CHARTER AND ORDINANCES OF THE CITY OF ANN ARBOR, 1882. cix un GENERAL LIBRARY ---- OF UNIVERSITY OF MICHIGAN EEEEEEEEEEEEEEEEEEEEEEEE PRESENTED BY from Library of E.Bi Pond . April.1.1899 32 133739999 ********** J.«3 •At A3 CHARTER $2470 AND ORDINANCES OF THE City of Ann Arbor, MICHIGAN. Printed by Authority of the Common Council. ANN ARBOR: COURIER BOOK AND JOB PRINTING HOUSE. 1882. MAYORS OF CITY. GEORGE SEDGWICK, . from April, 1851, to April, 1853. EDWIN R. TREMAIN, . "1853, ii ii 1855. JAMES KINGSLEY, "1855, ii ii 1856. WILLIAM S. MAYNARD, "1856, n ii 1858. PHILIP BACH, "1858, ii it 1859. ROBERT J. BARRY, "1859, ii ii 1861. JOHN F. MILLER, . "1861, ii ii 1862. CHARLES SPOOR, . "1862, ii ii 1863. EBENEZER WELLS, ""1863, ii n 1865. WILLIAM S, MAYNARD, "1865, ii ii 1866. OLIVER M. MARTIN," "1866, ii n 1868. CHRISTIAN EBERBACH, "1868, ii ii 1869. ALFRED H. PARTRIDGE, "1869, ii ii 1870. WILLIAM D. HARRIMAN, "1870, ii n 1871. SILAS H. DOUGLAS, ""1871, ii ii 1873. HIRAM J. BEAKES, "1873, ii ii 1875. EDWARD D. KINNE, . "1875, ii ii 1877. DENSMORE CRAMER, . "1877, ii ii 1878. WILLARD B. SMITH, . "1878, ii ii 1880. JOHN KAPP, "1880, ii ii , CITY OFFICERS. MAYOR. JOHN KAPP. RECORDER. MYRON H. FRENCH. ALDERMEN. First Ward. GOTTLOB LUICK, JOHN S. HENDERSON. Second Ward. ANSON D. BESIMER, JOHN HEINZMANN. Third Ward. JOHN B. DOW, CHARLES E. HISCOCK. Fourth Ward. THOMAS J. KEECH, JOHN M. SWIFT. Fifth Ward. ARCHIBALD WRIGHT, NORMAN D. GATES. Sixth Ward. JAMES E. SUMNER, WILLIAM K. CHILDS. TREASURER. CITY ATTORNEY. JACOB F. SCHUH. JOHN F. LAWRENCE. MARSHAL. JOHN S. NOWLAND. DEPUTY MARSHALS. A. WILLIAM PORTER, CHRISTOPHER G. MILLMAN. SUPERVISORS. First and Second Wards—CONRAD KRAPF. Third and Fourth Wards—PATRICK O'HEAEN. Fifth and Sixth Wards—BENJAMIN BROWN. JUSTICES. EDWARD CLARK, EUGENE K. FREUAUFF, PHILIP WINEGAR, MICHAEL H. BRENNAN. CONSTABLES. JOHN G. JOHNSON, MICHAEL CLARK, GEORGE B. SCHWAB, ELI S. MANLY, JASPER IMUS, EDWIN B. GIDLEY. BOARD OF HEALTH. WILLIAM F. BREAKEY, M. D., CONRAD GEORG, M. D., EDWIN B. GIDLEY. TITLES OF CHARTER. I. Incorporation, City and Ward Boundaries, .... 5 II. Election and Appointment of Officers, .... 7 III. Of the Powers and Duties of Officers, . . . . .11 IV. Of the Powers of the Common Council, . . . 15 V. Finance and Taxation, . • . . . . . .24 VI. Streets, Sidewalks, and Public Improvements, ... 30 VII. Prevention and Extinguishment of fires, .... 38 VIII. Of the Public Health 43 IX. Courts of Justice, Fines, Penalties, and Legal Proceedings, . 47 X. Salaries of Officers, . • . . . , . . . 53 Miscellaneous Provisions, . . . . . . .58 CHAPTERS OF ORDINANCES. I. Of Streets, .......... 61 II. Of Sidewalks, T6 III. Of the Fire Department, ....... 88 IV. Of the Police, Public Peace, and Good Order, ... 95 V. Of Public Health Ill VI. Of Licenses, ......... 121) VII. Of Pounds, Cattle, and Horses, . . . . . .133 VIII Of Cemeteries, 137 IX. Miscellaneous, ......... 14i «* a This volume of the Charter and Ordinances of the City of Ann Arbor is compiled, printed, and published pursuant to the following resolution of the Common Council, adopted May 1, 1882: "Resolved, That the City Attorney is hereby authorized and directed to revise and compile the Ordinances of the City, and have the same published with the Charter, and all amendments thereto, in a bound volume, and two hundred copies published." August, 1882. (1 CHARTER OF THE said township, and declared to be a city, by the name of the city of Ann Arbor; and the freemen of said city, from time to time being inhabitants thereof, shall be and con- tinue to be a body corporate and politic, by the name of the "Mayor, Recorder and Aldermen of the city of Ann Arbor;" and by that name they shall be known in law, and shall be capable of suing and being sued, and of pros- ecuting and defending all suits; they may have a common seal, which they may alter at pleasure, and shall be capa- ble of purchasing, holding, conveying and disposing of real and personal estate for the use of said corporation. Sec. 2. The said city shall be divided into six wards, as follows: The first ward shall embrace all that portion of the city lying south of Huron street, east of Main street, and the Ann Arbor and Lodi plank road, and west of State street and the Pittsfield road,or State street as continued; the second ward shall embrace all that portion of the city lying south of Huron street and west of Main street and the Ann Arbor and Lodi plank road ; the third ward shall em- brace all that portion of the city lying north of Huron street and south of the river Huron, and west of Fourth street extended to the river Huron; the fourth ward shall em- brace all that portion of the city lying north of Huron street, and of the line of Huron street as extended to the city limits, and south of the river Huron, and east of Fourth street; the fifth ward shall embrace all that portion of the city lying northeast of Huron river; the sixth ward shall embrace all that portion of the city lying south of Huron street and the line of Huron street, as extended east of the city limits, and east of State street and the Pittsfield road, or State street as extended: Provided, That the common council may at any time alter the bounds of said wards^ or any of them. The aforesaid division is made by the aetual or supposed continuation of the center line iQif each of said streets, in the present direction there- of, to the limits of said city. CITY OF ANN ARBOR. 7 TITLE II. ELECTION AND APPOINTMENT OF OFFICERS. Section 1. The officers of said city shall be one mayor; one recorder; one marshal; one city attorney; one city treasurer; three supervisors—one for the first and second wards, one for the third and fourth wards, and one for the fifth and sixth wards, who shall be assessors in their re- spective districts; three street commissioners,—one in each supervisor district; and six constables, one in each ward; —all of which officers shall hold their offices for one year, and until their successors are elected or appointed and qualified; also, two aldermen in each ward, who shall re- spectively hold their offices for two years and until their successors are elected and qualified; and four justices of the peace, who shall respectively hold their offices four years, their several terms to commence, except in cases of vacancies, on the fourth day of July next after their elec- tion.* Sec. 2. The inhabitants of said city, having the quali- fications of electors under the constitution and laws of this State shall, on the first Monday of April in each year, at such place in each ward as the common council shall des- ignate, proceed to elect by plurality of votes, by ballot, from among the qualified electors of said city, one mayor, one recorder, and one justice of the peace, for said city; and the qualified electors of the first and second wards shall elect one supervisor; the qualified electors of the third and fourth wards shall elect one supervisor; and the qualified electors of the fifth and sixth wards shall elect one super- visor; the qualified electors of each ward shall, at the same time and place, elect one alderman and one constable: Provided, That in each ward in which there shall, at the time of such election, be no alderman having another year to serve, there shall be two aldermen elected, one for the * As amended by Act No. 217, S. L. 1873, page 121. 8 CHARTER OF THE term of one year and one for the term of two years; and one alderman shall thereafter be elected annually in each ward, to hold his office for the term of two years and until his successor is elected and qualified.! Sec. 3. At all elections the two aldermen in each ward shall be the inspectors of election, in case they shall at- tend, and a clerk shall be appointed by the aldermen or inspectors of election, at all elections in each ward. In case the office of the aldermen shall be vacated in said ward, or in case the aldermen, or either of them, shall fail to attend to act as inspectors, the electors present may, viva voce, choose one or more inspectors of election to fill the vacancy, and such judges and clerks so chosen, before pro- ceeding to the discharge of their duties, shall make an sub- scribe an oath or affirmation, faithfully and impartially to discharge the duties of their respective offices at such elec- tion, which oath or affirmation may be administered by any person authorized to administer oaths. At the close of the polls, the vote shall be canvassed, and a statement thereof proclaimed by one of the inspectors, and a correct statement of the number of votes given for each person shall be made by the clerk, and signed officially by the in- spectors and clerk aforesaid, and filed with the recorder. It shall be the duty of the common council to meet as soon as conveniently may be after such election, to canvass the votes cast in the respective wards, and to declare and cer- tify the result of such canvass. Sec. 4. It shall be the duty of the recorder, or in case of his neglect to do so, then of the mayor, to cause five days' notice of every election to be given, by posting up written or printed notices thereof in three or more public places in each ward of said city: Provided, That if notice of any election shall not be given as herein required, it shall be lawful for the electors to meet at the proper time and place, and hold the election, and in case of the non- t As amended by Act No. 217, S. L. 1873, page 121. CITY OF ANN ARBOR. 9 attendance or neglect of the proper officers to act, the electors present may, viva voce, choose electors to' act in their places: And provided, also, That if any election of • officers under this act shall not be had on the day when it ought to have been held, the said corporation shall not for that cause be dissolved, but it shall be lawful to hold such election at any time thereafter, public notice thereof being given as provided in this act. At all elections the polls shall be open between the hours of nine and eleven o'clock in the forenoon, and be closed at four in the after- noon. Whenever in any ward or wards in said city there shall not be two aldermen to constitute the board of reg- istration of such ward previous to any election, the com-, mon council shall, in time, appoint suitable freeholders, » resident in such wards, and electors, temporary aldermen of such wards, who shall take the oath of office, and have all the powers of aldermen in such wards, arid shall hold their offices until the close of the election and of the can- vass of the votes in such wards, at the next election after such appointment, and shall, during their continuance in office, act as and be members of the board of registration of such wards, and have all the powers and perform all the duties of members of the board of registration in such wards. Sec. 5. The inhabitants of the said city, being elect- ors under the constitution and laws of the State of Michi- gan, and no others, are declared to be electors under this act, and qualified to vote at any such election; and each person offering to vote at any such election, if challenged by an elector of said city, before his vote shall be received shall take one of the oaths or affirmations provided by the laws of this State for electors at general and special elec- tions, for the time being, which oath or affirmation may be administered to him by either of the inspectors of election. Upon taking such oath or affirmation, if duly registered in said ward, he shall forthwith be permitted to vote. In all other respects not herein provided, said election shall be 10 CHARTER OF THE conducted as near as may be in accordance with the gen- eral statute provided for township elections. Sec. 6. It shall be the duty of the recorder, as soon as practicable, and within five days after any election, to notify the officers respectively of their election, who shall, within ten days after receiving such notice, take an oath or affirmation to support the constitution of the State of Michigan, and faithfully and impartially to perform the duties of their respective offices, a certificate of which oath, made by the person administering the same, shall be filed in the office of the recorder. Sec. 7. The officers of said city to be appointed by .the common council, shall be a marshal, treasurer, attor- ney, director of the poor, a chief engineer of the fire de- partment and two assistants, a street commissioner for each supervisor district, and such other officers whose election is not herein specially provided for, as the common coun- cil shall deem necessary to carry into effect the powers grated by this act, and'to remove the same at pleasure: Provided, That no person holding the office of alderman shall be appointed to the office of street commissioner. The common council shall also have power to remove the marshal at pleasure; and in case any office in said corpo- ration shall become vacant from any cause, the common council shall, as soon as may be, appoint an officer to fill such vacancy for the unexpired portion of the year; and all officers so appointed shall be notified and qualified as herein directed.* Sec. 8. Every office shall become vacant on the hap- pening of either of the following events before the expira- tion of the term of such office: The death of the incum- bent; his resignation; his removal from office; his ceasing to be an inhabitant of the district or ward for which he shall have been elected or appointed, or within which the duties of his office are required to be discharged; his con- » As amended by Act No. 307, S. L. 1877, page 285. 12 CHARTER OF THE duty, to preserve order and decorum in the council room during the session of the common council, and for this purpose may order any disorderly person to be arrested for disorderly or contemptuous conduct in his presence, and imprisoned for a period not exceeding twenty-four hours. Sec. 2. The recorder shall be the city clerk, and shall perform all the duties and have all the statutory powers of a township or city clerk, in respect to the filing and cus- tody of all papers required to be filed, and the perform- ance of all other statutory duties. He shall keep a record of the proceedings of the common council, and a record of all claims allowed by them. He shall also draw all orders on the treasurer for claims and accounts allowed by the common council, and, if required, keep an account, as near as may be, to which fund the same belongs. Sec. 3. It shall be the duty of every alderman in said city to attend the regular and special meetings of the com- mon council; to act upon committees when thereto ap- pointed by the mayor or common council; to order the arrest of all persons violating the laws of this State, or the ordinances, by-laws, or police regulations of said city; to report to the mayor all subordinate officers who are guilty of any official misconduct or neglect of duty; to maintain peace and good order, and to perform all other duties re- quired of them by this act. The aldermen of said city, by virtue of their offices, shall be conservators of the public peace, and as such shall have and exercise all the power and authority of justices of the peace, as such conserva- tors, in criminal cases, and enforcing the laws of this State relating to the police thereof, but shall have no jurisdic- tion in civil cases. Sec. 4. The marshal of said city shall be the chief of police, see that all the by-laws and ordinances of the com- mon council are properly and efficiently enforced, and especially those which may be passed to carry into effect those parts of this act relating to police and sanitary regu- I 14 CHARTER OF THE shall deliver all obligations and valuable papers in his pos- session to his successor in office, when required.* Sec . 7. The supervisors in said city shall have the same powers, and exercise the same duties, in relation to the assessment and collection of taxes, in their respective districts, and as members of the board of supervisors of the county of Washtenaw, as are possessed and performed by supervisors of the townships in said county, and shall perform such other duties as are provided by law, not in- consistent with the provisions of this charter. Sec. 8. f Sec. 9. The street commissioners shall, when required, under the direction of the common council, superintend the making, paving, repairing and opening of all streets, lanes, alleys and sidewalks within the limits of their respective districts, and shall possess, in addition to the powers and duties specifically enumerated by this charter, the powers exercised by overseers of highways in townships by stat- ute, so far as consistent with this charter. Sec. 10. Justices of the peace shall have such juris- diction to hear, try and determine civil and criminal cases as is given by statute, and shall also have jurisdiction of all cases arising under the charter or ordinances of said city. Sec. 11. The marshal, recorder, city treasurer, collec- tor, and street commissioners shall respectively give bonds to the city in such sums and with such sufficient sureties, conditioned for the faithful performance of their respective duties, as shall be ordered and approved by the common council: Provided, That any officer performing the duties required by township officers, in regard to the collection of taxes, shall give and file their bonds in such amounts and in such time as is required by the corresponding township officers; and the several officers above named shall per- • As amended by Act No. 217, S. L. 1873, page 122. t Repealed by Act No 217, S. L. 1873. CITY OF ANN ARBOR. 15 form all other duties and exercise such powers as may be defined by this charter, and the ordinances of the common council passed in conformity to it.* Sec. 12. All other officers shall have such powers and perform such duties as may be given and required by this act, and the ordinances and resolutions of the common council. TITLE IV. OF THE POWERS OF THE COMMON COUNCIL. Section 1. The mayor, recorder, and aldermen, when assembled together and organized, shall constitute the common council of the city of Ann Arbor, and a majority of the whole (the mayor or recorder always being one) shall be necessary to constitute a quorum for the transac- tion of business, (but a less number may adjourn from time to time); and the common council may be summoned to hold their meetings at such place as the mayor, or in case of his absence or inability to act, the recorder may ap- point, and at such place as shall have been designated as council room by the common council. The common council shall have power to impose, levy, and collect such fines as they deem proper, not exceeding five dollars, for the non-attendance at any meeting of any officer of the corporation, who has been duly notified to attend the same. In case of the absence of the mayor or recorder from such meeting, the members present may appoint a president or recorder pro tempore. Each member of the common coun- cil shall be entitled to one vote. Sec. 2. The common council, in addition to the powers and duties specially conferred upon them in this act, shall have the management and control of the finances, rights, interests, buildings, and all property, real and personal, belonging to the city, and make such orders and by-laws * As amended by Act No. 283, S. L. 1871, page 490. 16 CHARTER OF THE relating to the same as they shall deem proper and neces- sary; and further, they shall have power, within said city, to enact, make, continue, modify, establish, amend, and repeal such ordinances, by-laws, and regulations as they deem desirable, within said city, for the following pur- poses: First. To prevent vice and immorality, to preserve public peace and good order, to organize, maintain, and regulate a police of the city, to prevent and quell riots, disturbances and disorderly assemblages, to prevent the violation of the Sabbath and the disturbance of any relig- ious congregation, or any other public meeting assembled for any lawful purpose. Second. To restrain and prevent disorderly and gam- ing houses and houses of ill-fame, and seize all instruments and devices used for gaming, and to prohibit all mock auc- tions, gaming, and fraudulent practices and devices, and to regulate and restrain billiard tables and bowling alleys. Third. To forbid and prevent the vending or other disposition of liquors and intoxicating drinks in violation of the laws of this State, and to forbid the selling or giv- ing to be drunk, any intoxicating or fermenting liquors to any common drunkards, or to any child or young person, and to prohibit, restrain and regulate the sale of all goods, wares and personal property at auction, except in cases of sales authorized by law, and fix the fees to be paid by and to auctioneers; Fourth. To prohibit, restrain and regulate all sports, exhibitions of natural or artificial curiosities, caravans of animals, theatrical exhibitions, circuses, or other public performances and exhibitions for money, except exhibi- tions of agriculture or educational societies or associations; Fifth. To abate or remove nuisances of every kind, and to compel the owner or occupant of any grocery, tal- low-chandler shop, butcher's stall, slaughter-house, glue, starch or soap factory, establishment for rendering tallow, CITY OF ANN ARBOR. 17 lard or oil, and all establishments where any nauseous, offensive or unwholesome business may be carried on, blacksmiths', coopers', cabinet makers', carpenters' and joiners' shops, and all buildings, business, and establish- ments of any kind usually classed as extra hazardous in re- spect to fire, tannery, stable, privy, hog-pen, sewer, or any other offensive or unwholesome house or place, to cleanse, remove or abate the same from time to time, as often as for the health, comfort and convenience or safety of the inhabitants of said city may require; Sixth. To direct the location of all slaughter-houses, markets, and buildings for storing gunpowder or other com- bustible or explosive substances; Seventh. To regulate the buying, carrying, selling and using of gunpowder, fire-crackers or fire-works, manufac- tured or prepared therefrom, and other combustible mate- rials, and the exhibitions of fire-works and the discharge of fire-arms, and the lights in barns, stables and other buildings, and to restrain the making of bonfires in streets and yards; Eighth. To prevent the incumbering of streets, side- walks, cross-walks, lanes, alleys, bridges or aqueducts, drains or ditches, in any manner whatever; Ninth. To prevent and punish horse-racing and im- moderate driving or riding in any street, or over any bridge, and to authorize the stopping and detaining any person who shall be guilty of immoderate driving or riding in any street or over any bridge in said city; Tenth. To authorize any railroad in said city to de- termine and designate the route and grades of any railroad to be laid in said city, and to restrain and regulate the use of locomotives, engines and cars upon the railroads within the city; Eleventh. To prohibit or regulate bathing in any pub- lic water, or in any open or conspicuous place, or any in- decent exposure of the person in the city, and to provide CITY OF ANN ARBOR. 