Moving buildings through streets. Blockade of streets by teams. Casting ashes, etc. on the street. Telegraph poles and wires. Height from ground. Hauling hay, etc. Throwing paper on the streets. Distributing advertisments. Erecting booths, stands, etc. Driving in park. Broadway—reservation for park purposes. Expectorating upon, and littering the sidewalks. Garbage boxes for the deposit of refuse matter. Taking stallion or jackass through streets. Section 1. Removing earth from streets, etc. Whoever shall, for any private purpose, dig, remove or carry .away any earth, gravel or sod from any street, avenue, alley or public ground, without the expressed permission of the city council, shall be fined not less than three dollars nor more than twenty- five dollars for each offense; and any officer of the city who shall use, sell or dispose of any earth, gravel or sod from any such place, for his own private gain or benefit, shall be fined not less than three dollars nor more than twenty-five dollars for each offense. Sec. 2. Excavation in streets, etc. No person, unless authorized by the city council, shall make any excavation in any street, alley or other public place within the city of Mar- 94 Streets, Alleys and Public Grounds. seilles without first obtaining permission so to do from the mayor or the chairman of the street committee; and in no event shall any such excavation be made until such person shall have executed a bond to the city of Marseilles in the penal sum of such amount as may be required by the mayor or city clerk with at least one good surety, a resident of the city, to be ap¬ proved by the city clerk, conditioned for the careful replacing of all earth or paving materials in as good condition as before such excavation was made. Sec. 3. Filling excavations. Any person making or caus¬ ing to be made any excavation in any street, avenue, alley or other public place within this city, shall, without unnecessary delay, cause the same to be refilled, flushed with water and firmly tamped so that it shall not settle or cave. Any person taking up or removing any portion of any paved street, avenue, alley or other public place, or any bridge or culvert, shall, with¬ out delay, cause the same to be replaced to grade as firmly and securely as before the same was taken up. Whoever violates or fails to comply with the provisions of this section shall be fined not less than ten dollars nor more than one hundred dollars for each offense. Sec. 4. Leaving excavations unprotected. Any con¬ tractor for any public work, or any officer, or other person mak¬ ing any excavation in any street, avenue, alley or sidewalk or other public place within this city who shall leave the same open and unprotected by lights or otherwise in the night time so as to endanger the safety of persons and animals, shall be fined not less than ten dollars, nor more than one hundred dol¬ lars for each offense. Sec. 5. Fencing street. Whoever shall make or cause to be made any enclosure, fence or building of any kind extending upon, over or across any street, avenue, alley, sidewalk or other public place within this city, shall be fined not less than five dollars nor more than fifty dollars for each offense, and every week after the first conviction that such fence or building so remains shall be deemed a separate offense: Provided that no action shall be taken under this section until after ten day’s notice in writing shall be given to remove the same from the street, public place or ground by the city attorney. Streets, Alleys and Public Grounds. 95 Sec. 6. Obstructing street with building material. No contractor, builder or other person shall encumber any street, alley, sidewalk or other public place within this city, with build¬ ing or other like materials without a written permit from the mayor therefor; nor shall in any case encumber or obstruct more than one-third of such street, alley or sidewalk; nor shall such obstruction continue in any case longer than may be necessary in the diligent erection of such building. Whoever shall violate any of the provisions of this section shall be fined not less than twenty dollars nor more than one hundred dollars for each of¬ fense, and each day that such materials are permitted to so re¬ main shall be deemed a separate offense. Sec. 7. Moving buildings through streets. No person shall remove or cause to be removed any budding, through or along any street, avenue, alley or other public place within this city, without having first applied to and obtained the consent of the mayor, and such application shall set forth the exact route proposed to be traversed in moving such building. Such building shall, upon consent being given, be moved along the route mentioned in such application, and shall not be permitted to unnecessarily encumber or obstruct any street, alley or other public place, nor for a longer time than be necessary for the diligent removal of such building, and such person shall prompt¬ ly repair any damage thereby done to any street, alley or public ground or wires or other buildings or property, Whosoever violates any of the provisions of this section shall be fined not less than ten dollars nor more than one hundred dollars for each offense. Sec 8. Blockade of streets by teams. Whenever any street, alley, avenue or other public place shall be obstructed by a press of teams, vehicles, animals or persons, the mayor or any police officer of the city may give such orders and directions as shall be deemed necessary to abate the obstruction; and who¬ ever shall neglect or refuse to obey such orders or directions shall be fined not less than five dollars nor more than fifty dol¬ lars for each offense. Sec. 9. Casting ashes, etc., on street. Whoever shall throw, place or leave, or cause or permit to be thrown, placed 96 Streets, Alleys and Public Grounds. or left any ashes, dirt, filth, rubbish, slops or any obstruction or encumbrance in or upon any street, avenue, alley, sidewalk or other public place within this city, shall be fined not less than five dollars nor more than fifty dollars for each offense, and every day that such ashes or other matter so remains after no¬ tice to remove same by chief of police or health officer shall be deemed a separate offense: Provided, this .section shall not ap¬ ply to the placing of ashes upon unpaved streets in order to im¬ prove the same; or to the placing of ashes along side of any street where there is no sidewalk; or to the placing of ashes on streets or sidewalks when icy. Sec. 10. Telegraph poles and wires. Whoever shall set or cause to be set any telegraph, telephone or other poles upon any street, avenue, alley or other public place within the city of Marseilles, or shall string or hang any wire along or across any such street, avenue, alley or other public place, unless authorized to do so by the city council, shall be fined not less than ten dollars nor more than fifty dollars for each offense. Sec. 11. Heighth from the ground. All telegraph, tele¬ phone and any other wires strung over and across Main street in said city, shall be placed at a height of not less than twenty feet, and when strung over and across any other street in said city shall be placed at a height of not less than eighteen feet from the ground, and it shall become the duty of any person or corporation owning or controlling said wires to raise the same or temporarily remove the same at any time upon demand of the mayor of said city. Any person or corporation owning or con¬ trolling any telephone, telegrapher other wires strung over and across and along any of the streets in this city, shall at all times keep said wires from sagging or dropping, or in any manner ob¬ structing the streets of said city. Sec. 12. Hauling hay, etc. Whoever shall haul any hay, straw, ashes, dirt, filth or other offensive matter along any street, avenue, alley or other public place within this city and permit or suffer any part thereof to escape from anv wagon or vehicle in which same is being hauled or conveyed and fall and remain upon any such place, shall be fined not less than three dollars nor more than twenty-five dollars for each offense. Streets, Alleys and Public Grounds. 97 Sec. 13. Throwing paper on streets. Whoever shall throw, place or deposit any paper, rags, dirt, fruit peelings or other offensive matter or thing in or upon any street, avenue, alley or sidewalk within the city limits shall be fined not less than five dollars nor more than fifty dollars for each offense. Sec. 14. Distributing advertisements. Whoever shall distribute, cast or throw in, upon or along any street, alley, sidewalk or other public place within the city of Marseilles, any hand-bills, pamphlets, circulars or other printed matter, shall be fined not less than three dollars nor more than twenty- five dollars for each offense: Provided, that this section shall not apply to the carrying of any such printed matter along any such street, sidewalk or other place and distributing the same within any store, dwelling or other building. Sec. 15. Erecting booths, stands, etc. Whoever shall erect, keep or maintain any booth, stand or other place for the sale of fruits, fish or other merchandise or article, upon any street, avenue, alley, sidewalk or other place within the city of Marseilles, shall be fined not less than three dollars nor more than twenty-five dollars for each offense; and every day after the first conviction that such stand is so kept or maintained shall be deemed a separate offense: Provided, that the city council may grant any person or persons permission to erect and maintain any such booth or stand in or upon any such place. Sec. 17. Broadway—reservation for park purposes. That all that part of Broadway lying north or south of a strip forty-eight (48) feet wdde along the middle of said Broadway in the city of Marseilles, is hereby set aside and devoted to park purposes from a point fifty (50) feet east on Minden street to Liberty street, reserving only sidewalks of the established width on the extreme north and south sides of said Broadway, That the middle or center forty-eight (48) feet in width of said Broad¬ way is hereby reserved and devoted to street purposes. That all of that part of Grant street lying east and west of a strip forty-four (44) feet wide along the middle of said Grant street, in the city of Marseilles is hereby set aside and devoted to park purposes. From River street to the Illinois & Michigan Streets, Alleys and Public Grounds. 98 canal, reserving only sidewalks of the established width on the extreme east and west sides of said Grant street. That the center or middle forty-four (44) feet of said Grant street is here¬ by reserved and devoted to street purposes. It shall be the duty of the city engineer of the city of Marseilles at the earliest practicable time possible, to measure, lay out and es¬ tablish two lines, each twenty-four feet from the center or middle of said Broadway, in the city of Marseilles. vSaid lines so laid out and established, being forty-eight feet apart, and extending from a point fifty feet east of Minden street to Liberty street. The city engineer shall also at the same time, measure, lay out and establish two lines each twenty-two feet from the center or middle of said Grant street, said lines so laid out and established forty-four feet apart, and extending from River street to the Illinois & Michigan canal. The property owners and residents along Broadway from a point fifty feet east of Minden street to Liberty street, and property owners and residents of Grant street from River street to the Illinois & Michigan canal are hereby authorized, empowered and instructed each to park the space in front of their respective premises or residences, upon the line established on that side of the street by the city engineer, planting the same with trees, shrubs and other growing plants, sodding and otherwise beauti¬ fying the same, and keeping the trees, shrubs, etc., properly trimmed. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Sec. 18. Expectorating upon, and littering the streets. It shall be unlawful for any person to expectorate upon any of the public sidewalks of the city, or to throw or deposit any mat¬ ter of the variety of banana, orange, lemon or apple peel, nut shells or any other matter calculated to render the public side¬ walks of the city in an unclean and untidy condition. Any person who shall violate this section shall be fined not less than three dollars nor more than twenty-five dollars for each offense. Sec. 19. Garbage boxes for the deposit of refuse matter. All store keepers or persons engaged in any business, the rear door of whose place of business opens upon any public alley, or other public place within the city of Marseilles shall maintain a garbage box of sufficient capacity to hold all garbage and refuse ) ) ) Streets, Alleys and Public Grounds. 99 1 . > matters made about such place of business. Such garbage p t> A \ r> M 1 r> ^ ■' ’o' boxes shall be kept in a clean and sanitary condition and emptied from time to time when required and upon the order of the street commissioner of the city of Marseilles: Provided, that any store keeper, merchant or person engaged in any busi¬ ness, as aforesaid, who fails to fprovide such garbage box, shall not be permitted or allowed to deposit any refuse matters of any description whatsoever, in any public alley or other public place within the city of Marseilles, and upon violation of this section, shall be fined not less than five dollars nor more than fifty dollars for each offense. Sec. 20. Taking stallion or jackass through streets. It shall be unlawful for any person or persons to lead, ride or drive any stallion or jackass through the streets of the city of Mar¬ seilles between the hours of sunrise and sunset without first covering said animal with a blanket that shall cover it to the knees; any person or persons violating this section shall, upon conviction, be fined not less than three dollars nor more than twenty-five dollars for each offense. 100 Boundaries o c City Axnd W*rds. c c c c c c c c L c ^ f ” / d CC( c c c c C f. C C C f. f c CHAPTER XVII. BOUNDARIES OF CITY AND WARDS. ARTICLE I. BOUNDARIES OF THE CITY OF MARSEILLES. Section 1. Boundaries of the city. ARTICLE II. BOUNDARIES OF THE WARDS. Section 1. 2 . 3. 4. City to be divided into wards. First ward. Second ward. Third ward. ARTICLE I. BOUNDARIES OF THE CITY OF MARSEILLES. Section 1. Boundaries of city. The city of Marseilles shall comprehend all that territory within the following limits or boundaries, to-wit: Commencing at the north bank of the Illinois river in section thirteen (13) at meander corner known as No. six (6) in the government notes, thence North thirty- seven (37) minutes West one thousand four hundred and twenty (1420) feet to the north boundary line of the Chicago Rock-Island & Pacific railway company’s right of way, thence South seventy-three degrees and fifty-five minutes (73-55), East four hundred and forty-five (445) feet, thence South eighty-nine degrees and forty-five minutes (89-45) east on the quarter sec. line eight hundred and eighty and five-tenths (880.5) feet, thence North thirty-seven (37) minutes West two thousand six hun¬ dred and forty (2640) feet along the east line of the west half of the north-west quarter of section thirteen (13), thence South eighty-nine degrees and forty-five minutes (89-45) East on the north section line of section thirteen (13) three thousand eight Boundaries of City and Wards. 