CHARTER
AND
REVISED ORDINANCES
OF THE
CITY OF ANN ARBOR.
1876.





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CHARTER
AND
REVISED ORDINANCES
OF THE
City of Ann Arbor
REVISED AND COMPILED
By A. McREYNOLDS,
CITT ATTORNET.
PUBLISHED BY AUTHORITY OF THE COMMON COUNCIL,
FEBETJAET, 1876.

ANN ARBOR:
COURIER STEAM PRINTING HOUSE.
1876.


EX-MAYORS.
GEORGE SEDGWICK.
E. R. TREMAIN.
JAMES KINGSLEY.
WILLIAM S. MAYNARD.
PHILIP BACH.
R. J. BARRY.
JOHN F. MILLER.
CHARLES SPOOR.
E. WELLS.
O. M. MARTIN.
CHRISTIAN EBERBACH.
A. H. PARTRIDGE.
W. D. HARRIMAN.
S. H. DOUGLAS.
H. J. BEAKES.


CITY OFFICERS.
MAYOR.
EDWARD D. KINNE.
RECORDER.
WILLIAM A. LOVEJOY.
ALDERMEN.
First Ward.
FRANKLIN CATE, JOHN FERDON.
Second Ward.
CHRISTIAN SCHMID, ANSON D. RESIMER.
Third Ward.
WARREN E. WALKER, CHARLES GARDNER,
'Fourth Ward.
MOSES ROGERS, ALEX. McDONALD.
Fifth Ward.
MOSES SEABOLT, ALONZO M. DOTY.
Sixth Ward.
ZINA P. KING, W. D. SMITH.
TREASURER.
MOSES ROGERS.
CITY ATTORNEY.
A. McREYNOLDS.
MARSHAL.
A. H. HERRON.
SUPERVISORS. .
First and Second Wards—CONRAD KRAPF.
Third and Fourth Wards—ANTON EISELE.
Fifth and Sixth Wards—BENJAMIN BROWN.
JUSTICES.
EDWARD CLARK, JAMES McMAHON,
CHARLES H. MANLY, RICHARD BEAHAN.
CONSTABLES.
CHARLES BOYLAN, THOMAS CLARKEN,
DANIEL R. KELLEY, GOTTLIEB SCHAIBLE,
WILLIAM A. SHAW, ELI MANLY.


TITLES.
Page.
TITLE I. Of Streets and Sidewalks, ...... 55
TITLE II. Of the Fire Department, 82
TITLE III. Of Pounds 93
TITLE IV. Of the Public Health 97
TITLE V. Of Cemeteries 104
TITLE VI. Of Gas Works, 109
TITLE VII. Of the Police and Public Peace and Good Order, . . 112
TITLE VIII. Of Licenses, ........ 129
TITLE IX. Of Miscellaneous Ordinances, . . . . .140
NOTE.—On the 4th day of October, 1875, the Common Council of the city
of Ann Arbor passed the following resolution:
"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 the amendments thereto, in a bound volume, and
one hundred copies published."
Acting in obedience to said resolution, the following revision and com-
pilation have been made, with such care as the undersigned has been able to
bestow,upon It.
It Is not claimed that this revision and compilation are perfect]or beyond
criticism, but an effort has been made to have it as free from mistakes as pos-
sible, and to include all the ordinances and amendments thereto now in force.
I have]heen much assisted in 'this ;work by J. Q. A. Sessions, Esq., and if any
credit is due for the manner in which the work has been performed, he is en-
titled to a full share of it.
A. McREYNOLDS.
Ann Arbor, February, 1870.


CHARTER
OF THE
CITY OF ANN ARBOR.
[Act 402, Session Laws, 1867.]
AN ACT to revise and amend an act to Incorporate the city of Ann Arbor,
approved April fourth, eighteen hundred and flfly-one, and an act
amendatory thereto, approved February twelfth, eighteen hundred and
fifty-nine; and also an act amendatory thereto, approved February
twenty-fifth, eighteen hundred and sixty-one.
TITLE I.
INCORPOBATION, CITY AND WARD BOUNDARIES.
Section 1. The People of the State of Michigan enact,
That so much of the township of Ann Arbor, in the county of
Washtenaw, as is included in the following limits, (including the
present city of Ann Arbor), to wit: The south three-fourths of
section number twenty, the south three-fourths of the west three-
fourths of section number twenty-one, the west three-fourths, of
section number twenty-eight, entire section number twenty-nine,
the north half of section number thirty-two, and the west three-
fourths of the north half of section number thirty-three, in town-
ship two south, of range six east; and also so much of the east
half of the south-east quarter of section number twenty-one, and
the east half of the north-east.quarter of section number twenty-
eight, as lies west of the easterly bank of the Huron river, and
north of the south line of the territorial road, crossing said river
on or near the line between said sections, be and the same is
hereby set off from said township, and declared to be a city, by
the name of the city of Ann Arbor; and the freemen of said city,
2


6
CHARTER OF THE
from time to time being inhabitants thereof, shall be and contin-
ue to be a body corporate and politic, by the name of the " May-
or, 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 prosecuting and defending all suits;
they may have a common seal, which they may alter at pleasure,
and shall be capable of purchasing, holding, conveying and dis-
posing of real and personal estate for the use of said corporation.
Sec. 2.- The said city shall be divided into six wards, as fol-
lows: The first ward shall embrace all that portion of the city
lying south of Huron street, east of Main street, and the Ann Ar-
bor and Lodi plank road, and west of State street and the Pitts-
field road, or State street as continued; the second ward shall
embrace all chat 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 embrace 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 waid shall
embrace 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 north-
east of Huron river; the sixth ward shall embrace all that por-
tion of the city lying south of Huron street and the line of Hu-
ron street, as extended east of the city limits, and east of State
street and the Pittsfield road, or State street as extended: Pro-
vided, 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 actual or supposed continuation of the centre line of
each of said streets, in the present direction thereof, to the limits
of said city.
TITLE II.
ELECTION AND APPOINTMENT OF OFFICERS.
Sec. 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


CITY OF ANN ARBOR.
7
third and fourth wards, and one for the fifth and sixth wards,
who shall be assesssors in their respective districts; three street
commissioners,—one in each supervisor district; and six consta-
bles, one in each ward;—all of which officers shall hold their
offices for one year, and until their successors are elected or ap-
pointed and qualified; also, two aldermen in each ward, who
shall respectively 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 case of vacancies, on the
fourth day of July next after their election.*
Sec. 2. The inhabitants of said city, having the qualifica-
tions 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 designate, 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 su-
pervisor; 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 elec-
tion, be no alderman having another year to serve, there shall be
two aldermen elected, one for 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.f
Sec. 3. At all elections the two aldermen in each ward
shall be the inspectors of election, in case they shall attend, and
a clerk shall be appointed by the aldermen or inspectors of elec-
tion, at all elections in each ward. In case the office of the
aldermen shall be vacated in said ward, or in case the aldermen,
* As amended by Act No. 217, S. L. 1-873, PaBe
t As amended by Act No. 217, S. L. 1873, page 121.


8
CHARTER OF THE
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 clerk so chosen,
before proceeding to the discharge of their duties, shall make
and subscribe an oath or affirmation faithfully and impartially to
discharge the duties of their respective offices at such election,
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 inspectors 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
certify the result of such canvass.
Sec. 4. It shall be the duty of the recorder, or in case of
his neglect so to do, 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-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 opened 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 registration of
such ward previous to any election, the common council shall,
in time, appoint suitable freeholders, resident in such wards, and
electors, temporary aldermen of such wards, who shall take the


CITY OF ANN ARBOR.
9
oath of office, and have all the powers of aldermen in such wards,
and shall hold their offices until the close of the election and of
the canvass 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 electors under
the constitution and laws of the State of Michigan, and no oth-
ers, 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 affirma-
tions provided by the laws of this State for electors at general ,
and special elections, for the time being, which oath or affirma-
tion may be administered to him by either of the inspectors of
election. Upon taking such oath or affirmation, if duly regis-
tered in said ward, he shall forthwith be permitted to vote. In
all other respects not herein provided, said election shall be con-
ducted as near as may be in accordance with the general statute
provided for township elections.
Sec. 6. It shall be the duty of the recorder as soon as practic-
able, and within five days after any election, to notify the officers
respectively of their election, who shall, within ten days after re-
ceiving such notice, take an oath or affirmation to support the
constitution of the State of Michigan, and faithfully and impar-
tially 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 com-
mon council shall be a marshal, treasurer, attorney, a chief en-
gineer of the fire department, and two assistants, a street com-
missioner for each supervisor district, and such other officers,
whose election is not herein specially provided for, as the com-
mon council shall deem necessary, to carry into effect the powers
granted by this act, and to remove the same at pleasure: Pro
vided, That no person holding the office of alderman shall be ap


10
CHARTER OF THE
pointed 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 corporation 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 happening of
either of the following events before the expiration of the term
of such office: The death of the incumbent; his resignation ; his
removal from office ; his ceasing to bean inhabitant of the district
or ward for which he shall have been elected or appointed,or with-
in which the duties of his office are required to be discharged;
his conviction of any infamous crime, or of any offence involving
the violation of his oath of office; the decision of a competent
tribunal declaring void his election or appointment, or his refus-
al or neglect to take his oath of office, or to give or renew any
official bond, or to deposit such oath or bond in the manner and
within the time prescribed by law: Provided, That in case any
vacancy shall occur in the office of any collector or justice of the
peace in said city by the operation of this act, the recorder shall
immediately transmit to the county clerk of said county a notice
in writing, officially signed by him, informing the county clerk
that the office of such collector or justice of the peace is vacant.
TITLE III.
OF THE POWERS AND DUTIES OF OFFICERS.
Section 1. The mayor shall be the chief executive officer
of the city, and shall also be president of the common council,
and shall countersign all orders drawn upon the city treasurer,
and see that all the officers of said city faithfully comply with and
discharge their official duties; that all laws pertaining to the
municipal government of said city, and all ordinances and resolu-
tions of the common council are faithfully observed. He shall
* As amended by Act No. 223, S. L., 1871, page 490.