19 lish the line upon which buildings may be erected upon any street, lane or alley in said city, and to compel such buildings to be erected upon such line, by fine upon the owner or builder thereof, not to exceed five hundred dol- lars; Twentieth. To provide for obtaining, holding, regulat- ing and managing burial grounds, within or without the city, when established for the benefit thereof; to regulate the burial of the dead, and to compel the keeping and re- turn of bills of mortality. Twenty-first. To establish, order, and regulate the markets; to regulate the vending of wood, hay, meat, veg- etables, fruits, fish, and provisions of all kinds, and pre- scribe the time and place of selling the same, and the fees to be paid by butchers for license; to prohibit the sale of unwholesome meat, poultry, fish, vegetables, or other arti- cles of food or provisions; impure, spurious or adulterated wine, spirituous liquors or beer, or knowingly keeping or offering the same for sale; Provided, That nothing herein contained shall authorize the common council to restrict in in any way the sale of fresh and wholesome meats, by the quarter, within the limits of the city; Twenty-second. To establish, regulate and preserve public reservoirs, wells, penstocks and pumps, and to pre- vent the waste of water; to authorize and empower, un- der such regulations and upon such terms and conditions as they may choose, the laying of water pipes in the streets and alleys of the city, for the purpose of supplying the in- habitants of said city with water; to grant such exclusive privileges as they may deem expedient, to any company for that purpose, and to regulate the supply and use of the water; Twenty-third. To regulate sextons and undertakers for burying the dead; cartmen and their carts, hackney carriages and their drivers, omnibuses and their drivers, scavengers, porters, and chimney sweeps, and their fees and 20 CHARTER OF THE compensation; and to make regulations for preventing auctions, peddling, pawn-brokerage, or using for hire carts, drays,cabs,hacks,or any kind of carriage or vehicle, or open- ing or keeping any tavern, hotel, victualing house, saloon, or other house or place for furnishing meals, food or drink, or billiard-tables or ball alleys, without first obtaining from the common council license therefor; for licensing and regulating carts, drays, cabs, hacks, and all carriages or vehicles kept or used for hire; auctioneers, peddlers, pawn- brokers, auctions, peddling, pawn-brokerage, taverns, ho- tels, victualing-houses, saloons, and other houses and places for furnishing meals, food or drink, and keepers of billiard- tables and ball alleys, not used for gaming; Twenty-fourth. To prevent runners, stage-drivers, and others, from soliciting passengers and others to travel or ride in any stage, omnibus, or upon any railroad, or to go to any hotel or otherwhere; Twenty-fifth. To make regulations for the lighting of the streets and alleys, and the protection and safety of public lamps; Twenty-sixth. To provide for and regulate the num- bering of the buildings upon the streets or alleys, and to compel the owners or occupants of buildings to affix num- bers on the same; Twenty-seventh. To prescribe the duties of all officers appointed by the common council, and their compensation, and the penalty or penalties for failing to perform such du- ties; and to prescribe the bonds and sureties to be given by the officers of the city for the discharge of their duties, and the time for executing the same, in cases not otherwise provided for by law; Twenty-eighth. To preserve the salubrity of the waters of the Huron river, or other streams within the limits of the city; to fill up all low grounds or lots covered, or par- tially covered with water, or to drain the same, as they may deem expedient; CITY OP ANN ARBOR. 21 Twenty-ninth. To prescribe and designate the stands for carriages of all kinds, which carry persons for hire, and carts and carters, and to prescribe the rates of fare and charges, and the stand or stands for wood, hay and produce exposed for sale in said city; Thirtieth. To provide for taking a census of the in- habitants of said city, whenever they may see fit, and to direct and regulate the same; Thirty-first. To establish a grade for streets and side- walks, and cause the sidewalks to be constructed in accord- ance with the same; Thirty-second. To prescribe the duties of sealer of weights and measures, and the penalty for using false weights and measures, and all the laws of this State in re- lation to the sealing of weights and measures shall apply to said city, except as herein otherwise provided; Sec. 3. The common council may ascertain, establish and settle the boundaries of all streets and alleys in the said city, and prevent and remove all encroachments there- on, and exercise all other powers conferred on them by this act in relation to highways, the prevention of fires, the preservation of the public health, the levying of taxes, the supplying the city with water, and all other subjects of municipal regulations herein expressly provided for. Sec. 4. Where by the provisions of this act the com- mon council have authority to pass ordinances on any sub- ject, they may prescribe a penalty not exceeding one hun- dred dollars (unless a greater penalty be herein otherwise provided) for a violation thereof, or that the offender be imprisoned in the county jail or house of correction for a term not exceeding ninety days; or the common council may, in such by-law or ordinance, direct that the offender shall be punished by fine or imprisonment (within the lim- its aforesaid) in the discretion of the justice who shall try the offender. Sec . 5. No ordinance of the common council impos- ing a fine or imprisonment shall take effect until the same 3 22 CHARTER OF THE shall have been published for two weeks successively in a newspaper published in said city. Sec. 6. A record or entry made by the recorder of said city, or a copy of such record or entry duly certified by him, shall he prima facie evidence of the time of such first publication; and all laws, regulations and ordinances of the common council may be read in evidence in all courts of justice, and in all proceedings before any officer, body or board, in which it shall be necessary to refer there, to, either First. From a copy certified by the recorder of the city of Ann Arbor; or Second. From the volume of ordinances purporting to be printed by the authority of the common council. Sec. 7. The common council shall have power to pur- chase and to hold suitable lot or lots of land, within or without the corporation limits, for the purpose of a city cemetery or cemeteries, and they shall make such rules and regulations regarding the same as they may deem necessary, and may cause the same to be surveyed into suitable lots, and may dispose of the same to purchasers, and thereupon cause to be executed to such purchaser a good and sufficient deed in the corporate name of said city, which deed shall be signed by the mayor and recorder. The cemeteries now existing within the limits of said city shall be subject to all laws, ordinances and resolutions in force in said city, and the common council of the city of Ann Arbor shall have power and authority to make such by-laws or ordinances, and prescribe such rules and regula- tions, as they may deem necessary and expedient for the protection, management and government of any cemetery or burial ground in said city, and to prescribe in and by any such laws or ordinances, that any person or persons violating any of the by-laws, ordinances, rules or regula- tions so made, shall or may, upon conviction thereof, be punished by a fine not exceeding twenty-five dollars, or be imprisoned in the county jail or house of correction not CITY OF ANN ARBOR. 23 exceeding thirty days, or by both, in the discretion of the court or justice before whom the offender shall be tried. Sec. 8. The common council shall have power, when- ever in their opinion the necessities of the city require, to construct a city almshouse, city hall, city market or mar- kets, and city slaughter-house, and appoint the keepers or clerks and necessary officers thereof, and may locate such city almshouse and city slaughter-house within or without the city limits, and may make such regulations in regard to the same as the common council may think proper. Sec. 9. The common council shall, in the month of March in each year, make out a detailed statement of all the receipts and expenditures of the corporation for the past year, which statement shall state particularly upon what account all moneys were received, and it shall also specify all appropriations made by the common council during the year, and the particular purpose for which each appropriation was made. Such statement shall be signed by the mayor and recorder, and be tiled in the recorder's office, and a copy thereof shall be published in a news- paper printed in said city, for at least two weeks. Sec. 10. The common council shall have authority to make all by-laws and ordinances relative to the powers, duties and compensation of the officers of said corporation, subject to the restriction as to the compensation of officers mentioned in this act, to provide for the collection and disposition of all fines and penalties which may be in- curred under the by-laws and ordinances of said city, and to make all such other by-laws, ordinances and regulations for the purpose of carrying into effect the powers conferred by this act, which they may deem necessary to provide for the safety and good government of the city, and preserve the health and protect the property of the inhabitants thereof; and to this end the common council may impose fines and penalties for any violation of the by-laws and ordinances which may be made by them as aforesaid. 24 CHARTER OP THE TITLE V. FINANCE AND TAXATION. Section 1. The common council shall examine, settle and allow all accounts and demands properly chargeable against the said city, as well of its officers as other persons, and shall have authority to provide means for the payment of the same, and for defraying the contingent expenses of the said city, subject only to the limitation and restrictions in this act contained. Sec . 2. The common council shall have authority to assess, levy, and collect taxes on all the real and personal estate taxable in said city, which tax shall be and remain a lien upon the property so assessed until the same shall be paid: Provided, That they shall not raise by general tax in any one year, exclusive of school taxes, more than six thousand dollars for general purposes, nor more than two thousand dollars for street and highway purposes, except as hereinafter stated, unless authorized thereto by vote of the property taxpayers of said city who are electors, when convened for that purpose pursuant to previous notice: Provided further, That the common council shall have the power, at the request of the alderman of any ward, to cause to be levied and collected by tax, in such ward, as other taxes, a sum not exceeding one thousand dollars for that year for highway purposes, to be expended in said ward under the direction of the aldermen thereof: And provided further, That nothing herein contained shall be so construed as to prohibit the common council of said city from regulating by tax or otherwise the business of dealing in malt, spirituous, or intoxicating liquors.* Sec . 3. Whenever the common council shall deem it necessary to raise a greater sum in any one year than six thousand dollars for general purposes, or two thousand dol- lars for street or highway purposes, they shall give at least * As amended by act No. 234, S. L. 1877, page 24. CITY OF ANN ARBOR. 27 other than such as may be raised as provided in section four, of title five, and for the sale of any real estate for the non- payment of such tax, and for the redemption thereof: Provided, That all the proceedings relative to the notice of sale, the manner of conducting the same, and the time to redeem, shall be in conformity as near as may be to the provisions of law regulating the sale of lands delinquent for State, county, and township taxes. Sec. 7. In making assessments in said city, and in apportioning the taxes for city purposes, the supervisors shall so discriminate as not to impose upon the rural por- tions those expenses which belong exclusively to the built portions of the city, for which purpose they may in their discretion distinguish in their assessments what properties are within the agricultural or rural sections, not having the benefit of lighting, watering, watching, or other expendi- tures for purposes exclusively for the benefit of the built and densely populated parts of the city; and all lands within such agricultural or rural districts exclusively used for woodland, pasture, meadow, or farming purposes, may be assessed to the owner or occupant at their cash value, and by some general description, and not as separate city lots; and for such purpose the common council, in pre- paring the certified statement to the supervisors of the amount of taxes to be raised for general purposes, public buildings, or street or highway purposes, shall distinguish between the expenses which are properly chargeable upon the whole city, and those which are exclusively for the benefit of the more densely populated parts of the city, and shall apportion to each assessment district its equit- able proportion of the taxes for each purpose, and shall in such statement distinguish the amount of each class of such local expenses; and the supervisors, in levying such local taxes, shall charge upon the property within the dis- trict to be benefited by such local expenditures, the amount of taxes therefor.* * As amended by Act No. 217, S. L. 1873, page 124. CITY OF ANN ARBOE. 31 supervision and control of the highways, streets, bridges, lanes, alleys, parks and public grounds therein, and of keeping, preserving, repairing, improving, cleansing and securing of such highways, bridges, lanes, alleys, parks and public grounds. The common council shall have power to regulate the time and manner of working upon the streets; to provide for grading and paving the same; to prevent the obstruction or incumbering of any of the streets, lanes, alleys, sidewalks or public grounds in said city; to provide for the erection, preservation and main- tenance of lamp-posts and lamps in said streets, and to provide for lighting the same; to provide for the planting and protection of shade trees along the sides of the streets and on public grounds in said city, and to keep such public grounds in good condition; to lay out, open and repair streets and alleys, and the same to alter and vacate, and to alter and vacate those already laid out. Whenever the common council shall be applied to in writing by ten or more freeholders of said city, to lay out, establish, open, alter or discontinue any street, common, lane, alley, side- walk, highway, water-course, or bridge, they shall proceed to lay out, establish, open, alter or discontinue the same, as hereinafter directed: Provided, That no second appli- cation shall be made within twelve months for that pur- pose. Whenever the common council shall be applied to as before mentioned, to lay out and establish, open, alter or discontinue such streets, commons, lanes, alleys, side- walks, highways, water-courses and bridges, the common council shall give notice thereof to the owners or occu- pants or persons interested, or his or their agent or repre- sentative, by personal service, or by posting up notices in five or more public places in the city, stating the time and place when and where the common council will meet to consider the same, which notice shall describe the street, lane, common, alley, sidewalk, highway, water-course or bridge proposed to be laid out, altered, opened, established or discontinued, and which notice shall be posted at least .32 CHARTER OF THE ten days before the time of meeting. If after hearing the persons interested, who may appear before them, the com- mon council shall determine to lay out or alter any street, lane or alley, they may proceed to obtain a release of the right of way for the proposed street, by gift or purchase. If the terms of such release shall not be agreed upon, it shall be lawful for the mayor, or in case the mayor shall be absent, for the recorder, to apply to any justice of the peace of said city for the appointment of a jury of twelve freeholders of the county, to appraise the damage thereon to such person as shall not have released all claim for dam- ages, or agreed with the common council on the price to be paid by reason of the establishing, laying out, opening or altering such street, common, lane, alley, sidewalk, high- way, water-course or bridge, which application shall de- scribe the premises through which it is proposed to open, alter, lay out, establish or discontinue such street, common, lane, alley, sidewalk, highway, water-course or bridge. Upon the receipt of such application, said justice shall make a list of twelve disinterested freeholders residing in the county, and shall issue a venire, under his hand, directed to the marshal of said city, or any constable of said county, commanding the officer therein named to summon the per- sons named in said list, to be and appear at his office on some day to be therein named, not less than six days nor more than twelve days from the time of issuing the same, to serve as jurors to appraise the damages occasioned by taking the property described in such application for the purposes of such street, common, lane, alley, sidewalk, highway, water-course or bridge; and if all the jurors shall not appear, the said justice shall cause a sufficient number of talesmen to be summoned to make a full jury. The jurors shall be sworn by such justice to appraise the dam- ages occasioned by taking the property described in such application for the purposes aforesaid. They shall proceed to view the premises described, and shall, within five days thereafter, make returns to the said justice in writing, CITY OF ANN ARBOR. 33 signed by them, of their doings, which shall state the amount of damages awarded, if any, to whom payable, if known, and a statement of the time spent by them for that purpose, which return shall be certified by said justice and filed in the recorder's office. Such jurors shall be entitled to receive one dollar per day, and fifty cents for each half day, and the justice and marshal or constable each one dollar for their fees; and the award of said jury shall be final and conclusive. The damages which shall have been awarded as heretofore provided, or which shall have been contracted to be paid by said common council as in this section provided, and the fees and charges lawfully in- curred, shall be levied and collected in said city, and shall be paid on the order of the common council as other city charges, and such order for damages shall be delivered or tendered to the person or persons in whose favor such award.of damages shall be made, if known, and residents of said city, before such street, lane or alley shall be opened or used: Provided, The parties in whose favor an award of damages shall be made are unknown or be non-resi- dents, it shall be sufficient to make the award of damages to the "unknown owner or owners, or non-resident owner or owners," of the parcel of land taken, describing it as the parcel through which the street, lane, alley, sidewalk, bridge or highway may run; and the unknown parties or non-residents shall be entitled to receive their orders as aforesaid upon proof to the common council.of their own- ership of said property so appropriated to the public use. Sec. 2. The common council shall have all the powers given by statute to highway commissioners, so far as appli- cable, except as herein otherwise provided; and the city recorder shall discharge the like duties as are imposed on the township clerk by the provision of law. Sec. 3. When the damages or compensation afore- said shall have been paid or tendered to the person entitled thereto, or an order on the city treasury for the amount of such damages shall have been executed and delivered or CHARTER OF THE tendered to such persons or persons, if known, and resi- dents of said city, said common council shall then give notice to the owner or occupant of the land through which any such highway, street, lane, alley or common, sidewalk, water-course or bridge shall have been laid out, altered or established; or if such owner or occupant shall not be known, or be non-resident, then by posting such notice in three public places in the ward or wards in which said property shall be situated, and require him within such time as they shall deem reasonable, not less than thirty days after giving such notice, to remove his fence or fences; and in case such owner or occupant shall neglect or refuse to remove his fence or fences within the time specified in such notice, the said common council shall have full power, and it shall be their duty, to enter with such aid and assist- ance as shall be necessary, upon the premises, and remove such fence or fences, and open such highway, street, lane, alley, sidewalk, or water-course, without delay, after the time specified in such notice shall have expired: Provided, That in the rural districts of said city, no person shall be required to remove his fence or fences between the first day of May and the first day of November. Sec. 4. No person shall be deemed to have gained any title as against the city by lapse of time, to any street, lane, alley, common or public square heretofore laid out or platted by the proprietor or proprietors of said city, or any part thereof, by reason of any encroachment or en- closure of the same. Sec. 5. The common council shall have power to as- sess and levy by a tax the expenses of making, grading, paving, opening, widening and repairing streets, lanes and alleys, and of putting curb-stones, gutters and culverts therein; of grading, paving or planking, repairing and re- newing sidewalks, of draining low lands, of making drains and sewers and other local improvements upon the lots, premises and subdivisions thereof, which are in front of or adjoining to such streets, sidewalks, drains, sewers and 30 CHARTER OF THE making their annual assessments, an annual capitation or poll tax, not exceeding one dollar, and they may provide by ordinance for the collection of the same, provided that any person assessed for a poll tax may pay the same by one day's labor upon the streets, under the direction of the street commissioner or any alderman of the ward in which he resides, and the money raised by poll tax or the labor in lieu thereof shall be expended or performed in the re- spective wards where the person so taxed shall reside.* Sec. 7. Whenever the common council shall deem it expedient to construct, repair or renew any sidewalks within the limits of said city, they may by ordinance or otherwise require the owner of any lot or premises adjoin- ing said street to construct such sidewalk or repair or re- new the same in front of his or her lot or premises, in ac- cordance with the provisions of this act. The common council may by ordinance or otherwise, under such pen- alty or penalties as they may prescribe, require the owners or occupants of lots or premises in said city or in any specified part thereof, to grade, construct, repair and renew sidewalks adjoining their respective premises, in such manner as the common council may direct. If the owner or occupant of any lot or premises, after notice so to do shall have been posted on such lot or premises or other- wise given, served, or published, as the common council may direct by ordinance, resolution or otherwise, shall fail or neglect to construct, repair or renew any sidewalk or to clear away any snow, ice or other obstruction from any sidewalk or to widen any street adjoining to such lot or premises within such time as the common council may prescribe or require by ordinance, resolution or otherwise, the common council may cause the same to be done at the expense of the city, and such expense shall be deemed to be a special assessment upon such lot or premises, and the common council may add the same to the amount of the * As amended by Act No. 371, S. L. 1879, pages 174-5. CITY OF ANN ARBOR. 37 general city tax on such lot or premises in the proper dis- trict tax roll made the same year the said expense for such improvement was incurred or next thereafter to be made; and the amount so added shall be a lien on the premises in the same manner as the State, county and other city taxes to which it is added, and may be collected and en- forced and, if not paid, the land sold therefor in the same manner as for other ordinary taxes, and at the time of the sale of any such lot or premises for such delinquent tax or taxes, the city recorder or other officer of the city may cause the same to be bid off to the city in its corporate name, and if not redeemed within the time allowed by law, the city shall be entitled to a deed of such lot or premises from the auditor general, as provided in other cases, which deed shall be prima facie evidence of the regularity of all the proceedings by the common council and other officers of the city relating to such local improvement and assess- ment of the cost upon such lot or premises as well as of all the proceedings by the assessor and other officers from the valuation of such lot or premises to the date of the deed, inclusive, and of title in fee in the purchaser.