101 hundred and ninety-four (3894) feet, thence North on the Range line six hundred and forty-five (645) feet, thence South eighty-nine degrees and fifty-eight (89-58) minutes east one thousand eight hundred and ninety-nine (1899) feet, to the west line of Colorado street, thence south along the said vest line of Colorado street six hundred and forty-five (645) feet, thence South eighty-nine degrees and fifty-eight (89-58) minutes East along the north section line of section eighteen (18) one thousand three hundred and twenty (1320) feet,thence south two hundred and sixty-eight (268) feet, thence North eighty-nine degrees and fifty-eight minutes (89 58) West six hundred and eighty-two (682) feet to the east line of Chicago street, thence South one degree and thirty (1-30) minutes East along said east line of Chicago street two thousand five hundred and twenty eight (2528) feet, thence South eighty-nine degrees and forty-five (89-45) minutes east six hundred and eighty-two (682) feet, thence south twenty-five (25) feet, thence South eighty- nine degrees and forty-five (89-45) minutes east parallel with the east and west quarter section line of section eighteen (18) one thousand nine hundred and fifty (1950) feet to the inter¬ section of west line of Corn street, thence South thirtv-two de¬ grees wbst along the west line of said Corn street one thousand one hundred and ninety-five (11 95) feet to the intersection of the east section line of section eighteen (18), thence South thirty-five (35) minutes east along said section line two hun¬ dred and twelve and five tenths (212-5) feet, thence South eighty-nine degrees and forty-five (89-45) minutes east along the north line of the south-west quarter of section seventeen (17) township thirty-three (33) north range five (5) east of the third principal meridian one thousand three hundred and twenty four (1324) feet, thence South thirty-five (35) minutes east along the east line of the south west quarter of the south¬ west quarter of section seventeen (17) one thousand seven hun¬ dred and twenty-six (1726) feet to the north boundary of the Chicago, Rock Island & Pacific railway company’s right of way, thence North seventy-two degrees (72) west along the north boundary of said railroad one thousand three hundred and eighty (1380) feet to the south-east corner of section eighteen (18) , thence North eightv-nine degrees and thirty-seven (89 37) minutes west on the south section line of section eighteen (18) 102 Boundaries of City and Wards. to the east line of Liberty street three thousand and fifty-three and six-tenths (3053.6) feet, thence South thirteen degrees and forty (13-40) minutes west six hundred and seventy eight (678) feet to the bank of the Illinois river, thence along the meander line of said river to the place of beginning. ARTICLE II. BOUNDARIES OF WARDS OF THE CITY OF MARSEILLES. Section 1. City to be divided into wards. The city of Marseilles shah be and is hereby divided into three wards which shall be known and bounded as follows: Sec. 2. First ward. The first ward shall embrace all that portion of the city of Marseilles east of a line beginning at the Illinois river and at the center of Pearl street, thence northerly along the center of said Pearl street to its intersection with Orange street, thence north-easterly along the center of said Orange street to its intersection with Carter street, thence northerly and easterly along the center of said Carter street to its intersection with Colorado street, thence northerly along the center of said Colorado street to the city limits. Sec. 3. Second ward. The second ward shall comprise all that territory east of a line beginning at the Illinois river bridge in the center of Main street and running thence northerly along the center of said Main street to its intersection with Bluff street, thence westerly on Bluff street to the intersection of said Bluff street with Fillebrown street, thence northerly and easterly along the center of said Fillebrown street to its inter¬ section with the tow'nship line road, thence northerly on said township road to the city limits, and west of the heretofore described west line of the First ward. Sec. 4. Third ward. The third ward shall comprise all that territory west of the heretofore described west line of the said second ward, and shall extend to the city limits on the north, south and west. Grades and Sidewalks. 103 CHAPTER XVIII. GRADES AND SIDEWALKS. ARTICLE I. GRADES. Section 1. 2 . 3. Bench mark established. Grade estaolished for Main street. Other grades to conform herewith. ARTICLE II. SIDEWALKS. Section 1. 2 . 3. 4. 5. 6 . 7. 8 . 9. Grades. Materials. Manner of constructing sidewalks. Special ordinance. When owner furnishes material. Guards for steps—cellar ways, etc. Leaving team so as to obstruct walk. Gates swinging over sidewalk. Officers to report defects. ARTICLE I. GRADES. Section 1. Bench mark established. That the datum plane of all grade elevations in and for the city of Marseilles, be and the same is hereby declared to be a plane on the same level as the top of the south-west corner of the south concrete abut¬ ment of the bridge over the Illinois & Michigan canal on Main street in said city, which is hereby declared to be the bench mark for said purpose, and said datum plane shall be known as sixty-six and three hundred and seventy-three thousandths (66.373) for all elevations. Sec. 2. Grade established for Main street. Commenc¬ ing at a point fifteen feet north of the south line of Bluff street 104 Grades and Sidewalks. in said city which is seventeen and six hundred and twenty- seven thousandths (17.627) feet above the datum plane hereto¬ fore established in section one of this ordinance, thence South along the center line of Main street to the intersection of said Main street with the south line of Clark street, in said city, at a grade of two and eight-tenths per cent. (2.8), thence South along the center line of Main street on the south line of Wash¬ ington street at a grade of three and one-tenth per cent. (3.1), thence South along the center line of Main street to the north track of the Chicago, Rock Island and Pacific railroad at a grade of three and seven-tenths percent. (3.7), thence South along the center line of said Main street to the south end of the bridge over the Illinois & Michigan canal at a grade of twenty-five hundredths per cent. (.25), thence South along the centerline of said Main street to the north end of the north race bridge at a grade of one and eight-tenths per cent (1.8), thence South along the center line of said Main street to the north line of River street, at a grade of six-tenths percent. (.6), thence South along the center line of said Main street to the north end of the bridge over the Illinois river at a grade of four per cent. (4). Sec. 3-. Other grades to conform herewith. All other grades heretofore and hereafter established in any of the streets of the city of Marseilles shall conform with and be established from the datum plane herein established in section one of this ordinance. ARTICLE II. 4 SIDEWALKS. Section I. Grades. Whenever any sidewalk is hereafter to be laid upon or along any street or other public place within the corporate limits of the city of Marseilles, the person or per¬ sons about to build or lay such walk shall ascertain from the city engineer the correct grade of such walk, which grade shall be established by ordinance before the construction of such sidewalk, and such sidewalk shall be then laid to such grade as established. Sec. 2. Materials. All sidewalks hereafter constructed upon or along any street or other public place within the cor¬ porate limits of the city of Marseilles, shall be constructed of Grades and Sidewalks. 105 concrete, unless otherwise directed by the city council by an ordinance adopted for such purpose. Sec. 3. Manner of constructing sidewalks. All such sidewalks which may hereafter be constructed of concrete shall have at least six inches of well compacted cinders as a foun¬ dation. Such walk shall have an inclination toward the gutter of at lea^t one-fifth of an inch to each foot in width, with the inner line thereof one foot from the property line unless other¬ wise especially provided for by ordinance. No sidewalks shall be hereafter constructed except under the supervision of the city superintendent of streets. No sidewalks shall hereafter be constructed within the corporate limits of the city of Marseilles in any other manner unless the same is duly authorized by the city council and provided for by ordinance. Sec. 4. Special ordinance. Hereafter when any such sidewalk shall be ordered laid by the city council a special ordi¬ nance shall be passed prescribing in what manner the cost of such improvement shall be paid, which shall be either by gener¬ al taxation, special taxation or special assessment, and such ordinance shall conform to the statute prescribing the method of procedure under the manner of payment adopted. Sec. 5. When owner furnishes materials. Hereafter w T hen any ordinance has been adopted providing for the con¬ struction of any sidewalk to be constructed of lumber or wdiere any sidewalk needs repair which is constructed of lumber, the property owner or owners along the street or public place where such work is to be done shall furnish all the lumber and other material necessary for such construction or repairs, and the city shall build, repair or construct such sidewalk. Sec. 6 . Grades for steps, cellarways, etc. No steps platform or other fixture shall extend into or upon any side¬ walk or alley in this city more than three feet; and all stairs or steps encroaching upon any sidewalk or alley and leading to the upper story of any building shall be securely fastened to the wall of such building and supported without posts or pillars. No open cellarway or basement steps shall be permitted to ex¬ tend into any sidewalk more than three feet, and in all cases shall be protected with a substantial iron railing, and no such 106 Grades and Sidewalks. cellarway or basement steps be constructed unless first being sanctioned by the city council and a permit obtained therefor. All closed cellarwavs and basement openings shall be covered with iron doors, which shall conform to the surface grade of the sidewalk and shall be securely fastened to the walk with hinges that do not extend above the surface of the sidewalk, all coal hole covers shall be of iron and shall not be depressed below nor extend above the surface of the sidewalk, and shall be securely set in the walk in such a manner as .not to obstruct the free passage over the sidewalk. All gratings over any basement window or door shall not extend into the sidewalk more than two feet and said gratings shall be constructed of iron, the bars thereof not more than one inch apart, said gratings to be placed flush with the surface of the sidewalk and even with the build¬ ing or property line of said sidewalk. Whoever violates or fails to comply with any of the provisions of this section shall be fined not less than three dollars nor more than twenty dol¬ lars, and every day he so violates such provision after the first conviction shall be deemed a separate offense. Sec. 7. Leaving team so as to obstruct walk. Whoever shall stop, fasten or leave any team or any animal in such a manner that the same or any vehicle attached thereto shall be an obstruction to any sidewmlk or crossing within this citv, shall be fined not less than three dollars nor more than ten dollars for each offense. Sec. 8. Gates swinging over sidewalks. Whoever shall cause, suffer or permit any gate owned or controlled by him within this city to swing across or stand over any sidewalk or any portion thereof shall be fined not less than one dollar nor more than ten dollars for each offense. Sec. 9. Officers to report defects. It shall be the duty of the chief of police and other police officers to report forthwith to the mayor all defects in any sidewalk within this city that may come to his or their notice, and, in case of anv accident occurring through any defect in any such sidewalk, to promptly report the same to the mayor together with a list of all wit¬ nesses thereto. Contracts for Public Works. 107 CHAPTER XIX. CONTRACTS FOR PUBLIC WORKS. Section 1 . Contracts—how let. 2. Estimates. 3. Profile—specifications. 4. Clerk to advertise for bids. 5 . Proposals and bond. 6. Bids opened. 7 . Contract—bond. 8. Extra work. 9 . Surplus earth. 10. Contracts payable from assessments. n. May suspend work. 12. Acceptance of work—payment. Section 1. ♦ Contracts—how let. All cor making of any public improvement, to be paid for in whole or in part by special assessment, and any work or public improve ment, when the expense thereof shall exceed two hundred dol¬ lars, shall be let to the lowest responsible bidder, in the manner hereinafter prescribed, such contract to be approved by the mayor: Provided, however, any such contract may be entered into by the proper officer without advertising for bids, and without such approval, by a vote of two-thirds of all aldermen. Sec. 2. Estimates. Before the letting of any contract by the city council for any public improvement, the city engineer shall be required to furnish in writing an estimate of the prob¬ able cost of such improvement, Sec. 3. Profile—specifications. Whenever any public improvement which is required to be let to the lowest respon¬ sible bidder, shall be ordered by the city council, it shall be the duty of the city engineer to prepare a plan or profile of the pro¬ posed improvement and specifications for the construction of the same, which plans and specifications after being approved 108 Contracts for Public Works. by the city council, shall be kept on file in the office of the city clerk, and shall be open to the inspection of the city officers and other persons interested therein. Sec. 4. Clerk to advertise for bids. It shall thereupon be the duty of the city clerk to advertise in the official news¬ paper of the city for bids to furnish materials and do said work according to the plans and specifications aforesaid. Such ad¬ vertisement shall be published at least three insertions in anv paper of weekly publication or at least ten days in a daily paper before the day fixed for the opening of said bids, and shall state the nature and extent of the improvements ordered, the place where the plans and specifications may be seen, and the time and place when and where the bids will be opened. The right to reject any and all bids shall be reserved in such advertise¬ ment. Sec. 5. Proposals—bond. All proposals for any such improvement shall be signed by the person bidding and shall be delivered to the city clerk enclosed in a sealed envelope upon the outside of which shall be stated the nature of the enclosure. Each bid shall be accompanied by a bond or certified check, in such amount as may be named in such advertisement, and in case of bond with sureties to be approved by the mayor and chairman of the committee in charge of such work or improve¬ ment, conditioned that, in case that the contract be awarded to such bidder, he will enter into contract and bond, as hereinafter required, to perform such work according to such specifications and plans. Sec. 6. Bids opened. All proposals or bids shall be opened and read by the city clerk at the next meeting of the city council after the time mentioned in such advertisement, in the presence of such bidders and other persons as may attend, and the council shall thereupon reject all bids or let the con¬ tract for such work or improvement to the lowest responsible bidder, Sec. 7. Contract—bond. Upon the letting or awarding of such work or improvement, the city attorney shall draw a contract between the citv of Marseilles and the person to whom the same has been awarded, which contract shall be properly Contracts for Public Works 109 executed in duplicate before such person shall be entitled to proceed with such work, and such contract shall be accompanied by a bond in the penal sum of twice the amount of such bid, with good and sufficient sureties to be approved by the mayor and city council, conditioned for the faithful performance of such work according to the terms of such contract and the ordinances of said city. Sec. 8. Extra work. No contractor shall be entitled to payment for any extra work done by him, unless such extra work shall have been specially ordered by the city council. Sec. 9. Surplus earth. No contractor or subcontractor for any work or improvement on any street or alley, or other public place within this city shall sell or otherwise dispose of any surplus earth. Whoever violates the provisions of this sec¬ tion shall be fined not less than ten dollars nor more than two hundred dollars. Sec. 10. Contracts payable from assessments. All per¬ sons taking any contracts with the city of Marseilles, and who agree to be paid from special assessments, shall have no claim or lien upon the city in any event, except from the collections of the special assessments made for the work contracted for. Sec. 11. May suspend work. In all contracts for the performance of any work or improvement the city shall reserve the right to suspend the work and annul the contract for a fail¬ ure on the part of the contractor to execute the same according to the terms thereof, and such action shall not affect the right of the city to bring an action on such contractor’s bond for non¬ performance of his contract. Sec. 12. Acceptance of work—payment. Upon the completion of any such work or improvement, the city engi¬ neer shall make a report in writing whether or not the same has been done according to the terms of the contract, and upon acceptance and approval of such report by the city council, a warrant shall be drawn upon the city treasurer for the amount due such contractor: Provided that during the progress of any such work the city council may require of the city engineer to make a report of the amount of work that has been completed and whether the same has been done according to the contract, Fire Limits. 110 and upon the acceptance and approval of such report by the city council it may order such contractor to be paid not to ex¬ ceed eighty-five per centum of the proportionate share of the contract price due for such work so completed; Provided, fur¬ ther, that at least fifteen per centum of the contract price shall alwavs be reserved for payment upon the final acceptance of the work by the city council. CHAPTER XX. FIRE LIMITS. Section 1. 2 . 3. 4. 5. 6 . - 7 . 8 . Limits prescribed. Character of buildings in fire limits. Wooden buildings prohibited. When buildings to be torn down. Manner of ascertaining damages. Wooden buildings damaged lees than fifty per cent. Building in violation of ordinance a nuisance. Wooden building defined. Section 1. Limits prescribed. All that portion of the city of Marseilles described as follows shall hereafter be known as “The Fire Limits’’of the city of Marseilles, to-wit; Com¬ mencing at the north-east corner of State and Bluff streets, thence southerly along the west side of said State street to the right of way of the Chicago Rock Island & Pacific railway com¬ pany, thence southerly on a parallel line with Main street and equal distance from said Main street to River street, thence easterly along the north line of said River street to the west head race, thence southerly to the Illinois river, thence westerly along the north bank of said Illinois river to a point one hun¬ dred feet west of the half section line of section thirteen (13), township thirty-three (33), range four (4) east of the third P. M., thence northerly on a line parallel with said half section line to the south bank of the Illinois & Michigan canal, thence easterly along said bank of said canal to a point opposite Perry street, thence across said canal to the center line of Perrv street, • . Fire Limits. 