CITY OF ANN ARBOR.
II
have the same power as conservator of the peace within the lim-
its of the city as any justice of the peace has, or may by law have,
and to this end it shall be lawful for him when any person shall
in his presence be guilty of a breach of the peace, or a violation
of any of the ordinances of the common council punishable by
fine or imprisonment, to direct the marshal, or other officer,
forthwith to apprehend such offender or offenders, and take him
or them before a justice of the peace for said city, who shall,
without unreasonable delay, proceed to the examination and trial
of the party arrested. He shall also have power, and it shall be
his 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 pe-
riod 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 town-
ship or city clerk, in respect to the filing and custody of all pa-
pers required to be filed, and the performance of all other statu-
tory duties. He shall keep a record of the proceeedings 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 ac-
counts 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 common coun-
cil; to act upon committees when thereto appointed by the
mayor or common council; to order the arrest of all persons vio-
lating 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 required 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 au-
thority of justices of the peace, as such conservators, in criminal


CHARTER OF THE
cases, and enforcing the laws of this State relating to the police
thereof, but shall have no jurisdiction 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 common
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 regulations. He shall obey all
the lawful orders of the mayor, and may command the aid and
assistance of all constables, and all other persons, in the discharge
of the duties imposed upon him by law. He may appoint such
number of deputies as the common council shall direct and ap-
prove, who shall have the same powers and perform the same
duties as the marshal, and for whose official acts he shall be in
all respects responsible; and the marshal and his deputies shall
have the same power to serve and execute all process on behalf of
the corporation of said city, or of the people of the State, as
sheriffs or constables have by law to execute similar process.
Sec. 5. The cityattorney,under thedirection of the common
council, shall have charge of and conduct of all the law business of
the corporation, and in which it shall be interested, except oth-
erwise ordered by the common council in special cases, and
shall also advise the common council boards of the city and their
officers and committees, upon all matters appertaining to the
business of said city, and the enaction of its laws and ordinances,
when submitted to him for his opinion.
Sec. 6. The city treasurer shall have the custody of the
money and valuable papers and obligations belonging to the cor-
poration, and shall keep a just and true account of all moneys
received and disbursed by him, and no money shall be paid out
except upon the order of the common council, and upon war-
rants drawn by the mayor and recorder, and for school purposes,
upon proper authority. The treasurer shall also have such pow-
ers and perform such duties, in relation to the collection of taxes,
as are prescribed for township treasurers by statute, and shall
also perform such other duties in respect to the collection of city
taxes as shall be provided by the common council. He shall
once in each year, and oftener if required, settle with the com-


CITY OF ANN ARBOR.
*3
mon council, and shall pay over all moneys in his hands upon
the order of the common council, and shall deliver all obliga-
tions and valuable papers in his possession to his successor in of-
fice, when required.*
Sec. 7. The supervisors in said city shall have the same
powers, and exercise the same duties, in relation to the assess-
ment 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 provi-
ded by law, not inconsistent with the provisions of this charter.
Sec. 8.f
Sec. 9. The street commissioners shall, when required, un-
der the direction of the common council, superintend the mak-
ing, 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 enumer-
ated by this charter, the powers exercised by overseers of high-
ways in townships by statute, so far as consistent with this char-
ter.
Sec. 10. Justices of the peace shall have such jurisdiction
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, collector
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 corres-
ponding township officers; and the several officers above named
shall perform all other duties and exercise such powers as may be
* As amended by Act No. 217, S. L. 1873, page 122.
t Repealed by Act No. 217, S. L., 1873.


14
CHARTER OF THE
defined by this charter, and the ordinances of the common coun-
cil passed in conformity to it.*
Sec. i 2 All other officers shall have such powers and per-
form 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 r. The mayor, recorder and aldermen, when as-
sembled 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 transaction of business, (but a less
number may adjourn from time to time;) and the common coun-
cil may be summoned to hold their meetings at such time as the
mayor, or in case of his absence or inability to act, the recorder
may appoint, and at such place as shall have been designated as
council room by the common council. The common coun_
cil 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 council 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 auch orders and by-laws relating to the same as
they shall deem proper and necessary; and further, they shall
have power, within said city, to enact, make, continue, modify,
establish, amend and repeal such ordinances, by-laws and regula-
+ As amended by Act No. 223, S. L., 1871, page 490.


CITY OF ANN ARBOR.
tions as they deem desirable, within said city, for the following
purposes:
First. To prevent vice and immorality, to preserve public
peace and good order, to organize, maintain and regulate a po-
lice of the city, to prevent and quell riots, disturbances and dis-
orderly assemblages, to prevent the violation of the Sabbath and
the disturbance of any religious congregation, or any other pub-
lic meeting assembled for any lawful purpose;
Second. To restrain and prevent disorderly and gaming
houses and houses of ill-fame, and seize all instruments and devi-
ces used for gaming, and to prohibit all mock auctions, 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 dispo
sition of liquors and intoxicating drinks, in violation of the laws
of this State, and to forbid the selling or giving 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 auc-
tion, 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, ex-
hibitions of natural or artificial curiosities, caravans of animals,
theatrical exhibitions, circuses or other public performances and
exhibitions for money, except exhibitions of agriculture or edu-
cational societies or associations;
Fifth. To abate or remove nuisances of every kind, and to
compel the owner or occupant of any grocery, tallow-chandler
shop, butcher's stall, slaughter-house, glue, starch or soap facto-
ry, establishment for rendering tallow, lard or oil, and all estab-
lishments where any nauseous, offensive or unwholesome business
may be carried on, blacksmiths', coopers', cabinet makers', car-
penters' and joiners' shops and all buildings, business and estab-
lishments 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, com-


CITY OF ANN ARBOR.
17
of dogs, and to impose taxes on the owners of dogs, and to pre-
vent dog-fights in the streets;
Fifteenth. To prohibit any person from bringing or depos-
iting within the limits of said city any dead carcasses or other
unwholesome or offensive substances, and to require the removal
or destruction thereof. If any person shall have on his premises
such substances, or any putrid meats, fish, hides or skins, of any
kind, and on his default, to authorize the removal or destruction
thereof, as a public nuisance, by some officer of the city;
Sixteenth. To compel all persons to keep sidewalks in front
of premises owned or occupied by them, clear from snow, ice,
dirt, wood or obstructions;
Seventeenth. To regulate the ringing of bells and the cry-
ing of goods and other commodities for sale at auction or oth-
erwise, and to prevent disturbing noises in the streets;
Eighteenth. To appoint and prescribe the powers and du-
ties of watchmen, and the fines and penalties for their delinquen-
cies;
Nineteenth. To prohibit, restrain or regulate within such
parts of the city as they may deem expedient, and prescribe the
building, rebuilding, enlarging, repairing or placing of wooden
buildings therein, to regulate and establish 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 dollars;
Twentieth. To provide for obtaining, holding, regulating
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 return of bills of mor-
tality;
Twenty-first. To establish, order and regulate the markets;
to regulate the vending of wood, hay, meat, vegetables, fruits,
fish, and provisions of all kinds, and prescribe the time and place
of selling the same, and the fees to be paid by butchers for li-
cense; to prohibit the sale of unwholesome meat, poultry, fish,
vegetables, or other articles of food or provisions; impure, spu-


18
CHARTER OF THE
rious 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 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 prevent the waste
of water; to authorize and empower, under 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 inhabitants 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 compensation; and to make
regulations for preventing auctions, peddling, pawn-brokerage,
or using for hire carts, drays, cabs, hacks, or any kind of car-
riage or vehicle, or opening or keeping any tavern, hotel, victual-
ing-house, saloon, or other house or place for furnishing meals,
food or drink, or billiard-tables or ball-alleys, without first ob-
taining from the common council license therefor; for licensing
and regulating carts, drays, cabs, hacks, and all carriages or vehi-
cles kept or used for hire; auctioneers, peddlers, pawn-brokers,
auctions, peddling, pawn-brokerage, taverns, hotels, 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 oth-
ers, 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;


CITY OF ANN ARBOR.
'9
Twenty-sixth. To provide for and regulate the numbering
of the buildings upon the streets or alleys, and to compel the
owners or occupants of buildings to affix numbers on the same;
Twenty-seventh. To prescribe the duties of all officers ap-
pointed by the common council, and their compensation, and
the penalty or penalties for failing to perform such duties; 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 partially covered with
water, or to drain the same, as they may deem expedient;
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 inhabi-
tants of said city, whenever they may see fit, and to direct and
regulate the same;
Thirty-fit st. To establish a grade for streets and sidewalks,
and cause the sidewalks to be constructed in accordance with the
same;
Thirty-second. To prescribe the duties of sealer of weights
and measures, and the penalty for using false weights and meas-
ures, and all the laws of this State in relation 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 thereon, and exercise all
other powers conferred on them by this act in relation to high-
ways, 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.