* Sec. 8. Whenever an action shall have been main- tained and judgment recovered against said city by any person on account of damages sustained by reason of any defective sidewalk or opening in the same, occasioned by the wrong or negligence of the owner or occupant ot the premises in front of which said sidewalk shall be, or on account of any excavation in the street by any gas, hy- draulic or railroad company, and such owner, occupant or company shall have been reasonably notified to appear and defend such action, the judgment, if any, obtained against said city, shall be conclusive as to the amount of the dam- ages, and the validity of the claim of the city against such owner, occupant or company, and the same may be recov- * As amended by Act No. 371, S. L. 1879, page 174. 4 as CHARTER OF THE ered in an action for money paid for the use of said owner, occupant or company, or in any other proper form of ac- tion. TITLE VII. PREVENTION AND EXTINGUISHMENT OF FIRES. Section 1. For the purpose of guarding against the ca- lamities of fire, the common council may from time to time, by ordinance, designate such portions and parts of the said city as they shall think proper, within which no building of wood shall be erected, and may regulate and direct the erection of buildings within sucli portions and parts, and the size and materials thereof, and the size of the chimneys therein; and every person who shall violate any such ordinance or regulation shall forfeit to the city the sum of one hundred dollars, and every building erected contrary to such ordinance is hereby declared to be a com- mon nuisance, and may be abated and removed by such common council. Sec. 2. The common council may by ordinance re- quire the owners or occupants of houses and other build- ings to have scuttles on the roofs of such houses and other buildings, and stairs or ladders leading to the same; and whenever any penalty shall have been recovered against the owner or occupant of any house or other building, for not complying with such ordinance, the common council may at the expiration of twenty days after such recovery, cause such scuttles and stairs or ladders to be constructed, and may recover the expenses thereof, with ten per cent. in addition, of the owner or occupant wliose duty it was to comply with such ordinance. Sec. 3. The common council may by ordinance re- iquire the inhabitants of the city to provide such and so .many fire buckets for each house or tenement therein, and within such time as they shall prescribe, and may require Lsuch buckets to be produced at every fire. 40 CHARTER OF THE any apparatus or device in which fire may be used or to which fire may be applied, and remove and make the same safe, at the expense of the owners or occupants of the build- ings in which the same may be, and to ascertain the num- ber and condition of the fire-buckets, and the situation of any building in respect to its exposure to fire, and whether scuttles and ladders thereto have been provided, and gen- erally with such powers and duties as the common council shall deem necessary to guard the city from the calamities of fire. Sec. 7. The common council may procure, own, build, erect, and keep in repair, such and so many fire engines, with their hose and other apparatus, engine houses, lad- ders, fire hooks, and other implements and conveniences for the extinguishment of fires, and to prevent injuries by fire, and so many public cisterns, wells, and reservoirs of water as they from time to time shall judge necessary. Sec . 8. The common council shall have power to or- ganize said city into so many fire districts as they may deem necessary, and may organize and maintain a fire de- partment for said city, to consist of one chief engineer, two assistant engineers, and twice as many wardens as there are wards in the said city, a proper number of fire- men, not exceeding eighty to each engine, such numbers of hook and ladder men, and such number of tub and hose men, as may be appointed by the said common council, all to have privileges and exemptions of firemen, and to hold their appointment during the pleasure of the common council. Sec . 9. The common council may make rules and regulations for the government of said engineers, wardens, firemen, hook and ladder men, and tub and hosemen ; may prescribe their respective duties in case of fire or alarms of fire; may direct the dresses and badges of authority to be worn by them; may prescribe and regulate the time and manner of their exercise, and may impose reasonable fines for the breach of any such regulations. CITY OF ANN ARBOR. 41 Sec. 10. The engineers and fire wardens, under the direction of the common council, shall have the custody and general superintendence of the fire engines, engine house, hooks, ladders, hose, public cisterns, reservoirs and other conveniences for the extinguishment and prevention of fires, and it shall be their duty to see that the same are kept in order, and to see that the by-laws and ordinances relative to the prevention and extinguishment of fires are duly executed, and to make detailed and particular reports of the state of their department, and of the conduct of the firemen, hook and ladder men, tub and hosemen, to the common council at stated periods, to be prescribed by the common council, and to make such reports to the mayor whenever required by him; the certificate of the recorder that a person is or has been a fireman shall be evidence of the fact in all courts and places, on proof of the genuine- ness of such certificate. Sec. 11. The common council may, by ordinance, di- rect the manner in which the bells of the city shall be tolled or rung in cases of fire or alarms of fire, and may impose penalties for ringing or tolling of such bells in such manner at any other time than during a fire or alarm of fire. Sec. 12. The common council may provide suitable compensation for any injury that any fireman, hook and ladder man, or tub and hose man may receive in his per- son or property, in consequence of his exertions at any fire. Sec. 13. The common council may by ordinance— First. Prescribe the duties and powers of the engi- neers and wardens at fires, and in cases of alarms of fire, and may vest in them such powers as shall be deemed nec- essary to preserve property from being stolen, and to ex- tinguish and prevent fires; Second. To prescribe the powers and duties of the mayor and aldermen at such fires, and in case of alarms; CITY OF ANN ARBOR. 43 building, to be pulled down and destroyed, and no action shall be maintained against any person or against the city therefor; but any person interested in any such building so destroyed or injured, may, within three months thereaf- ter, apply to the common council to assess and pay the damages he has sustained; at the expiration of three months, if any such application shall have been made in writing, the common council shall either pay to the said claimant such sum as shall be agreed upon by them and the said claimant for such damages, or if no such agree- ment shall be effected the common council shall proceed to assess the amount of such damages, and provide for the collection and payment of the same. Sec. 16. The common council, in assessing the dam- ages incurred by any claimant, by pulling down or destruc- tion of such building, by the direction of said officers of the city, as above provided, shall take into account the probability of the same having been destroyed or injured by fire if it had not been so pulled down and destroyed, and may report that no damage should be equitably al- lowed to such claimant; and in case no damages are al- lowed, or in case any damages are allowed, a payment or tender of an order for the same by the common council, shall be deemed a full satisfaction of all said damages of the said claimant. TITLE VIII. OF THE PUBLIC HEALTH. Section 1. It shall be the duty of the common coun- cil of said city to appoint a board of health once in each year for said city, to consist of not less than three, nor more than one person in each ward, one of whom shall be a competent physician, and who shall be the health officer thereof. Sec. 2. The members of said board shall hold their office for one year, and until their successors are appointed 4(3 CHARTER OF THE pest-house, or of any hospital that may hereafter be estab- lished by the city. Sec. 8. The common council shall have power to pass and enact such by-laws and ordinances as they from time to time shall deem necessary and proper for the filling up, draining, cleansing, cleaning and regulating any grounds, yards, basins, or cellars, within the said city, that shall be sunken, damp, foul, incumbered with filth and rubbish or unwholesome, and for filling, or altering and amending all sinks and privies within the said csty, and for directing the mode of constructing them in future, and to cause all such works as may be necessary for the purpose aforesaid and for the preservation of the public health and the cleanli- ness of the city, to be executed and done at the expense of the city corporation, on account of the persons respec- tively, upon whom the same may be assessed, and for that purpose cause the expenses thereof to be estimated, as- sessed and collected, and the lands charged therewith sold in case of non-payment, the same as is provided by law with respect to other public improvements within said city, and in all cases when the said by-laws or ordinances shall require anything to be done in respect to the property of several persons, the expenses thereof may be included in one assessment, and the several houses and lots in respect to which such assessment shall have been incurred, shall be briefly described in the manner required by law in the assessment roll for the general expenses of the city, and the sum of money assessed to each owner or occupant of any such house or lot, shall be the amount of money ex- pended in making such improvement upon such premises, together with a ratable proportion of the expenses of as- sessing and collecting the money expended in making such improvements. Sec. 9. Whenever, in the opinion of the cemmon coun- cil, any building, fence, or other erection of any kind, or any part thereof is liable to fall down, and persons or property may thereby be endangered, they may order any 48 CHARTER OF THE of justices of the peace may be commenced and prose- cuted in said justices' courts, when the plaintiff or defend- ant, or one of the plaintiff's or defendants', resides in a town- ship adjoining the township or city of Ann Arbor, or in the townships of York, Saline, Freedom or Lima. Sec. 2. Any justice of the peace residing in said city ot Ann Arbor, shall have full power and authority, and it is hereby made the duty of such justice upon complaint to him, in writing, to inquire into and hear, try and deter- mine all offenses which shall be committed within said city against any of the by-laws or ordinances which shall be made by the common council in pursuance of the powers granted by this act, and to punish the offenders as by said by-laws or ordinances shall be prescribed or directed; to award all process, and take recognizance for the keeping of the peace, for the appearance of the person charged, and upon appeal, and to commit to prison as occasion may re- quire. Sec . 3. The corporation of the city of Ann Arbor shall be allowed to use the common jail of the county of Washtenaw for the imprisonment of all persons liable to imprisonment under the by-laws and ordinances [of] the common council, and all persons committed to jail by any justice of the peace for a violation of a by-law or ordinance of said common council, shall be in the custody of the sheriff of the county, who shall safely keep the person so commit- ted until lawfully discharged, as in other cases. Whenever, by the terms of any ordinance of said city, it is provided that any person convicted of an offense shall be impris- oned, said person may be confined in the county jail of the county of Washtenaw, or in the house of correction in the city of Detroit, in the discretion of the court. Sec . 4. Whenever any person shall be charged with having violated any ordinance of the common council, by which the offender is liable to imprisonment, any justice of the peace residing in said city, to whom complaint shall be made, in writing, and on oath, shall issue a warrant di- 50 CHARTER OF THE an officer, witness or juror, on account of his interest in the event of such suit or action: Provided, Such interest be such only as he has in common with the inhabitants of said city. Sec. 8. In all trials before any justice of the peace of any person charged with a violation of any by-law or or- dinance of the common council, either party shall be en- titled to a jury of six persons; and all the proceedings for the summoning of such jury and in the trial of the cause, shall be in conformity, as near as may be, with the mode of proceeding in similar cases before justices of the peace; and in all cases, civil and criminal, the right of appeal from the justice's court to the circuit court for the county of Washtenaw, shall be allowed; and the person appealing shall enter into a recognizance conditioned to prosecute the appeal in the circuit court, and abide the order of the court therein, or such other recognizance as is or may be required by law in appeals from justices' courts in similar cases: Provided, If any judgment in any action shall be rendered against the city by any justice of the peace, such judgment may be removed by appeal to the circuit court in the county of Washtenaw, in the same manner and with the same effect as though the city were a natural person, except that no bond or recognizance to the adverse party shall be necessary to be executed by or on behalf of the said city. Sec. 9. All fines imposed by any by-law or ordinance of the common council may be sued for by the attorney of the city, in the name of the corporation, before any justice of the peace of said city; and whenever any fine shall be imposed by any justice of the peace for a violation of any ordinance of the common council, it shall be the duty of the justice forthwith to issue execution to the marshal of the city, commanding him to collect of the goods and chat- tels of the person so offending the amount of such fine, with interest and costs, and for want of goods and chattels wherewith to satisfy the same, that he take the body of the CITY OF ANN ARBOR. 51 defendant and commit him to the common jail of the county, or to the house of correction in the city of Detroit, in the discretion of the court, to be safely kept by the offi- cer in charge until said defendant be discharged by due course of law; and the defendant shall remain imprisoned until the execution, with all costs and charges thereon, shall be paid, or he be discharged by due course of law: Provided, That the common council may remit such fine, in whole or in part, if it shall be made to appear that the person so imprisoned is unable to pay the same. Sec. 10. All fines, penalties or forfeitures recovered before any of said justices, for a violation of the by-laws or ordinances of said city, shall, when collected, be paid into the city treasury; and each of said justices shall re- port, on oath, to the common council, on the first Mondays of January, April, July, and September, during the term for which he shall perform the duties of such justice, the number and name of every person against whom judgment shall have been rendered for such fine, penalty, or forfeit- ure, and all moneys so received, or which may be in his hands, collected on such fine, penalty or forfeiture, shall be paid into said city treasury on the first Monday of the months above named, during the time such justice shall exercise the duties of said office, and for any neglect in this particular he may be suspended or removed, as here- inafter provided. Sec. 11. Any justice of the peace of said city may be suspended or removed from his said office, by the circuit court for the county of Washtenaw, for neglect or refusal to pay over, as required by law, moneys by him collected for or on account of any fine, penalty or forfeiture, or the unfaithful or insufficient performance of his duties in rela- tion to the internal police of the State, or for any official misconduct, on charges specifically preferred by said com- mon council of said city, or any member or officer thereof, or by three electors of said city, founded on affidavit filed in said circuit court, specifically stating the charges com- 52 CHARTER OF THE plained of, a copy whereof shall be served upon him at least ten days before presenting such charges to said court, and opportunity shall be given to him to be heard in his de- fense. Sec . 12. All persons being habitual drunkards, desti- tute, and without any visible means of support, and who, being such habitual drunkards, shall abandon, neglect, or refuse to aid in the support of their families, being com- plained of by such families, all able-bodied and sturdy beggars who may apply for alms or solicit charity, all per- sons wandering abroad, lodging in watch-houses, out- houses, market-places, sheds, stables, or uninhabited dwell- ings, or in the open air, and not giving a good account of themselves, all common brawlers and disturbers of the public quiet, all persons wandering abroad and begging, or who go about from door to door, to place themselves in streets, highways, passages, or other public places, or beg or receive alms within the said city, shall be deemed va- grants, and may, upon conviction before any justice of the peace in said city, be sentenced to confinement in the county jail of said county, or in the house of correction in the city of Detroit, for any time not exceeding sixty days. Sec. 13. All persons who shall have actually aban- doned their wives or children in the city of Ann Arbor, or may neglect to provide, according to their means, for their wives or children, are hereby declared to be disorderly persons, within the meaning of chapter thirty-nine, of title nine, of the revised statutes of eighteen hundred and forty- ^ six, and may be proceeded against as such, in the manner directed by said title; and it shall be the duty of the mag- istrate before whom any such person may be brought for examination, to judge and determine from the facts and circumstances of the case whether the conduct of said person amounts to such desertion or neglect to provide for his wife or children. CITY OF ANN ARBOR. 53 TITLE X. SALARIES OF OFFICERS. Skction 1. The officers of said corporation shall be entitled to receive out of the city treasury the following sums in full payment of their services: The mayor shall be paid one dollar per annum; the aldermen shall be en- titled to receive one dollar and fifty cents per day when employed in assisting the supervisor in taking the assess- ment; the recorder shall receive such sum as the common council shall allow, not exceeding three hundred dollars per annum; the city attorney and treasurer shall be en- titled to receive, respectively, such sum as the common council shall allow, not exceeding one hundred dollars per annum: Provided, Tnat the said treasurer shall be entitled to receive, in addition to such salary, the fees hereinbefore provided for collecting the taxes to be levied and collected in said city. The marshal shall be entitled to receive the same fees for serving process in behalf of the corporation as constables' are by law allowed for similar services; and he shall also receive such further compensation, not ex- ceeding one hundred dollars per annum, as the common council shall allow; the justices of the peace and the con- stables shall be allowed the same fees as are by law allowed to corresponding township officers; the street commission- ers and supervisors, and all other officers of said city, shall be entitled to receive such compensation as the common council shall allow, not exceeding two dollars per day for every day actually employed in the performance of the duties of their respective offices.* MISCELLANEOUS PROVISIONS. Section 1. The mayor, or chairman of any committee or special committee of the common council, shall have power to administer any oath, or take any affidavit, in re- * As amended by Act No. 217, S. L. 1873, page 127. S 54 CHARTER OF THE spect to any matter pending before the common council or such committee. Sec. 2. Any person may be required to take any oath or affirmation, under or by virtue of any provision of this act, who shall, under such oath or affirmation, in any state- ment or affidavit, or otherwise, willfully swear falsely as to any material fact or matter, shall be deemed guilty of per- jury. Sec. 3. If any suit shall be commenced against any person elected or appointed under this act, to any office, for any act done or omitted to be done under such election or appointment, or against any person having done any thing or act by the command of any such officer, and if final judgment be rendered in such suit, whereby any such defendant shall be entitled to costs, he shall recover double costs, in the manner defined by law. Sec . 4. The common council of said city is hereby authorized and required to perform the same duties in and for said city as are by law imposed upon the township boards of the several townships of this State, in relation to schools, school taxes, county and State taxes, and State, district and county elections; and the supervisors and as- sessors, justices of the peace and recorder, and all other officers of said city, who are required to perform the duties of township officers of this State, shall take the oath, give the bond, perform like duties, and receive the same pay and in the same manner, and be subject to the same liabil- ities, as provided for the corresponding township officers, excepting as is otherwise provided in this act, or as may be provided by the ordinances of the common council. Sec . 5. The ordinances now in force in the city of Ann Arbor shall remain in force until repealed, altered or amended by the common council^ and all property, rights, credits, and effects of every kind, belonging to either of the corporations known as the village of Ann Arbor or of the city of Ann Arbor, shall be and remain the property of the said city of Ann Arbor. CITY OF ANN ARBOR. 55 Sec. 6. All acts heretofore enacted in regard to the .village of Ann Arbor, or the city of Ann Arbor, coming within the purview of this act, are hereby repealed: Pro- vided, That the repealing of said acts aforesaid shall not affect any act already done, or any right acquired under, or proceeding had or commenced by virtue thereof, but the same shall remain as valid as if said acts remained in full force: And provided further, That all persons now hold- ing office in the city of Ann Arbor, under the acts hereby repealed, shal1 continue to hold and exercise the duties of such offices during the term for which they were respect- ively elected, unless by change of boundaries they shall cease to reside in the ward or district for which they were elected. Sec. 7. This act shall not be construed so as to change, alter or annul any act heretofore passed for the organiza- tion or government of school district number one, of the city and township of Ann Arbor. Sec. 8. This act shall be deemed a public act, and shall be favorably construed in all courts. Sec. 9. This act shall take effect and be in force from and after its passage. TO RAISE MONEY FOR WATER-WORKS. 