1 1 1 thence northerly along the center of said Perry street to Bluff street, thence easterly along said Bluff street to the place of beginning. Sec. 2. Character of building in fire limits. No build¬ ing or structure of any kind shall hereafter be erected or con¬ structed within the fire limits of this city, unless the outside and party walls thereof shall be composed entirely of brick, stone, iron or other non-combustible and fire-proof materials, and unless the roof, cornice and gutters shall be composed of, or shall be covered on the outside surface with copper, iron, zinc or other fire-proof material. Sec. 3. Wooden buildings prohibited. No person or persons shall construct, erect, repair, enlarge or remove from one place to another within the fire limits of this city, or shall remove from without said fire limits into the same, any build¬ ing or structure, the outer party walls of which are in whole or part composed of wood; or shall build or attach any wooden cornice or other wooden addition to or upon any building or structure now or hereafter being within said fire limits, with¬ out permission first obtained from the city council: Provided, that the owner of any building now located within the fire limits shall have the right to raise or lower the same to the es¬ tablished grade. Sec. 4. When buildings to be torn down. Whenever any building within the fire limits of this city shall have been dam¬ aged by fire, decay' or otherwise, to the extent of fifty percent- urn of the value of the same it shall be promptly torn down or removed bv the owner thereof. Sec. 5. Manner of ascertaining damages. The amount or extent of damage to any building within the fire limits by fire, decay or otherwise, shall be ascertained by three appraisers, to be selected as follows: One shall be selected by the owner of such building, the second shall be selected by the mavor of the city of Marseilles, and the two so selected shall choose a third. It shall be the duty of said appraisers to make a careful esti¬ mate of the damage to said building, and their decision shall be Fire Limits. 112 final and conclusive. Before a reference is made to such ap¬ praisers, it shall be the duty of the owner of such building to deposit with the city clerk the sum of six dollars to be applied as appraisers fees. Sec. 6. Wooden buildings damaged less than fifty per cent. Where the damage to any such building, the outer or party walls of which are composed wholly or in part of wood, has been ascertained to be less than fifty per centum of the value, and permission has been given by the city council to repair the same, it shall not be repaired so as to be higher than the high¬ est point left standing after such damage shall have occurred, or so as to occupy a greater space than said building occupied before the damage thereto. Sec. 7. Building in violation of ordinance a nuisance. Any building within the fire limits of this city which shall have been damaged by fire, decay or otherwise to the extent of fifty per centum of the value and which shall not be promptly torn down or removed by the owner thereof, and any wooden build¬ ing erected, placed or repaired within the fire limits contrary to the provisions of this ordinance is hereby declared a nuisance, and the owner or person in control of any such building shall be deemed guilty of maintaining a nuisance, and, upon conviction, shall be fined not less than ten dollars nor more than one hun¬ dred dollars for each offense, and the same shall be abated as provided herein for the abatement of nuisances. Sec. 8 . Wooden buildings defined. The term “wooden building” wherever used in this ordinance, shall be understood to embrace and mean all buildings, tenements, houses, out¬ houses, stables, sheds, and all structures of every description the outer walls or roofs, or any part thereof, of which are, in whole or part, constructed or built of wood. Health Regulations. 113 CHAPTER XXI. HEALTH REGULATIONS. Section 1. 2 . 3. 4. 5. 6 . 7. 8 . 9. 10 . Swill, filthy matter,etc., not to be deposited in street. Diseased animals not to be brought within the city. Diseased animals not to drink at public watering places. Spreading of small-pox. Changing wearing apparel. Bringing persons or clothing infected into city. Certain meats not to be sold. What animals condemned. Selling diseased food. Selling adulterated milk. Section 1. Swill, filthy matter, etc., not to bell or cistern. Whoever shall throw, cast, or deposit any filth, offal or other substance or thing of an offensive character in any public or private well or cistern within the jurisdiction of this city, shall be deemed guilty of creating a nuisance, and, upon conviction thereof, shall be fined not less than five dollars nor more than one hundred dol¬ lars for each offense. Sec. 10. Slaughter hoiuses, etc. Whoever shall maintain within this city, or within one-half mile of the outer limits there¬ of any slaughter house or establishment for steaming or render¬ ing lard, tallow, offal or other substances, or whoever shall with¬ in one mile of the outer limits of the city maintain any such slaughter house or establishment in such manner as to become foul or offensive, or so that it shall emit disagreeable smells or odors to the annoyance or detriment of any family or person, shall be deemed guilty of maintaining a nuisance, and, upon conviction, shall be fined not less than five dollars nor more than one hundred dollars for each offense. Sec- 11. Cockle burrs, thistles, weeds, etc. Whoever shall suffer or permit any cockle burrs, thistles, burdocks or jim- son weeds to grow or be in any lot or premises owned or con¬ trolled by him within the city of Marseilles, shall be deemed guilty of maintaining a nuisance, and upon conviction thereof, shall be fined not less than three dollars nor more than twenty- five dollars for each offense. Sec. 12. Privy becoming a nuisance. Whenever any privy or privy vault shall be kept or permitted to remain in such condition as to become offensive or unwholesome to any person or persons in the vicinity thereof the same shall be deemed a nuisance; and any owner or occupant of the premises upon which such privy is located, who shall neglect or refuse to abate the same after being notified so to do by the president of the board of health or any police officer, shall, upon conviction, be fined not less than five dollars nor more than fifty dollars, and every day such privy is so kept or permitted to remain after the first conviction shall be deemed a separate offense. Sec. 13. Cleaning privy vault. Whoever shall remove the contents of any privy vault within this city between the 160 Nuisances. hours of four in the morning and ten in the evening shall be deemed guilty of creating a nuisance, and, upon conviction, shall be fined not less than three dollars nor more than twenty five dollars for each offense. Sec. 14. Excavations in Streets, etc. Whoever shall, for any purpose dig or make any ditch, drain, excavation or hole in, across or under any street, alley, sidewalk or other public place within the city and shall not within a reasonable time re¬ fill the same and fix such street, alley, sidewalk or other place in as good condition as the same was found; or whoever shall, during the continuance or existence of such ditch, drain, exca¬ vation or hole, fail to have the same watched, guarded and pro¬ tected as to reasonably insure the safety of persons passing near the same, shall be deemed guilty of maintaining a nuisance, and, upon conviction, shall be fined not less than ten dollars nor more than one hundred dollars for each offense. Sec. 15. Unsafe scaffolding. Whoever shall erect or use, or cause or suffer to be erected or used, within this city, any in¬ secure or unsafe scaffold, whereby the safety of persons working thereon or passing thereunder may in any manner be endanger¬ ed, shall be deemed guilty of creating a nuisance, and, upon conviction, shall be fined hot less than five dollars nor more than fifty dollars for each offense. Sec. 16. Signs, etc., obstructing streets and sidewalks— height of awnings not less than seven feet from sidewalk. Whoever shall erect, suspend, keep or maintain any sign, awn¬ ing, goods, clothing, or other structure or thing over or across any street or .sidewalk within the city, or any tree or shrub with branches overhanging the same in such manner as to obstruct such sidewalk or street or render travel thereon inconvenient or unsafe; or whoever shall suffer any awning, sign or structure over any such street or sidewalk to remain in an unsafe or in¬ secure condition, shall be deemed guilty of maintaining a nuisance, and upon conviction, shall be fined not less than five dollars nor more than fifty dollars for each offense. Sec. 17. Unsafe coal vault. Whoever shall construct, keep or maintain any coal vault or other excavation beneath any sidewalk or street within this city, which is so constructed, Nuisances. 161 or so insufficiently covered as to be unsafe or insecure or to en¬ danger the lives or limbs of persons passing over or by the same, shall be deemed guilty of maintaining a nuisance, and upon conviction, shall be fined not less than fiye dollars nor more than fifty dollars. Sec. 18. Unsafe buildings, etc. Whoever shall within this city, construct or maintain any insecure or unsafe building, stack, wall, bill board, chimney or other structure, which from its situation, mode of construction, mode of repair, or other cause, may be dangerous to persons or property, shall be deemed guilty of maintaining a nuisance, and, upon conviction thereof, shall be fined not less than ten dollars nor more than one hun¬ dred dollars, and every week after the first conviction that such building or structure is so kept or maintained shall be deemed a separate offense. Sec. 19. Open* cellar doors, vaults, etc. Whoever shall leave open or shall suffer or permit to be left open, any cellar or trap door or the grating of any vault, in or upon any sidewalk, street or other public place within this city; or whoever shall keep or maintain any uncovered opening in any such place so as to endanger the life or limb of any persons passing the same shall be deemed guilty of maintaining a nuisance, and, upon conviction thereof, shall be fined not less than ten dollars nor more than one hundred dollars for each offense. Sec. 20. Dangerous sidewalks. Whoever shall construct or maintain within this city any .sidewalk or footway, which it is his duty to construct or maintain, in such manner as to be dangerous to persons passing along or over the same, or who¬ ever shall permit any such sidewalk to become and remain broken or out of repair so as to endanger the lives or limbs of persons passing along or over the same, shall be deemed guilty of maintaining a nuisance, and, upon conviction, shall be fined not less than ten dollars nor more than one hundred dollars for each offense. Sec. 21. Roofs, gutters, etc. Whoever shall suffer or per¬ mit any water to be discharged or thrown or to fall from any roof, gutter or water pipe into or upon the surface of any street 162 Nuisances. or sidewalk within this city, shall be deemed guilty of maintain¬ ing a nuisance, and, upon conviction thereof, shall be fined not less than three dollars nor more than twenty-five dollars for each offense. Sec. 22. Piling goods or materials on sidewalks, etc. Whoever shall place or pile any goods or personal property of any kind upon any street or sidewalk within this city and allow the same to remain for a longer space than three hours, shall be deemed guilty of maintaining a nuisance, and, upon conviction, shall be fined not less than three dollars nor more than twenty- five dollars for each offense: Provided, that this section shall not apply to the placing or piling any materials along any street or sidewalk adjacent to any building or structure in the course of construction or repair, where such materials so piled do not take up more than one-third of such sidewalk or street. Sec. 23. Buildings and fences in streets. Whoever shall make or cause to be made, any enclosure, fence or building of any kind extending upon, over or across any street, avenue, alley, sidewalk or other public place within the corporate limits of this city shall be deemed guilty of maintaining a nuisance, and, upon conviction, shall be lined not less than five dollars nor more than fifty dollars for each offense. ARTICLE II. ABATEMENT OF NUISANCES, Section 1. Procedure on conviction for maintaining nuisance. When any person shall have been convicted of erecting, keeping or maintaining any nuisance within this city or within the jurisdiction thereof, it shall be the duty of the court before whom such conviction is had, to order the defend¬ ant to forthwith abate and remove such nuisance within twenty- four hours, or within such time as may be specified by ordi¬ nances, and, in default of such removal, that the same be abated by the chief of police. Such order shgll be entered upon the docket of the court and be made part of the judgment in the case. Nuisances. 163 Sec. 2. Penalty for failure to abate nuisance. Whoever, having been found guilty of creating, keeping or maintaining a nuisance within the jurisdiction of this city, shall neglect or re¬ fuse to remove or abate the same within twenty-four hours after the first conviction or within such other time as may be specified by ordinance, shall be fined a like sum for every twenty-four hours, or such other period as may be specified by ordinance thereafter, that such nuisance is continued. Sec. 3. Chief of police to abate nuisance. Whenever any person, upon having been found guilty of creating, keep¬ ing or maintaining a nuisance within this city, or within the jurisdiction thereof, shall fail to abate or remove the same as provided in the foregoing section, it shall be the duty of the chief of police to proceed forthwith with due care and without any unnecessary destruction of property to remove or abate such nuisance and to keep an accurate account of all expenses attending such abatement and report the same to the city council, whose duty it shall be to order suit brought in the name of the city of Marseilles against such person to recover all such expenses and costs; Provided, that nothing herein con¬ tained shall be taken to prevent the summary abatement by the chief of police or president of the board of health, without such conviction, of anv nuisance from which there is imminent danger to the life, health or limb of any person. 164 Offenses. CHAPTER XXXII. ARTICLE I. Offenses Against Public Peace and Quiet. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13. 14. 15. Assault—challenge—affray—penalty. Disturbing the peace—disorderly conduct—profane language—penalty. Carrying concealed weapons—penalty. Congregating on streets prohibited. Unlawful assemblages—penalty. Unlawful assemblages on private premises. Disturbing lawful assemblages. Disturbing places of amusement—election. Boys loitering about streets, hotels, etc. Persons congregated upon streets—refusal to disperse. Intoxication. Resisting officer—assisting escape. False alarm of fire. Intoxication of officers. Furnishing liquor to prisoners. ARTICLE II. Offenses Against Public Morals. Section 1, 2 . 3 . 4. 5. 6 . 7. 8 . 9 . 10 . . 11 . 12 , 13. 14. 15. Indecent exposure—lewd act—penalty. Indecent cartoons, etc. Indecent exposure of stallions, etc. Indecent play, etc. Exhibiting and selling indecent publications. Cruelty to animals. Keeping gambling house. Gambling devices prohibited. Frequenting gambling houses. Fighting dogs, chickens, etc. Lottery prohibited. Keeping house of ill fame. Permitting premises to be used for house of ill-fame. Inmates frequenters of house of ill-fame. Procurer for house of ill-fame. Offenses. 165 ARTICLE III. Offenses Against Public Safety and Convenience. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . Discharging fire arms. Fast driving. Leaving animals unattended. Teams passing on street. Riding or driving on sidewalk or berm, Fast riding. Bicycles not to be run upon sidewalks or berms. Lamps on bicycle. Placing glass, tacks, etc. on sidewalk. Coasting. Signs—coal hole covers—cellar doors. Playing ball-flying kites in street. Obstructing street crossings. Frightening teams—obstructing sidewalks. Dangerous places guarded. Playing about railroad tracks—jumping on trains. Throwing water. Barbed wire fences. Poisonous vines. Electric wires crossing. ARTICLE IV. Offenses Concerning Property. Destroying property. Defacing property. Defacing posters, legal notices, etc. Advertisements on poles. Injuring trees, etc. Injuring property in park. Throwing stones. Removing corner stones. Hitching horses to trees. Standing horses on streets. Horses or teams not to be left standing in streets or open yards. ARTICLE V. Vagrants. Section 1. Not allowed ia city. 166 Offenses. ARTICLE I. OFFENSES AGAINST PUBLIC PEACE AND QUIET. Section 1. Assault—challenge—affray—penalty. Who¬ ever shall within this city commit an assault or an assault and battery upon the person of another, or shall be guilty of an af¬ fray or challenge or offer to fight another, shall be lined not less than three dollars nor more than one hundred dollars. Sec. 2. Disturbing the peace—disorderly conduct—pro¬ fane language—penalty. Whoever shall within this city break or disturb the peace by quarreling or scolding, or make any un¬ usual noise or disturbance, or engage in violent, tumultuous, offensive or disorderly conduct, or use profane language, vulgar or unseemly language, shall be fined not less than three dollars nor more than fifty dollars. Sec. 3. Carrying concealed weapons—penalty. Who¬ ever shall within this city wear or carry concealed about his person any pistol, revolver, slung-shot, metallic knuckles, bowie-knife, dirk, razor or other dangerous or deadly weapon, or whoever shall display or flourish any such weapon in a boisterous or threatening manner, shall be fined not less than five dollars nor more than one hundred dollars; Provided that this section shall not apply to any policeman, constable, or other peace officer while in discharge of his duty, nor to any person summoned by any officer to aid him in making an arrest or preserving the peace. Sec. 4. Congregating on streets prohibited. It shall be unlawful for any two or more persons to congregate on any street, alley, or sidewalk and engage in singing or loud talking to the disturbance of any citizen, or to the obstruction or block¬ ading of any street, alley or sidewalk, and every person so offending shall severally be fined not less than three dollars nor more than twenty-five dollars for each offense. Sec. 5. Unlawful assemblages—penalty. Any two or more persons who shall in this city assemble together for any unlawful purpose, or who being assembled, shall act in concert to do any unlawful act, or shall make any movement or prepar¬ ation therefor, shall severally be fined not less than three dol- Offenses. 167 lars nor more than twenty-five dollars for each offense, and shall, upon their failure or refusal to disperse after being re¬ quested so to do by any police or other city officer, be severally fined an additional sum of not less than five dollars nor more than fifty dollars. Sec. 6. Unlawful assemblages on private property. Whoever shall suffer or permit any assemblage for the purpose of committing any unlawful act or breach of the peace, or any riotous, offensive or disorderly conduct in or upon any premises owned or controlled by him within this city, shall be fined not less than five dollars nor more than fifty dollars. Sec. 7. Disturbing lawful assemblages. Whoever shall disturb or interrupt any lawful congregation or assembly met for the purpose of religious worship, or for any other lawful purpose, or any funeral or other procession, by making any loud or unusual noise, or by any rude or indecent behavior, or by profane, obscene or vulgar language, shall be fined not less than three dollars nor more than twenty-five dollars. Sec. 8. Disturbing places of amusement — election. Whoever shall conduct himself in a riotous or disorderly man¬ ner, or disturb the peace at any show or exhibition, theater or other place of amusement, or in or near any election pol 1 with¬ in this citv, shall be fined not less than three dollars nor more than twenty-five dollars for each offense. Sec. 9. Boys loitering about streets, hotels, etc. Any two or more boys who shall, in the night time, be found loiter¬ ing or strolling about the streets or alleys or in the public park or in the vicinity of any hotel, theater, railroad depot, church or other public place, and who shall fail or refuse to disperse and go to their respective homes when requested to do so by any member of the police force, shall be severally fined not less than three dollars nor more than twentv-five dollars. m/ Sec. 10. Persons congregated on streets—refusal to disperse. Any two or more persons who shall, either in the day time or night time, be found loitering, standing or congre¬ gated upon any street, alley or sidewalk or stairway, to the obstruction of such street, alley, sidewalk or stairway, or to the 168 Offenses. annoyance to the owner or occupant of the place of business or residence adjacent thereto, and who shall fail to disperse when requested to do so by any member of the police force, or by such owner or occupant, shall be severally fined not less than three dollars nor more than twenty dollars for each offense. Sec. 11. Intoxication. Whoever shall be found in a state of intoxication or drunkenness upon any street or alley or in the public park, or other place within this city, shall be fined not less than three dollars nor more than twenty-five dollars for each offense. Sec. 12. Resisting officer—assisting escape. Whoever in this city shall resist or obstruct any member of the police force in the discharge of his duty, or shall in any manner hinder or prevent him from discharging his duty or shall attempt to do so, and whoever shall in any manner assist or attempt to assist any person in the custody of any member of the police force to escape from custody, shall be fined not less than ten dollars nor more than one hundred dollars. Sec. 13. False alarm of fire. Whoever shall, within this city, knowingly make a false alarm of fire, or any false cry for assistance from any police officer, shall be fined not less than ten dollars nor more than fifty dollars. Sec. 14. Intoxication of city officers. If any officer of this city shall be intoxicated while in discharge of the duties of his office, he shall be fined for the first offense the sum of five dollars, and for the second offense the sum of twenty- five dollars, and for the third offense shall be guilty of a misdemeanor, and, on conviction of such misdemeanor, shall forfeit his office, and in such case the vacancy occasioned there¬ by shall be filled in the same manner as if such officer had filed his resignation in the proper office, and it had been accepted by the proper officer; Provided, such acceptance shall have been necessary to make the office vacant. The penalties provided in this section shall be recovered as provided by statute. Sec. 15. Furnishing liquor to prisoners. Whoever shall procure for, furnish or convey to any person or prisoner con¬ fined in the jail or city prison within this city, intoxicating or Offenses. 169 spirituous liquors, shall, for each offense, be fined not to exceed one hundred dollars, such fine to be recovered as provided by statute. ARTICLE II. OFFENSES AGAINST PUBLIC MORALS. Section 1. Indecent exposure — lewd act — penalty. Whoever shall, within this city make any indecent exposure of his or her person or shall appear in any place exposed to public view in an indecent or improper dress, or dress not belonging to his or her sex, or shall be guilty of any other indecent or lewd act, shall be fined not less than five dollars nor more than fifty dollars. Sec. 2. Indecent cartoons, etc. Whoever shall in any place within this city open to the public view, wrife, draw, cut, make, print, or paste any lewd or indecent word, sentence, car¬ toon, design, figure, bill or poster, shall be fined not less than five dollars nor more than fifty dollars. Sec. 3. Indecent exposure of stallions, etc. Whoever shall in any place open to public view within this city, in¬ decently exhibit any stallion, bull, jackass or other animal, shall be fined not less than five dollars nor more than fifty dollars. Sec. 4. Indecent play, etc. Whoever shall exhibit or perform, or shall assist in exhibiting or performing within this city, any obscene, indecent or lewd play or exhibition, or shall knowingly suffer or permit the same to be exhibitted or per¬ formed in any building or hall owned or controlled by him, shall be fined not less than twenty-five dollars nor more than two hundred dollars. Sec. 5. Exhibiting and selling indecent publications. Whoever shall bring or cause to be brought into this city for the purpose of sale or exhibition, or shall keep, sell, offer or ex¬ pose for sale, or in any way circulate or distribute any obscene or indecent publications, book, pamphlet, paper, print, picture, illustration, model, cast or any instrument or article of indecent 170 Offenses. or immoral use, or shall advertise the same for sale or exhibi¬ tion, shall be fined not less than twenty-five dollars nor more than two hundred dollars. Sec. 6. Cruelty to animals. Whoever shall within this city be guilty of cruelty to any dumb animal in any manner, or shall be guilty of turning out and abandoning any old, decrepit or worthless animal upon the public streets or commons, shall be fined not less than five dollars nor more than fifty dollars. Sec. 7. Keeping gambling house. Whoever shall with¬ in this city keep or maintain any gambling house or room, or any place where gambling or betting is carried on, or shall knowingly permit any such house, room or place to be so kept in or upon any building or premises owned or controlled by him, or whoever shall procure or permit any persons to come together in any house or place occupied or owned by him or under his control, for the purpose of playing for money or any other valuable thing at any game, or whoever shall keep or use or permit to be kept or used in any house or place occupied or owned by him or under his control, any keno or faro table, rou¬ lette wheel, wheel of fortune, shuffle boards, cards, or other in¬ strument or device used for the purpose of gambling, shall be fined not less than twenty-five dollars nor more than two hun¬ dred dollars. Sec. 8. Gambling devices prohibited. Whoever shall within this city set up or expose in any street, avenue or other public place any table or device of any kind upon which any game of chance or hazard can be played, or shall play at or upon any such table or device, shall be fined not less than ten dollars nor more than one hundred dollars. Sec. 9. Frequenting gambling houses. Whoever shall be an inmate of any gambling house or room or place used for the purpose of gambling within this city, or shall be in any way connected therewith, or shall frequent, or visit the same, or be found therein; or whoever shall within this city, play for any money or other valuable thing at any game with cards, dice, billiards, or any other instrument or device whatever, or who- Offenses. 171 ever shall bet on any such game when played by others, shall be fined not less than five dollars nor more than fiftv dollars. m/ Sec. 10. Fighting dogs, chickens, etc. Whoever shall within this city keep or use for the purpose of fighting, any dog, chicken or other creature, or whoever shall assemble in any room, cellar or other place within this city for the purpose of witnessing any such dog or chicken fight or fight between any other creatures, shall be severally fined not less than five dollars nor more than fifty dollars. Sec. 11. Lottery prohibited. Whoever shall within this city, set up, run or maintain any lottery or shall sell or dispose of, for gain, any ticket, chance or share in any lottery, or shall attempt to dispose of any article of property upon any chance by dice, lot, tickets, bumpers or other fraudulent device, or whoever shall knowingly permit any such lottery business or enterprise to be carried on in any building or premises owned or controlled by him, shall be fined not l^ss than ten dollars nor more than one hundred dollars for each offense. Sec. 12. Keeping hoiu»se of ill-fame. Whoever shall within this city or within three miles of the outer boundaries thereof, keep or maintain, directly or indirectly, any bawdy or disorderly house, house of ill fame, or place for the practice of fornication or adultery, shall be fined not less than fifty dollars nor more than two hundred dollars for each offense, and shall be subject to a further fine in a like sum for every forty-eight hours after the first conviction that such house shall be con¬ tinued or maintained. Sec. 13. Permitting premises to be used for houses of ill-fame. Whoever shall within this city knowingly lease any building or premises owned by him or under his control to be used in whole or in part as a house of ill-fame, or place for the practice of fornication or adultery, or whoever shah permit any building or premises owned or controlled by him to be so used, shall be fined not less than twenty-five dollars nor more than two hundred dollars, and shall be subject to a further fine in a like sum for every forty-eight hours after the first conviction that he shall continue to violate this section. 172 Offenses. Sec. 14. Inmate-s, frequenters of house of ill-fame. Whoever shall be an inmate or occupant of, or shall visit or frequent or be found in any house of ill-fame, or place used for the practice of fornication or adultery, within this city or within three miles of the outer boundaries thereof, shall be fined not less than five dollars nor more than fifty dollars for each offense. Sec. 15. Procurer for house of ill-fame. Whoever shall within this city or within three miles of the outer boundaries thereof, entice, or influence or persuade, or attempt to entice, influence or persuade any person to enter or frequent any house of ill-fame or place used for the practice of fornication or adultery, or whoever shall permit any minor to remain in any such house or place, shall be fined not less than twenty-five dol¬ lars nor more than two hundred dollars for each offense. ARTICLE III. OFFENSES AGAINST PUBLIC SAFETY AND CONVENIENCE. Section 1. Discharging fire arms. Whoever shall within this city fire or discharge any cannon, gun, pistol, fowling piece or fire arm of any description, or fire or explode any squib, rocket, fire cracker or other thing containing powder or other explosive material, shall be fined not less than three dollars nor more than twenty-five dollars; Provided, the discharge of fire arms or the exploding of fire works upon the express published proclamation of the mayor and Ihe discharge of fire arms by any peace officer in the discharge of his duty, and the discharge of fire arms within any licensed shooting gallery shall not be deemed violations hereof. Sec. 2. Fast driving. Whoever shall ride or drive any horse or horses or other animals in any avenue, street or alley within this city, at a greater rate of speed than eight miles per hour, or whoever shall wilfully or heedlessly drive any such animal or any vehicle attached thereto shall come in collision with any other animal or vehicle, or shall strike any person, shall be fined not less than three dollars nor more than fifty dollars. Offenses. 173 Sec. 3. Leaving animals unattended. Whoever shall leave any horse, mule or team unattended upon any street, alley or other uninclosed place within this city, without being securely fastened or hitched, shall be fined not less than three dollars nor more than twenty dollars. Sec. 4. Teams passing on street. All persons meeting each other in or on vehicles in any street, alley or other public place within this city, shall seasonably turn to the right (un¬ less the nature or condition of the road shall render it impracti¬ cable) so as to pass each other without injury. Whoever shall violate the requirements of this section shall be fined not less than three dollars nor more than ten dollars. Sec. 5. Riding or driving on sidewalk or berm. Who¬ ever shall ride or drive any horse, mule or cattle or like animal, or any carriage, wagon, cart or other vehicle drawn by any such animal, on or across any sidewalk, curbing, berm, lawn or other grass plat within this city, where-there is no regular approach to the same, shall be fined not less than three dollars nor more than twenty-five dollars for each offense; Provided, that the word “berm” shall be taken to mean that part of the street be¬ tween the sidewalk and curb line. Sec. 6. Fast riding. Whoever shall ride any bicycle or other vehicle in any street, alley or other public place within this city at a greater speed than eight miles per hour, or who¬ ever shall wilfully or heedlessly ride any bicycle or other ve¬ hicle so that the same shall strike against any person or against any vehicle shall be fined not less than five dollars nor more than twenty-five dollars. Sec. 7. Bicycles not to be run upon sidewalks or berms. Whoever rides any bicycle upon any sidewalk, parking or berm within the city of Marseilles shall be fined not less than three dollars nor more than twenty dollars for each offense. Sec. 8. Lamps on bicycles. Whoever shall ride any bicycle in any street, alley, park or other public place within this city one hour after sunset and until one hour before sun¬ rise, without having securely attached thereto a lighted lamp, the rays of which can be distinctly seen ahead of such bicycle, 174 (Offenses. shall be fined not less than three dollars nor more than twenty- hve dollars, for each offense. Sec. 9. Placing glass, tacks, etc., on sidewalk. Who¬ ever shall deposit, place or leave upon any sidewalk, street, alley, park or other public place within the city limits any broken glass, crockery, nails, tacks, tin or iron cuttings, wire or other article or thing liable to wound or injure any man, beast or vehicle, shall be fined not less than three dollars