20
CHARTER OF THE
Sec. 4. Where by the provisions of this act the common
council have authority to pass ordinances on any subject, they
may prescribe a penalty not exceeding one hundred dollars (un-
less a greater penalty be herein otherwise provided,) for a viola-
tion 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-laws or ordinance, direct
that the offender shall be punished by fine or imprisonment
(within the limits aforesaid) in the discretion of the justice who
shall try the offender.
Sec. 5. No ordinance of the common council imposing a
fine or imprisonment shall take effect until the same shall have
been published for two weeks successively in a newspaper pub-
lished in said city.
Sec 6. A record or entry made by the recordet of said
city, or a copy of such record or entry duly certified by him,
shall be 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 pro-
ceedings before any officer, body or board, in which it shall be
necessary to refer thereto, 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 purchase
and to hold suitable lot or lots of land, within or without the cor-
porate 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 pur-
chasers, 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


CITY OF ANN ARBOR.
21
have power and authority to make such by-laws or ordinances
and pre-cribe such rules and regulations as they may deem neces-
sary and expedient for the protection, management and govern-
ment of any cemetery or burial ground in said city, and to pre-
scribe 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 pun-
ished by a fine not exceeding twenty-five dollars, or be impris-
oned in the county jail or house of correction not exceeding
thirty days, or by both, in the discretion of the court or justice be-
fore whom the offender shall be tried.
Sec. 8. The common council shall have power, whenever
in their opinion the necessities of the city require, to construct a
city almshouse, city hall, city market or markets, and city slaugh-
ter-house, and appoint the keepers or clerks and necessary offi-
cers thereof, and may locate such city almshouse and city slaugh-
ter-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 pur-
pose for which each appropriation was made. Such statement
shall be signed by the mayor and recorder, and be filed 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 incurred under the by laws and ordinan-
ces of said city, and to make all such other by-laws, ordinances
and regulations for the purpose of carrying into effect the powers
3


22
CHARTER OF THE
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.
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 nave
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 prop-
erty 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 or highway purpo-
ses, except as hereinafter stated, unless authorized thereto by a
vote of the property tax payers of said city who are electors,
when convened for that purpose, pursuant to previous notice:
Providedfurther, That the common council shall have the power,
at the request of the aldermen of any ward, to cause to be levied
and collected by tax in such ward, as other taxes, a sum not ex-
ceeding one thousand dollars for that year for highway purposes,
to be expended ih said ward under the direction of the aldermen
thereof; and the common council shall provide by ordinance for
the assessment and collection of a license tax of not less than one
hundred dollars, or more than two hundred dollars, annually,
payable quarterly, upon each and every person within the limits
of said city, who is or shall be engaged in keeping a victualing
house, saloon,, or other place for furnishing meals, food or drink;


CITY OF ANN ARBOR.
»3
and a further tax of not less than twenty dollars, or more than
one hundred dollars annually, payable quarterly, upon each bil-
liard table kept for rent, or hire, or for public amusement within
the limits of said city.*
Sec. 3. Whenever the common councit shall deem it
necessary to raise a greater sum in any one year than six thous-
and dollars for general purposes, or two thousand dollars for
street or highway purposes, they shall give at least five days'
notice, in writing, to be posted up in at least five public places
in each ward in said city, which notice shall state the time and
place of such meeting, and shall specify the objects and purposes
for which the moneys proposed to be raised is to be expended,
and when such meeting shall be assembled in pursuance of such
notice, such electors, by a ballot vote, shall determine the
amounts oi money which shall be raised for such objects specified
in the notice: Provided, That such tax shall not in any one
year exceed one per cent of the valuation of the real and person-
al estate taxable within the limits of the city: And provided
also, That not more than two such meetings shall be held in any
one calendar year.")"
Sec. 4. The common council may appoint the aldermen to
assist the supervisor in taking the assessment of property in the
respective wards where the alderman resides, and all State, coun-
ty and school taxes in said city, and all city taxes which shall be
raised by general tax, shall be levied and collected as near as
may be, in the same manner as is provided by law for the assess-
ment and collection of taxes by township officers; and all pro-
ceedings for the return, sale and redemption of real estate for
non-payment of taxes, shall be in conformity with the proceed-
ings for the return, sale and redemption of real estate as required
by the laws af this State.
Sec. 5. Whenever the common council shall be authorized
by a vote of the property tax-payers of said city to raise a tax for
any specific purposes, and which cannot be included in the as-
» As amended by Act No. 217, S. L., 1873, page laj.
f As amended by Act No. Mi,S. L»., 1871, page 491.


24
CHARTER OF THE
sessment roll, and collected and returned for non-payment, as
provided in the preceding section of this act, it shall be lawful
for the common council to apportion such tax upon the property
taxable for such purpose, according to the valuation contained in
the then last assessment roll, and shall place .the tax in a column
opposite the valuation of the property, and when such roll is
completed, the recorder shall make and deliver a copy thereof to
the treasurer of said city, together with a warrant or warrants,
signed by the mayor and recorder, commanding such treasurer
to collect from the several persons named in said roll, the several
sums mentioned in the last column of such roll opposite their re-
spective names, within a time in said warrant specified, not less
than thirty days nor more than ninety days from the date there-
of, together with a collection fee of one per cent, which said
treasurer may add to each person's tax and collect therewith;
and such warrant shall authorize the treasurer, in case any person
named in said roll shall neglect or refuse to pay his tax, with the
collection fee above provided, to levy the same by distress and
sale of the goods and chattels of such person; and it shall be the
duty of such treasurer to collect such taxes within the time speci-
fied in such warrant, or within such further time as the common
council may by resolution direct, and to deliver such roll and
warrant to the recorder; and if any person shall neglect or refuse
• to pay the tax imposed upon him, the treasurer may levy the
■ same by distress and sale of the goods and chattels of such per-
son ,in the same manner as township treasurers; and if any of the
taxes mentioned in said roll shall remain unpaid, and the treas-
urer shall be unable to collect the same from the person taxed,
he shall make out and deliver to the city recorder, a full and per-
fect copy from said roll, of the description of the premises so
taxed and of the taxes thereon so unpaid, and shall add thereto
an affidavit, sworn to before an officer anthorized to administer
oaths for general purposes, that the sums mentioned in such
statement remain unpaid, and that he has not, upon diligent
search and inquiry, been able to discover any goods or chattels
belonging to the person taxed, whereupon he could levy the
same.*
* As amended by Act No, 217, S. L. 1873, page 123.


CITY OF ANN ARBOR.
Sec. 6. The common council may by ordinance provide
for the collection of all taxes necessary to be raised, 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 con-
ducting 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 appor-
tioning the taxes for city purposes, the supervisors shall so dis-
criminate as not to impose upon the rural portions 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 expenditures 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
wood land, pasture, meadow, or farming purposes, may be as-
sessed 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 preparing 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 equitable proportion of
the taxes for each purpose, and shall in such statement distin-
guish the amount of each class of such local expenses; and the
supervisors, in levying such local taxes, shall charge upon the
property within the district to be benefited by such local expen-
ditures, the amount of taxes therefor.*
Sec. 8. Each supervisor of said city shall, on or before the
* As amended by Act 217, S. L.., 1873, page 124.


26
CHARTER OF THE
first day of December, deliver to the city treasurer a copy of the
corrected assessment roll of his district with the taxes for the
year annexed to each valuation and carried out in the last column
thereof, the school, library and school-house taxes in one column,
the highway or street taxes in another, the city taxes in another,
the county taxes in another, and the State taxes in another col-
umn, and if other taxes are at any time required by law, they
shall be placed each in another column, and the warrant for the
collection shall specify particularly the several amounts and pur-
poses for which said taxes are to be paid into the city and county
treasuries respectively.*
Sec. 9. To such assessment roll or tax list, each supervi-
sor shall annex a warrant, under his hand, directed to the city
treasurer, commanding him to collect from the several persons
named in said roll, the several sums mentioned in the last column
of such roll opposite their respective names; and such warrant
shall authorize the treasurer, in case any person named in such
roll shall neglect or refuse to pay his tax, with the fees for col-
lection to be added by said treasurer, as hereinafter provided, to
levy the same by distress and sale of the goods and chattels of
such person.f
Sec. 10. The city treasurer shall immediately after the re-
ceipt of the several tax rolls, post up in the postoffice in said city,
and in as many as ten of the most public places in each ward of
said city, conspicuous handbills, giving notice where the tax rolls
can be seen, the taxes paid, and a receipt obtained therefor, at
any time between nine o'clock in the forenoon and twelve
o'clock, noon, and from one o'clock until four o'clock in the af-
ternoon, during the month of December (Sundays and Christ-
mas excepted); and the tax rolls shall be kept at the place men-
tioned in such handbills during the days and hours above speci-
fied, so that any person or persons can pay the tax or taxes as-
sessed against him or them, and obtain the treasurer's receipt
therefor. J
* As amended by Act No. 217, S. L.. 1873, page 125.
t As amended by Act No. 217, S. L. 1873, page 126.
X As amended by Act No. 217, S. L. 1873, page 126.