57 mine: Provided, That said mayor, recorder and aldermen aforesaid shall not be authorized and empowered to issue said coupon bonds, or any part or number thereof, unless a majority of the taxpaying electors of said city of Ann Arbor, present and voting, shall, as provided in section three, title five, of the charter of said city, first determine the sum of money that shall be raised for the purpose aforesaid, and bonds issued therefor. Sec. 3. It shall be the duty of the common council of said city to provide, by tax, for the payment of the in- terest accruing on the bonds issued under the provisions of this act, as the same shall become due, which tax shall be in addition to the taxes which the said common council are now, or may be hereafter, authorized to levy and collect; and it shall be the duty of the said common council to provide for the payment of the principal of said bonds, at the maturity thereof, by tax upon the taxable property in said city of Ann Arbor, to be levied and collected in man- ner provided in the charter of said city. Sec. 4. The common council shall have power to con- struct such water-works, or they may authorize the same to be constructed by a company, and to aid such company by issuing to such company the city bonds aforesaid; but in such case the bonds aforesaid shall not be issued to such company exceeding one-half the cost of such water-works at the time of such issue, the cost of the works to be ascer- tained by three commissioners appointed by the circuit court for Washtenaw county, upon petition presented by authority of said common council. Sec. 5. Fifteen per cent. of the amount of aid granted to any company shall be retained until the works are put in successful operation, and until the common council are satisfied that the company have, in good faith, performed their contract. Approved April 3,1869. RE-REGISTRATION ACT. [No. 263, Session Laws 1875.] AN ACT to provide for a re-registration of electors in the City of Ann Arbor. Section 1. The People of the State of Michigan enact, That the board of registration of the city of Ann Arbor, as constituted by the provisions of "An act to further preserve the purity of elections and guard against the abuse of the elective franchise by a registration of electors," approved February fourteenth, eighteen hundred and fifty-nine, and by the provisions of the charter of said city, shall make a new and complete registration of the electors of said city, at sessions of said board, to be held in the several wards of said city, on the Monday, Tuesday and Wednesday next proceeding the annual charter elec- tion, to be held on the first Monday in April, eighteen hundred and seventy-five, and at such other times, not of- tener than every eighth year, as the common council of said city may direct; for which purpose the several ward boards shall be and remain in session from nine o'clock in the forenoon to one o'clock in the afternoon, and from three o'clock in the afternoon until seven o'clock in the after- noon of each day before named. Notice of such sessions and re-registration shall be given, as provided in section two of the act above cited, and registration books of the form prescribed by statute, and now in use in said city, shall be provided under the direction of the common coun- cil. The rules and regulations prescribed in the act before cited shall be observed and carried out in making the re- registration hereby ordered, and when any registration RE-REGISTRATION ACT. 59 shall have been completed under the provisions of this act, the registry books prior thereto in use in said city shall be deemed invalid, and no person shall vote at any public election in any ward of said city, after such re-registration, whose name shall not be entered in the new register made under the provisions of this act, or be afterwards properly entered in such new register, according to the provisions of the act aforesaid and of this act. Sec. 2. Sessions of the board of registration of said city shall be held in the several wards thereof on the Tues- day preceding each general election of State and county officers, for the purpose of registering • new electors in the said ward registration books, in the manner prescribed in the aforesaid act, like notice to be given as provided by section six of said act, which sessions shall commence at nine o'clock in the forenoon and close at seven o'clock in the afternoon; and on the Wednesday preceding such general election, the said board of registration shall hold a session at the common council room in said city, from nine o'clock in the forenoon until four o'clock in the afternoon, for the purpose of comparing, revising, correcting and completing the several ward registration lists. At such session, the presence of one alderman from each ward shall be necessary to constitute a quorum. Applicants for reg- istration, being duly qualified electors, may register at such session, and the names of electors who have removed or died since the preceding election shall be erased with red ink, with the remark " dead," or " removed," with the date of erasure. If the name of any elector shall be erased by mistake, such elector may be re-registered on the day of election, as provided by section eighteen of the act herein- before cited. Sec. 3. Sessions of the board of registration shall be held in the several wards on the Wednesday preceding each charter or special election, for new registration and correction of the registry books, such sessions to be noticed 60 RE-REGISTRATION ACT. and conducted as provided by the act before cited, except that the erasure of the names of electors who have re- moved or died shall be made as provided in the preceding section. Such sessions shall commence at nine o'clock in the forenoon and close at seven o'clock in the afternoon. Sec. 4. Whenever a new registration shall be ordered by the common council of said city, it shall be made in ac- cordance with the provisions of the first section of this act. Sec. 5. This act shall take immediate effect. Approved March 12, 1875. CITY OF ANN ARBOR. 63 or feet to be paved and the quantity of curbing to be placed upon each of the spaces caused by the intersection of streets, lanes or alleys which may be passed or crossed by such grading or paving, and having made the appor- tionment as hereinafter provided, shall state the sum of money which such person or set of persons shall be assessed for said grading or paving, and also ten cents for each de- scription to defray the expense of making such assessment, which said assessment roll shall be signed by the person making the same, and be presented to said common coun- cil within such time as the common council may direct. Sec. 5. Whenever all the proceedings directed in sec- tions two, three and four of this ordinance to be performed shall have been completed, "except having made the appor- tionment as hereinafter provided," and entering upon the assessment rolls " the sum of money which such person or set of persons shall be assessed for said grading or paving, and also ten cents for each description, to defray the ex- pense of making such assessment," and "before said as- sessment roll shall be signed by the person making the same, and be presented to said common council," as pro- vided in said section four, the common council shall by resolution direct the recorder to give notice by advertising in one or more newspapers published in said city, at least once in each week for two successive weeks, that sealed proposals will be received at his office during the time therein speciiied, for grading or paving such street, lane or alley, and furnishing materials therefor, including curbing, if any shall be required. Such notice shall state the points or te'mini between which such grading or paving is to be done, and that the same will be made according to the specifications in the hands of the recorder: Provided, That such specifications shall be made by some j)erson duly au- thorized by resolution of said common council and be sub- mitted to and be adopted by said common council at or be- fore the meeting at which the recorder shall be directed to advertise as aforesaid. The proposals shall state the price CITY OF ANN ARBOR. 65 or alleys, within said local assessment or taxing district, according to the conditions of said contract, and shall make an apportionment thereof, of the amount which each lot, part of lot, or portion of real estate fronting upon said street, lane or alley ordered to be graded or paved as afore- said, shall be liable to pay for such grading or paving, ra- tably, according to the extent of front of each of such lot, part of lot, or portion of real estate within such assess- ment or taxing district, and shall state the sum apportioned to each, respectively, and in all respects complete said roll as provided in sections two, three and four of this ordi- nance. Sec. 8. The recorder shall then make out a notice di- rected to the persons named in said assessment roll, and proposed to be assessed, notifying them that they are about to be assessed to defray the expense of grading or paving the street, lane or alley in front of and adjacent to certain premises owned by them in said city, and that a report or assessment roll made out in the premises is on file in the office of said recorder for inspection, and further notifying them of the time and place when the common council will meet and review said report or assessment, within thirty days after the date of said notice, and hear any objection which may be made thereto, which notice shall be pub- lished in all the newspapers printed in said city for at least two consecutive weeks. The common council shall at the time and place in said notice specified or at some session thereafter within the time above limited, take said assess- ment into consideration, and if no person appears to ob- ject to said roll and no good cause to the contrary appears, and an affidavit of publication of the requisite notice hav- ing been made by some one acquainted with the facts, said council shall, by a written resolution to be entered upon its journal, declare that it approves said report or assess- ment roll, that it receives as correct the description of the premises and the names of the individuals therein con- tained, and that the sum which said roll states to be the CITY OF ANN ARBOR. .67 sums of money by distress and sale of the goods and chattels which township treasurers have under the laws to collect state, county and township taxes. It shall be the duty of the treasurer upon the receipt of such warrant with the assessment roll attached, to collect the taxes therein mentioned, as herein specified, with all reasonable dili- gence. If any such sums in such assessment rolls shall remain unpaid, and the treasurer shall not be able to col- lect the same within the time limited by such warrant, the same proceedings shall be had in every respect for the sale or leasing of the lands described in said assessment for the non-payment of the tax thereon, as is provided by section two of an ordinance of the city of Ann Arbor, being "an ordinance relative to repairing and renewing sidewalks," made and passed in common council the fourth day of May, A. D. 1868, in relation to the sale or leasing of lands for the non-payment of taxes therein mentioned, and the said lands may be redeemed in the same time, and shall bear the same rate of interest as in said section two provided, and in case of failure to redeem, the same proceedings shall be had for carrying any such sale into effect, as is likewise provided in said section two of said ordinance.* Sec. 10. Whenever, by mistake or otherwise, any person may be improperly designated as the owner or occu- pant of any lot, part of lot, or portion of real estate, in proceeding under this ordinance, or any other ordinance of said city, relative to taxes or assessments, the tax or as- sessment shall not for such cause be vitiated, but the same shall be a lien on such lot or premises, and collected as in ot her cases. Sec. 11. Any person or number of persons shall be allowed to grade and pave the street, lane or alley oppo- site to his, her or their property, where the same shall ex- tend from the intersection of one cross street to the inter- section of another: Provided, That the same shall be done * As amended by Ordinance passed Dee. 6th, 187o. CITY OF ANN ARBOK. 71 pended, upon any lot or from any building owned or occu- pied by such person, without permission for that purpose first obtained from the mayor or one of the aldermen of said city, any sign, show board, show bill, flag, or display of any kind whatsoever, whether of wood, cloth, paper, or other material, which shall extend from the front of said building or lot more than three feet over any public street of said city of Ann Arbor, shall, on conviction thereof be- fore any justice of the peace of said city, forfeit and pay for each offense a fine not exceeding twenty five dollars, besides costs of prosecution, and also a penalty of five dol- lars for each and every hour each board, bill, sign, flag or display shall remain after notice from the marshal of said city to remove the same. Sec. 5. That any person who shall place or post upon any bridge within the corporate limits of the city of Ann Arbor any handbills, advertisements or posters, shall pay a fine not exceeding five dollars for each offense, and costs of prosecution, on conviction before any justice of the peace of said city, and on default of payment shall be committed to the common jail of said county for a period not exceeding ten days.. Sec. 6. An ordinance entitled "An Ordinance for the Protection of Bridges and Streets," made and passed in common council December 14th, 1874, and an ordinance entitled "An Ordinance for the Protection of Bridges," made and passed in common council January 4th, 1875, are hereby repealed. Sec. 7. This ordinance shall take effect from and after legal publication. AN OKDINANCE RELATIVE TO REMOVING ENCROACHMENTS UPON STREETS, ALLEYS, AND SIDEWALKS. [Passed August 2, 1875.] Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. That it shall be unlawful for any person or persons hereafter to erect, build, construct, continue or CITY OP ANN AKBOR. 73 Ann Arbor, so as to obstruct the free passage of said street; nor shall any person run or race any horse, or drive any horse or horses, or any carriage or vehicle, at a faster rate than six miles per hour in any of the streets of said city. Any person offending against any of the provisions of this ordinance shall, upon conviction thereof, be fined not ex- ceeding fifty dollars for each offense, or in default thereof, be imprisoned in the county jail not exceeding thirty days. AN ORDINANCE FOB THE PROTECTION OF FRUIT, SHADE, AND ORNAMENTAL TREES. [Passed January 28, 1876.J Be It Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. Any person, owning or occupying land adjoining any street not less than three rods wide, may plant or set out trees on the side of said street contiguous to his land, which shall be set out in regular rows, at a dis- tance of not less than six feet from each other, and ten feet from the margin of said street. Sec. 2. No person, without the authority of the com- mon council, shall cut down, destroy, deface or injure any, tree that may have been heretofore planted, or shall be planted or set out, or which shall have been leffc'.|t;inding, or may now be standing, in any street, lane, alley or pub- he grounds in said city. Sec . 3. It shall not be lawful for any person to hitch any horse, mare, mule, or other animal, to any fruit, shade or ornamental tree within the city of Ann Arbor. Sec. 4. Any violation of the provisions of section two of this ordinance shall be punished by a fine, to be im- posed by the justice of the peace trying the offender, of not less than twenty-five dollars, nor exceeding one hun- dred dollars, and in default of payment thereof, by impris- onment in the Washtenaw county jail, or in the Detroit house of correction, for any period of time not less than thirty days, nor more than ninety days. 74 ORDINANCES OF THE Sec. 5. Any violation of section three of this ordi- nance shall be punished by a fine, to be imposed by the justice of the peace trying the offender, of not less than ten dollars, nor more than twenty dollars, and in default of payment thereof, by imprisonment in the Washtenaw county jail for a period of time not less than ten days, nor more than thirty days. Sec. 6. An ordinance entitled "An Ordinance Rela- tive to the Protection of Shade and Ornamental Trees," made and passed in common council May 28, A. D. 1855, is hereby repealed. Sec. 7. This ordinance shall take effect from and after legal publication. AN ORDINANCE AUTHORIZING THE REGENTS OF THE UNIVER- SITY OF MICHIGAN TO LAY WATER PIPES OR MAINS IN THE STEETS, LANES, AND ALLEYS. [Passed March 16, 1875.] Whereas, The Regents of the University of Michigan have made application, by resolution, addressed to the common council of the city of Ann Arbor, for the privi- lege of laying down in the streets of said city water pipes, for the purpose of supplying said University with water; and whjlwas, it is by said council, after due consideration of such application, deemed expedient, rightful and proper to grant such privilege, under such reasonable reservations and restrictions as are hereinafter mentioned; therefore, Be It Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor, in Common Council assembled: That the Regents of the University of Michigan be, and they are hereby authorized, to lay down in, along and across the public streets, lanes and alleys of said city, all such water pipes or mains as may be necessary to properly supply the buildings and grounds belonging or appertain- ing to said University with water for protection against fire and for general use, and for that purpose to dig, trench and excavate in, along and across such public streets, lanes and CITY OF ANN ARBOR. 75 alleys: Provided, And this grant of authority is made, and is to be accepted, held and used only upon condition that the said Regents shall not unnecessarily or unreason- ably obstruct or injure any street, sidewalk, crosswalk, lane or alley in trenching, digging or excavating for the purpose of laying water pipes or mains, and shall with reasonable diligence, and at their own charges, restore all such streets, sidewalks, crosswalks, lanes and alleys to as good a state of repair and condition as the same were in before disturbed by them, and shall at all times and in all respects fully indemnify and save harmless the city of Ann Arbor from and against all damages or costs which said city may incur or sustain by reason of any such trenching, digging, or excavating. AN ORMXAXCE TO PROHIBIT THE OBSTRUCTION OF STREETS BY RAILROAD CARS, RAILROAD TRAINS, AND LOCOMO- TIVES. [Passed July 3, 18S2.] Be It Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor:' Section L That it shall be unlawful for any railroad company owning or operating a railroad running into or through the city of Ann Arbor, to leave any locomotive- engine, car or cars, or train of cars, or any portion of any train of cars, standing in, upon, or across any street of the city of Ann Arbor, for the space of more than five minutes at any one time, or to keep any such locomotive-engine, car or cars, or train of cars, running upon or across any street of said city of Ann Arbor, so as to obstruct the same, for a space of more than five minutes at any one time. S'.c . 2. Even' railroad company running cars into or through said city, shall cause the bell of each locomotive- engine to be rung constantly while at or near the crossing of any street. Sec. 3. Any railroad company, engineer, conductor, fireman, or other person, owning or having charge of any locomotive-engine, car or cars, or train of cars, who shall 76 ORDINANCES OF THE violate any of the provisions of this ordinance, shall, on conviction thereof, be punished by a fine not exceeding one hundred dollars, to be recovered before any justice of the peace of the city of Ann Arbor; and in the imposition of any such fine, the justice of the peace may make a fur- ther order, that in default of the payment of said fine within the time to be fixed by the justice in his sentence, the offender shall be committed to the county jail of Washtenaw county for a period of time not exceeding sixty days. CHAPTER II. OF SIDEWALKS. AN ORDINANCE RELATIVE TO SIDEWALKS. [Passed June 17, 1851.] Be It Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. The sidewalks in the several streets in the city of Ann Arbor shall be, and are hereby established of the following width, to wit: On the east and west sides of Main street, between Catherine and Williams streets; on the south side of Huron street, between Second street and Fifth street; and on the north side of Ann street, between Main street and Fourth street, the sidewalks shall be thir- teen feet in width; and in all other streets in said city the sidewalks shall be twelve feet in width: Provided, That the common council may at any time, by resolution, order the sidewalks along any block or street in said city to be wider or narrower than above prescribed.* Sec. 2. A space in front of the established line of all streets, not exceeding one-third the width of the sidewalk in such streets, as established by section one of this ordi- * As amended by Ordinance passed June 5,1882. CITY OF ANN ARBOR. 77 nance, shall be allowed for projections, and it shall not be lawful for any person to place or cause to be placed upon any sidewalk, lying outside the line allowed for projections as aforesaid, any box, barrel, article of merchandise, or other obstruction or incumbrance whatever, or suffer or permit any obstruction to a free passage over such side- walk to exist, by leaving open any passage-way to cellars, or otherwise, excepting so far as the same may be neces- sary and unavoidable in transporting articles across the sidewalk. Sec. 3. No person shall place, put up, erect or sus- pend, or suffer to remain placed, put up, erected or sus- pended, from any building or upon any lot within the lim- its of this city, any sign, show board or show bills which shall extend from the front of such building or lot over the sidewalk more than three feet, nor shall such sign or show board be less than eight feet in height above the side- walk. Sec. 4. All posts or railings put up in any street for the support of awnings, shall be placed on the established line between the sidewalk and street; nor shall any awn- ing, or the rails or boards used for connecting the awning posts with the buildings, be less than eight feet in height above the sidewalk. Sec. 5. And to the end that there shall be and remain a free passage for all persons over and across the sidewalks of the city, for at least two-thirds the established width thereof from the outer line of the street, free from all ob- structions thereon, or passage-ways to cellars, or awnings or rails less than eight feet in height above the sidewalk, it shall be the duty of the marshal, upon knowledge or in- formation that any of the sidewalks lying outside the line allowed for projections as aforesaid are in any manner ob- structed or encumbered, to require the occupant or owner of the premises in front of which such obstruction or in- cumbrance exists, to remove the same; and if such occu- pant or owner shall neglect for the space of twenty-four 7S OllDI NANCES OF THE hours to comply with such requisition, the marshal shall forthwith cause such obstruction or incumbrance to be re- moved: Provided, That the provisions of this ordinance shall not be construed to apply to posts for awnings which are now standing, nor to shade trees or the boxes to pro- tect them, nor to obstructions necessarily occasioned by the erection or repairing of buildings; but in such case no person shall obstruct more than one-half of the street and one half of the sidewalk opposite the premises occupied by such person, without leave first obtained from the com- mon council. Sec. 6. Excepting for the purpose of ingress and egress to and from yards, across sidewalks, no person shall drive, ride, or lead, or suffer to remain, any horse, cart, wagon, carriage, or team of any kind, upon any of the sidewalks within the city of Ann Arbor; nor shall he leave any horse, team or vehicle standing on any of the crosswalks in said city; nor shall he ride or propel any velocipede or bicycle upon any of the sidewalks of said city.* Sec. 7. That whenever the marshal shall, by virtue of any ordinance, have removed any timber, wood, stone, or other incumbrance from any of the streets, lanes, alleys or sidewalks of said city, he shall immediately give notice to the owner thereof, if to be found, that he can have the same by paying the expense of removing, together with the legal charges therefor; and if no owner can be found, he shall put up a notice as near as may be to the place from whence said obstruction was removed, and if no claimant shall appear and pay said expenses within three days from the date of said notice, the marshal shall pro- ceed to sell the same at public auction to the highest bid- der, first giving four days' notice of said sale by posting up five or more written or printed notices in conspicuous places, and shall immediately make return of the sale, to * As amended by Ordinance passed June 2,1879. CITY OF ANN ARBOR. 