nor more than twenty dollars for each offense. Sec. 10. Coasting. Whoever shall ride any bicycle or other vehicle in any street, alley or other public place within this city with both hands off the handlebars or both feet off the pedals in the manner known as coasting, shall be fined not less ♦ than three dollars nor more than twenty dollars. Sec. 11. Signs—coal hole covers—cellar doors. No sign shall project or extend over any sidewalk within this city, except signs that shall be at least eight feet from the sidewalk and shall not extend beyond three feet from any building; nor shall any coal hole cover or cellar door rise or project above or be de- pressed below the surface of the sidewalk. Whoever shall suf¬ fer or permit any sign, coal hole cover or cellar door to be or remain in violation of this ordinance after having been notified to rectify the same by the mayor or chief of police, shall be fined not less than three dollars nor more than twenty dollars, gnd shall be fined a like sum for every twenty-four hours after the first conviction that the same is permitted to so remain. Sec. 12. Playing ball—flying kites in street. Whoever shall play ball or raise or fly any kite in any part of the city de¬ voted to business purposes, or whoever shall in any street, alley or public place play ball or raise or fly any kite to the distur¬ bance or annoyance of any citizen or person passing along any such street, alley or other public place, shall be fined not less than one dollar nor more than twenty dollars. Sec. 13. Obstructing street crossings. Whoever shall stop any horse, mule, cattle or any other animal, or any street car, carriage, wagon or other vehicle on any street crossing in this city, or shall otherwise obstruct any such crossing so as to Offensf.s. 175 inconvenience persons attempting to cross the same, shall be fined not less than three dollars nor more than ten dollars. Sec. 14. Frightening teams—obstructing sidewalks. Whoever shall engage in any game, sport or amusement, or ex¬ hibit any animal or machine, or do anything else in the streets or upon the sidewalks of this city which shall have a tendency to frighten horses or interfere with teams, vehicles or persons passing along the street or sidewalks, shall be fined not less than three dollars nor more than twenty dollars. Sec. 15. Dangerous places guarded. Whoever shall leave open any coal hole, cellar door, vault, well, excavation, ditch or other hole, upon or adjoining any street, alley or side¬ walk within this city without securing or protecting the same so as to prevent persons or animals from falling therein, shall be fined not less than three dollars nor more than fifty dollars. Sec. 16. Playing about railroad tracks—jumping on trains. Whoever shall play about or upon any railroad track, depot, locomotive or car within this city, or, not being a regu¬ lar passenger, shall climb on or off any locomotive, car or train of cars within this city while the same is in motion, shall be fined not less than three dollars nor more than twenty-five dollars. Sec. 17. Throwing water. Whoever shall wilfully or heedlessly turn any stream of water from any garden or fire hose or hydrant upon any person or upon any private premises, except in discharge of his duty in case of fire, shall be fined not less than three dollars nor more than twenty dollars. Sec. 18. Barbed wire fences. Whoever shall erect any fence along any street or alley or other public place within this cit}r of which barbed wire or other sharp pointed or dangerous material forms a part, shall be fined not less than five dohars nor more than twenty-five dollars, and whoever shall suffer or permit any such fence to remain along any property owned or controlled by him and separating the same from any street or alley or other public place within this city after receiving notice to remove the same by the chief of police, shall be fined a like sum for every forty-eight hours thereafter that it so remains. 176 Offenses. Sec. 19. Poisonous vines. Whoever shall plant any poison ivy or other poisonous vine or plant within this city so near any public sidewalk, street or alley as to injuriously affect passersby, or whoever shall permit any such vine or plant to so grow in or upon any premises owned or controlled by him, shall be fined not less than ten dollars nor more than twenty-five dollars for each offense. Sec. 20 Electric wires crossing. Whenever in this city the routes of electric light or power wires and the wires of any other electrical system intersect or cross each other, the person, firms or corporation owning or controlling the wires underneath, shall within thirty days after such conditions become estab¬ lished, erect and thereafter maintain proper guard wires or other safeguards so arranged as to prevent contact between the wires of such systems. Whoever violates or fails to comply with the provisions of this section shall be fined not less than ten dollars nor more than fifty dollars for each offense, and every day such wires so remain unguarded after the first convic¬ tion, shall be deemed a separate offense. ARTICLE IV. OFFENSES CONCERNING PROPERTY. Section 1. Destroying property. Whoever shall will¬ fully, maliciously or negligently break, deface, injure or destroy any property of the city or the property of any private person or corporation therein, shall be fined not less than three dollars nor more than one hundred dollars. Sec. 2. Defacing property. Whoever shall without the consent of the owner or occupant of the premises, post, paint, put up, stick or place any hand bill, placard, show bill or notice upon any building or fence, or shall cut, mark, scratch, deface or otherwise injure any fence gate or railing, or any part of any building, shall be fined not less than five dollars nor more than twenty-five dollars, Provided, that this section shall not apply to officers who may post notices as provided by law or ordinance. Sec. 3. Defacing posters, legal notices, etc. Whoever shall cover, mutilate, deface, tear down, destroy or injure in any Offenses. 177 manner any poster, bill, advertisement or legal notice lawfully upon any bill board or other place within this city within ten days after the same shall have been posted, or when such poster -or notice is dated, until after the date of the happening of the event of which notice is given, shall be fined not less than five dollars nor more than twenty-five dollars. Sec. 4. Advertisements on poles. Whoever shall paint, tack, or stick or otherwi.se attach any sign, advertisement, bill or poster to any telegraph, telephone, street car or other poles in any street, alley or other public place within this city, shall be fined not less than three dollars nor more than twenty •dollars. Sec. 5. Injuring trees, etc. Whoever without authority from the owner, shall within this city, cut, injure, remove or de¬ stroy any fruit, ornamental or shade tree, or the boxing around the same, or any fence, railing, gate, post, sign, curb stone, style, hydrant or out-building upon any public aground, lawn, sidewalk or private premises or whoever shall enter any private premises against the consent of the owner or occupant thereof, or shall trespass upon any private premises or public grounds, or injure, take away or destroy any tree, shrub, fruit, plant, vegetable or other thing which may be therein for ornament or utility, shall be fined not less than three dollars nor more than fifty dollars. Sec. 6. Injuring property in park. Whoever shall throw or cast any cigar stump, tobacco or other thing or substance into or upon the fountain, or the basis of the fountain, or in¬ jure, cut, break, or deface any seat, tree, lamp, shrub, flower, fountain or other thing in the public park, shall be fined not less than three dollars nor more than fifty dollars. Sec. 7. Throwing stones. Whoever shall throw or cast any stone, brick, club, snow-ball or other missile at or against any tree, electric light or window glass or pane in any store, house or other building or in or upon any street, alley, park or other public place or any private premises within this city, shall be fined not less than three dollars nor more than twenty- five dollars. Offenses. 178 Sec. 8. Removing corner stones. Whoever shall wil¬ fully or heedlessly change, remove or destroy any stone, stake or post set or placed to mark the corner of any lot or parcel of ground, street, alley, or to show the grade of any street, alley or sidewalk within this city, shall be fined not less than five dol¬ lars nor more than fifty dollars. Sec. 9. Hitching horses to trees. Whoever shall hitch or fasten any horse, mule or other animal to any fence or shade tree, or to the boxing around any shade tree, upon or adjoining any street, alley, park or other public place, without the con¬ sent of the owner or occupant of the adjacent premises, shall be fined not less than three dollars nor more than ten dollars for each offense. Sec. 10. Standing horses on streets. Whoever shall make a regular stand or stopping place for any horse, horses, animal or animals upon or along any street, alley or other pub¬ lic place within this city, unless such place has been authorized and designed as a public stand by ordinance, shall be fined not less than three dollars nor more than twenty dollars. • * Sec. 11. Horses or teams not to be- left standing in streets or open yards. It shall be unlawful for any person or persons to allow any horse or team of horses to be left standing upon the streets, or in any open yard in the city of Marseilles, for more than five hours in the day time or more than three hours in the night time, any horse or team of horses so found standing in any street or open yard in violation of this section shall be removed by the chief of police or any police officer on duty and placed in a stable; Provided, that the police officer upon duty shall first notify the person or persons in charge of the same to remove them from the street or open yard if said person or persons can be found. Any person or persons violat¬ ing this section and whose horse or team of horses shall have been stabled by the police officer on duty, shall be fined not less than three dollars nor more than twenty dollars for each offense, and the expense of stabling and caring for said horse or team of horses shall be taxed as costs upon conviction of said offense. . . Offenses. 179 ARTICLE V. VAGRANTS. Section 1. Not allowed in city. All persons who are idle and dissolute and go about begging; all persons who use any juggling or other unlawful games or plays; runaways, pilferers, confidence men, common drunkards, lewd, wanton and lascivi¬ ous persons, in speech or behavior; common railers and brawl¬ ers; persons who are habitually neglectful of their employment or them calling, and do not lawfully provide for themselves, or for the support of their families; and all persons who are idle or dissolute and w 7 ho neglect all lawful business, and w’ho habitu¬ ally mis-spend their time by frequenting houses of ill-fame, gaming houses or tippling shops; all persons lodgingin, or found in the night-time in outhouses, sheds, barns, or unoccupied buildings or lodging in the open air, and not giving a good ac¬ count of themselves; and all persons who are known to be thieves, burglars or pick-pockets, either by their own confession or otherwise, or by having been convicted of larceny, burglary, or other crime against the laws of the state, punishable by im¬ prisonment in the state prison, or in a house of correction in any city, and having no lawful means of support, are habitually found prowling around any railroad office, or depot, banking institution or brokers office, place of public amusement, auction room, store, shop, or crowded thoroughfare, car or omnibus, or at any public gathering or assembly, or lounging about any court room, private dwelling houses or out houses, or are in any house of ill-fame, gambling house or tippling shop, shall be deemed to be and they are declared to be vagrants, and, upon conviction thereof, shall be fined not less than five dollars nor more than twenty-five dollars, or imprisonment in the city jail not exceeding thirty days. 180 Fines and Penalties. CHAPTER XXXIII. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . FINES AND PENALTIES. Actions—where brought. Actions—how commenced. Warrants—by whom served. Bond for appearance. Failure to appear—forfeiture of bond. Trial by jury. Officers to attend as witnesses. Punishment upon conviction. Working out fine. Fare while working out fine. Magistrate to keep records—pay over fines. Payment of costs by the city. Section 1. Actions—where brought. All actions for the recovery of any fine or to enforce any penalty under any ordi¬ nance of the city of Marseilles shall be brought before the police magistrate or any justice of the peace, and shall be brought in the corporate name of the city, and no prosecution, recovery or acquittal for the violation of any such ordinance shall consti¬ tute a defence to any other prosecution of the same party for any other violation of any such ordinance, although the differ¬ ent causes for action existed at the same time, and, if united, would not have exceeded the jurisdiction of the court or magistrate. 3 Sec. 2. Actions—how commenced. In all actions for the violations of any ordinances of the city of Marseilles the first process shall be a summons; Provided, however, that a warrant for the arrest of the offender may issue in the first in¬ stance upon the affidavit of any person making a complaint has reasonable grounds to believe the party charged is guilty there¬ of, and any person arrested upon such warrant shall, without unnecessary delay, be taken before the proper officer to be tried for the alleged offense; Provided further, that nothing in this section shall prevent any police or other officer of the city of Fines and Penalties. 181 Marseilles from making an arrest upon sight for any violation of any ordinance of the city. Sec. 3. Warrants—by whom served. All warrants for violation of ordinances, and all criminal warrants to whomso¬ ever directed, may be served and executed within the corporate limits of this city by any policeman thereof, such policeman being clothed with all the common law and statutory power of constable for such purpose. Sec. 4. Bond for appearance. Any person who may be arrested or in the custody of any police officer for the violation of any law or ordinance of this city, may be released from custody or imprisonment by entering into a bond or recogni¬ zance before the police magistrate or any justice of the peace before whom he may be brought in such reasonable sum and with such sureties as may be required of him conditioned to appear before the court named therein at the time mentioned therein, to answer to the offense with which he maybe charged. Sec. 5. Failure to appear—forfeiture of bond. When any person being arrested or in custody and having given bond as aforesaid, shall fail to appear at the time and place where and when the suit is set for trial, the police magistrate or justice of the peace may proceed with the hearing of the case and hear the testimony on behalf of the city and render judgment by de¬ fault for such amount as the court shall deem just and proper under the evidence in the case, and suit shall forthwith be brought against the surety or sureties on the defendant’s bond. Sec. 6. Trial by jury. No person shall be imprisoned for non-payment of a fine or a judgment in any civil, criminal, quasi-criminal or qui-tam action, except upon conviction by a jury, provided that the defendant or defendants in any such action may waive a jury trial by executing a formal waiver, in writing, and when such a waiver of a jury is made, imprison¬ ment may follow the judgment of the court without conviction by the jury; Provided, this section shall not apply to fines in¬ flicted for contempt of court. Sec. 7. Officers to attend as witnesses. All police offi¬ cers making arrests shall attend as witnesses before the court 182 Fines and Penalties. in which the prisoner is tried and shall procure all necessary evidence in their power and furnish the same to the city at¬ torney. No such officer shall be entitled to any witness fees from the city for attendance upon any such trial. Sec. 8. Punishment upon conviction. Any person upon whom any fine or penalty shall be imposed, and upon the order of the court or magistrate before whom the conviction is had, shall be committed to the county jail or the city jail until such fine, penalty and costs shall be fully paid; Provided, that no such imprisonment shall exceed six months for any one offense. Sec. 9. Working out fine. Every person committed to jail for the violation of an ordinance of this city, shall be re¬ quired to work for the corporation at such labor as his or her strength will permit, under the direction of the chief of police, not exceeding nine hours each working day; and for each work¬ ing day the prisoner so employed shall be allowed exclusive of his or her board the sum of one dollar and twenty-five cents to apply on account of such fine and costs. In working out such fine and costs as aforesaid the person so working may be required to saw wood, break stone, work upon the public streets, clean up and repair any public property or any other work di¬ rected by the said chief of police. Sec. 10. Fare while working out fine. Every person while working out a fine shall be provided with wholesome and substantial food at the expense of the city, instead of the plain prison fare to be provided while no work is being done. Sec. 11. Magistrate to keep record—pay over fines. It shall be the duty of the police magistrate and the justice of the peace before whom any prosecutions under the ordinance of the city of Marseilles are had, to keep a separate record of all such prosecutions, the names of the persons convicted and the amount of the fine imposed together with the dates and the amount of all fines paid; and such magistrate or justice shall make a full report to the city council at the first regular meet¬ ing in each month showing in detail all such fines imposed by him during the past month, and all moneys received by any such magistrate or justice shall be forthwith turned over to the city treasurer and his receipt shall be taken therefor. Fines and Penalties. 