CITY OF ANN ARBOR.
Skc. 11. Upon all taxes paid to the treasurer before the
first day of January, he shall add one-half of one per cent, for
collection fees; and upon all taxes collected by him after the
said first day of January, he shall add one and one-half of one
per cent, for such collection fees, and collect such percentage
with such tax, in the same manner as he is authorized to collect
the tax; and for the purpose of collecting such fees by the treas-
urer, such percentage shall be deemed and taken to be a part of
the tax.*
Sec. 12. The treasurer of said city shall proceed to collect
the taxes in the several supervisors' districts, and on or before
the first day of February, shall account for and pay over to the
county treasurer the amounts specified in the several supervisors'
warrants to be collected for State and county purposes, and shall
return to the said county treasurer a statement of the taxes re-
maining unpaid and due, in the manner provided by law for
township treasurers; and all the provisions of the laws of this
State relating to the collection of taxes by township treasurers,
of to the paying over money by the township treasurers to the
county treasurer, or returning by the township treasurer to the
county treasurer, of a statement of the taxes remaining unpaid
and due, are hereby made applicable to the treasurer of said
city.f
Sec. 134
Sec. 14. No bond, note or other obligation or evidence of
indebtedness of said corporation, except orders on the treasurer,
as hereinafter provided, shall ever be given or issued by said cor-
poration, or by any officer thereof, in his official capacity, where-
by the said city shall become obligated to pay any money, unless
the same shall have been duly authorized by the Legislature
of this State, and shall have been submitted to and voted for by
the tax payers of said city in conformity to this act, but the com-
mon council may allow just claims against the city, and may issue
orders therefor on the treasurer, payable on the first day of Feb-
* As amended by Act No. 217. S. L. 1S73, page 126.
f As amendrd by Act No. 217, S L. 1S73, page 127.
I Repealed by Act No. 217, S. L. 1873.


28 CHARTER OF THE
ruary next thereafter, but such orders shall not in the aggregate,
in any one year, exceed the aggregate of taxes levied to pay the
same in such year. All moneys received for the use of said city,
shall be paid into the city treasury; and no money shall be
drawn from the treasury unless it shall have been previously ap-
propriated by the common council to the purpose for which it
shall be drawn, except school moneys drawn upon lawful author-
ity, and the treasurer shall pay out no money, except as above
stated, but upon the written warrant of the mayor and recorder.
TITLE VI.
STREETS, SIDEWALKS AND PUBLIC IMPROVEMENTS.
Section 1. The common council shall be the commission-
ers of highways for said city, and shall have the care, 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 maintenance 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 va-
cate, 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, sidewalk, highway,
water-course or bridge, they shall proceed to lay out, establish,
open, alter or discontinue the same as hereinafter directed: Pro-
vided, That no second application shall be made within twelve


CITY OF ANN ARBOR.
3'
discharge the like duties as are imposed on the township clerk by
the provision of law.
Sec. 3. When the damages or compensations aforesaid 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 tendered to such person or
persons, if known, and residents of said city, said common coun-
cil 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 b* non-resident, then by"pasting 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 coun-
cil shall have full power, and it shall be their duty to enter with
such aid and assistance 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 ti ne
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 enclosure of the same.
Sec. 5. The common council shall have power to cause
the expense of making, paving and opening streets, lanes and
alleys, of grading, paving or planking sidewaFks, of making
drains, sewers, water-courses and ditches, and other local im-
provements to be assessed against the owners or occupants of the
lots or premises which are in front of or adjoining such improve-


3a
CHARTER OF THE
merits, or by general tax, as they may deem just and proper:
Provided, That no such assessment shall be made or collected
other than by general tax, unless upon the application in writing
of two-thirds of all the resident owners or occupants of the real
estate which may be subject to pay the tax for such local im-
provement; and the common council shall have power to make
all by-laws and ordinances relative to the mode of assessing,
levying and collecting such tax. and they may, by such by-laws
and ordinances, provide that the real estate assessed for such im-
provements, may be sold or leased for a term of years to pay
such assessment.
Sec. 6. The common council shall have power to assess
and collect from every white male inhabitant of said city over
the age of twenty-one years (except paupers, idiots and lunatics)
an annual .capitation or poll tax not exceeding one dollar, and
they may provide by their by-laws for the collection of the
same; and the street commissioner shall have and possess all
the powers given by statute to overseers of highways in the col-
lection of highway taxes assessed against individuals in town-
ships, except as is otherwise provided by the ordinances or by-
laws of said common council: Provided, That any person as-
sessed for a poll tax may pay the same by one day's labor upon
the streets, under the direction of the street commissioner, who
shall give to each person so assessed, notice of the time and
place when and where such labor will be required; and the
money raised by poll tax, or the labor in lieu thereof, shall be.
expended or performed in the respective wards where the per-
son so taxed shall reside.
Sec. 7. The common council shall have power to provide
for keeping clear, repairing and renewing, when necessary, all
sidewalks that are now made, or may hereafter be made, planked
or paved, within the city of Ann Arbor, and to make rules and
ordinances to require the respective owners or occupants of real
estate in said city, having a sidewalk in front thereof, to keep it
clear and in good repair, or renew when necessary the sidewalk
in front of the premises owned or occupied by them respectively,
and the common council shall have power to provide for enforc-


CITY OF ANN ARBOR.
'33
ing by fine or otherwise, the repair, clearing, or renewing the side-
walks, against the owner or occupant, whose duty it is to repair,
clear and renew the same, and may prescribe the time and man-
ner of notifying and requiring persons to clear, repair or renew
such sidewalks, preparatory to imposing fine or penalty, and
the manner of imposing, levying and collecting any such fine or
penalty, and may prescribe the manner of assessing, levying and
collecting from the person or persons liable to pay, from their
goods and chattels, or by sale or by lease for years of the premi-
ses, in front of which such sidewalk shall be; and if by reason of
the neglect of the owner or occupant, whose duty it may be at
the time, to clear, repair, or renew the same shall have been re-
paired or renewed by or under the direction of the proper city
officers, the expense of such cleat ing, repairing or renewing, with
the cost and expenses of clearing the same, shall be chargeable
against such persons so neglecting as aforesaid; the common
council shall have power to establish the grade of any sidewalk
to be constructed or renewed in said city, to prescribe the width
of the same and the materials of which the same shall be com-
posed, and may enforce as aforesaid a compliance with their or-
ders in respect to the same.
Sec. 8. Whenever an action shall have been maintained
and judgment recovered against said city by any person on ac-
count 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 of the premises in front of which said
sidewalk shall be, or on account of any excavation in the street
by any gas, hydraulic or railroad company, and such owner, oc-
cupant or company shall have been reasonably notified to appear
and defend said action, the judgment, if any, obtained against
said city, shall be conclusive as to the amount of damages, and
the validity of the claim of the city against such owner, occupant
or company, and the same may be recovered in an action for
money paid for the use of said owner, occupant or company, or
in any other proper form of action.


34
CHARTER OF THE
TITLE VII.
PREVENTION AND EXTINGUISHMENT OP FIRES.
Section i. For the purpose of guarding against the calam-
ities of fire, the common council may from time to time, by or-
dinance, 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 build-
ings within such 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
common nuisance, and may be abated and removed by such
common council.
Sec. 2. The common council may by ordinance require
the owners or occupants of houses and other buildings 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 con-
structed, and may recover the expenses thereof, with ten per
cent, in addition, of the owner or occupant whose duty it was to
comply with such ordinance.
Sec. 3. The common council may by ordinance require
the inhabitants of the city to provide such and so many fire
buckets for eich house or tenement therein, and within such
time, as they shall prescribe, and may require such buckets to be
produced at every fire.
Sec. 4. The common council may regulate and direct the
construction of safe deposits for ashes, and may compel the
cleaning of chimneys, flues, stove-pipes and all other conductors
of smoke, and upon the neglect of the owner or occupant of any