81 struct, repair or renew such portions of said sidewalk as have not been graded, constructed, repaired or renewed in accordance with said resolution and notice; and upon the completion of such work he shall make a report, in writ- ing, to the common council of said city, giving the descrip- tion of each lot or premises in front of which such side- walk was laid or repaired, and the name of the owner and occupant thereof, and the cost of grading, constructing, repairing or renewing such sidewalk in front of each one of such lots or premises. Sec. 4. The common council of said city shall direct the cost of grading, constructing, repairing or renewing such sidewalk, to be paid out of the general fund, and shall, by resolution, charge and assess to each of said lots and premises the cost of grading, constructing, repairing or renewing so much of said sidewalk as is adjacent to and in front of said lot and premises. Sec. 5. On or before the second Monday of Novem- ber of each year the city recorder shall make a report and certificate to the supervisor of the district in which the lot or lots and premises adjacent to which said sidewalks shall have been constructed, repaired or renewed, are located, setting forth a description of said lot or lots and premises, together with the name of the owner or owners and occu- pants, if known, and further showing the amount assessed to each of said lots and premises, which certificate shall notify and require said supervisor to levy the several sums so assessed by tax upon the lot or lots and premises to which they are respectively assessed, and add the same to his district tax roll for that year, unless otherwise directed by the common council. Sec. 6. Upon receiving said certificate, the said super- visor shall levy the sums therein mentioned upon the lot or lots and premises to which they are respectively charged and assessed, by adding such sums to the general city tax to be levied on such lot or lots and premises, against the owner or owners thereof, in his district tax roll for the cur- S2 ORDINANCES OF THE rent year; and thereupon the amount so added shall be collected and enforced with and in the same manner as the tax to which it is added, and when collected shall be paid into the city treasury to the credit of the general fund. Sec. 7. In case the tax assessed on any such lot or lots and premises charged with the expense of grading, constructing, repairing or renewing sidewalks as provided by this ordinance, shall not be paid or collected, and any such lot or lots and premises shall be returned for non- payment of such tax by the city treasurer, such lot or lots and premises, unless sooner redeemed, shall be sold there- for by the county treasurer at the annual sale of lands for delinquent taxes, and in the same manner as for other taxes as provided by law. Sec. 8. No new sidewalk shall be constructed unless upon the application in writing of a majority of all the owners or occupants of the real estate which may be sub- ject to assessment for such sidewalk. Sec. 9. Chapter three of the revised ordinances of 1876, of the city of Ann Arbor, entitled "An Ordinance Relative to Improving Sidewalks," and all amendments thereto, and an ordinance entitled "An Ordinance Rela- tive to Repairing and Renewing of Sidewalks," passed September 4th, 1876, and an ordinance entitled "An Or- dinance Relative to Sidewalks," passed July 14th, 1879, are hereby repealed. AN ORDINANCE RELATIVE TO SIDEWALKS AND CROSSWALKS. [Passed January 2, 1872.] Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. No person shall permit any snow or ice to remain on the sidewalk in front of any house, building or lot occupied by him or her, or on the sidewalk in front of any unoccupied house, building or lot owned by him or her, within said city, longer than twenty-four hours after 84 ORDINANCES OF THE by the common council annually in the month of May, or as soon thereafter as may be, and shall hold their offices until the first day of May next ensuing their election, and until their successors are appointed. Sec . 2. The chief engineer shall have full power, con- trol and command over all persons whatever, at any fire, except members of the common council; and in his ab- sence the assistant engineers shall perform his duties. In the absence of the chief and assistant engineers from any fire, the mayor, and in his absence, the recorder shall discharge the duties of chief engineer until the proper offi- cer shall arrive and assume the command. Sec. 3. It shall be the duty of the chief engineer at all fires, to direct such measures as he may deem most proper for the speedy extinguishment of the fire. He shall also have the general supervision of the fire engines and other apparatus and property belonging to the fire depart- ment, and shall from time to time ascertain and report to the common council the repairs necessary to be made to keep the engines, hose, apparatus and property of the fire department in good repair and serviceable order. He shall also, as often as once in six months, report to the common council all accidents by fire that may happen in the city, with the cause thereof as near as can be ascertained, with the number and description of buildings destroyed or in- jured, and the names of the owners or occupants thereof, and the estimated loss of property at each fire. Sec. 4. At every fire each fire warden shall report himself to the chief engineer or other officer in command, and shall be subject to his orders. It shall be the duty of the fire wardens at every fire to protect the hose, buckets and other property of the fire department from injury; to keep all idle and suspected persons from the fire and its vicinity; to form lines for the conveyance of water to the engines, and for that purpose they shall have authority to command all persons present to form lines or otherwise aid in supplying the engine with water; and if any person CITY OF ANN ARBOR. 85 shall refuse to obey such order of the wardens, he may be immediately expelled from the vicinity of the fire. Sec. 5. Any person who shall at any fire wilfully re- sist, hinder or obstruct any officer or other person in the discharge of his duty at such fire, or who shall wilfully in- jure any hose ot apparatus belonging to the fire depart- ment, may be arrested and detained in custody by any fire warden until such fire is extinguished; and such person shall, for every offense, forfeit and pay a fine of ten dol- lars, and be liable to an action for the recovery of dam- ages. Sec. 6. The aldermen of said city shall ex-officio be fire wardens, and any member of the common council may, at all fires exercise the same power and authority as is conferred upon fire wardens by sections four and five of this ordinance. Sec. 7. The officers of any fire or hose company au- thorized by the common council shall consist of a fore- man, first and second assistant foreman four war- dens, a secretary, treasurer, and steward, and not less than fifty nor more than eighty men, and such other officers as the members thereof may see fit to elect. The members of said company shall elect their own officers at such time and in such manner as they shall think proper. They may adopt a constitution and pass by-laws for the government of the company, subject to the approval of the common council, and may impose and collect such fines for the non-attendance or neglect of duty of any mem- ber of the company as they may deem necessary and proper. Sec. 8. It shall be the duty of every member of any fire company which is or may be formed in said city, upon the breaking out of any fire in said city, to repair immedi- ately upon the alarm thereof to their respective fire appa- ratus, and convey the same to the place where such fire shall happen, and under the direction of the chief engi- neer and their several officers to work and manage 7 90 ORDINANCES OF THE who shall aid of assist in the firing or causing to be fired any cannon within said city limits, and ev- ery person accessory before the fact to the firing of any cannon within said limits, shall forfeit and pay a fine of one hundred dollars, or be imprisoned in the common jail for the County of Washtenaw for the term of thirty days, or shall be punished by both fine and im- prisonment; and in case of prosecution under this section, half of the fine collected of any such person shall be paid to the informer, who shall make complaint and institute such prosecution.* Sec. 9. It shall not be lawful for any person hereaf- ter, without permission of the common council, to erect or place any building or part of a building on any part of a block fronting or cornering on the Court House square, nor on any lot fronting on Main street, or Detroit street, be- tween North street and the Michigan Central railroad, in this city, unless such building or part of a building shall be constructed of stone or brick, with party Or fire walls of the same material rising at least ten inches above the roof, if the same be covered with metal or slate, and if covered with wood, then at least two feet: Provided., That nothing contained in this section shall be construed as pro- hibiting the erection within the limits aforesaid, of any building of wood which shall not be more than eight feet square, nor of any woodhouse for keeping and storing Wood, which shall not exceed twenty feet in length, twelve feet in height, and twelve feet in width, nor of any barn which shall not exceed twenty-four feet in length, sixteen feet in width, and twelve feet in height from the common sur- face of the ground to the top of the plates, with roofs not to exceed one-quarter pitch, but such small building, wood- house or barn shall not be made to front on any street nor be less than thirty feet from the line thereof, except with the consent of the council (nor shall more than one such * As amended by Ordinance passed July 2,18fl0. CITY OF ASS ARBOR. 91 woodhouse or barn be allowed without such consent on any one lot or premises occupied as one tenement). No barn, privy, hog-pen, slaughter-house, or any other building which shall be used or occupied for any purpose liable tq prove detrimental to the public health, or a nuisance to the adjoining occupant or to the public shall be built fronts ing on any of the public streets of said city, nor within thirty feet from the line thereof.* Sec. 10. If any person shall erect or put up any build- ing within the limits specified in section nine of this ordi- nance contrary to the provisions thereof, the owner or own- ers, builder or builders thereof, shall severally forfeit and pay a penalty, not exceeding fifty dollars for each offense, and also a penalty of twenty dollars for each and every week such building shall remain after notice from any mem< ber of the common council or fire warden to remove or al- ter the same. Sec. 11. f AN ORDINANCE SUPPLEMENTARY TO AN ORDINANCE RELATIVE TO THE PREVENTION OF FIRES. [Passed November 20, 1865 J Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor: Section 1. That all the provisions of sections nine and ten of an ordinance entitled, " An ordinance relative to the prevention of fires," be, and the same are made to extend and apply to all lots or parts of lots fronting on Detroit street, between North street and the Michigan Cen- tral railroad, in said city of Ann Arbor. Sec. 2. It shall not be lawful for any person hereafter to erect or place any blacksmith shop or other building, which shall be used or intended to be used for any purpose of a character to occasion extraordinary danger or hazard * As amended by Ordinance passed Oct. 10.1871. t Repealed by Ordinanee passed July 11,1870. 92 ORDINANCES OP THE to adjacent owners or occupants by reason of fire, on any lot fronting or cornering on the Court House square, or fronting on either Huron street, Main street or Detroit street, in said city, cornering or fronting on or toward said square, or fronting on or towards either of said streets, or if made to front on any other street, within fifty feet of the corner of such other street and either of the aforesaid streets, or in any manner to construct or place any such shop or building that the direct or main entrance thereun- to shall be made or had from said square or from either of said streets. Sec. 3. If any person shall erect or cause to be erected any building contrary to the provisions of the last preced- ing section, the owner or owners, builder or builders there- of, shall severally forfeit and pay a penalty, not exceeding fifty dollars for each offense, and also a penalty of twenty dollars for each and every week such building shall re- main after notice from any member of the common coun- cil or the fire warden of said city, to remove or change the location of the same. AN ORDINANCE AMENDATORY OF AN ORDINANCE RELATIVE TO THE PREVENTION OF FIRES. [Passed October 24,1870.1 Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. It shall be the duty of the common coun- cil forthwith, and hereafter at the first regular meeting af- ter the annual charter election, in April of each year, to elect, by ballot, two members of the common council who with the chief engineer of the fire department shall consti- tute a board of inspectors of steam engines, whose term of office shall expire on the election of their successors. Sec . 2. It shall be the duty of such board of inspec- tors to superintend the erection and arrangement of all steam engines with the limits of the city of Ann Arbor, CITY OF ANN AKBOR. 93 to give such directions for the protection of the city from fire as they may deem necessary, and to determine the kind of buildings in which such engines may be placed, and to regulate all the appurtenances therewith in anywise belonging. Sec. 3. It shall be the duty of such board of inspec- tors, whenever directed by the common council, forthwith to inspect and examine any steam engine or engines with- in the limits of the city of Ann Arbor, and to direct such alterations or improvements in the arrangement or man- ner of running the same to be made by the owner or pro- prietor thereof, as they shall deem proper for the better protection against fire, and such alteration or improvement shall be made within ten days after notice either upon the owner or proprietor, and at the expense of the party own- ing the same. Sec. 4. It shall be unlawful hereafter for any person to erect within the limits of the city of Ann Arbor any steam engine, until application, in writing, has been made to the common council of said city, and their consent there- to obtained. If such consent shall be obtained, such steam engine shall be erected under the superintendence of such board of inspectors, and under such restrictions and upon such conditions as either the common council or the board of inspectors may impose. Sec. 5. Any person or persons who shall use any steam engine, or allow the same to be used, contrary to the pro- visions of section two of this ordinance, or who shall erect any steam engine, in violation of section four of this ordi- nance, shall, upon conviction, be punished by a fine, not exceeding one hundred dollars and all costs of prosecu- tion. AN ORDINANCE RELATIVE TO SMOKE-STACKS. [Passed December 28,1872.] Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. That no person shall use or permit to be used within the corporate limits of the city of Ann Arbor, ORDINANCES OF THE relating to the police or interests of the city, or to any breach of the laws or ordinances. Sec. 8. The chief of police shall have power to pro- mulgate such orders to the policemen as he may deem proper, and it shall be the duty of the policemen to render to him and his orders implicit obedience, but such orders shall be in writing and in conformity to the law and to the rules and regulations of the common council. Sec. 9. Any member of the police of the city of Ann Arbor for intoxication, wilful disobedience of orders, inde- cent, profane, or harsh language or conduct, disrespect to a superior, unnecessary violence to any prisoner or citizen, neglect in paying his just debts for rent or necessaries, or any breach of the rules and regulations prescribed by the common council for the government of the police of the city of Ann Arbor, shall be subject to reprimand, suspen- sion, reduction from his pay or dismissal, according to the nature or aggravation of his offense. Sec . 10. This ordinance shall take immediate effect. AN ORDINANCE RELATIVE TO THE PUNISHMENT OP IDLE AND DISORDERLY PERSONS. [Passed June 24, 185U Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. That any person or person who may com- mit a breach or disturbance or the public peace, or shall by noise otherwise, disturb any meeting within said city of Ann Arbor, shall, on conviction thereof before any justice of the peace in said city, be punished by a fine, not ex- ceeding twenty dollars and costs of prosecution, and may be imprisoned, not exceeding ten days, or both, at the dis- cretion of said justice. Sec . 2. Any vagrant, lewd, idle or disorderly person, or any person intoxicated or drunk with liquors of any kind, common night-walkers, pilferers, or any person wan- CITY OF ANN ARBOR. 97 ton, lascivious, obscene or vulgar of speech, conduct or be- havior, common, railers or brawlers, shall, upon conviction before any justice of the peace, be punished by fine, not exceeding twenty-five dollars and costs of suit, or be im- prisoned, not exceediug thirty days, or both, at the discre- tion of the justice.* Sec. 3. It shall be the duty of the marshal to arrest all persons who may be found intoxicated within this city, and all persons offending under this act, and without unrea- sonable delay, bring him, her, or them before a justice of the peace in said city for trial, and if in the opinion of said justice, any person brought before him is unfit, by reason of intox- ication, to be tried immediately, it shall be his duty to or- der such person to be committed to the county jail for such time as he may judge necessary, not exceeding forty-eight hours, previous to trial. AN ORDINANCE RELATIVE TO BREACHES OF THE PEACE AND DISORDERLY CONDUCT. [Passed August 4, 1856.] Be It Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. Any person who may hereafter be found lurking, lying in wait or concealed in any house or other building, or any yard or premises within the limits of the city of Ann Arbor, with intent to do any mischief, or to pilfer, or commit any crime or misdemeanor whatever, shall, for every such offense, on conviction thereof, be pun- ished by a fine, not exceeding one hundred dollars, or im- prisonment in the county jail, not exceeding thirty days, or both, at the discretion of the court, and may, moreover, be held to bail for good behavior. Sec. 2. Any person who shall make, aid, countenance or assist in making, any noise, riot, disturbance, charivari, * As amended by Ordinance passed June 4, 1855. 98 ORDINANCES OF THE by blowing horns, ringing bells, or other improper diver- sion or noise, or who shall be guilty of any indecent, im- moral or insulting conduct, language or behavior in the streets or elsewhere in said city, and all persons who shall collect in bodies or crowds in said city for unlawful pur- poses, to the annoyance or disturbance of the citizens or travelers, or so as to impede the free passage of any street or sidewalk in said city, shall for each offense, on convic- tion thereof, be liable to the punishment mentioned in the foregoing section. Sec. 3. Any person or persons who shall, within the limits of said city, keep a disorderly or ill-governed house or place, or a house or place for the resort of persons of evil name or fame, or of dishonest conversation, or who shall procure, or suffer to come together at such house or place, persons of evil name or fame, or who shall commit or suffer to be committed therein, any immoral, indecent, or improper conduct or behavior; or any tippling, revel- ing, prostitution, rioting or disturbance, every person or persons so offending, or who shall aid or assist in any man- ner, in offending in the premises, shall, on conviction there- of, be liable to the punishment mentioned in the first sec- tion of this ordinance. Sec. 4. No person shall raise or fly any kite in any of the streets of lanes or alleys, or within the limits of the city of Ann Arbor, under a penalty for each offense not exceeding twenty dollars, or confinement in the county jail, not exceeding ten days, and costs of prosecution. Sec. 5. No person or persons shall, unless especially authorized by the common council, dig, remove or carry away any earth, loam, sand, gravel or sod, from any of the streets, lanes or alleys, or public grounds, within the lim- its of the said city, under a penalty for each offense, not exceeding fifty dollars and costs of prosecution. Sec. 6. It shall not be lawful for any person to leave any cart, wagon, carriage or sleigh, wood, timber, or any other incumbrance or obstruction in any of the streets, 100 ORDINANCES OF THE trate, or commit them for safe keeping in any safe place in said city, until nine o'clock the next day, unless that shall be Sunday, in which case he shall be committed un- til Monday, and then bring him before a magistrate for ex- amination. AN ORDINANCE RELATIVE TO DISORDERLY CONDUCT. [Passed February 18,1887.] Be It Ordained by the Mdyor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. If any person shall on the arrival or de- parture of any railroad cars at or from said city, or for the period of thirty minutes after the arrival or before the de- parture of said cars, and within twenty rods of the place where said cars have or are about to stop or depart from said city, make, aid, countenance, or assist in making any loud or boisterous noise, disturbance or improper diversion, or shall be guilty of any indecent, immoral, obscene or in- sulting conduct, language or behavior, such person shall for every such offense, upon conviction thereof, be fined in a sum not exceeding one hundred dollars and costs of prosecution, or be confined in the county jail not exceeding sixty days. Sec. 2. If any person shall, during the night time, re- move any boxes, barrels, wood, lumber, stones, or any other thing, not his own, from any of the sidewalks, yards or buildings into any of the streets, lanes or alleys of said city, or upon the premises of any other person, such per- son shall, upon conviction thereof, be fined in a sum not exceeding one hundred dollars and costs of prosecution, or be confined in the county jail not exceeding sixty days. Sec. 3. In all cases where prosecutions are commenced under any of the ordinances of said city, the magistrate before whom the same shall be tried may, in his discretion, 102 ORDINANCES OF THE drivers of baggage wagons act as porters or runners for any hotel in said city.* Sec . 2. It shall be unlawlul for any person or persons driving a baggage wagon, or any one accompanying the the same, to solicit passengers or travelers, when at said passenger depot or where passenger trains may be stand- ing. Sec. 3. It shall be unlawful for any person or persons soliciting passengers or travelers to do so in a boisterous or noisy manner, or treat them in any other way than civilly and gentlemanly. Sec. 4. Any violation of the provisions of this ordi- nance shall be punished by a fine of not less than five dol- lars, nor more than twenty dollars; and in default of the payment thereof by imprisonment in the Washtenaw county jail for a period not less than ten days, nor for a period over thirty days. Sec. 5. Ordinance No. 61, relative to regulating hacks, carriages and omnibuses, passed in common council, Oc- tober 24, A. D. 1870, and ordinance No. 78, being an ordi- nane amendatory of ordinance No. 61, passed in common council, June A. D. 1873, and ordinance No. 80, being an ordinance amendatory of ordinances Nos. 61 and 78, made and passed in common council May 4, A. D. 1874, are here- by repealed. Sec. 6. This ordinance shall take immediate effect from and after legal publication. AN ORDINANCE RELATIVE TO HACK AND OMNIBUS DRIVERS. [Passed December 2, 1878.] Be It Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor:: Section 1. It shall hereafter be unlawful tor any hack, carriage or omnibus driver, or any other person soliciting * As amended by Ordinance passed Deo. 4, 1876. CITY OF ANN ARBOR. 