183 Sec. 12. Payment of costs by the city—parties fined. The costs in criminal and quasi criminal prosecutions for the violation of any ordinance of this city may be paid by the city in the discretion of the city council: Provided, that no moneys shall be retained by the police magistrate or justice of the peace from fines collected to apply upon such costs, but shall be re¬ tained by the police magistrate or justice of the peace from fines collected to apply upon such costs duly presented to them for their consideration. No police magistrate or justice of the peace shall upon a plea of guilty being entered by any person brought them, for the violation of any ordinance of the city of Marseilles, be allowed to tax as costs against said person a trial fee nor shall the taking of evidence to determine the guilt of any person be considered a trial, so as to allow the taxing of said trial fee. 184 Scavenger. CHAPTER XXXIV. SCAVENGER. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . License. Penalty. Bond. Cleanliness. Disposition. When vaults shall be cleaned. Health officer to notify. Scavenger to comply with ordinance—penalty for violation. Fees to be charged. Section 1. License. The mayor and city council of the city of Marseilles shall, from time to time, grant licenses to any person, company or corporation, to engage in the business of emptying, cleaning or removing the contents of privy vaults. And every person, company or corporation engaged in said business shall be deemed a scavenger within the meaning of this ordinance. Sec. 2. Penalty. No person, company or corporation within the city of Marseilles shall empty, clean or remove the contents of any privy vault, or in any manner engage in the business of scavenger, without first having obtained a license so to do, under a penalty of not less than twenty-five dollars nor more than two hundred dollars for each offense; Provided, that the owners, occupants or agents* of privy vaults within the city, desiring to clean or remove the contents thereof themselves without the aid of scavengers, may be allowed to do so upon the written permission of the health officer, and then only in such manner as the health officer in said permit shall direct. Sec. 3. Bond. Every person, company or corporation applying for such license, shall pay to the city treasurer there¬ for the sum of ten dollars per annum, and shall execute a bond to the city of Marseilles in the penal sum of five hundred dol- Scavenger. 185 tars, with at least two sureties, to be approved by the mayor and city council, conditioned that the said scavenger shall com¬ ply with the provisions of the ordinances of said city, and the ordinances which may hereafter be passed by the city council relating to the occupation or employment of scavengers. Sec. 4. Cleanliness. The cleaning, emptying and re¬ moving of the contents of privy vaults shall be done in an in¬ offensive manner, and any scavenger having begun any such scavenger work shall, without any interruption or delay, finish the same, and shall in every instance leave the privy vault in as good condition as when the work was undertaken. Sec. 5. Disposition. The contents of privy vault, so re¬ moved by any scavenger, shall be conveyed beyond the city limits in air tight tanks or vessels, and shall be disposed of in such a manner as to cause no offense. Said tanks or vessels shall be kept clean and inoffensive when not in actual use. Sec. 6. When vaults shall be cleaned. No privy vault shall be opened nor the contents thereof disturbed or removed between the hours of 6 o’clock A. M. and io o’clock P. M. of any day, nor shall such contents be deposited or buried within the city except upon the special permission of the health officer of said city, and in such manner and places as shall be by him directed. If any scavenger shall not bury said contents as above provided, and cover the same so as to prevent any smell arising therefrom, his license shall immediately be forfeited and annulled. Any person violating any provision of this section shall be subject to a penalty of not less than twenty- five dollars nor more than one hundred dollars for each offense. Sec. 7. Health officer to notify. Whenever, in the opinion of the health officer, any privy vaults shall be offensive and need cleaning, it shall be his duty to notify the owner, agent or occupant to clean the same within a period named in said notice, and unless the person so notified shall comply with¬ in a period named, it shall be the duty of said officer to cause the said privy vault to be cleaned by one or more of the city scavengers, and such person so failing to comply with said notice shall, on conviction, be fined in a sum not less than 186 Scavenger. twenty-five dollars nor more than one hundred dollars; Pro¬ vided, that nothing in this section contained shall discharge the owner, agent or occupant of the premises from any liability otherwise provided, to pay all the expenses of such cleaning. Sec. 8. Scavenger to comply with ordinance—penalty for violation. Any person, without license aforesaid, who shall engage in business as scavenger, or who shall undertake to re¬ move any contents of any privy vault within the city without license or permit, as aforesaid shall, on conviction thereof, pay a fine of not less than twenty dollars nor more than one hun¬ dred dollars for each offense; and any scavenger licensed as aforesaid, or owner, agent or occupant as aforesaid, acting under permit as aforesaid, who shall violate any provisions or section of this chapter, where no other penalty is imposed, shall, on conviction thereof, pay a fine of not less than ten dol¬ lars nor more than one hundred dollars for each offense. Sec. 9. Feos to be charged. Scavengers shall be allowed to charge and receive for each load by them taken and removed, of not less than twenty-seven cubic feet a sum not exceeding five dollars for each and every load so removed. Railroads. 187 CHAPTER XXXV. RAILROADS. Section 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . Not to block crossings. Headlight. Shall open way for fire engines. Not to unnecessarily sound whistle or let off steam. Shall construct crossings and approaches. Neglect to make and maintain crossings. City council may construct or repair. City council to order flagmen and gate tender, etc. Gates to be established, flagman to be stationed, and crossing bell to be installed at certain crossings. Duties of gate tender. Lights at stations. Penalty. Duties when trains are backing. Section 1. Not to blockade crossings. Whoever shall cause, suffer or permit any locomotive engine, railroad car or train of cars to stop in or remain upon any street or railroad crossing within the city of Marseilles so as to obstruct such crossing for a longer period than five minutes at any one time, shall be fined not less than five dollars nor more than fifty dol¬ lars for each offense. Sec. 2. Headlight. Every locomotive engine, railroad car or train of cars running in the night time on any railroa track within this city, shall have and keep while so running, a brilliant and conspicious light on the advance end of such loco¬ motive engine, car or train. Whoever violates the provisions of this section shall be fined not less than ten dollars nor more than one hundred dollars for each offense. Sec. 3. Shall open way for fire engines. In case any fire engine or any vehicle carrying firemen or fire apparatus, in responding to an alarm of fire, shall find it necessary to cross any railroad track at any street crossing within this city, any 188 Railroads. engine or train of cars standing on such crossing shall immedi¬ ately vacate such crossing and allow a passage way for such fire engine or vehicle. Whoever violates any of the provisions of this section shall be fined not less than twenty-five dollars nor more than two hundred dollars for each offense. Sec. 4. Not to unnecessarily sound whistle or let off Steam. Whoever shall cause or permit the whistle of any loco¬ motive engine to be sounded within this city, except to give necessary signals and such signals as may be necessary to pre¬ vent injury to person or property, or whoever shall make loud and unnecessary noise by letting off steam from any locomotive engine shall be fined not less than five dollars nor more than twenty-five dollars for each offense. Sec. 5. Shall construct crossings and approaches. Every railroad corporation operating any railroad within or through the corporate limits of the city of Marseilles shall con¬ struct and maintain proper crossings and approaches thereto where its line of railroad intersects and crosses any public street or highway legally open and used as such public street or high¬ way, within this city. Sec. 6. Neglect to make and maintain crossings. When¬ ever any railroad corporation shall neglect to construct and maintain any of its crossings and approaches as provided in the preceding section, it shall be the duty of the Mayor to notify in writing, the nearest agent of said corporation of the condition of said crossing or approaches, and direct the same to be con¬ structed, altered or repaired in such manner as the city council shall deem necessary for the safety of persons and property and in conformity with the width and condition of the street on which said crossing is situated. Sec. 7. City council may construct or repair. If any such railroad corporation shall, after having been notified as provided for in the preceding section, neglect or refuse to con¬ struct, alter or repair such crossing or approaches within thirty days after such notice, then the city council shall forthwith cause such construction, alterations or repairs to be made and such railroad corporation shall be held for all necessary ex¬ penses incurred in making such construction, alteration or re- Railroads. 189 pairs, and in addition thereto shall be liable to a fine of one hundred dollars for such neglect, which fine shall be enforced by the city council, in the name of the people of the state of Illinois, before any court of competent jurisdiction in the county of La Salle. Such fine when collected shall be paid into the city treasury. Sec. 8. City council to order flagmen and gate tender, etc. Whenever, in the opinion of the city council it shall be deemed necessary to require any railroad corporation operating any railroad within or through the corporate limits of the city of Marseilles to station a flagman or to erect and maintain gates at the points where the tracks of any such company, cor¬ poration or other person, cross any street within said city, or if said city council shall require the erection and maintenance of any fence along the tracks of any such corporation or other per¬ son, or the planking or repair of any crossing, or shall require the construction and maintenance of any ditch, drain, culvert, cattle guard, sewer or other conduct for drainage or other pur¬ poses, across, along or through the lands or right of way of any such railroad corporation, or other person; or shall require the removal of any frog, switch, signal or stand from any street, the city council shall, by ordinance or otherwise, direct that any such railroad corporation or other person, shall within a time specified in such ordinance, or other order of such city council, perform and do the things so required; and the failure to do such things so required within the time specified shall be deemed a violation of this ordinance, punishable by a fine of not less than twenty dollars and not more than two hundred dollars for each day of such failure or neglect to perform aforesaid. Such fine to be collected as provided in section seven of this ordi¬ nance. Every such flagman, gate tender, guard, or other re¬ quirements that may be ordered as provided in any section of this ordinance, shall be maintained and fulfilled at the sole ex¬ pense of said railroad corporation or other person, under the supervision and direction of the city council or any officer by it duly authorized, and the same shall hereafter, thereafter and forever be kept and maintained by such railroad company or other person in proper care and condition at its own cost and expense and without cost to the city of Marseilles. 190 Railroads. Sec. 9 . Gates to be established, flagman to be stationed and crossing bell to be installed at certain crossings. It shall be the duty of the Chicago. Rock Island & Pacific railway com¬ pany to erect and maintain, at its own expense, gates at the crossings of said railway company on Main street in said city, to station a flagman at the crossing of said railway on Chicago street in said city and to install and maintain an electric bell at the crossing of said railway on Aurora street in said city of Marseilles. Sec. 10. Duties of flagman and gate tender. It shall be the duty of the gate tender at the crossing on Main street, in said city, to notify and inform all teams, vehicles and all and every person or persons, by closing the gates of the approach of any locomotive engine car or train of cars. Said gate tender shall be on duty during the day. Sec. 11. Lights at stations and grounds. That all per¬ sons, companies and corporations owning, leasing or operating any railway or railroad in the city of Marseilles, and engaged in the transportation of passengers for hire, shall keep their res¬ pective passenger depot and platform well lighted at night with electric lights or any other light of equal illuminating power; Provided that the term “night,” hereinbefore used, shall be held and taken to mean from and after dusk in the evening to and until daylight in the morning. Sec. 12. Penalty. Any person or persons, company or corporation violating any of the provisions of sections ten or eleven of this ordinance shall be fined not less than five dollars nor more than one hundred dollars, and each and every day or night that such person or persons, company or companies, or corporations shall neglect or refuse to comply with the provisions of said sections shall be taken as a new, separate and distinct offense. Sec. 13. Duties when trains are backing. Whenever any railroad company or other person operating any railroad within this city shall move any car or train of cars by pushing the same, it shall be the duty of any such railroad company or other person to maintain on the end of said car or train of cars Railroads. 191 toward the direction in which said car or train of cars is being moved, a competent railroad man, whose duty it shall be to warn all persons endangered by the approach of such car or train of cars, and it shall be unlawful to cause any car or cars to be moved in what is known as a “flying switch” or kicking any car or cars back detached from the locomotive engine over any crossing within the city of Marseilles. Any violation of this section shall subject the offender to a fine of not less than five dollars nor more than fifty dollars for each offense. 192 Slot Machines. CHAPTER XXXVI. SLOT MACHINES. Section 1. Prohibits use of—penalty. 2. Declared a gambling device—confiscation. 3. Penalty for having in possession. Section 1. Prohibits use of—penalty. That whoever within the corporate limits of the city of Marseilles, in, upon, about or in any part of any room, saloon, tavern, shed, booth, building, }rard, garden, lawn, park, street, sidewalk, common, boat, launch, water-craft or inclosure, keeps, owns, operates, rents or uses any clock, joker, tape, slot machine or any other device or appliance upon which money is staked or hazarded or into which or upon which money is placed or bet upon chance, or upon the result of the action of such machine or device, money or other valuable thing is staked, bet, hazarded, won or lost, whether such machine or device be operated by the use of coin, pieces of metal or other substance, shall be fined, upon conviction or plea of guilty, for the first offense not less than fifty (50) dollars nor more than one hundred (100) dollars; and for the second offense, upon conviction or plea of guilty, shall be fined not less than one hundred (100) dollars nor more than two hundred (200) dollars, and shall be confined in the city prison not less than ten (10) days nor more than thirty (30) days; and for the third and any subsequent offense, upon con¬ viction or plea of guilty, shall be fined not less than one hun dred-fifty (150) dollars nor more than two hundred (200) dol¬ lars and shall be imprisoned in the county jail not less than Iwo (2) months nor more than six (6) months. Sec. 2. Declared a gambling device—confiscation. Every clock, tape machine or other device or appliance for the reception of money on chance or upon the action of which money is staked, hazarded, bet, won or lost, is hereby declared a « Slot Machines. 