CITY OF ANN ARBOR.
35
house, tenement or building of any description having therein
any chimneys, flues, stove-pipe, or other conductors of smoke,
to clean the same, as shall have been directed by any ordinance,
the common council may cause the same to be cleansed, and
may collect the expenses thereof and ten per cent, in addition,
from the owner or occupant whose duty it was to have the same
cleaned.
Sec. 5. The common council may regulate the use of
lights and candles in livery stables and other buildings in which
combustible articles may be deposited, and may prescribe the
use of lanterns or safety lamps in such building; and may regu-
late the transporting, keeping and deposit of gunpowder or
other dangerous or combustible materials, and may prevent or
regulate the carrying on of manufactures dangerous in causing or
producing fires, and may authorize and direct the removal of
any hearth, fire-place, siove-pipc, flue, chimney or other conduc-
tor of smoke, or any apparatus or device in which any fire may
be used, or to which fire may be applied, that shall be consid-
ered dangerous and liable to cause and promote fires, and gen
erally may adopt such other regulations for the prevention and
suppression of fires as they may deem necessary.
Sec. 6. For the purpose of enforcing such regulations the
common council may authorize any of the officers of the said
city, and may appoint persons, at all reasonable times to enter
into and examine all dwelling-houses, buildings, and tenements
of every description, and all lots, yards and enclosures, and to
cause such as are dangerous to be put in safe condition ; and
may authorize such officers and persons to inspect all hearths,
fire places, stoves, pipes, flues, chimneys or other conductors of
smoke, or 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 buildings
in which the same may be, and to ascertain the number and con-
dition 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 generally with such powers and


36
CHARTER OF THE
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, ladders, fire-
hooks, and other implements and conveniences for the extin-
guishment 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 organize
said city into so many fire districts as they may deem necessary,
and may organize and maintain a fire department 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 firemen, 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 coun-
cil, 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 regula-
tions 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 alaims of fire: may di-
rect the dresses and badges of authority to be worn by them;
may prescribe and regulate the time and manner of their exer-
cise, and may impose reasonable fines for the breach of any such
regulations.
Sec. 10. The engineers and fire wardens, under the direc-
tion of the common council, shall have the custody and general
superintendence of the fire engines, engine house, hooks, lad-
ders, 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 extin-
guishment 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" hose


CITY OF ANN ARBOR.
37
men, 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 facts in
all courts and places, on proof of the genuineness of such cer-
tificate.
Sec. 11. The common council may, by ordinance, direct
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 com-
pensation for any injury that any fireman, hook and ladder man,
or tub and hose man may receive in his person 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 engineers
and wardens at fires, and in cases of alarms of fire, and may
vest in them such powers as shall be deemed necessary to pre-
serve property from being stolen, and to extinguish and prevent
fires;
Second. To prescribe the powers and duties of the mayor
and aldermen at such fires, and in case of alarms; but in no
case shall the mayor or any alderman control or direct the chief
engineer or his assistants during any fire;
Third. Provide for the removal or keeping away from such
fires all idle, disorderly and suspicious persons, and may confer
powers for that purpose on the engineers, fire wardens or officers
of the city;
Fourth. Provide for compelling persons to bring their fire
buckets to any place of fire, and to aid in the extinguishment
thereof by forming lines or ranks for the purpose of carrying
water, and by all proper means to aid in the preservation, re-
moval and securing of property exposed to danger by fire;
Fifth. To compel the marshal and his deputies, constables
and watchmen of the city to be present at such fires, and to per-
form such duties as the said common council shall prescribe.
4


38
CHARTER OF THE
Sec. 14. Whenever any person shall refuse to obey any
lawful order of any engineer, fire warden,( mayor or alderman at
any fire, it shall be lawful for the officer giving such orders to ar-
rest or to direct orally any constable, watchman, or any citizen,
to arrest such person, and confine him temporarily in a safe
place until such fire shall be extinguished; and in the same man-
ner such officers or any of them may arrest or direct the arrest
and confinement of any person at such fire who shall be intoxi-
cated or disorderly.
Sec. 15. Whenever any building in said city shall be on
fire, it shall be the duty, and be lawful, for the chief engineer
and two members of the common council, or in case of the ab-
sence of the chief engineer, then under the direction of one of
the assistant engineers, and two members of the common coun-
cil; or in case of the absence of the chief and assistant engi-
neers, then under the direction of three members of the com-
mon council and the foreman of a fire company, to order and
direct such building, or any other building which they may
deem hazardous and likely to communicate fire to other build-
ings, or any part of such building, to be pulled down and de-
stroyed, 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
thereafter, 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 com-
mon 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 agreement 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 damages
incurred by any claimant, by pulling down or destruction 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


CITY OF ANN ARBOR.
39
should be equitably allowed to such claimant; and in case no
damages are allowed, or in case any damages are allowed, a pay-
ment or tender of an order for the same by the common coun-
cil, 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 council 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 and accept
said office, and they shall be removed by the common council
only for neglect of duty, misconduct or corruption in office, and
after a fair opportunity for defense shall be given them before
said council.
Sec 3. The said board shall have and possess all the pow-
ers given by the general statutes of this State to boards of health
in townships, in addition to those herein particularly enume-
rated. Said board of health shall have power and it shall be
their duty to take such measures as they shall deem effectual to
prevent the entrance of any pestilential or infectious disease into
the city; to stop, detain and examine for that purpose every per-
son coming from any place infected or believed to be infected
with such a disease; to establish, maintain and regulate a pest-
house or hospital at some place within the city, or not exceeding
three miles beyond its limits or bounds; to cause any person not
being a resident of the city, or if a resident of the city who is
not an inhabitant of this State, who shall be, or be suspected of
being infected with any such disease, to be sent to such pest-
house or hospital, to cause any resident of the city infected with
any such disease to be removed to such pest-house or hospital if


4'
CHARTER OF THE
improvement upon such premises, together with a ratable pro-
portion of the expenses of assessing and collecting the money
expended in making such improvements.
Sec. 9. Whenever, in the opinion of the common council,
any building, fence, or other erection of any kind, or any part
thereof, is liable to fall down, .and persons or property may there-
by be endangered, they may order any owner or occupant of the
premises on which said bnilding, fence, or other erection stands,
to take down the same or any part thereof within a reasonable
time, to be fixed by their order, or immediately, as the case may
require, or may immediately, in case the order is not complied
with, cause the same to be taken down at the expense of the
city, on account of the owner of the premises, and assess the
same on the land on which it stood. The order, if not immedi-
ate in its terms, may be served on any occupant of the premises,
or be published in the city papers, as the common council shall
direct.
Sec. 10. The said board of health shall have power to
appoint one of their number a clerk, whose duty it shall be to
attend the meetings thereof, and to keep a record of its proceed-
ings, and such record, or a duly certified copy of the same, or
any part thereof, shall be prima facie evidence of the facts
therein contained, in any court or before any officer.
Sec. 11. The members of the board of health shall receive
such compensation for their services as may be allowed by the
common council.
TITLE IX.
courts of justice, fines, penalties and legal proceedings.
Sec. 1. The justices of the peace in said city exercising civil
jurisdiction, shall be- deemed justices of the peace of the county
of Washtenaw, and shall have all the powers and jurisdiction
given by the general laws of the State in relation to civil and
criminal cases before justices of the peace in townships, and ap-
peals from their judgments and convictions may be made to the


CITY OF ANN ARBOR.
43
circuit court for the county of Washtenaw, in the same manner
as appeals from justices' judgments and convictions in towns are
made: Provided, That all actions within the jurisdiction of
justices of the peace may be commenced and prosecuted in said
justices' courts, when the plaintiff or defendant, or one of the
plaintiffs or defendants resides in a township adjoining the town-
ship 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 of 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 determine all offenses which shall
be committed within said city against any of the by-laws or or-
dinances which shall be made by the common council in pursu-
ance of the powers granted by this act, and to punish the offend-
ers 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 committed 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 shal'
be imprisoned, 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 re-
siding in said city, to whom complaint shall be made, in writing


44
CHARTER OF THE
and on oath, shall issue a warrant directed "to the sheriff or any
constable of the county of Washtenaw," commanding him forth-
with to bring the body of such person before him, to be dealt
with according to law; and the marshal, or other officer to
whom said warrant shall be delivered for service, is hereby
required to execute the same, in any part of this State where
such offender may be found, under the penalties which are by
law incurred by sheriffs and other officers for neglecting or refusing
to execute other criminal process.
Sec. 5. All process issued by any justice of the peace, to
enforce or carry into effect any of the by-laws or ordinances of
the common council, shall be directed "to the marshal of the
city of Ann Arbor," or " to the sheriff or any constable of the
county of Washtenaw," and such process may be executed by
any of said officers anywhere within this State, and shall be
returned the same as other similar process issued by justices of
the peace. The expenses of apprehending, examining and com-
mitting offenders against any law of this State in the said city,
and of their confinement, shall be audited and allowed and paid
by the supervisors of the county of Washtenaw, in the same
manner as if such expenses had been incurred in any town of
said county.
Sec. 6. All actions against the city of Ann Arbor shall be
commenced by summons, which shall be served upon the record-
er at least six days before the return day thereof, by giving him a
copy of said summons, with the name of the officer serving the
same endorsed thereon, or in case of the absence of the recorder
from the city, then by leaving such copy with the mayor endorsed
as aforesaid: Provided, No suit shall be maintained against the
city, until the claim whereon the same is founded shall have been
presented to the common council of said city, at a regular meet-
ing of the same, for allowance.
Sec. 7. In all suits in which the corporation of the city of
Ann Arbor shall be a party, or shall be interested, no inhabitant
of said city shall be deemed incompetent as an officer, witness or
juror, on account of his interest in the event of such suit or action:


46
CHARTER OF THE
all costs and charges thereon, shall be paid, or he be discharged
by due couise 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. io. 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 report, on oath, to the common
council on the first Mondays of January, April, July and Septem-
ber, 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 for-
feiture, 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 sus-
pended or removed, as hereinafter provided.
Sec. i1. Any justice of the peace of said city may be sus-
pended 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 relation to the internal police of the
State, or for any official misconduct, on charges specifically pre-
ferred by said common council of said city, or any member or
officer thereof, or by three electors of said city, founded on affi-
davit filed in said circuit court, specifically stating the charges
complained of, a copy whereof shall be served on him at least
ten days before presenting such charges to said court, and oppor-
tunity shall be given to him to be heard in his defense.
Sec. 12. All persons being habitual drunkards, destitute
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 complained of by such
families, all able-bodied and sturdy beggars who may apply for alms
or solicit charity, all persons wandering abroad, lodging in watch-


CITY OF ANN ARBOR.
47
houses, out-houses, market-places, sheds, stables, or uninhabited
dwellings, 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, high-
ways passages, or other public places, or beg or receive alms
within the said city, shall be deemed vagrants, and may, upon con-
viction 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 abandoned
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 magistrate 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 per-
son amounts to such desertion or neglect to provide for his wife
or children.
TITLE X.
SALARIES OF OFFICERS.
Sec. 1. The officers of said corporation shall be entitled
to receive out of the city treasury the following sums in full pay-
ment of their services: The mayor shall be paid one dollar per
annum; the aldermen shall be entitled to receive one dollar and
fifty cents per day when employed in assisting the supervisor in
taking the assessment; the recorder shall receive such sum as the
common council shall allow, not exceeding three hundred dol-
lars per annum; the city attorney and treasurer shall be entitled
to receive, respectively, such sum as the common council shall


48
CHARTER OF THE
allow, not exceeding one hundred dollars per annum: Provided,
That 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 exceeding one hundred dollars per annum, as the common
council shall allow; the justices of the peace and the constables
shall be allowed the same fees as are by law allowed to corres-
ponding township officers; the street commissioners and super-
visors, 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 em-
ployed in the performance of the duties of their respective
offices.*
MISCELLANEOUS PROVISIONS.
Sec. 1. The mayor or chairman of any committee or
special committee gf the common council shall have power to
administer any oath, or take any affidavit in respect to any mat-
ter 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 statement or affida-
vit, or otherwise, wilfully swear falsely as to any material fact or
matter, shall be deemed guilty of perjury.
Sec. 3. If any suit shall be commenced against any per-
son, 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 com-
mand 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 author-
ized and required to perform the same duties in and for said city as
* As amended by Act No. 217, S. L. 1873, page 127.


CITY OF ANN ARBOR.
49
are by law imposed upon the township boards of the several town-
ships of this State, in relation to schools, school taxes, county
and State taxes, and State, district and county elections; and the
supervisors and assessors, 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 liabilities as pro-
vided 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.
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: Provided, That the
repealing of said acts aforesaid shall not affect any act already
done, or any right acquired under, or proceeding had or com-
menced 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 holding office in the city of Ann Arbor, under the
acts hereby repealed, shall 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 organization or
government of school district number one, of the city and town-
ship 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.


AN ACT
TO RAISE MONEY FOR WATERWORKS.
[No. 430, Session Laws, 1869.]
AN ACT to anthorize the mayor recorder and aldermen of the city of Ann
Arbor to borrow money and Issue bonds to aid In furnishing said city
with water.
Section 1. The People ofthe State ofMichigan enact, That
the mayor, recorder and aldermen of the city of Ann Arbor, in
the county of Washtenaw, are hereby authorized and empowered
to borrow money, on the faith and credit of said city, and to is-
sue bonds therefor to an amount not exceeding seventy-five thous-
and dollars, to be paid by said city, within a period not exceed-
ing twenty years from the date thereof, and at a rate of interest
not exceeding seven per cent, per annum; the said bonds, or the
money realized from the sale thereof, to be used and applied to
the purpose of furnishing the said city of Ann Arbor with water,
and for no other purpose.
Sec. 2. The bonds hereby authorized to be issued by the
mayor, recorder and aldermen of said city, for the purpose afore-
said, shall be coupon bonds, in denominations of not less than
one hundred dollars nor more than five hundred dollars each,
and shall be signed by the mayor and countersigned by the re-
corder, and issued payable to the order of the person named there-
in, or to the bearer, in such sums, not exceeding in the aggregate
seventy-five thousand dollars, payable at such times, not exceed-
ing twenty years from the date thereof, and at such rate of inter-
est, not exceeding seven per cent, per annum, payable annually
or semi-annually, as the common council shall determine: Pro-
vided, 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 tax paying


AN ACT TO RAISE MONEY FOR WATER WORKS. 51
electors of said city of Ann Arbor, present and voting, rhall, 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 pur-
pose 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 interest 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 au-
thorized 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
uanner provided in the charter of said city.
Sec. 4. The common council shall have power to construct
such water works, or they may authorize the same to be construc-
ted 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 ascertained 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 success-
ful 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-rcglstration 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 con-
stituted 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 provis-
ions of the charter of said city, shall mnke 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 preceding the annual charter election to be
held on the first Monday in April, eighteen hundred and seven-
ty-five, and at such other times, not oftener 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 after-
noon, and from three o'clock in the afternoon until seven o'clock
in the afternoon 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 pro-
vided under the direction of the common council. The rules
and regulations prescribed in the act before cited shall be ob-
served and carried out in making the re-registration hereby
ordered, and when any registration 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 ACT.
S3
re-registration, whose name shall not be entered in the new reg-
ister made under the provisions of this act, or be afterwards prop-
erly 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 Tuesday preced-
ing each general election of State and county officers, for the
purpose of registering new electors in the said ward registra-
tion books, in the manner prescribed in the aforesaid act, like
notice to be given as provided by section six 01 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 after-
noon, 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 registration, 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 "re-
moved," 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 session to be noticed and conducted as pro-
vided by the act before cited, except that the erasure of the
names of electors who have removed 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.
5


54
RE-REGISTRATION ACT.
Sec. 4. Whenever a new registration shall be ordered by
the common council of said city, it shall be made in accordance
with the provisions of the first section of this act.
Sec. 5. This act shall take immediate effect.
Approved March 12, 1875.








REVISED ORDINANCES
OF THE
CITY OF ANN ARBOR.
TITLE I.
OF STREETS AND SIDEWALKS.
CHAPTER I.
AN ORDINANCE RELATIVE TO SIDEWALKS.
[Passed June 17th, 1851.]
Beit 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 the same are hereby established of
the following width, to-wit: On the west side of Main street,
between Ann and Washington streets, the sidewalk shall be four-
teen feet in width; on the east side of Main street, between
Huron and Washington streets—on the north side of Ann street,
between Main and Fourth streets—on the south side of Huron
street, between Main and Fourth streets, and on the east side of
Fourth street, between Ann and Huron streets, the sidewalks
shall be respectively twelve feet in width, and in all other streets
in said city the sidewalks shall be ten feet in width.
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 ordinance, shall
be allowed for projections, and it shall not be lawful for any per-
son 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


56 REVISED ORDINANCES OF THE
whatever, or suffer or permit any obstruction to a free passage
over such sidewalk to exist, by leaving open any passage way to
cellars, or otherwise, excepting so far as the same may be nec-
essary and unavoidable in transporting articles across the side
walk.
Sec. 3. No person shall place, put up, erect or suspend, or
suffer to remain placed, put up, erected or suspended, from any
building or upon any lot within the limits 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 sidewalk.
Sec. 4. All posts or railings put up in any street for the
support of awnings, shall be placed on the established line be-
tween the sidewalk and street; nor shall any awning, 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 obstructions 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 mar-
shal, upon knowledge or information that any of the sidewalks
lying outside the line allowed for projections as aforesaid are in
any manner obstructed or encumbered, to require the occupant
or owner of the premises in front of which such obstruction or
incumbrance exists, to remove the same; and if such occupant
or owner shall neglect for the space of twenty-four hours to com-
ply with such requisition, the marshal shall forthwith cause such
obstruction or incumbrance to be removed: 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 protect them, nor to obstructions necessarily occa-
sioned by the erection or repairing of buildings; but in such
case no person shall obstruct more than one-half of the stree
-


CITY OF ANN ARBOR.
57
and one-half of the sidewalk opposite the premises occupied by
such person, without leave first obtained from the common couu-
cil.
Sec. 6. Excepting for the purpose of ingress and egress to
and from yards across the sidewalks, no person shall drive, ride
or lead, or suffer to remain, any horse, cart, carriage or team
of any kind, on any of the sidewalks within the city; nor shall
he leave any horse, team or vehicle standing on any of the cross
walks in said city. .
Sec. 7. That whenever the marshal shall, by virtue of any
ordinance, have removed any timber, wood, stone or other en-
cumbrance 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 proceed to sell the same at public auction
to the highest bidder, first giving four days' notice of said sale by
posting up five or more written or printed notices in conspicu-
ous places, and shall immediately make return of the sale to the
city treasurer and pay the money over to him, taking duplicate
receipts for the same, one of which he shall immediately file in
the recorder's office.*
Sue. 8. Any person who shall wilfully offend against any
of the provisions of this ordinance shall forfeit and pay a fine
not exceeding twenty-five dollars.
* As amended by Ordinance passed June 3d, 1861.