103 passengers or travelers at the depot of the Toledo and Ann Arbor railroad, in the city of Ann Arbor, to solicit passen- gers or travelers, except at the steps of their respective vehicles, stationed on the south side of Washington street, between the office of the Toledo and Ann Arbor railroad company and the track of said railroad in said city, at which location all persons so soliciting are hereby required to be at their respective hacks, carriages or omnibuses on the arrival of passenger trains, and there to remain during the stay of said passenger trains at said depot, and for the period of two minutes after the departure of said passen- ger trains from said depot. No person shall act or engage in the business of a public porter or runner for any hotel in the city of Ann Arbor, nor shall any omnibus agent, or any omnibus, hack or carriage driver, or drivers of baggage wagons, act as porter or runner for any hotel in said city. Sec. 2. It shall be unlawful for any person or persons driving a baggage wagon, or any one accompanying the same, to solicit passengers or travelers when at said pas- senger depot, or where passenger trains may be standing. Sec. 3. It shall be unlawful for any person or persons | soliciting passengers or travelers to do so in a boisterous or noisy manner, or treat them in any other way than civilly and gentlemanly. Sec . 4. Anv person or persons violating any of the provisions of this ordinance, or failing to comply with the provisions and requirements of the same, shall, on convic- tion, be punished by a fine, not exceeding twenty-five dol- lars, to be recovered before any justice of the peace of the city of Ann Arbor, and in the imposition of any such fine the justice of the peace may make a further order that in default of the payment of said fine within the time to be fixed by the justice in his sentence, the offender shall be committed to the county jail of Washtenaw county, for a period of time not exceeding thirty days. Sec. 5. This ordinance shall take effect from and af- ter legal publication. CITY OF ANN ARBOR. 105 ing section, be destroyed by the marshal of the city of Ann Arbor, under the order of the mayor of said city. And if the marshal shall refuse or neglect to obey such orders, or if he returns to the owners any instrument ordered to be destroyed, or uses, sells, or in any other manner disposes of the same, save in accordance with the said order, he shall be fined one hundred dollars for each and every offense. Sec. 4. If any person shall make complaint before any justice of the peace of said city, that he suspects or has probable cause to suspect that any house or other building is used for the purpose of gaming for money, and that persons resort to the same for the purpose of gaming therein, the said justice shall issue a warrant, commanding the marshal or any deputy marshal of said city to enter into such house or building, and there to arrest all persons who shall there be found playing for money, and also the keepers of said house or building, and to take into their cus- tody all the instruments of gaming there found, and to bring said persons and instruments before said justice, to be dealt with according to law. AN ORDINANCE TO PREVENT THE VIOLATION OF THE SABBATH. [Passed January 24, 1872.J Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. That no person shall keep open or permit to be kept open his or her store, ordinary, saloon, bar-room, beer-hall, restaurant, pleasure garden, victualing house, billiard room, ball alley, grocery, barber shop, or other place of business, pleasure or amusement, or give or make or be present at or take part in or permit on any premises occupied by him or her, any public diversion, show, theat- rical representation, ball, dance, game, or play, on the first day of the week, called the Sabbath or Sunday. 106 ORDINANCES OF THE This section shall not be construed to prevent drug- gists from furnishing medicines and prescriptions, nor to prevent the furnishing of meals and lodgings to travelers and boarders. But nothing herein contained shall author- ize the furnishing of intoxicating liquors to any person. Sec . 2. Any violation of the provisions of this ordi- nance shall be punished by a fine not less than ten dol- lars, nor exceeding one hundred dollars, or by imprison- ment in the Washtenaw county jail, or in the Detroit house of correction, for a term not exceeding ninety days. Sec. 3. An ordinance entitled " An ordinance for the preservation of order and quiet in the city of Ann Arbor," made and passed September fourth, eighteen hundred and sixty-five, is hereby repealed, but such repeal shall not effect any act done or proceedings commenced, or any pen- alty or fine incurred or imposed thereunder. Sec . 4. This ordinance shall take immediate effect. AN ORDINANCE TO PREVENT THE SALE OF INTOXICATING DRINKS TO STUDENTS AND MINORS. [Passed Nov. 2, 1874.] Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. That it shall not be lawful for any person, by himself, his clerk or agent, to permit any student in at- tendance at any public or private institution of learning in the city of Ann Arbor, or any minor, to play at cards, dice, billiards, or any game of chance in any part of any building in which spirituous liquors or intoxicating drinks are sold, nor shall it be lawful for any person by himself, his clerk or agent, to sell or give to any student in attend- ance at any public or private institution of learning in said city, or any minor, any spirituous or intoxicating drinks, except when prescribed by a regular physician for medical purposes, and any person who shall offend against either CITY OF ANN ARBOR. 107 of the foregoing provisions of this ordinance shall be deemed to have been guilty of a misdemeanor, and on conviction thereof, shall be fined twenty dollars and costs of prosecu- tion, and in default of payment thereof, shall be imprisoned in the county jail, not exceeding sixty days. Sec. 2. This ordinance shall be published for two weeks successively in the Michigan Argus and Peninsu- lar Courier and Family Visitant, the two newspapers pub- lished in said city of Ann Arbor, and shall take effect at the expiration of fifteen days after the first insertion in said papers. AN ORDINANCE TO PRESERVE PUBLIC PEACE AND GOOD ORDER. [Passed September 1, 1879.] Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor: Section 1. That no person shall keep open or permit to be kept open his or her store, ordinary, saloon, bar-room, beer hall, restaurant, pleasure garden, victualing house, billiard room, ball alley, grocery, barber shop or other place of business, pleasure or amusement, before the hour of six o'clock in the morning or after the hour of ten o'clock inthe evening of any day in the week. This section shall not be construed to apply to tele- graph and railroad offices, printing establishments, manu- facturing establishments driven b^ water or steam power, and livery stables, nor to public lectures, meetings, balls, dances, and musical concerts at which the public at large are accustomed to attend, nor to public shows and exhibi- tions that shall be duly licensed by authority of the com- mon council, nor to prevent druggists from furnishing medicines and prescriptions, nor to prevent the furnishing of meals and lodgings to travelers and boarders. But nothing herein contained shall authorize the furnishing of intoxicating liquors to any person. CITY OF ANN ARBOR. 109 Sec. 2. This ordinance shall take effect from and af- ter legal publication. AN ORDINANCE RELATIVE TO A PUBLIC MARKET. [Passed September 19, 1876.] Be It Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. The space of ground being seventy-four feet in width on the west side of block number one, north of Huron street, and range three east, is hereby declared to be a public market, and shall constitute and be known as the City Market. Sec . 2. The common council may, from time to time, establish in addition to the said market, such other public markets as the convenience and necessities of the city may require. Sec . 3. It shall be the duty of the mayor to appoint a committee on markets, and said committee shall have power, and it shall be the duty of said committee to make rules and regulations for the government of the public markets of said city. Sec . 4. The public markets of the city shall be kept open every day, Sundays excepted, for such hours as may, from time to time, be fixed by the committee on markets. Sec . 5. No person within any of the public markets of said city, shall be guilty of any lewd, lascivious or dis- orderly conduct, or make any loud or boisterous noises, or use any profane or vulgar language, or do any act which is calculated to lead to a breach of the peace, or which tends to disturb the good order or decorum of the place. Sec . 6, No person shall kill or slaughter within the limits of any public market in said city, any beast; or gut or cleanse any fish, or lay, or throw, or deposit any dirt, filth or offal therein. Sec . 7. No person shall sell at auction any goods, wares, or merchandise, or furniture of any kind, within the 110 ORDINANCES OF THE limits of any public market in said city during market hours. Sec. 8. All persons selling, or offering for sale, from wagons, carts, or other vehicles, any fish, hay, straw or wood, within the limits of the space bounded on the south by William street, on the west by First street, on the east by Division street, and on the north by North street, shall occupy and stand with their teams on the space of ground by this ordinance constituted and known as the City Market. Sec. 9. All drays, carts, wagons, or other vehicles used for the transportation of goods, merchandise, and other wares, plying i'or hire within the limits of said city, shall, while waiting for employment, occupy the following stand and no other, that is to say: the space of ground by this ordinance constituted and known as the City Market. Sec. 10. Any violation of the provisions of this ordi- nance shall be punished by a fine, to be imposed by the justice of the peace trying the offender, i f not less than two dollars, nor more than one hundred dollars, or, in the discretion of said justice, by imprisonment in the Washtenaw county jail for a term not less than ten days, nor exceeding thirty days. Sec . 11. This ordinance shall take immediate effect. AN ORDINANCE PROHIBITING THE SALE, CIRCULATION OR PRINTING OF OBSCENE, IMMORAL, INDECENT AND SCANDA- LOUS BOOKS, PAPERS, OR PRINTS WITHIN THE CITY OF ANN ARBOR. [Passed January 7, 1878.] Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. It shall be unlawful within the city of Ann Arbor, for any person, firm or corporation, to print, publish, sell, offer for sale, give away, circulate or distrib- ute any book, pamphlet, ballad, printed paper, or other thing, containing obscene, immoral, indecent or scandalous CITY OF ANN ARBOR. Ill language, or obscene prints, pictures, figures or descrip- tions, or articles or advertisements of a scandalous, inde- cent or immoral nature, tending to the corruption of the morals of the residents of said city; or to introduce into any family, schools or place of education, or to buy, pro- cure, receive, or have in his possession any such book, pamphlet, ballad, printed paper, or other thing, either for the purpose of sale, exhibition, loan or circulation, or with intent to introduce the same into any family, school, or place of education. Sec. 2. Any person who shall violate any of the pro- visions 6f this ordinance shall be punished by a fine to be imposed by the justice of the peace trying the offender, of not less than ten, nor more than one hundred dollars, or, in the discretion of said justice, by imprisonment in the Washtenaw county jail, for a period of not less than one month nor more than ninety days, Sec. &> This ordinance shall be published for two weeks successively in the Michigan Argus, a newspaper published in the city of Ann Arbor, and shall take effect at the expiration of fifteen days after the first insertion in said paper. CHAPTER V. OF PUBLIC HEALTH. AN ORDINANCE FOR THE ESTABLISHMENT AND REGULATION OF A BOARD OF HEALTH OF THE CITY OF ANN ARBOR, passed November 10, 1865.] Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ana Arbor: Section 1. That the Board of Health instituted by and appointed under resolution of said common council on 112 ORDINANCES OF THE the sixth day of November instant, and any other Board of Health which may hereafter be appointed for said city, shall have and exercise all the power and perform all the duties conferred upon or required of a board of health, by the provisions of chapter thirty-seven of the compiled laws of the State of Michigan, and any act or acts of the Legislature amendatory thereof or supplementary thereto. Sec. 2. Every person in default or offending against any of the lawful regulations or requirements of any such Board of Health, shall be punished, forfeit and pay accord- ing to the provisions of said chapter, and the act or acts aforesaid, respecting his or her default or offense. Sec. 3. The city marshal, justices of the peace, and constables of said city shall respectively have and exercise within said city all such jurisdiction and powers and dis- charge all such duties appertaining to the objects, acts and doings of said Board of Health, as are conferred upon or required respectively of the sheriff of the county, justices of the peace, and constables, by the provisions of said chapter; and the said act or acts, and all the acts and do- ings of said Board of Health, and the officers, agents and servants employed by them, and the proceedings to en- force these requirements, or carry out the objects of their appointment, shall, as nearly as may be, conform to and be regulated and governed by the provisions of said chap- ter thirty-seven of the compiled laws of the State of Michigan, and the acts of the Legislature amendatory and supplementary thereto. AN ORDINANCE TO ABATE AND REMOVE NUISANCES AND PRE- SERVE HEALTH. TPassed March 4, 1872.] Be it Ordained by the Mayor, Recorder,and Aldermen of the City of Ann Arbor: Section 1. That no person shall by himself or by an- other throw, place, deposit or leave in or upon any street, highway, lane, alley, sidewalk, public space or square 114 ORDIN ANCES OF THE Sec. 3. No distiller, brewer, soap boiler, tallow chand- ler, dyer, machinist, or other person, shall himself, or by another, discharge out of or from any still house, brewery, soap or candle factory, dye-house, work-shop, factory, ma- chine shop, tannery, dwelling-house, kitchen or other building, any foul or nauseous liquid, water, or other sub- stance, into or upon any highway, sidewalk, street, lane, alley, public space or square, or into any adjacent lot or grounds in said city. Sec. 4. No person shall keep, place or have on or in any private house, lot or premises in said city, any dead carcass, putrid, offensive or unsound beef, pork, fish, hides, skins, bones, horns, stinking or rotten soap grease, tallow, offal, garbage, or other animal or vegetable matter or sub- stance, which may cause any unwholesome, noisome, or offensive smell. Sec. 5. When any dumb animal shall die within the limits of said city, the owner or person in possession of it shall, within twelve hours thereafter, cause the carcase to be removed to the place provided by the common council, or beyond the city limits. Sec. 6. No owner or occupant of any grocery, cellar, tallow chandler's shop, soap, candle, starch, or glue fac- tory, butcher's shop, slaughter-house, stable, barn, privy, sewer, or other building or place, shall allow any nuisance to exist or remain on his or her premises. Sec. 7. No person shall himself, or by another, wash or clean any carriage or horse on any street, sidewalk, or other public space, nor suffer the water used for such pur- poses to flow over any sidewalk, street, or public space. Sec. 8. The keeper of any livery or other stable shall keep the stable and stable-yard clean, and shall not per- mit, between the first day of June and the first day of No- vember, more than two cart-loads of manure to accumu- late in or near the same at any one time. Secs. 9 and 10. * * Repealed by Ordinance passed November 8, 1875. 116 ORDINANCES OF THE perfectly tight and covered, so as to prevent the contents thereof from leaking or spilling, and such cart, wagon, or other vehicle, when not in use, shall not be allowed to stand in any highway, street, lane, alley, public space, or square. Sec. 17. Any violation of the provisions of this ordi- nance shall be punished by a fine of not less than ten dol- lars nor exceeding one hundred dollars, or by imprison- ment in the Washtenaw county jail or the Detroit house of correction for a term not exceeding ninety days. Sec. 18. An ordinance of said city entitled "An Or- dinance Relative to Nuisances," made and passed June 17, 1851, is hereby repealed. Sec. 19. This ordinance shall take effect from and after its passage. AN ORDINANCE TO PRESERVE THE STATISTICS OF THE CITY OF ANN ARBOR IN REGARD TO THE PUBLIC HEALTH. [Passed February 16, 1874.] Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. That it shall be the duty of all practicing physicians in the city of Ann Arbor, on the first days of January, April, July, and October, in each and every year, to report in writing, to the board of health of the city of Ann Arbor, a true statement of the number of cases of small-pox, cholera, scarlet fever, typhoid fever, measles and whooping-cough occurring each month during the past quarter, upon which they have been the attending physi- cians; also, the number of deaths resulting from each of said diseases. Sec. 2. That all undertakers, and other persons, who shall furnish any coffins or caskets within which to inter the dead within the limits of the city of Ann Arbor, or within which the dead are to be removed from the limits of said city, shall first obtain a written permit from the president, acting-president, or secretary of the board of CITY OF ANN ARBOR. 119 and on the east by a line drawn parallel to the west boun- dary line of said city, and at the distance of one mile therefrom; also that portion of said city bounded on the east by State street, on the west by Main street, on the south by the south boundary line of said city, and on the * north by a line drawn parallel to said south boundary line and at a distance of seventy-five rods therefrom; except- ing from both the above described parcels of land those portions thereof which lie within thirty rods of any public street or highway in said city. And it shall be unlawful for any person or persons to keep, maintain or use any slaughter-house within the corporate limits of the said city of Ann Arbor except within the limits above desig- nated as the location of slaughter-houses in said city. And if any person or persons shall keep, maintain or use any slaughter-house within the corporate limits of the city of Ann Arbor, except within the limits above designated as the location of slaughter-houses in said city, such person or person shall be deemed guilty of a violation of the pro- visions of this ordinance; and any building or part of a building in which any slaughtering is done for other than the family use of the person or persons slaughtering, shall be deemed a slaughter-house within the meaning of this ordinance.* Sec. 2. For each and every day's violation of the pro- visions of this ordinance, the offender shall be punished by a fine of not less than twenty-five dollars, and not ex- ceeding one hundred dollars, or by imprisonment in the Washtenaw county jail for a term of not less than thirty days nor exceeding ninety days, in the discretion of the justice trying the offender.f Sec. 3. This ordinance shall take effect from and after its legal publication. * As amended by Ordinance passed Nov. 20,1876. t As amended by Ordinance passed Nov. 20,1876. 120 ORDINANCES OF THE CHAPTER VI. OF LICENSES. AN ORDINANCE FOB THE ISSUE OF LICENSES. TPassed May 11, 1868.] Be It Ordained by the Mayor, Becorder, and Aldermen of the City of Ann Arbor: Section 1. No person except the recorder, and in his absence the mayor, shall be authorized to issue any license in pursuance of any ordinance made by the common coun- cil of the city of Ann Arbor, unless otherwise ordered by the common council; and he shall make and keep a cor- rect register of all licenses issued, which license shall state the consecutive numbers thereof, the name of the person to whom issued and for what purpose, the date of issue, the time of expiration, and the amount paid into the city treasury; all of which shall be entered upon the register aforesaid, provided for that purpose, and no license shall be deemed valid unless signed by the mayor or recorder as aforesaid; and for each license issued and registered as aforesaid the recorder shall receive the sum of fifty cents, to be paid by the person to whom said license is granted, which sum shall be paid in addition to the amount paid into the city treasury, and shall be and constitute a part of the amount paid for said license. Sec . 2. All licenses, unless revoked by the common council, shall continue in force until the first day of May next ensuing the date thereof, unless otherwise expressly stated in said license, and in no case shall any license pur- porting to continue in force beyond the first day of May next ensuing the date thereof, be deemed valid. Sec. 3. This ordinance shall take effect from and after its passage. 122 ORDINANCES OF THE tice, be discharged by tbe marshal, if he shall pay to the city treasurer such sum as the officers authorized to grant a license shall direct, with costs. AN ORDINANCE RELATIVE TO HAWKERS AND PEDDLERS. [Passed May 11, 18H8.] Be It Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. No person shall follow the business or oc- cupation of a hawker or peddler within the limits of the city of Ann Arbor without a license from the recorder. Sec. 2. The recorder is hereby authorized to issue a license to any person to follow the business or occupation of a hawker or peddler, on his paying into the city treas- ury the sum prescribed in the next section. Sec. 3. Any person soliciting a license as a peddler, shall pay therefor as follows: If he intends to travel on foot, three dollars for the first day, and two dollars for each subsequent day. If he intends to travel with one horse, or other animal, the sum of ten dollars for the first day, and five dollars for each subsequent day. If he intends to travel with two or more horses, or other animals, fifteen dollars for the first day, and ten dollars for each subse- quent day, and the recorder's fee: Provided, That no license under this section shall be issued for a longer per- iod than thirty days, and each renewal shall be deemed and considered a new license. This ordinance shall not apply to citizens of Ann Arbor who are selling articles of their own manufacture.* . Sec. 4. This ordinance is not intended to apply to any mechanic of this State, selling or offering for sale any arti- cle of his own manufacture or construction, nor to any person selling or offering for sale any wholesome meats by the quarter, poultry, ice, vegetables, berries, fruit, butter, eggs, or other provisions. * As amended by Ordinance passed May 2,1881. CITY OF ANN ARBOR. 123 Sec. 5. Any person violating any of the provisions of this ordinance, shall be punished by a fine not to exceed fifty dollars and costs, to be recovered before any justice of the peace of said city; and in the imposition of any fine and costs, the said justice of the peace may make a further sentence, that in default of the payment of such fine or costs, the offender may be imprisoned in the De- troit house of correction, or the county jail, for any period of time not exceeding ninety days. Sec. 6. All ordinances and parts of ordinances incon- sistent with this ordinance, are hereby repealed. Sec. 7. This ordinance shall take effect from and after its passage. AN ORDINANCE REGULATING THE USE OP THE PUBLIC STREETS AND OTHER PUBLIC SPACES BY PERSONS KNOWN AS BOOT- BLACKS AND NEWS-BOYS, IN PLYING THEIR TRADE OR BUSINESS. [Passed January 7, 1878.] Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor, as follows: Section 1. No boy or boys, or other person, known as "bootblacks" or as "newsboys," shall ply their trade or business in any of the streets, avenues, parks, or other public spaces within the city of Ann Arbor, without a per- mit from the recorder, countersigned by the mayor, as hereinafter provided. Sec. 2. The recorder is hereby authorized to grant permits in writing to the class of persons known as " boot- blacks" and "newsboys," to ply their trade or business in the streets, avenues, parks, or other public spaces of this city. No permit granted under this ordinance shall last for a period longer than the first Monday in June then next following. Sec 3. It is hereby made the duty of the recorder to furnish to each person to whom a permit is granted a num- ber made of tin or other metal; he shall endorse such 124 ORDINANCES OF THE number upon the permit, and shall keep a correct record of the name of each person to whom a permit is granted, with his place of residence, the trade or business he is per- mitted to pursue under this ordinance, and the number with which he is supplied. He shall collect the sum of ten cents from each person to whom the number herein provided for is issued. Sec. 4. Each person to whom a number is issued un- der the preceding section of this ordinance, shall, while plying his trade or business, wear said number on the front of his hat or cap, or on the breast of his coat, so that the same may be plainly seen. Sec . 5. The mayor, the recorder, and the common council, or either of them, may revoke the permit herein provided for, and it shall be deemed a sufficient cause for such revocation that the person whose permit is revoked has been guilty of using indecent or profane language or of committing any act of a disorderly or dishonest nature; and the permit issued any "newsboy" may be revoked as aforesaid if he shall sell, or offer for sale, circulate, or de- liver, or cry any newspaper, pamphlet, magazine or printed matter within said city, the sale or circulation of which, within said city, may be or shall have been prohibited by the resolution of the common council. Sec. 6. Any violation of, or failure to comply with, any of the provisions of this ordinance, shall be punished by a fine, to be imposed by the justice of the peace trying the offender, not to exceed ten dollars, or, in the discretion of the said justice, by imprisonment in the Washtenaw county jail for a period of time not exceeding thirty days. Sec. 7. This ordinance shall be published for two weeks successively in the Michigan Argus, a newspaper published in the city of Ann Arbor, and shall take effect at the expiration of fifteen days after the first insertion in said paper. 128 ORDINANCES OF THE Sec. 11. No drayman, or person having a dray in charge, shall drive or back the same on any sidewalk, or stop the same on any crosswalk, so as to obstruct or hinder travel, or place the same crosswise of any street, except in loading and unloading, and not then for a greater length of time than is necessary for such purpose. Sec. 12. It shall not be lawful for any drayman or other person having charge of a dray, to be away from such dray while the same is moving or passing along any street, and the draymen or persons having charge of drays shall, while waiting for employment, be on or near their drays; and they shall not snap or flourish their whips, or use any rude or boisterous language or conversation, so as to be an annoyance to persons passing the street. Sec . 13. It shall be the duty of the marshal and his deputies, and it shall be permitted any person, to make complaint for any violation of the provisions of this ordi- nance. Sec. 14. Any violation of, or failure to comply with, the provisions of this ordinance, shall be punished by a fine not to exceed seventy-five dollars and costs, to be re- covered before any justice of the peace of the city of Ann Arbor; and in the imposition of any such fine and costs the said justice of the peace may make a further sentence that in default in the payment thereof within the time fixed in such sentence, the offender be committed to the Detroit house of correction or the county jail for a period of time not exceeding ninety days. Sec. 15. So much of an ordinance entitled "An Or- dinance Relative to Hacks, Cabs, Drays, and Other Vehi- cles," as relates to drays, and all other ordinances or parts of ordinances inconsistent with the provisions of this, are hereby repealed. Sec. 16. This ordinance shall take effect from and after its passage. CITY OF ANN ARBOR. 129 AN ORDINANCE RELATIVE TO HACKNEY CARRIAGES AND OM- NIBUSES. [Passed May 1, 1882. J Be It Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. Every public carriage, cab, coach, hack or other vehicle drawn by one or more horses or other ani- mals, which shall be kept, used, driven or employed to convey any person or persons from place to place within the limits of the city of Ann Arbor, or to carry any per- son or persons by the hour in said city, for hire, shall be deemed a "hackney carriage" within the meaning of this ordinance. Sec. 2. No person shall hire, or keep for hire, within the limits of the city of Ann Arbor, any hackney carriage or omnibus without a license therefor from the recorder. Sec. 3. The recorder is hereby authorized to issue licenses, for the purpose aforesaid, to any resident of the city of Ann Arbor of the age of twenty-one years or up- wards, of good moral character, upon his paying into the city treasury the sum of one dollar and the recorder's fee, and to any person, a non-resident of the city of Ann Ar- bor, of twenty-one years or upwards, of good moral char- acter, upon his paying into the city treasury the sum of nine dollars and fifty cents, and the recorder's fee, for each hackney carriage or omnibus kept as aforesaid, and exe- cuting a bond to the mayor, recorder and aldermen of the city of Ann Arbor, in the penal sum of one hundred dol- lars, with one or more sureties, to be approved by the common council of said city, conditioned for a faithful ob- servance of the charter and ordinances of said city, and that he will pay all fines, penalties, costs and damages for which he may become liable on account of such hackney carriage or omnibus, under his license as aforesaid; and such license shall state the number of each hackney car- riage or omnibus, with the name of the person to whom granted. 132 ORDINANCES OF THE tional passenger twenty-five cents. For the use by the day of such conveyance, ten dollars per day. For each trunk, fifteen cents; but no charge shall be made for any bag, valise or bundle weighing less than fifty pounds. When a hackney carriage or omnibus is used between the hours of eleven o'clock p. m. and five o'clock a. m., it shall be lawful to demand and receive for the same services double the rates prescribed above. Any disagreement as to time and rates shall be determined by the mayor, whose decision shall be final. Sec. 13. There shall be fixed in every hackney car- riage or omnibus licensed under this ordinance, and in such manner as to be conveniently read by any person in the same, a card containing the name of the owner of such conveyance, the number of the conveyance, and the whole of section twelve of this ordinance, printed in plain, legi- ble characters. The said card shall be furnished by the city of Ann Arbor, and be given to any licensed owner or driver who may apply for the same. Any driver who shall drive a hackney carriage or omnibus without such a card being placed therein, and any owner who shall neglect to place such a card in his conveyance, shall be punished as hereinafter provided. Sec. 14. This ordinance shall apply to any carriage or omnibus which may at at any time be placed upon a pub- lic stand, for public hire, and to all omnibuses or carriages kept by hotel or livery stable keepers for the purpose of carrying passengers for hire, to or from the railroad depot or other places in said city, or for carrying any person or persons by the hour in said city. Sec. 15. Any violation of, or failure to comply with, the provisions of this ordinance, shall be punished by a fine not to exceed seventy-five dollars and costs, to. be re- covered before any justice of the peace in the city of Ann Arbor; and in the imposition of any such fine and costs the said justice of the peace may make a further sen- tence, that, in default in the payment thereof within the CITY OF ANN ARBOR. 133 time to be fixed in such sentence, the offender be commit- ted to the Detroit house of correction or to the county jail for any period of time not exceeding ninety days. Sec. 16. So much of an ordinance entitled "An Or- dinance Relative to Hacks, Cabs, Drays, and Other Vehi- cles," as relates to the subject matter contained in this ordinance, or parts of ordinances inconsistent with the provisions of this, are he/eby repealed. Sec. 17. This ordinance shall be published for two weeks successively in the Ann Arbor Democrat, a news- paper published in the city of Ann Arbor, and shall take effect at the expiration of fifteen days after the first inser- tion in said paper. . . CHAPTER VII. OP POUNDS, CATTLE, AND HORSES. AN ORDINANCE RELATIVE TO POUNDS, AND TO PREVENT CAT- TLE RUNNING AT LARGE. [Passed June 3,1861.] 'Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor: Section 1. The common council of the city of Ann Arbor shall, as soon as practicable, provide two suitable pounds, one to be located north of the Huron river, to be styled "North Pound "; the other south of Huron river, to be styled "South Pound "; and shall appoint a pound- keeper for each pound, who shall hold the office until an- other is appointed in his place. Sec. 2. It shall be the duty of each pound-keeper to receive from any person whose duty it is by this ordinance to drive the same, all animals so driven to the pound under his charge, to pay for driving, to safely keep, care for, and feed, to deliver to the owner upon receiving his fees with all expenses, and to give notice and sell the same if not taken away in accordance with this ordinance; he shall keep an account of all sales, with a description of the ani- 10 134 ORDINANCES OF THE mals sold, the amount for which it was sold, with the name of the purchaser, the cost and charges against such, cred- iting the balance to the city, and if paid to the owner, state to whom, and take his receipt therefor; he shall file a copy of such record with his account and receipt, and the city treasurer's receipt, with the recorder, between the first and fifteenth day of March in each year, immediately preceding which he shall pay to the city treasurer all bal- ances in his hands. Sec. 3. It shall be unlawful for any horse, mare, mule, colt, bull, ox, steer, cow, calf, hog, shoat, pig, sheep, goose, or duck to go at large within the limits of the city of Ann Arbor, or to feed or graze, with or without attendance, upon or along the parks, commons, streets, highways, or alleys of said city; and it shall be lawful for any person, and it shall be the duty of the marshal and each of his deputies, of said city, to drive the same to pound, or cause the same to be so driven; and for driving the same to pound as aforesaid, the marshal, or any person so driving, shall be entitled to receive two dollars for each horse, mare, mule, colt, bull, ox, steer, cow, calf, hog, or shoat, and five cents for each sucking pig, sheep, goose, or duck.* Sec. 4. The pound-keeper shall be entitled to the same fees for receiving that the driver is for driving each animal, together with reasonable charges for keeping and feeding, not exceeding twenty-five cents per day, which shall be paid him by the owner thereof or by some other person, before such animal shall be released from the pound; and if the owner shall not pay the fees for driving, impounding, and all reasonable charges within forty-eight hours after the same is impounded, then the pound-keeper shall sell such animals at public vendue, at the pound, giving three days' notice thereof by advertisements posted at the pound, at the nearest public house, and at the post office in said city, except the geese and ducks, which may be sold after forty-eight hours' detention, without notice, * As amended by Ordinance passed June 7, 1880. 1.36 ORDINANCES OF THE to cattle running at large, an ordinance relative to hogs and cattle running at large, an ordinance amendatory of the same, and all other ordinances inconsistent with the provisions of this ordinance, are hereby repealed. AN ORDINANCE TO AMEND AN ORDINANCE RELATIVE TO POUNDS AND IMPOUNDING CATTLE. [Passed June 2, 1862.] Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor, That the " Ordinance Relative to Pounds and Impounding Cat- tle" Is hereby amended as follows: Section 1. * Sec. 2. When any cow or other animal shall have en- tered the enclosure of any person not the owner of said animal, the owner or occupant of said premises, his or her employe, may drive the same to pound, having the same rights that the marshal or his deputies have by the ordi- nance first above mentioned; and the same penalties shall be attached to any person who may attempt to rescue the animal from the driver. Sec . 3. No person shall enter the enclosure of the owner of any animal and drive it therefrom, unless the same shall have escaped or been rescued from the person driving the same, or from the pound, under a penalty of not less than one dollar, nor more than ten dollars, and costs of prosecution, to be recovered before any justice of the peace in said city of Ann Arbor. AN ORDINANCE RELATIVE TO HORSES, MULES, AND CATTLE. [Passed November 8, 1875.] Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. That it shall not be lawful for any person to ride, drive, or lead any horse, cow, or ox, on or along any sidewalk within said city, or leave the same standing thereon. * Repealed October 5, 1874. CITY OF ANN ARBOR. 137 Sec. 2. It shall not be lawful for any person to feed any horse, horses, mules or cattle in Main, Fourth, and Fifth streets, between Catherine and Williams streets, and in Huron, Ann, Catherine, Washington, and Liberty streets between Second and State streets, in said city. Sec. 3. Any violation of the provisions of this ordi- nance shall be punished by a fine not exceeding ten dol- lars for each offense, and costs of prosecution, and in de- fault of payment thereof, by imprisonment in the county jail not exceeding twenty days. Sec. 4. An ordinance of said city entitled "An Or- dinance Relative to Horses and Cattle," made and passed September 14,1857, and an ordinance of said city entitled "An Ordinance Relative to Horses and Cattle,1' made and passed January 16,1871, and all other ordinances amend- atory thereto, are hereby repealed. Sec. 5. This ordinance shall take effect from and after legal publication. CHAPTER VIII. OF CEMETERIES. AN ORDINANCE FOR THE PROTECTION, MANAGEMENT AND GOV- ERNMENT OF CEMETERIES AND BURIAL GROUNDS. [Passed May 11, 1863.] Be It Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. That if any person or persons shall wrong- fully and maliciously destroy, remove, deface or injure any fence, gate, or other structure to or around or inclosing or forming any part of the inclosure of any burial ground or cemetery in this city, or shall willfully and improperly de- stroy, remove, mutilate, cut, break, mar, deface or injure any tomb, monument, gravestone, or other structure or thing of any kind placed or designed for a monument for a memorial of the dead, or any fence, railing, ledge, curb, 138 ORDINANCES OF THE seat or other structure, tree, shrub, plant, flower or thing that shall have been intended, placed or left for the pro- tection or ornament of any block, lot or ground, tomb, grave, monument, gravestone or other structure hereinbe- fore mentioned, in any inclosed cemetery or burial ground in this city, or shall willfully injure or trample or go upon any grave or block or lot, inclosure, plot or parcel of land in any cemetery or burial ground within this city, that shall at the time have been laid, graded and turfed, or otherwise worked and improved by or for any person, fam- ily, persons or association as and for a place for the burial of the dead, or as a memorial of any deceased person or persons (except by permission of the owner of such im- provement, or in or along an alley, walk or passage way, or place laid only and intended for a walk or passage way on or through such improved grounds), the persons so offending shall or may, upon conviction thereof before any justice of the peace residing in this city, or before any court having jurisdiction of the offense, be punished by a fine not exceeding twenty-five dollars, or imprisonment in the county jail not exceeding thirty days, or by both, in the discretion of the court or justice before whom the offender shall be tried. Sec. 2. That a sexton for each public burial ground in said city may be appointed by the common council, who shall hold his office for one year, and until removed by the common council, or until his successor shall be ap- pointed. Sec. 3. That the following rules and regulations for the protection, management and government of Forest Hill Cemetery only, in said city, be and the same are here- by made and prescribed, to wit: No person shall ride or drive in any of the grounds within the inclosure of said cemetery (it being that part of the west half of the southeast quarter of section number twenty-eight, in township number two south, in range six east, in the State of Michigan, lying north of the Geddes CITY OF ANN ARBOR. 139 road), except in and along the avenue, and in and along such paths as may be graded and graveled for that pur- pose, and designated by a guide-board or sign pointing them out as "carriage paths," nor along any avenue or carriage paths faster than a walk. No horse or team shall be fastened or hitched in said cemetery, except at a post provided for that purpose, or left unhitched therein without a keeper. No person or persons visiting said cemetery shall take any dog or fire- arms or refreshments into said cemetery, or discharge any firearms therein, or in any manner attempt to destroy, frighten or injure any bird or other animal therein. No person shall take in the cemetery any flowers ex- cept for the purpose of leaving them therein, and no per- son shall pick or gather any cultivated flower in said ceme- tery, or remove, break, cut or mark any tree, shrub, or plant, or any branch or part thereof, or anything growing or being thereon, nor shall any person take any flowers from the said cemetery. No person shall throw or put anything in any pond, basin or reservoir of water in said cemetery, or in any manner disturb, roil or render unclean or impure the water in any such pond, basin or reservoir. If any such person or persons shall violate any of the rules or regulations prescribed in this section, the person or persons so offending shall or may, upon conviction there- of before any justice of the peace residing in this city, or before any court having jurisdiction of the offense, be punished by a fine not exceeding five dollars, or by impris- onment in the county jail not exceeding ten days, or by both, in the discretion of the court or justice before whom the offender shall be tried. These rules and regulations shall not apply to the su- perintendent while in the performance of his duties in the cemetery, nor to any act done by any person or laborer in the cemetery under the direction of the superintendent or of the board of officers of the cemetery company, or of 140 ORDINANCES OF THE any committee thereof, nor to any act properly done by any lot holder, or any one under his directions, on the lot of such holder. Sec. 4. Persons visiting the cemetery shall in all re- spects observe the proprieties of a place consecrated to the tender associations between the living and the dead they have lost and mourn; and if any person or persons shall commit any trespass in the cemetery, or violate any of these rules and regulations, or conduct or converse in a rude, boisterous, unseemly or improper manner, the super- intendent or any person employed by the cemetery board, or any committee thereof having charge of the grounds at the time, may remove and keep out any and every such offender from the cemetery grounds. AN ORDINANCE RELATIVE TO THE GOVERNING AND CONTROL- ING OF THE CEMETERY IN THF FIFTH WARD. [Passed June 7, 1875.] Be It Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. That three commissioners be appointed by the common council to take charge and control of the cemetery in the fifth ward of said city, in the manner hereinafter mentioned, and with the powers hereinafter granted. Said commissioners, when they shall have been appointed, shall have full power to make or cause to be made surveys of said lands embraced in said cemetery, lay out lots, make contracts for the sale of lots, and deliver deeds for the same, provided that said deeds shall be exe- cuted in the corporate name of said city, and signed by the mayor and recorder of the city of Ann Arbor. Sec. 2. All money or moneys realized for the sale of lots or otherwise shall be paid into the city treasury within ten days after receiving the same, which shall constitute a fund known as the city cemetery fund, for the sole use and benefit of said cemetery, and said money or moneys may be drawn out of said treasury for making improvements, upon the allowance or recommendation of not less than CITY OP ANK AKBOR. 141 two of said commissioners, upon an order on the city treas- urer, said order being first approved by the common coun- cil, signed by the recorder, and countersigned by the mayor. Sec. 3. The commissioners shall have power to make all needful regulations for the government of said ceme- tery, and such regulations shall be recorded by the com- missioners in a book kept for that purpose, which shall be open to the inspection of all persons interested in said cemetery. Sec. 4. The commissioners shall have power to levy a tax for the improvement of the grounds, not to exceed one dollar upon each lot, when they may deem it neces- sary, for beautifying or improving said cemetery, and col- lect the same as other taxes are collected by the city of Ann Arbor, provided that only one such tax upon each lot be collected each year, and provided that notice in writing signed by at least two of said commissioners, notifying the owner or owners of lots in said cemetery of the levying of said tax, be posted up in three public places in the fifth ward of the city of Ann Arbor, at least ten days before proceedings be had to collect the same. Sec. 5. The commissioners shall be appointed by the common council, as follows: One to hold the office until the first of January, 1876; one to hold the office until the first of January, 1877; and one to hold the office until the first of January, 1878. And the common council shall ap- point one the first Monday of January, 1876, and thereafter on the first Monday of January in each and every year, one commissioner, who shall hold his office for the term of three years, the common council reserving the right to re- move any of said commissioners for cause shown. The commissioner whose term of office expires first shall act as chairman of said committee. Sec- 6. The commissioners thus appointed shall re- ceive no pecuniary compensation for their services, and upon the death, resignation or removal of any of said com - 144 ORDINANCES OF THE for numbering each and every dwelling-house, store, shop, or other place of business fronting on any street or avenue in said city, to designate a number for each, and to notify the owner or occupant of such dwelling-house, store or shop, or other place of business of the number designated for the same. Sec. 2. It shall be the duty of such owner or occu- pant, within thirty days after such notification by the city marshal, to cause such number to be affixed upon or over the door or main entrance of said dwelling-house, store, shop, or any other place of business, in figures of sufficient size to be easily discernible from the street, and to cause such number to be maintained thereon. Sec. 3. When any new dwelling-house, store, shop, or other place of business, fronting on any street or ave- nue, shall be erected and finished in said city, sufficiently to be occupied, or any old building shall hereafter be moved on to any street or avenue, upon notification by the city marshal, the owner or occupant shall cause the number designated by the city marshal, to be affixed in the time and manner prescribed by section two of this ordinance. Sec. 4. In case any owner or occupant of such dwell- ing-house, store, shop, or any place of business, shall neg- lect or refuse to affix and maintain the number designated by the city marshal, in the time and manner prescribed by section two of this ordinance, such owner or occupant shall be liable to a fine of one dollar for every twenty-four hours' neglect or refusal, besides costs of prosecution : Pro- vided, That such fine shall not exceed one hundred dol- lars. AN ORDINANCE TO PREVENT INJURY TO WELLS. [Passed July 7, 1862.] Be it Ordained by the Mayor, Recorder, and Aldermen of the City of Ann Arbor: Section 1. That it shall not be lawful for any person or persons hereafter to dig, make or construct any well, or to continue any well heretofore made, in whole or in part, CITY OF ANN ARBOR. 