193 gambling device and shall be subject to seizure, confiscation and destruction by the mayor, chief of police, assistant chief of po¬ lice or any police officer or other person acting as such. Sec. 3. Penalty for having in possession. Every owner, occupant, lessee, mortgagee or other person in possession of any premises upon which any gambling device is located, and every person in the use, operation, lessee, or other possession of such gambling device shall be fined, upon conviction or plea of guilty for the first offense not less than fifty (50) dollars nor more than one hundred (100) dollars; and for the second offense, upon con viction or plea of guilty, shall be fined not less than one hun¬ dred (100) dollars nor more than two hundred (200) dollars and shall be confined in the city prison not less than ten (10) days nor more than thirty (30) days; and for the third and any sub¬ sequent offenses, upon conviction or plea of guilty, shall be fined not less than one hundred-fifty (150) dollars nor more than two hundred (200) dollars and shall be imprisoned in the county jail not less than two (2) months nor more than six (6) months. 194 Miscellaneous Ordinances. > CHAPTER XXXVIE MISCELLANEOUS ORDINANCES. RELATING TO DUST. Section 1 . It shall be unlawful for any person or persons, either themselves, their agents or employes, to operate any ma¬ chinery the use of which causes dust, dirt or offal to escape into the air upon the public streets of the city except upon the con¬ ditions hereinafter staled. Sec. 2. Any person or persons engaging in, or are now en¬ gaged in the operation of any business, the running of which produces the escape of dust, dirt or offal into the air of the pub¬ lic streets as mentioned in section one of this ordinance, shall before commencing or continuing the operation of any ma¬ chinery as aforesaid, provide him or themselves with the neces¬ sary appliances to prevent the escape into the air of the city streets of all dust, dirt or offal produced by the use of said ma¬ chinery. Sec. 3. Any person or persons not complying with the provisions of section two of this ordinance shall be fined in a sum not to exceed one hundred dollars, and, upon conviction, shall pay into the city treasury the sum of twenty-five dollars per day for each day the said machinery is operated thereafter, the same to be taxed as costs upon a second conviction. TRACTION ENGINES. Section 1 . That it shall be unlawful for any person or per¬ sons owning or operating any traction or road engine which is pro- Miscellaneous Ordinances 195 pelled either in whole or in part by steam, to be moved upon the city streets by the owner or owners thereof or their agents or em¬ ployes, except upon the conditions and regulations hereinafter set forth. Sec. 2. The owner or owners of any traction or road engine mentioned in section one of this ordinance, shall before entering upon the streets of the city, harness or cause to be harnessed in front of said engine a team of horses, and shall keep at least one hundred feet in advance of said engine a man whose duty it shall be to see to the safety of all horses and con¬ veyances which said engine may pass during its progress through the said streets. Sec. 3 . The owner or owners of any engine aforesaid shall, before entering upon Main street, inform the police (if they be on duty) of the intention of said owner or owners or their agents to move said engine through said Main street and obtain the assistance of the police of the city in caring for any teams which may be hitched upon said street. Sec. 4. It shall be unlawful for person or persons in charge of any traction or road engine mentioned in section one of this ordinance, to blow the whistle of any engine or to keep up such a head of steam as to cause the escape of steam from the safety valve of any engine during the passage of said engine through the streets of the city. Sec. 5. Any owner or owners who either themselves, their agents or employes move any traction or road engine upon the streets of said city without complying with all the provisions of this ordinance shall be fined in a sum of not less than ten dol¬ lars nor more than fifty dollars for each offense. COASTING. Section 1 . That the coasting on Williams street, Pomeroy street, Glen avenue, Armstrong avenue, Chicago street, Corn street, Orange street, Aberdeen street, or upon any other street or avenue within said city where it will interfere with public travel, be, and the same is hereby declared a public nuisance, and every person so offending, shall, upon conviction thereof, 196 Miscellaneous Ordinances. be fined in a sum not less than one dollar nor more than ten dollars for each offense. BATHING. Section 1 . No person or persons shall be allowed to bathe in the river, canal, mill races or ponds within the limits of the city between the hours of five o’clock in the morning and eight o’clock in the evening of any day, under a penalty of not less than one dollar nor more than ten dollars for each offense. Certificate of Passage of Ordinance. 197 AN ORDINANCE Providing for the Publication of the Ordinances of the City of Marseilles. Be it Ordained by the City Council of the City of Marseilles, Illinois: Section 1 . That the foregoing chapters prepared and sub¬ mitted by Peter M. Mac Arthur, numbered from I to XXXVII inclusive and more particularly described by their respective titles as follows, to-wit: Chapter I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. XXII. XXIII. XXIV. XXV. XXVI. XXVII. XXVIII. XXIX. XXX. XXXI. XXXII. XXXIII. XXXIV. XXXV. XXXVI. XXXVII. The Mayor and his Duties City Clerk. City Treasurer. City Attorney. City Engineer. Superintendent of Streets. Police Magistrate. Pound Master. Bridge Tender. City Teamster. Police Department. Health Officer. Fire Department. Corporation Counsel. The City Council. Streets, Alleys and Public Grounds. Boundaries of City and Wards. Grades and Sidewalks. Contracts for Public Works. Fire Limits. Health Regulations. Official Printing The Public Lihrarv. m/ Corporate Seal. Plats. Dram Shops. Insurance Companies. Licenses. Plumbing. Animals. Nuisances. Offenses. Fines and Penalties. Scavengers. Railroads. Slot Machines. Miscellaneous Ordinances. 198 Certificate of Passage of Ordinance. Are hereby adopted and declared to be the ordinances of the city of Marseilles, Illinois, and it is hereby further ordered that the said chapters and ordinances above mentioned be published forthwith in book form by authority of the city council of said city. Sec. 2. That all public or general ordinances or parts thereof in conflict herewith are hereby repealed: Provided, how¬ ever, that no fine, forfeiture, penalty, right, action, suit, bebt or liability whatsoever created, instituted, incurred, or accrued by or under the same shall be released, discharged, annulled or in any wise affected, but may be prosecuted, recovered or enjoined as fully and in the same manner in all respects as if such ordi¬ nances or part thereof had remained in full force. Sec. 3. This ordinance and each of said chapters thereof shall be in force ten days from and after its passage, approval and due publication. Passed by the City Council this second day of October, A. D., 1905, by the following vote: Ayes: Aid. Dean, Grant, Iver¬ son, White. I hereby approve this ordinance this second day of October A. D., 1905. HERBERT B. McKAHIN, Mayor. Attest: O. F. HOWLAND, City Clerk. By WALTER CLOUSER, Deputy. STATE OF ILLINOIS, ! La Salle County. f ss ' I, M. F. Bovard, do hereby certify that the above and fore¬ going ordinance entitled “An Ordinance Providing for the Publication of the Ordinances of the City of Marseilles,” was duly published in the Marseilles Daily Register-Chronicle, a news¬ paper of general circulation within the city of Marseilles, in said county and state upon the third day of October, 1905. M. F. BOVARD, Puolisher. Certificate of Authentication. 199 CERTIFICATE OF AUTHENTICATION. STATE OF ILLINOIS, La Salle County, } ss. City of Marseilles. I, 0 . F. Howland, city clerk in and for the said city of Mar¬ seilles, in the county of La Salle and state of Illinois, and keeper of the records and seal thereof, do hereby certify that the fore¬ going is a true, perfect and authentic copy of the Revised Ordi¬ nances of the city of Marseilles, including a certain ordinance entitled “An Ordinance Revising and Consolidating the General Ordinances of the City of Marseilles,” consisting of thirty-seven chapters, numbered from I to XXXVII, both inclusive, duly passed by the city council of said city, together with a certain ordinance entitled “An Ordinance Providing for the Publication of the Ordinances of the City of Marseilles”, passed October 2d, A. D. 1905, as the same were prepared, revised and arranged by Peter M. MacArthur, and ordered printed and published in book form by the city council of said city, the same being printed and published by authority of the city council and according to law. In witness whereof I have hereunto set my hand and affixed the corporate seal of the city of Marseilles this 14th day of Oc¬ tober, A. D. 1905. O. F. HOWLAND, City Clerk. SEAL. Contents. 201 » CONTENTS. Page Incorporation of City . 3 History of Marseilles . 5 List of City Officers . 11 Ttules and order of business of Council . 15 The Mayor and bis Duties . 21 City Clerk . 25 City Treasurer . 31 City Attorney . 35 City Engineer . 38 Superintendent of Streets . 39 Police Magistrate . 46 Pound Master . 51 Bridge Tender . 52 City Teamster . 54 Police Department . 5b Chief of Police . 56 Assistant Chief of Police . 58 Police . 59 Health Officer . 65 Fire Department . 70 Fire Marshal . 71 Assistant Fire Marshal . 73 Fire Department Regulations . 74 Corporation Counsel . 81 City Council . 85 Streets, Alleys and Public Grounds . 93 Boundaries of City and Wards . 100 Grades and Sidewalks . 103 Contracts for Public Works . 107 Fire Limits . 110 Health Regulations . 113 Official Printing .*. 115 Free Public Library . 117 Corporation Seal . 119 Plats . 120 Dram Shop . 121 Insurance Companies . 128 202 Contents. Page Licenses . 130 Plumbing . 139 Animals . 147 Nuisances . 156 Offenses . 164 Fines and Penalties . 180 Scavenger . 184 Railroads . 187 Slot Machines . 192 Miscellaneous Ordinances . 194 Certificate of Passage of Ordinance . 197 Certificate of Authentication . 199 204 Index. INDEX. Sec Page ANIMALS Breaking open pound . 17 152 Care of impounded animals . 4 148 Cruelty . 6 170 Dangerous places guarded . 15 175 Disposition of surplus . 16 152 Docketing case—trial . 10 150 Frightening teams or horses . 14 175 Hitching horses to trees . 9 178 Horses not to be left standing . 11 178 Leaving unattended . 3 173 Not to run at large . 1 148 Notice of sale . 13 1*51 Officer impounding to attend trial . 11 150 Order of sale -return . 12 151 Paying money to magistrate . 15 152 Private citizen may impound . 3 148 Posting notices . 9 150 Pound master to file complaint . 6 149 Process where owner is known . 7 149 Process where owner is unkown. 8 149 Redemption before complaint . 5 148 Redemption—sale—postponement . .. 14 152 Standing horses on streets . 10 178 Teams obstructing walk . 7 106 Teams obstructing street crossings . 13 174 Teams not to be left standing . 11 178 To be impounded . 2 148 ASSISTANT CHIEF OF POLICE. Duties . 3 59 Office created—term . 1 58 Oath—bond . 2 59 Report to chief. 4 59 Salary . 5 59 Index. 205 Sec Page ASSISTANT FIRE MARSHAL Compensation . 4 74 Duties . 3 74 Oath—bond . 2 73 Office created . 1 73 AUCTIONEERS. Bond . 2 132 Deceiving bidders—penalty . 5 133 License fee . 3 132 No sale without license by auction . 1 132 Penalty for violating ordinance . 4 133 BICYCLES Coasting . 10 174 Lamps . 8 173 Not allowed on sidewalk or berm . 7 173 BATHING Penalty . 1 196 BILLIARD AND POOL TABLES License fee . 1 133 Minors not to be admitted.-. 4 133 Penalty ior keeping table without license . 2 133 To be closed on certain hours and on Sundays . . 3 133 BOND Assistant chief of police . 2 59 Assistant fire marshal . 2 73 Auctioneer . 2 132 Bidders . 5 108 Bridge tender . 4 53 City attorney . 2 35 City Clerk . 2 25 City council authorized to issue . 18 89 City engineer . 2 38 City teamster . 3 54 Chief of police . 2 57 Contractor . 7 108 Corporation counsel . 1 81 Dram shop . 4 122 Druggist . 3 I 35 206 Index. Sec Page BOND For appearance . 4 181 Forfeiture of bond . 5 181 Fire marshal . 2 71 Health officer . 2 65 Junk shop . 2 135 Mayor . 2 22 Plumber . 2 139 Pound master . 2 51 Police . 2 60 Scavenger . 3 184 Superintendent of streets . 2 42 Treasurer . 2 32 Where required . 1 131 BOUNDARIES. Of city . 1 100 Of wards . 102 y BOWLING ALLEYS License fee . 1 134 Minors not to be admitted. 4 134 Penalty for keeping without license . 2 134 To be closed at certain hours and on Sunday .... 3 134 BRIDGE TENDER Appointment . 2 52 Duties . 5 53 Oath—bond . 4 53 Office created . 1 52 Salary . 6 53 Term of office . 3 53 CATTLE—See animals. CHIEF OF POLICE Attend council meetings, etc. 6 57 Care of property . 10 58 Control of police force—absence . 5 57 Devote entire time—offenders . 4 57 Keep police record . 7 57 Oath—bond . 2 57 Office created—term . 1 56 Index 207 Sec Page CHIEF OF POLICE Power of marshal and constable . 3 57 Salary .12 58 Serving papers . 11 58 Superintend working out of fine . 9 182 To abate nuisances . 3 163 Turn over money . 9 58 Yearly reports . 8 58 CITY COUNCIL Annual appropriation ordinance . 19 90 Annual tax levy . 22 91 Appointment of committees . 5 87 Borrow money—limitation . 18 89 Construct or repair rail road crossing. 7 188 Compensation . 26 92 Compelling attendance . 8 87 Duties of standing committees . 6 87 Fiscal year . 17 89 Grant dram shop license . 2 121 How composed—filling vacancies . 1 85 Members required to vote . 9 88 Limitation of expenditures . 20 90 Municipal year . 16 89 No contract without appropriation . 21 91 Order flagmen or gate tender .. 8 189 Passing ordinance over veto . 14 89 Powers of city council . 25 92 Publication of ordinances—when take effect .... 13 89 Qualifications of aldermen . 2 85 Quorum . 7 87 Reconsideration . 10 88 Regular meetings . 3 86 Report of committee—when laid over . 11 88 Revoke druggist permit . 7 137 Special tax levy . 23 91 Special meetings . 4 86 Territorial jurisdiction . 12 88 To approve plats . 1 120 Uniformity of taxation . 24 92 When ayes and nayes required. 15 89 CITY ATTORNEY Appeal . 5 36 208 Index. Sec Page CITY ATTORNEY Employment of deputy . .. 10 37 Qualifications . 1 35 Oath—bond . 2 35 Power to dismiss suits. 4 36 Repeal . 12 37 Salary . 11 37 Shall turn over to successor . 9 36 To collect judgments . 6 36 To prosecute for violations of ordinances . 3 35 To turn over money . 7 36 To try suits . 9 49 CITY CLERK Account of city revenues .. 19 29 Annual report . 20 30 Appoint deputy . 13 28 Corporate seal—certified copies of papers. 8 27 Collector’s annual report . 5 26 Collector not to detain money—penalty . 6 26 Deliver papers to committees and officers . 11 27 Ex-officio city collector—duties . 4 26 General supervision—charge of papers . 15 28 Keeping minutes—serving notices . 7 26 Keep records—turn same over to successor .... 24 30 List of warrants—how signed . 22 30 May require claimant to make oath . 21 30 Notice of election or appointment of officers .... 14 28 Oath-bond . 2 25 Office—office hours . 3 26 Other duties . 25 31 Prepare official papers . 12 27 Publish ordinances . 10 27 Qualifications . 1 25 Record ordinances . 9 27 Report estimates-aggregate income and liabilities 16 28 Record of bonds . 17 29 Record of licenses . 18 29 Record of elections and appointments . 23 30 Salary .. # . 26 31 To advertise for bids . 4 108 To advertise for bids for public printing . 1 115 To approve license where bond is required. 1 131 To attest record of plat. 1 120 Index 209 Sec Page CITY CLERK To issue dram shop license . 5 123 To “keep” corporate “seal” . 2 119 To keep record of druggists permits . 8 138 To open and read bids . 6 108 To provide tags for dogs. 6 154 CITY TREASURER Appointment—confirmation . 2 54 Duties . 4 54 Emergency . 6 55 Oath—bond . 3 54 Office created . 1 54 Salary . 5 55 CITY TEAMSTER Annual statement . 10 33 Duty in regard to issuance license fee. 4 129 Keep special assessment funds separate . 5 32 Methods of keeping books—open to inspection . 8 33 Monthly statements—register of warrants . 9 33 Oath —bond . 2 32 Qualifications . 1 31 Receive money—keep accounts—give receipts 3 32 Report delinquent officers . .. .:. 7 33 Salary . 11 34 Shall not use city funds . 6 32 Warrants . 4 32 CORPORATION COUNSEL Accidents . 12 83 Annual report . 9 83 Appeal from justice . 8 82 Corporation counsel—appointment—oath—bond. 1 81 Employment of deputy . 14 84 Legal advisor . 2 81 Power to dismiss suits .\ . 7 82 Repeal . 16 84 Revise ordinances . 10 83 Salary . 15 84 Shall turn over to successor . 13 84 To draw and examine papers . 3 82 To collect judgments . 5 82 To keep record .. 11 83 210 Index. Sec PcL cr G CORPORATION COUNSEL To turn over money . 6 82 To prosecute and defend suits . 4 32 CITY ENGINEER Annual report . 10 40 Examine bills and if corect certify . 5 39 Give grades upon request . 