58
REVISED ORDINANCES OF THE
CHAPTER II.
AN ORDINANCE RELATIVE TO REPAIRING AND RENEWING OF SIDE
WALKS.
[Passed December 6th, 1875.]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section 1. Whenever, in the opinion of the common
council of the city of Ann Arbor, any of the sidewalks which
are, or may hereafter be made, planked or paved, within said
city, shall be so dilapidated, injured or impaired as to make it
necessary to renew such sidewalk, by renewing or rebuilding the
same, said common council shall establish the grade of said side-
walk, and shall prescribe the width of the same, and the material
of which the same shall be composed in renewing the same, and
it shall be the duty of the chairman of the sidewalk committee,
or such other person as the common council may designate to
superintend the renewing thereof, and the said chairman of the
sidewalk committee, or such other person as the common coun-
cil may designate, shall forthwith notify, in writing, the several
owners or occupants of the lots or premises in front of and ad-
joining to which such sidewalk or any portion thereof shall be
by delivering said written notice to said owner or occupant per-
sonally, or by leaving the same at his, or her or their usual place
of residence, or if their be no occupant, and the owner thereof
does not reside in said city, then by posting up such written no-
tice in some conspicuous place on such lot or premises, and upon
such notice being given, such several owners or occupant, shall
within such time as the common council shall direct, which
time shall be specified in said notice, renew the portion of such
sidewalk which is in front of and adjoining his, her or their
lots or premises in the manner, at the grade, of the material and
of the width so established and prescribed by said common coun-
cil, and to the acceptance of the chairman of the sidewalk com-
mittee or other person designated by the common council, and


6o
REVISED ORDINANCES OF THE
taxes; and it shall be the duty of the treasurer upon receiving
such tax roll to proceed and collect the taxes therein mentioned
with all reasonable diligence. If any such sums in such tax roll
mentioned shall remain unpaid,and the treasurer shall not be able to
collect the same within the time limited by such warrant or any
renewal thereof, it shall be his duty and he is hereby authorized
to make out and publish in some newspaper published in said
city, at least once in each week for five successive weeks, notice,
that unless the said sums with costs and charges thereon, shall be
paid and satisfied before such sale, the premises described rn
such notice, and each separate parcel thereof, will, at the court
house in said city, on some day not less than five weeks or more
than seven weeks from the first publication of such notice, be
sold or leased for the shortest term of years at which any person
will offer to take the same in consideration of advancing the sum
or sums which were so assessed or taxed upon said land by the
common council, together with the interest and all the costs and
charges thereon, including the costs of such notice and all pro-
ceedings relating to such sale and of making the return and re-
cord thereof. If at the time mentioned in such notice the
owner or occupant, or person or persons liable to pay such tax,
shall have neglected or refused to pay any such tax with the costs
and charges thereon, the treasurer shall add to the amount of the
tax, interest and costs then made upon each separate parcel of
land the sum of two dollars for the expenses of making such
sale, and the return and record thereof, and of making the cer-
tificates to the purchaser on such sale, and the treasurer shall, at
the time and place mentioned in such notice, commence the sale
of such lands and continue the same from day to day, Sundays
excepted, until the same shall be sold or leased for a term of
years for the purpose and in the manner above mentioned. But
each lot or parcel of a lot owned by any one person or set of
persons, and assessed separately, shall be sold by itself, and if
any person or persons bidding at such sale shall fail to pay the
amount of his or their respective bids on request or agreeably to
any notice given by the treasurer in such sale, it shall be his duty


CITY OF ANN ARBOR.
61
forthwith to resell the land so remaining unpaid for—and no
person having failed to pay his previous bids on request shall be
entitled to have his bids received at such sale. The treasurer
shall, at the close of the sale, report to the common council the
terms upon which each lot or parcel of land was sold, the
amount bid therefor, the name and residence of the purchaser
and the length of the term for which each lot or parcel was sold'
and the recorder shall make and keep a record of such sale, and
any person claiming any interest in the premises as sold, may re-
deem any lot or parcel of land sold separately within one year
from the time of such sale by paying the amount for which the
same was sold, with interest at the rate of fifteen per cent, per
annum, to the treasurer and taking duplicate receipts therefor
and delivering the same to the recorder, who shall retain one
and enter the redemption of the lands therein described upon
the record of such sale, and shall countersign the other and deliver
the same to the person so redeeming. Upon any such sale the
treasurer shall give to the purchasers upon the payment of their
bids a certificate in writing, duly numbered, describing the lands
purchased, the amount paid therefor, and the length of time for
which the land was sold, and the time when the purchaser will
be entitled to a lease of the premises unless sooner redeemed,
and when the land so sold shall be redeemed, the treasurer, upon
the presentation of such certificate of purchase, shall pay to the
purchaser or his executors, administrators or assigns the amount
received by him upon the redemption of such lands, and take
the proper receipts therefor, and if any land so sold shall not
have been redeemed within the time above provided for the re-
demption thereof, and it shall not appear that such land was im-
properly sold, on the presentation of such certificate of purchase
to the recorder he shall prepare and deliver to such purchaser,
his heirs or assigns, on the payment by the lessee of the expense
of such lease not exceeding one dollar, a lease of the premises so
sold (in such form as the common council may prescribe,) giving
the purchaser or his heirs or assigns the use of the property so
purchased by him for the time for which the same was sold, com-


62
REVISED ORDINANCES OF TH E
puting from the expiration of the time for redemption above
provided, which lease shall be under seal and signed by the
mayor and countersigned by the recorder, and shall entitle the
lessee and his heirs and assigns to the use of the land therein de-
scribed during the term therein mentioned, subject to all taxes
legally assessed or to be assessed on such land.
Sec. 3. An Ordinance entitled "An Ordinance relative to
repairing and renewing of sidewalks," made and passed in common
council, May 4th, 1868, and an ordinance amendatory thereof,
made and passed in common council November 8th, 1875, are
hereby repealed, but such repeal shall not affect any act done, or
proceedings commenced under either of the ordinances so re-
pealed.
Sec. 4. This ordinance shall take effect from and after its
passage.
CHAPTER III.
AN ORDINANCE RELATIVE TO IMPROVING SIDEWALKS.
[Passed March 22d, 1853.]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section 1. That whenever, upon application in writing, of
two-thirds of all the resident owners or occupants of real estate,
subject to pay the tax for improving such sidewalks, the common
council shall deem it proper to order the grading and planking,
or making of any sidewalks in said city, such sidewalks shall be
graded and planked, or constructed and made in such a manner,
and of such materials, and of such width, as the common coun-
cil shall upon such application direct, and under the superin-
tendence of the street commissioner and such other officer as the
common council shall appoint and direct, and under the direc-
tion of the common council; and the expenses of grading,
planking or making such sidewalks (excepting the cross-walks
over the parts of streets between the sidewalks) shall be assessed


CITY OF ANN ARBOR. 63
■
against the owners or occupants of the lots or portions of lots or
premises which are in front of or adjoining such sidewalk, and
the cross-walks or parts of such sidewalks crossing that part of
any street lying between the sidewalks thereof, shall be con-
structed under the direction of the common council, by general
tax.*
Sec. 2. When the common council shall have ordered
any sidewalk to be graded and planked, or otherwise improved,
the street commissioner and supervisor, or such other officer as
the common council may appoint, shall ascertain as near as may
be the expense of making such grading and planking or making,
and shall make out and present to the common council a written
report or assessment roll, stating the names of the owners or oc-
cupants of the lots or premises in front of or adjacent to such
sidewalk which may be directed to be graded and planked or
otherwise improved, describing with reasonable certainty each
lot or portion of a lot owned or occupied by one person or com-
pany of persons, and also the names, of such owner or occupant,
or several owners or occupants, if they can be ascertained, and
shall therein designate who of said owners or occupants are resi-
dents of said city, and who are non-residents of said city, and
shall also state the number of rods or feet and inches in length
to be planked or otherwise improved in front of or adjacent to
the lot or premises owned or occupied by each person, and the
sum of money which each person or set ot persons shall be as-
sessed at, and pay for such grading, planking or improvement in
proportion to the whole length of such sidewalks in front of or
adjacent to the lot or portion of a lot owned or occupied by
each separate person or set of persons, including with and add-
ing to the length of the front of a lot or portion of a lot situated
upon the corner of any block or at the intersections of any
streets, the width of the sidewalk adjoining such corner or lot,
and intersecting the sidewalk to be graded and planked or im-
proved, unless such intersecting sidewalk shall have been graded
and planked.
♦As amended by Ordinance passed August 2d, 1875.