145 in any of the streets, lanes, or alleys of the said city, or bordering upon the line of the same, or open thereto, with- out obtaining license so to do from the common council of said city, who shall also have authority of directing the manner of constructing, arranging and securing the same. And any person who shall, at any time, fail to comply with such directions, or otherwise offend against the provisions of this section, shall, upon conviction thereof, be fined, not less than five dollars, nor more than fifty dollars, with costs of prosecution. Sec. 2. Whenever any well shall be so dug, con- structed, or continued by such license of said common council, every person who shall be guilty, willfully and maliciously or wantonly and without cause, of destroying, breaking, removing, disfiguring, or in any manner injuring the curb, platform, bucket, rope, chain, pump, enclosure, or any of the fixtures or apparatus belonging to or con- nected with the same, or of throwing into any such well, or into or upon the pump, curb, platform, apparatus or in- closure of the same, any filth, dirt, gravel or other matter, shall, upon conviction thereof, be fined not less than five dollars, nor more than one hundred dollars for every offense, together with costs of prosecution. AN ORDINANCE RELATIVE TO MAD DOGS. [Passed August 16, 1852.J Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor: Section 1. That whenever the mayor or recorder and any alderman shall deem it necessary to protect the inhabi- tants of the city from mad dogs, they may direct the mar- shal to kill every dog which shall be found running at large within the city without being securely muzzled, so as effectually to prevent such dog from biting any person. Sec. 2. Be it further Ordained, That the marshal, whenever so directed by the officers mentioned in section one of this ordinance, shall kill any vicious or ferocious dog found running at large in the city. 150 INDEX TO CHATRER. PAGE. SEOTION. Beggars, may be punished 18 2 Billiard tables, may be licensed and regulated-- 20 2 Bills of mortality 19 2 Board of health, appointment of 43 1 term of office, removal, etc.-- 43 2 general powers of 44 3 clerk of 47 10 compensation of members 47 11 infectious diseases to be report- ed to 45 4-6 record of proceedings to be evidence 47 10 Bonds, of marshal 14 11 of recorder 14 11 of street commissioner 14 11 of treasurer 14 11 to be prescribed by common council 20 2 Bond, note, or other obligation, not to be issued, 29 14 Bonfires, making of restrained 17 2 Boundaries, of city 5 1 of wards 6 2 of streets and alleys 21 3 Bridges, incumbering, or fast driving on 17 2 common council, care of 31 1 Buildings, line of 18 2 numbering of 20 2 when may be pulled down and destroyed 42 15 damages for destruction of 42-43 15-16 when unsafe 46 9 wooden, in fire limits, may be pro- hibited 18 2 Burial grounds 19 2 By-laws and ordinances, made by whom 23 10 C. Carcasses, unwholesome or offensive substances, 18 2 Cartmen and carts, regulation of 19 2 Carriages and hacks, licensing 20 2 Census, common council may provide for 21 2 Cemeteries, regulations concerning 22 7 INDEX TO CHARTER. 151 PAGE. SECTION. Charter, revised, took effect 55 9 repealed former charters 55 6 to be favorably construed by courts— 55 8 Chief engineer, appointment of 40 8 special duties of 42 15 Chief of police, marshal to be 12 4 Chimneys, size of, etc 38 1 flues, stove-pipes, cleaning of 39 4 "" " removing of 39 5 officers may enter premises and ex- amine 39 6 City Attorney, appointment of 10 7 duties of 13 5 salary of 53 1 to sue for fines 50 9 Circuses and other exhibitions 16 2 City hall, market, almshouse, etc 23 8 Cisterns, public 40 7 Corporate name and seal 6 1 Commissioners of highways 30 1 Common council, who constitute 15 1 mayor oi recorder may con- vene 15 1 may fine members for non- attendance 15 1 mayor to preside at meetings of 15 1 when mayorabsent,president pro tern, to be elected--- 15 1 general powers and duties of 15-23 1-10 powers as highway commis- sioners 33 2 the same duties as township boards 64 4 Constables, election of 7 2 oath of office and bond 54 4 Costs, double, allowed city 54 3 to be added to all fines 50 9 Courts of justice, fines, penalties, etc. 47-52 1-13 D. Damages, from defect in sidewalk, road, etc 37 8 for buildings destroyed at fires 42 15-16 152 INDEX TO CHARTER. PAGE. SECTIOIT. Detroit house of correction, sentences to 48 3 Debt against city, how may be contracted 30 14 Director of the poor 10 7 Disorderly persons — 52 14 Dogs and dog fights 18 2 Drunkards, may be restrained and punished— 18 % E. Election and appointment of officers 7-11 1-8 Election, charter, when held 7 2 inspectors of 8 3 clerks of 8 3 notice of, how given 8 4 may be held without notice. 8 4 opening and closing of polls- 9 4 special, held on notice 9 4 Electors, qualifications of 9 5 may be challenged 9 5 oath of challenged elector 9 5 Engineers and fire wardens 40-42 8-13 penalty for disobeying orders of, 42 14 Expenses of committing offenders 49 5 Execution, to be delivered to marshal 50 9 F. Fares, rates of 21 2 Fees and salaries of officers 63 1 Finance and taxation 24-30 1-14 Finances, annual statement of 23 9 Fines, costs to be added to 50 9 execution to be issued for 50 9 may be sued for by city attorney . 50 9 to be paid into city treasury 51 10 for violation of public health regulations, 45 7 maintenance of pest-house or hospital-- 45 7 Fire limits 38 1 Fires, prevention and extinguishment of 38-43 1-16 Fire-bells, ringing or tolling of 41 11 Fire-buckets, inhabitants to keep 38 3 Fire-crackers, regulation of sale 17 2 Fire department, etc 40 8 INDEX TO CHARTER. 153 PAGE. SECTION. Fire districts 40 8 Fire engines, engine-houses, etc 40 7 Firemen, compensation for injuries 41 12 exemptions of 40 8 number of in companies 40 8 rules and regulations for government . of 40 9 Or. Gaming and gaming houses 16 2 Goods, crying of 18 2 Grade of streets and sidewalks 21 2 Grading and paving streets, etc 31 1 Gunpowder, selling and using of 17 2 transportation and keeping of 39 5 H. Hay, regulation of sale 19 2 Health, public, general powers of common council 21 3 board of 43-47 1-11 Highways, powers of common council 21 3 Highways, common council control of 31 1 Horse-racing, to be prevented and punished— 17 2 Hotels, saloons, victualing houses, etc 20 2 House of correction, sentences to 48 3 Houses for gaming 16 2 of ill-fame 16 2 Huron river, salubrity of waters «20 2 I. Idle persons at fires 42 13 Immoderate driving 17 2 Infectious diseases, drivers and conductors to re- report 45 4 hotel-keepers to report 45 6 physicians to report 45 6 Infectious property not to be brought into city- 45 5 Inspectors of elections, aldermen to be 8 3 vacancies filled by electors 8 3 154 INDEX TO CHARTER. PAOE. SECTION. Interest, to be collected on fines 50 9 Interest of city in suits, Inhabitants not incom- petent as jurors, witnesses, etc 49 7 Intoxicating drinks, sales may be prohibited-— 16 2 J. Jail of county, city may use 48 3 Judgments against city 37 8 Juror, inhabitant competent in suits when city is a party 49 7 Jurors, pay of in laying out streets 33 I Jury in justice's courts 50 8 Justices of the peace, election of 7 2 term of office 7 1 jurisdiction under statutes.-- 14 10 jurisdiction extended by charter 14 10 jurisdiction further defined-- 47 1 powers of 48 2 to report and pay over fines.- 51 10 suspension and removal of... 51 11 L. License of, auctioneers, peddlers, and pawn- brokers 20 2 ball-alleys and billiard tables 20 2 cabs, carriages and hacks 20 2 carts, drays and other vehicles 20 2 hotels and taverns 20 2 saloons and victualing houses 20 2 Lighting of streets and alleys 20 2 Lights in livery stables and other buildings 39 5 Liquors, impure, spurious or adulterated 19 2 Low grounds, drainage of 20 2 M. Manufactures, dangerous 39 5 Markets, regulation of 19 2 Marshal, appointment of 10 7 bond of 14 11 chief of police 12 4 15fi INDEX TO CHARTER. PAGE. SUCTION. Office, recorder to notify county clerk of certain vacancies :— 11 8 Officers, city and ward 7 1 to be elected 7 2 to be appointed 10 7 to be notified of tlieir election 10 6 bonds to be prescribed by common coun- cil— 20 2 compensation of appointed 20 2 compensation of, subject to charter re- strictions- 23 10 duties of appointed 20 2 oath of office to be taken by 10 6 salary and fees of 53 1 special duties may be prescribed by or- dinance 15 12 Offices, continued under acts repealed 55 6 Omnibuses and their drivers 19 2 Ordinances, common council may enact, amend or repeal 15 2 may be read in evidence from 22 6 penal, must be published 21 5 record or entry of publication evi- dence 22 6 P. Parks and public grounds 31 1 Passengers, soliciting of 20 2 Pawnbrokerage 20 2 Peddling 20 2 Penalties, may be prescribed 21 4 Perjury, who guilty of 54 2 Percentage for collecting taxes 29 11 Pest-house, maintenance of 44 3 Police, maintained and regulated , 10 2 Polls, when opened and closed 9 4 Poll-tax, how levied and collected-- — 35 6 may be paid by labor 36 6 Pounds 18 2 Privies, sinks, cellars, etc 46 8 Public health 43-47 1-11 INDEX TO CHARTER. 157 Q- PAGE. SECTION. Quorum, majority of common council to con- stitute 15 1 mayor or recorder to be one 15 1 R. Railroads, powers of common council over 17 2 Real estate, control of city's 15 2 taxation of 24 2 Reservoirs, wells, pumps, etc., public 19 2 for fire purposes 40 7 Re-registration act 58-60 1-4 Recorder, election of 7 2 bond of 14 11 member of common council 15 1 powers and duties of 12 2 salary of . 53 1 to be city clerk 12 2 to discharge like duties of township clerk 33 2 to give notice of elections 8 4 to give notice of certain vacancies— 11 8 to notify officers elect 10 6 Riots, to prevent and quell 10 2 River Huron, cleansing of 18 2 salubrity of and other waters 20 2 Runners, stage drivers, etc 20 2 Rural districts, exempt from certain taxes 27 7 Rules for firemen, common council to prescribe 40 9 S. Salaries of officers 53 1 Sabbath, violation of 16 2 Scavengers, regulation of 19 2 School district number one, organization pre- served 55 7 Schools, taxes for 54 4 Scuttles on roofs 38 2 Sextons and undertakers 19 2 Shade trees, planting and protection of 31 1 Sheriff, to receive and keep prisoners 48 3 158 INDEX TO CHARTER. PAGE. SECTION. Sidewalks, common council may establish grade of 21 2 construction, repair, and renewal of 86 7 incumbering to be prevented 17 2 taxes for, how collected 36 7 to be kept clean 18 2 Slaughter-houses, common council may con- struct and regulate 23 8 location of 17 2 regulation of private 16 2 Snow and ice, removal from sidewalks 18 2 Stands, for carriages 21 2 for hay, produce, and wood 21 2 Stairs, ladders, and scuttles 38 1 Street commissioners, appointment of 10 7 aldermen not to be 10 7 bonds of 14 11 have the powers of over- seers of highways 14 9 to superintend grading, paving, etc 14 9 Streets, establishing and opening of 31 1 grade of. 21 2 grading, paving and working of 31 1 lighting of 31 ) taxation for 24 2 vacation, alteration, and discontinu- ance of 31 1 Supervisors, election of 7 2 compensation of 53 1 duties and powers 14 7 members of board of supervisors.- 14 7 to discriminate in making assess- ments 27 7 to attach warrant to rolls 28 9 T. Tax, for general purposes 24 2 for general street and highway 24 2 for local improvements, grading, paving, etc 34 5 INDEX TO CHARTER. 159 PAGE. SECTION. Tax, for ward purposes, highways 24 2 greater than usual, how raised 24 3 poll, assessment and collection of 35 6 specific, how apportioned 25 5 how collected 26 5 to whom accounted for by collector 26 5 Taxes, common council may assess, levy, etc-- 24 2 levy and collection of 25 4 for specific purposes 25 5 for sidewalks, how collected 36 7 ordinance to provide for 26 6 treasurer to collect 29 12 treasurer to give notice of rolls 28 10 unpaid, statement of 29 12 when may be paid . 28 10 on owners of dogs 18 2 Tax-rolls, delivered to treasurer 28 8 public notice of 28 10 special, how made 25 5 Title to streets, lanes, alleys, etc 34 4 Treasurer, appointment of 10 7 bond of- 14 11 duties and powers of 13 6 fees for collecting taxes on regular roll 29 11 fees for collecting special taxes 26 5 salary of 53 1 U. Undertakers and sextons 19 2 V. Vacancies, when occur 10 8 notice of 11 8 Vagrants, may be punished 18 2 who are 52 12 Vegetables, sale of unwholesome may be pro- hibited 19 2 Vote, each member of common council to have one 15 1 Votes, inspectors to canvass 8 3 INDEX TO ORDINANCES. -4 • A. PAGE. SECTION. Aid, of inhabitants at fires 86 10 Aldermen, duties as fire wardens 85 6 may be applied to for license 121 2 Animals, not to run at large 134 3 not to be tied to shade trees 146 3 pound-keepers to receive 133 2 Application for sidewalks 82 8 Assessment roll, for paving bonds 62 4 notice of by recorder 65 8 consideration of by common council 65 8 delivery to treasurer 66 8 notice of by treasurer 66 9 Auction, prohibited in streets,public grounds,etc. 99 7 Auctioneers, must be licensed 125 1 must be of good character 125 2 prescribed fees for license 125 3 use of bell or crier prohibited 125 4 violation of ordinance, penalties-- 125 5 Awnings, supports of 77 4 B. Barns, privies, hog-pens, location prescribed— 91 9 Bathing and exposure of person 104 1 Beating of horses by draymen 127 7 Billiards, gaming with, punishment of 104 1 Blacksmith shops, forbidden on certain blocks-- 91 2 Board of health, ordinance establishing 111-112 1-3 penalty for violating regula- tions of- 112 2 102 I.VPEX TO ORDINANCES. PAOE. SECTTON. Board of health, proceedings of to conform to State laws 112 3 physicians to report to quar- terly 116 1 reports to of infectious diseases 117 1-2 Boisterous noises, at depots 100 1 Bonds, of draymen 12(5 2 of hackney carriage owners 129 3 of hackney carriage drivers 130 5 Boot-blacks and news-boys,ordinance regulating 123-124 1-6 Boxes, barrels, etc., not to obstruct sidewalks-- 77 2 penalty for not removing 100 2 Breaches of the peace, ordinance relative to 97-100 1-9 Breaking of pound 135 7 Brick buildings, where required 90 9 Bridges, protection of --- 70-71 1-5 fast driving on 70 2 hand-bills not to be posted on 71 5 officials to arrest fast drivers on 70 3 Buildings, numbering of 143-144 1-1 removal of, at fires 87 12 suspension of signs from 77 3 wooden, prohibited on certain blocks 90 9 Business, hours for opening and closing places of 107 1 places not to be kept open on the Sab- bath 105 1 what may be done on the Sabbath-.- 107 1 C. » Cannon, firing of prohibited 89 8 Cards, dice, billiards, etc., gaming with 104 1 Carrion, putrid meat, etc 114 4 Cattle, not to run at large 134 3 fees for driving to pound 134 3 marshalanddeputicstoenforceordinance 135 5 Cemeteries, ordinance for protection of, etc 137-140 1-4 penalties for damages to buildings, fences, etc 137 1 sextons to be appointed 138 2 regulations for Forest Hill 138-139 3-4 relative to Fifth ward 140-142 1-7 INDEX TO ORDINANCES. 163 PAGE. SECTION. Charivari, punishment of 97 2 Chief engineer and assistants, appointment of 83 1 Chief engineer, powers and duties of 84 2-3 duties of when absent 84 2 member of board of inspectors of steam engines 92 1 to seize gunpowder 89 6 Chief of police, marshal to be 94 1 to appoint policemen---- 94-95 2-5 to enforce statutes and ordi- nances 95 7 to promulgate orders 96 8 Chimneys, construction of 88 5 lire wardens may enter premises and examine 87 2 fire wardens may cause to be burned out 87 3 no person to burn out without per- niisaion 87 4 Collection of paving tax 66 9 Constables, duties of, at fires 86 11 duties pertaining to board of health 112 3 Contract for paving, how made 64 6 to be approved by common council 64 7 Cost of grading and paving, computation of 64 7 apportionment of 65 7 Costs of prosecution 100 3 D. Disorderly house, penalty for keeping 98 3 persons, punishment of 96 2 Dogs, when marshal to kill 145 1-2 Drays, ordinance relative to 126-128 1-14 not to stand on sidewalks 128 11 numbers on 127 4 what deemed 126 1 wheels and tire of 127 8 Draymen, licensing of 126 1-2 fees for license 126 3 charges for services 127 5 INDEX TO ORDINANCES. 165 Q. PAGE, 3 101 1 Gaming, ordinance to prohibit 104-105 1-4 with cards, dice, billiards, etc 104 1 penalties for 104 1 keeping building or instruments 104 2 instruments to be destroyed 104 3 penalty for neglect to destroy instru- ments 105 3 when warrant to be issued 10-5 4 Gambling-houses, keepers of 104 2 Gas-works, ordinance relative to 140 I Geese, ducks, etc., not to run at large 134 Gongs, use of unlawful Gunpowder, keeping of in buildings 8!) (i may be seized and sold 89 (i use of in city' 8!) 7 H. Hack or omnibus drivers, at Michigan Central depot at Toledo and Ann definition of license required recorder to issue license for drivers of to be licensed--- dutiesof drivers and owners charges for use of card of rates, etc owners not to refuse to con- vey person first entering or en- gaging to control physicians to report infectious diseases 12 - 101-102 1-4 102-103 1-4 129-132 1-15 129 1 129 2 129 3 130 4-5 130-131 6-11 131 12 132 13 130 8 130 8 122-123 1-5 111-112 1-3 112-116 1-17 116-117 1 117 1 lfifi INDEX TO ORDINANCES. PAIJK. SECTION. Health, householder" " "- 117 2 slaughter-houses, location of 118-119 1-2 Hog-pens, barns, privies,etc.,location restricted 91 9 Hogs, confinement of 115 12 not to run at large 134 3 Horse, cart, wagon, etc., not to obstruct street.- 72 1 Horses and cattle, not to be driven on or along sidewalks 136 1 not to be fed ou certain streets, 137 2 not to run at large 134 3. Horses, not to be driven across sidewalks 78 (i not to stand on crosswalks 78 6 rate of driving 73 1 to be tied 99 8 House, disorderly 98 3 suspected to be for gaming 10-3 4 I. Idle and disorderly persons, conviction and punishment of96 1 marshal to arrest, 97 3 Injury to wells, to prevent 145 2 Intoxicated persons, marshal to arrest 97 3 Instruments for gaming, to be destroyed 104 3 Inspection of steam engines 92-93 1-5 J. Justices of the peace, jurisdiction under health ordinances 112 3 K, Kites, flying of prohibited 98 4 L. Lewd and lascivious conduct 109 License, exhibitions, etc., unlawful without 121 1 application for 121 2 of hawkers and peddlers 122-123 1-4 of boot-blacks and newsboys 123-124 1-6 of auctioneers — 125-126 1-5 INDEX TO ORDINANCES. 167 PAGE. SECTI ON. License, of drays and draymen 126-128 1-14 of hackney carriages and omnibuses-- 129-132 1-15 for digging wells 145 1 Licenses, recorder to issue and register 120 1 license committee to issue 125 2 how long in force 120 2 Lighted lamps for night driving 130 6 Liquors, not to be sold on the Sabbath 106 1 sale of to students and minors unlaw- ful 106 1 Local assessment districts 62 3 Lying-in-wait or loitering about 97 1 M. Mad-dogs, marshal to kill 145 1-2 Market, public, ordinance regulating 109-110 1-10 auction within limits prohibited, 109 7 slaughtering""" 109 6 Marshal, to be chief of police 94 1 to appoint policemen 94-95 2-5 to arrest intoxicated persons 97 1 to arrest persons for breach of any ord- inance in the night time 99 9 to cause buildings to be numbered 143-145 1-4 to cause obstructions to be removed from sidewalks 78 5-7 to destroy instrument? for gaming 104 3 to enforce ordinance relative to breaches of the peace 99 7 to enforce provisions of pound ordi- nance 135 5 to exercise certain powers of sheriff and constable 112 3 fees for driving cattle to pounds 134 3 duties at fires 86 11 to serve notice to construct sidewalk-. 80 2 Mayor, duty to appoint a committee on markets, 109 3 may issue licenses 120 1 may revoke permits of boot-blacks or newsboys 124 5 170 IKDEX TO OROINANCES. PAOE. SECTION. Ordinance, for the establishment and regula- tion of a board of health 111 1-3 to abate and remove nuisances and preserve health 112 1-17 to preserve statistics in regard to the public health 116 1-3 relative to public health 117 1-3 relative to slaughter-houses 118 1-2 for the issue of licenses 121) 1-2 relative to shows, tlwatrical and other exhibitions 121 1-3 relative to hawkers and peddlers-- 122 1-5 regulating boot-blacks and news- boys 123 1-6 relative to auctioneers 125 1-5 relative to drays 126 1-14 relative to hackney carriages and omnibuses 129 1-15 relative to pounds and to prevent cattle from running at large.-- 133 1-7 to amend an ordinance relative to pounds and impounding cattle, 136 2-3 relative to horses, mules, and cattle, 136 1-3 for the protection and management of cemeteries, etc 137 1-4 relative to the Fifth ward cemetery, 140 1-7 declaring the recorder to be city clerk 142 1 for the appointment of fence view- ers 142 1 relative to paying over moneys re- ceived for fines * 143 1 to provide for numbering build- ings 143 1-4 to prevent injury to wells 144 1-2 relative to mad-dogs 145 1-2 relative to stallions 146 1-2 relative to gas-works 146 1 P. Passage-way to cellars, leaving open 77 2 Paving of streets, ordinance regulating 61-69 1-13 injury to 68 12 INDEX TO ORDINANCES. 171 PAGE. SECTION. Peace, breach of, punishment 97-98 1-3 Penalty, costs added to fine 100 3 Physicians, to report small-pox, etc 117 1 fine for failure to report I IS 3 Police, ordinance establishing and regulating-- 94-95 1-9 marshal to be chief of-, 94 1 all citizens to aid 94 4 penalties for misconduct of 96 9 Pounds, location of 133 1 penalty for breaking of 135 7 Pound-keeper, appointment of 133 1 duties of 133 2 fees of 134 3 may sell impounded cattle 134 4 penalty for neglect of duty 135 6 Privies, construction of 115 14 when to be cleaned 115 15 vehicles used in cleaning, etc. 115 16 Prostitution, reveling, etc 98 3 Proposals, for grading or paving 03 5 to whom delivered 64 6 Projections into the streets, width of 76 2 R. Railroad cars, noise on arrival of 100 1 not to obstruct streets 75-76 1-3 conductors, engineers, etc., arrest of 75 3 engine bells to be rung at cross- ings 75 2 getting on and off of 108 1 Real estate, application of owners for paving--- 61 3 assessments for paving 62 3-4 sale of for paving tax 67 9 sale of for sidewalk taxes 82 7 Recorder, to be city clerk 142 1 to issue licenses 120 1 to make notice of paving assessment roll 65 8 -112 INDEX TO OKDINANCES. PAOE. bkotIok. Recorder, to notify supervisor of sidewalk taxes 81 5 Kegel.ts of University, may lay water pipes in Htreets — 74 1 Reveling, prostitution, etc 'is 3 Riot, charivari, etc. 97 2 Riotous and boisterous conduct 97-98 1-3 S. Sabbath, violation of 105-100 1-3 what business may be done on.. Km; 1 Hale of impounded animals 1:S4 -I material obstructing sidewalks 78 7 material obstructing streets 72 2 nostrums, etc., on the streets 99 7 Saloons, to be closed on the Sabbath 105 1 what hours to open and close other days 107 1 Shade trees, distances to be set apart 73 1 injuries to 73 2 not to be used as hitching posts 73 3 Shells of oysters, etc., in street 113 1 Show-hoards, show bills, etc., over sidewalks--- 77 3 Sidewalks, width of prescribed 7(i 1 construction, repairing, and renew- ing of 80-81 2-3-1 expense of constructing, a special assessment 80 2 material, etc., to be prescribed by the common council — 79 1 supervisors to levy taxes for 81 0 when to be paid for from general fund 81 4 incumbrances of 77-78 1-7 Sidewalk committee, chairman of 80 2 Sign-boards, over sidewalks 77 3 Slaughter-houses, location and regulation of— 118 1 Smoke stacks, screens or spark-catchers required 03 1 Snow and ice, to be cleaned from sidewalks 82 1 Stallions 146 1-2 UNIVERSITY OF MICHIGAN 3 9015 06538 4391