7 39 Inspect materials . 5 39 Issue permits for sewer connections . 9 40 Keep all plats . 11 40 Keep book of grades, etc. 0 39 Keep survey book of sewers . 8 39 Office created—term . 1 38 Oath—bond . 2 38 Prepare plans . 3 107 Preserve original papers . 8 39 Salary . 12 41 See to execution of contracts. 4 39 Superintend public work . 4 39 Time devoted—submit plans and estimates .... 3 38 To furnish estimates . 2 107 To report on contractor’s work. 12 109 CONTRACTS FOR PUBLIC WORK Acceptance of work—payment. 12 109 Bids opened . 6 10S Clerk to advertise for bids . 4 108 Contract—bond . 7 108 Contracts payable from assessments . 10 109 Contracts—how let. 1 107 Estimates . 2 107 Extra work . 8 109 May suspend work . 11 109 Profile—specifications . 2 107 Proposals and bond . 5 108 Surplus earth . 9 109 CORPORATE SEAL Clerk to keep . 2 119 Form of . 1 119 Index 211 Sec Page COASTING. Bicycle or other vehicle . 10 174 Where a nuisance . 1 195 DOGS City clerk to provide tags. 6 154 Dogs not to go unmuzzled. 12 155 Dogs without collar and tags to he impounded .. 8 154 License fee in lieu of other taxes on dogs . 11 154 Licensed dogs to wear collar with tags attached. 7 154 Mad dogs—mayor’s proclamation . 2 153 Not allowed to run at large . 1 153 Penalty . 10 154 Penalty for interfering with an officer. 4 153 Pound keeper—duties—fees . 9 154 Proceedings to abate nuisance on complaint .... 13 155 To be licensed—fee. 5 153 When deemed a nuisance—how abated. 7 154 When nuisance . 3 153 DRAM SHOP Application for license . 3 122 Bond . 4 122 Concerts—singing . 15 125 Defined . 1 121 Drunkenness—gambling . 10 124 Emergency . 23 127 Employment of minors . 12 124 Evasions . 18 126 Issuance of license—return of fee. 5 123 License—term . 2 121 License to be posted . 6 123 Loud noises—quarreling—fighting . 14 125 May be closed by proclamation. 20 126 Notice to saloon keepers . 13 125 Nuisances . 21 127 Penalty for failing to post license . 7 123 Permitting minors or drunkards in saloon . 12 124 Screens . 19 126 Selling without license—penalty. 8 123 Selling or giving minors or drunkards . 11 124 To be closed Sunday . 9 124 To be closed on election day . 16 125 212 Index- Sec Page DRAM SHOP To be closed during certain hours. 17 12G Revocation of license . 24 127 Women of ill-fame not allowed in saloon. 22 127 DRUGGISTS Application—how obtained . 2 136 Bond . 3 136 City Clerk to keep register. 8 138 Expiration of permit . 4 137 Liquor to be sold for what purposes. 5 137 Penalty . 9 138 Permit . 1 136 Precautions . 6 137 Revocation of permits . 7 137 DUST. Appliance of prevent escape of dust from ma¬ chine . 2 194 Machine causing dust . 1 194 Penalty . 3 194 FINES AND PENALTIES Actions—where brought . 1 180 Actions—how commenced . 2 180 Bond for appearance . .. 4 181 Failure to appear—forfeiture of bond . 5 181 Fare while working out tine. 10 182 Magistrate to keep records—pay over fines .... 11 182 Officers to attend as witnesses . 7 181 Payment of costs by city—parties fined . 12 183 Punishment upon conviction . 8 182 Warrants—by whom served . 3 181 Trial by jury . 6 181 Working out fine . 9 182 FIRE LIMITS Limits prescribed . 1 HO Character of buildings in fire limits.. 2 111 Building in violation of ordinance a nuisance .. 7 112 Manner of ascertaining damages . 5 111 When buildings to be torn down . 4 111 Wooden buildings damaged less than 50 per cent 6 112 Wooden building defined . 8 112 Wooden buildings prohibited. 3 111 Index. 213 Sec Page FIRE DEPARTMENT Combustibles . 15 77 Compensation of firemen . 28 80 Control of . 3 74 Department created . 1 70 Duties of officers to enforce this chapter. 20 78 Expense how defrayed . 4 74 Fire alarm apparatus not to be used except in case of fire. 25 79 Fire alarm boxes and telegraph apparatus not to be interfered with . 24 79 Fire apparatus not to be obstructed . 10 76 Fire hose not to be driven on. 9 76 Fire marshal may examine dwellings and other buildings to prevent accumulation of combustibles 21 78 Fires not to be kindled . 18 78 Fireman empowered to make and cause arrest 27 80 Has control of police at fires. 6 75 Insepction to be made—by whom. 14 77 Lamps in stables, etc. 17 77 Marshal to appoint commander in his absence 11 76 Marshal under control of mayor . 1 74 Members —how appointed . 2 74 Not to go beyond city limits without permission . 5 75 Owner and occupant to prevent accumulation of combustibles . 22 78 Penalty . 26 79 Penalty for neglecting to repair as directed .... 8 75 Penalties . 19 78 Removal of combustibles—penalty . 23 79 Stoves and pipes. 13 76 Stoves pipes—how erected . 12 76 To cause necessary repairs . 7 75 Where prohibited . 16 77 FIRE MARSHAL Command organization—tear down buildings .... 4 71 Enforce ordinances . 5 72 Examine places liable to cause fire . 6 72 Keep a record—annual reports . 9 73 Office created—appointment . 1 71 Oath—bond . 2 < 1 Powers—duties . 3 71 Salary . H 73 Preferring charges—suspension . 8 <2 214 Index. 0 Sec Page FIRE MARSHAL Prescribe rules . 7 72 Successor . 10 73 FREE PUBLIC LIBRARY. Annual tax levy . 6 118 Defacing books—penalty . 7 118 Defacing building etc.—penalty . 8 119 Emergency . 10 119 Failure to return books—penalty . 9 119 Library established . 1 117 Mayor to appoint directors . 2 117 Power of directors . 4 118 Term of office—-removal—vacancies . 3 117 Who may use library . 5 118 GRADES. Bench mark established . 1 103 For side walks . 1 104 For steps—cellar ways, etc . 6 105 Grade for Main street . 2 103 Other grades to conform herewith. 3 104 HEALTH OFFICER Abate nuisances—notices . 6 60 Advise city authorities—investigate diseases ... 4 66 Annual report—estimate of appropriations . 14 69 Enforce laws and ordinances . 5 66 Health inspector—appointment, etc . 12 68 Keep books . 3 65 Monthly report . 13 68 Office created—term . 1 65 Order vaccination—penalty . 9 67 Qualification—appointment—oath—bond . 2 65 Removal and care of persons with contagious disease . 7 67 Remove filth—prevent spread of disease. 10 68 Report of physicians . 11 68 Salary . 15 69 Small-pox and other notices. 8 67 To notify owner of offensive privy vault. 7 185 HEALTH REGULATION. Adulterated milk . 10 115 Bringing infection into city . 6 114 Index 215 Sec Page HEALTH REGULATIONS Changing apparel . 5 114 Diseased animals . 2 113 Diseased food . 9 115 Filthy matter in street. 1 113 Meats not to be sold . 7 114 Spreading small pox . 4 113 Watering troughs . 3 113 What animals condemned . 8 114 Unwholesome food . 10 115 HORSES —See animals INSURANCE COMPANIES. Agents to make report—pay license fee. 2 128 Duty of treasurer in regard to said fund. 4 129 License fee—how computed . 1 128 Penalty . 3 129 LICENSES. Application for license . 1 131 Auctioneers . 1 132 Billiard and pool table . 1 133 Bowling alleys . 1 134 Dogs . 5 153 Dram shops . 1 121 Druggist . 1 136 In lieu of taxes on dogs .. 11 154 Insurance companies . 1 128 Issuance for license . 2 131 Junk shops . 1 135 License for only one year . 3 131 License not transferable . 3 131 Licenses subject to ordinance—revocation . 4 132 Plumbers . 1 139 Scavengers . 1 184 MAYOR. Additional duties . 13 24 Appointment of city officers . 5 22 Endorse record of approval of plat . 1 120 Enforce ordinances . 3 22 May dismiss any suit pending in a justice court in which the city is plantiff. 12 24 216 Index. Sec Page MAYOR. May release prisoners . 11 24 May revoke dram shop license. 24 127 Mayor pro tem. 14 24 Oath—bond . 2 21 Ordinances—approval—veto. 8 23 Power to examine records. 10 24 Qualifications . 1 21 Removal of officers—disapproval . 7 23 Sign commission—contracts, etc. 9 24 Salary . 15 24 Supervise conduct of officers . 6 23 To appoint directors of public library. 2 117 To select appraiser . 5 111 Vacancy . 4 22 NUISANCES Casting filth into well or cistern . 9 159 Cellars, vaults, etc. 8 15S Cleaning' privy vault . 13 159 Cockle burrs, thistles, weeds, etc . 11 159 Buildings and fences in streets . 23 162 Burial of dead animals . 5 158 Dangerous sidewalks . 20 161 Dead animals . 4 157 Depositing offensive matter on adjacent premises 6 158 Excavations in streets, etc. 14 160 Fire-damaged building . 7 112 Height of awning . 16 160 Manure . 2 157 Obstructing streams, sewers, etc. 7 158 Offensive matter . 3 157 Open cellar doors, vaults, etc . 19 161 Piling goods, etc. on sidewalks . 22 162 Privy becoming a nuisance . 12 159 Roofs, gutters, etc . 21 161 Signs obstructing streets and sidewalks . 16 160 Slaughter houses, etc . 10 159 Stables, pens, etc. 1 156 Unsafe buildings, etc . 18 161 Unsafe coal vault . 17 160 Unsafe scaffolding . 15 160 Index. 217 Sec Page NUISANCES * Abate dog nuisance . 13 155 Abatement . 1 1 G 2 Animals running at large . 1 148 Coasting . 1 195 Chief of police to abate. 3 1G3 Dogs . 3 153 Dram shops . 21 127 Licensed dogs . 7 154 Penalty . 2 163 OFFENSES CONCERNING PROPERTY. Advertisements on poles . 4 177 Defacing property . 2 176 Defacing posters, legal notices, etc. 3 176 Destroying property . 1 176 Hitching horses to trees . 9 178 Horses or teams not to be left standing. 11 178 Injuring trees, etc. 5 177 Injuring property in park. 6 177 Removing corner stones . 8 178 Standing horses on streets . 10 178 Throwing stones . 7 178 OFFENSES AGAINST PUBLIC SAFETY AND CONVENIENCE Barbed wire fences . 18 175 Bicycles not allowed on sidewalk or berm . 7 173 Cellarways . 6 105 Coasting . 10 174 Dangerous places guarded . 15 175 Discharging fire arms . 1 172 Electric wires crossing . 20 176 Fast driving . 2 172 Fast riding . 6 173 Frightening teams—obstructing sidewalks . 14 175 Lamps on bicycle . 8 173 Leaving animals unattended . 3 173 Obstructing street crossings . 13 174 Placing glass, tacks, etc on sidewalk . 9 174 Playing ball—flying kites in street. 12 174 Playing about railroad tracks—jumping on trains 16 175 Poisonous vines . 19 176 Riding or driving on sidewalk or berm . 5 173 Signs—coal hole covers—cellar doors . 11 174 Teams passing on street . 4 173 Throwing water . 17 175 218 Index. Sec Pago OFFENSES AGAINST PUBLIC MORALS Cruelty to animals . 6 170 Exhibiting and selling indecent publications .... 5 1C9 Fighting dogs, chickens, etc. 10 171 Frequently gambling houses . 9 170 Gambling devices prohibited . 8 170 Indecent exposure—lewd act—penalty . 1 169 Indecent cartoons, etc . 2 169 Indecent exposure of stallions, etc. 3 169 Indecent play, etc . 4 169 Inmate or frequenter of house of ill-fame. 14 172 Keeping house of ill-fame . 12 171 Keeping gambling house . 7 170 Lottery prohibited . 11 171 Permitting premises to be used for house of ill- fame . 13 171 Procurer for house of ill-fame . 15 172 OFFENSES AGAINST PUBLIC PEACE AND QUIET Assault—challenge—affray—penalty . 1 166 Boys loitering . 9 167 Carrying concealed weapons—penalty . 3 166 Congregating on streets prohibited . 4 166 Disturbing lawful assemblages . 7 167 Disturbing peace—disorderly conduct—profane language—penalty . 2 166 Disturbing places of amusement—election . 8 167 False alarm of fire . 13 168 Furnishing liquor to prisoners . 15 168 Intoxication . 11 168 Intoxication of officers . 14 168 Persons congregated upon streets—refusal to dis¬ perse . 10 167 Resisting officer—assisting escape. 12 168 Unlawful assemblages—penalty . 5 166 Unlawful assemblages on private premises . 6 167 OFFICIAL PRINTING. Bids opened . 3 116 Clerk to advertise for bids. 1 115 Contract . 5 116 Forms . 4 116 Publish ten days—bids . 2 116 Index. 219 Sec Page PLATS. Engineer to keep all plats . 11 40 To be approved by council . 1 120 PLUMBING. Anti-syphon pipes—combined pipes—non-vertical pipes . 25 144 Bends and turns .. 12 142 Cellar drains . 31 145 Certain work to be done in presence of inspector. 13 142 Connections of lead and iron pipes . 22 144 Drip overflow pipes . 26 144 Duties of inspector . 7 141 Pall required . 11 142 Grade of cast iron pipes . 18 143 Grade of lead pipes . 19 143 Grease traps . 24 144 How license procured—bond . 2 140 Inpection—tests . 33 145 Joints in waste pipes . 21 144 License . 1 139 License not to extend beyond fiscal year. 3 140 Main soil pipe . 14 143 Manner of laying outside sewer work . 10 142 Permit required . 8 141 Plumbing and sewer inspector. 6 141 Principal responsible for acts of employes . 4 140 Requisites prior to sewer connections . 5 141 Soil and waste pipe direct as possible . 15 143 Steam or exhaust pipes . 30 145 To conform to regulations . 9 142 Traps on water closets, etc. 23 144 Tanks for water closets . 28 145 XJnirals . 29 145 Ventilation pipes . 16 143 Violations of provisions of chapter—-penalty .... 34 146 Waste pipes from sinks and bath tubs. 20 144 Waste pipe from refrigerator . 27 144 When ventilating pipe used . 17 143 Wooden wash traps and sinks prohibited. 32 145 POLICE DEPARTMENT Department created . 1 56 2 20 Index. Sec Page POLICE Aid fire department . S 61 Assist traction engines on streets . 3 195 Calling on by-standers for assistance . 7 61 Compensation of police . 24 64 Deportment . 13 62 Drunkenness—entering saloons . 12 62 Extra duties . 11 62 Impound animals . 2 148 Looking after sidewalks and property . 15 62 Memorandum book . 14 62 Neglect or violation of duty. 9 61 Oath—bond . 2 60 Oath—bond . 22 64 Performance of duty . 3 60 Person or corporation to make written request . 23 64 Police district created . 20 64 Report to superior officer . 4 60 Resistance of an officer—penalty . 19 63 Serving process within city . 5 60 Serving process without city . 6 61 Special policemen . 18 63 Supplied with badge and billy. 16 62 Temporary policeman. 17 63 Term . 1 59 To serve warrants . 3 181 Uniform . 10 62 Watchman in district to act as policeman . 21 64 POLICE MAGISTRATE Amount of fees allowed magistrate and other officers . 8 49 City attorney to try suits . 9 49 Costs not allowed . 13 50 Defendant must work out fine . 3 48 How officer to execute writs . 6 49 If defendant refuses to work—duty of officer 4 48 If judgment not paid, what proceeding—form of execution—proviso . 2 46 Magistrate to act as police court. 10 50 Magistrates and justices to report quarterly ... 11 50 Pay over fines . 11 182 Penalty for failure to report . 12 50 Police magistrate and justices to tax costs . 7 49 Index. 221 Sec Page POLICE MAGISTRATE Superintendent of streets may restrain defend¬ ants . 5 48 To keep records . 11 182 Where suits to be brought—complaint. 1 46 POUND MASTER. Attend trial . 11 150 Care for impounded animals . 4 148 Duties . 3 51 Fees . 5 52 Fees . 9 154 File complaint . 6 149 Monthly report . 4 51 Notice of sale . 13 151 Oath—bond . 2 51 Office created—term . 1 51 Pay money to magistrate . 15 152 Post notices . 9 150 RAILROADS City council may construct or repair . 7 188 City council to order flagman and gate tender, etc. 8 189 Crossing bell at certain crossings . 9 190 Duties of gate tender . 10 190 Duties when trains are backing . 13 190 Gates to be established—flagman stationed .... 9 190 Headlight . 2 187 Lights at stations . 11 190 Neglect to make and maintain crossings . 6 1S8 Not to block crossings . 1 187 Not to unnecessarily sound whistle or let off steam . 4 188 Penalty . 12 190 Shall construct crossings and approaches . 5 188 Shall open way for fire engines . 3 187 SCAVENGER Bond . 3 184 Cleanliness . 4 185 Comply with ordinance—penalty . 8 186 Disposition . 5 185 Fees to be charged . 9 186 Health officer to notify . 7 185 222 Index. Sec Page SCAVENGER License . 1 184 Penalty . 2 184 When vaults shall be cleaned . 6 185 SIDEWALKS Gates swinging over sidewalk . 8 106' Grades . 1 104 Grades for steps—-cellarways, etc. 6 105 ' Leaving team so as to otstruct walk . 4 106 Manner of constructing sidewalks . 3 105 Materials . 2 104 Officers to report defects . 9 106 Special ordinance . 4 105 When owner furnishes material . 5 105 SLOT MACHINES Declared a gambling device—confiscation . 2 192 Penalty for having in possession . 3 193 Prohibits use of—penalty . 1 192 STREETS, ALLEYS AND PUBLIC GROUNDS Broadway—reservation for park purposes. 17 97 Blockade of streets by teams. 8 95 Casting ashes, etc. on the street . 9 95 Distributing advertisements . 14 97 Driving in park . 16 97 Erecting booths, stands, etc. 15 97 Excavating in the streets, etc. 2 93 Expectorating upon, and littering the sidewalk . 18 98 Fencing street . 5 94 Filling excavation . 3 94 Garbage boxes for the deposit of refuse matter 19 98 Hauling hay, etc . 12 96 Height from ground . 11 96 Removing earth from the streets, etc. 1 93 Leaving excavation unprotected . 4 94 Moving buildings through streets. 7 95 Obstructing the street with building material 6 95 Railroads maintain crossings . 5 188 Taking stallion or Jackass through streets. 29 99 Telegraph poles and wires . 10 96 Throwing paper on streets . 13 97 Index. 223 Sec Page SUPERINTENDENT 07 STREETS. Account of expenditures—examine accounts .... 11 45 Annual report . 13 45 Charge of street improvements. 3 42 Clean streets—examine sewers . 5 43 Employ laborers — their compensation — keep time . 6 43 Ex-officio plumbing and sewer inspector. 6 141 Keep list of property—turn over to successor 9 44 List of sewers—manholes . 10 44 May restrain defendants . 5 48 Monthly report . 12 45 Oath—bond . 2 42 Office created . 1 42 Purchase implements and materials—mark implements . 8 44 Report to mayor—orders . 4 43 Salary . 14 45 Supervise tapping of sewers . 7 43 TRACTION ENGINES On streets . 1 194 Penalty . 5 195 Police to assist . 3 195 Precautions on streets . 2 195 Whistle blowing—steam escaping . 4 195 VAGRANTS Not allowed in city . 1 179