64
REVISED ORDINANCES OF THE
Sec. 3. The common council shall examine such report or
assessment roll, and make such alterations and amendments
therein as they may deem necessary or proper; and upon the
approval of such report or assessment roll by the common
council, the recorder shall make out a notice directed to the
several persons in such report named and proposed to be as-
sessed, notifying them that they are about to be assessed to de-
fray the expenses of grading and planking and otherwise im-
proving the sidewalk in front of or adjacent to certain premises
owned or occupied by them in said city, and that a report and
assessment roll made out in the premises, is on file in the office
of the recorder, for inspection; and further notifying them when
and where the common council will meet and review such asess-
ment roll, on the request of any person considering himself ag-
grieved—which notice shall also set forth with reasonable cer-
tainty the place where such sidewalk is to be made, and the kind
of sidewalk to be made, and that the party is allowed thirty days
within which to make such grading and sidewalk, under the su-
perintendence of the street commissioner and such other officer
(naming him) as the common council may have designated for
that purpose, and that if the same shall within that time have
been so constructed to the satisfaction of such superintendents,
no expense of proceedings to collect the same against the per-
sons so constructing shall be incurred by them—which notice
shall be published at least once each week for two successive
weeks in some public newspaper published in said city; and in
addition to such publication the marshal shall cause a copy of
such notice to be served upon all the persons therein named who
are residents of said city, and upon the agents residing in said
city who are known, of all non-resident owners therein named,
by delivering the same to them or leaving such copy at their sev-
eral places of abode or business in said city: and the marshal
shall return, under his oath of office, or the affidavit of the person
serving the same, the time and manner of serving such notice;
and at the expiration of thirty days after such publication and
service, the street commissioner, or other officer appointed to


66
REVISED ORDINANCES OF THE
notice, and each separate parcel thereof, will, at the court house
in said city, on some day not less than five weeks nor more than
seven weeks from the first publication of such notice, be sold or
leased for the shortest term of years at which any person will
offer to take the same in consideration of advancing the sum or
sums which were so assessed or taxed upon said land by the com-
mon council, together with the interest and all the costs and
charges thereon, including the cost of such notice and of .ill
proceedings relating to such sale, and of making the return and
record thereof. If at the time mentioned in said notice, the
owner or occupant, or person or persons liable to pay such tax,
shall have neglected or refused to pay any such tax, with the costs
and charges thereon, the treasurer shall idd to the amount of the
tax, interest and costs then made upon each separate parcel of
land, the sum of one dollar for the expenses of making such
sale, and the return and record thereof, and of making the cer-
tificate to the purchasers upon such sale; and the treasurer shall,
at the time and place mentioned in said notice, commence the
sale of such lands and continue the same from day to day (Sun-
days excepted) until the same shall be sold for a term of years'
for the purpose and in the manner above mentioned—but each
lot or parcel of a lot owned by any one person or set of persons
and assessed separately shall be sold by itself—and if any person
or persons bidding at such sale shall fail to pay the amount of
his or their respective bids on request, or agreeably to any notice
given'by the treasurer on such sale, it shall be the duty of the
treasurer forthwith to re-sell the lands so remaining unpaid for—
and no person having failed to pay his previous bids on request,
shall be entitled to have his bids received at such sale. The
treasurer shall at the close of the sale, report to the common
council the terms upon which each lot or parcel of land was
sold, the amount bid therefor, the name and residence of the
purchaser, and the length of the term for which each lot or par-
cel was sold—and the recorder shall make and keep a record of
such sale, and any person claiming any interest in the premises
as sold, may redeem any lot or parcel of land sold separately,


CITY OF ANN ARBOR.
67
within one year from the time of such sale, by paying the
amount for which the same was sold, with interest at the rate of
fifteen per cent, per annum to the treasurer, and taking duplicate
receipts therefor, and delivering the same to the recorder, who
shall retain one, and enter the redemption of the lands therein
described upon the record of such sale, and shall countersign
the other and deliver the same to the person so redeeming.
Upon such sale the treasurer shall give to the purchasers, upon
the payment of their bids, a certificate in writing, duly num-
bered describing the lands purchased, the amount paid therefor,
and the length of time for which the land was sold, and the time
when the purchaser will be entitled to a lease of the premises;
unless sooner redeemed; and when any land so sold shall be re-
deemed, the treasurer, upon the presentation of such certificate
of purchase, shall pay to the purchaser or his executors, adminis-
trators or assigns, the amount received by him upon the redemp-
tion of such lands, and take the proper receipt therefor; and if
any lands so sold shall not have been redeemed within the time
above provided for the redemption thereof, and it shall not ap-
pear that such land was improperly sold, on the presentation of
such certificate of purchase to the recorder, he shall prepare and
deliver to such purchaser, his heirs or assigns, upon the payment
by the lessee of the expense of such lease, not exceeding fifty
cents, a lease of the premises so sold (in such form as the com-
mon council may prescribe) giving the purchaser or his heirs or
assigns the use of the property so purchased by him for the time
for which the same was sold, computing from the expiration of
the time for redemption above provided; which lease shall be
under seal, and signed by the mayor and countersigned by the
recorder, and shall entitle the lessee and his heirs and assigns to
the use of the land therein described, duiing the time therein
mentioned, subject to all taxes legally assessed or to be assessed
on such land.


68
REVISED ORDINANCES OF THE
CHAPTER IV.
AN ORDINANCE TO PREVENT OBSTRUCTING STREETS.
[Passed June 4th, 1855.]
Be it Ordained by the Mayor, Recorder aud Aldermen of the City of Ann
Arbor—
Section 1. That it shall not be lawful for any person to
leave any horse cart, wagon carriage, sleigh, or other vehicle
whatever, standing in any street within said city of 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 exceeding fifty dollars for each offense or in
default thereof, be imprisoned in the county jail not exceeding
thirty days.
CHAPTER V.
AN ORDINANCE RELATIVE TO SIDEWALKS AND CROSSWALKS.
[Passed January 2d, 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 re-
main on the sidewalk in front of any house, building or lot oc-
cupied by him or her, or on the sidewalk in front of any unoc-
cupied house, building or lot owned by him or her, within said
city, longer than twenty-four hours after the same has fallen or
formed; and where ice is formed on any sidewalk, such owner
or occupant as above provided, shall within four hours
after the same has formed, cause salt, sand or ashes to be strewn
thereon.
Sec. 2. No person shall halt any horse, wagon, cart, car-
riage, sleigh or other vehicle on any crosswalk or footing within
the limits of said city of Ann Arbor.


CITY OF ANN ARBOR.
69
Sec. 3. Any violation of or failure to comply with the pro-
visions of this ordinance shall be punished by a fine not less than
five dollars nor to exceed fifty dollars and costs, to be recovered
before any Justice of the Peace of said city, and in the imposi-
tion 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 Washtenaw County
Jail for a period of time not exceeding ninety days.
Sec. 4. This ordinance shall take effect from and after its
passage.
CHAPTER VL
AN ORDINANCE AUTHORIZING THE REGENTS OF THE UNIVERSITY OF
MICHIGAN TO LAY WATER PIPES OR MAINS IN THE STREETS,
LANES AND ALLEYS.
[Passed March 16th, 1875.]
Whereas, The Regents of the University of Michigan have
made application, by resolution, addressed to the common coun-
cil of the city of Ann Arbor for the privilege of laying down
in the streets of said city water pipes, for the purpose of supply-
ing said University with water; and whereas, it is by said coun-
cil, after due consideration of such application, deemed expedi-
ent, rightful and proper to grant such privilege, under such rea-
sonable reservations and restrictions as are hereinafter men-
tioned, Therefore
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor, In Common Council Ass mbled—
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 appertaining to said University with
water for protection against fire and for general use, and for that
6


70
REVISED ORDINANCES OF THE
purpose to dig, trench and excavate in, along and across such
public streets, lanes and alleys: Provided, And this grant of au-
thority is made, and is to be accepted, held and used only upon
condition that the said Regents shall not unnecessarily, or un-
reasonably 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 dili-
gence and at their own charges, restore all such streets, side-
walks, 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.
CHAPTER VII.
AN ORDINANCE RELATIVE TO REMOVING ENCROACHMENTS UPON
STREETS, ALLEYS AND SIDEWALKS.
[Passed August 2d, 1875.J
Be it Ordained by the Mayor, Recorder aud Aldermen of the City of Ann
Arbor—
Section 1. That it shall be unlawful for any person or per-
sons hereafter to erect, build, construct, continue or maintain
any stairs or stairway, or other structure which shall have its
foundation upon any sidewalk in said city, or shall in anywise or
to any extent encroach upon any public street) alley or sidewalk
in said city.
Sec. 2. That when it shall be represented or made to ap-
pear to the common council that any of the foregoing provisions
are being violated by any person or persons in any part of said
city, it shall be the duty of the marshal, under the direction of
said common council, to serve a notice in writing upon the
owner or occupants of the building with which such stairs or


CITY OF ANN ARBOR.
7*
stairway or other structure are connected, to remove such stairs
or stairway or other structure within ten days after service of
said notice, and if not removed in said time it shall be the duty
of the marshal to remove the same forthwith, and dispose of the
material composing such stairs or stairway or structure as is pro-
vided in an ordinance entitled "An Ordinance relative to side-
walks."
Sec. 3. That in case said common council shall be of the
opinion that the safety or convenience of the public requires the
immediate removal of any such encroachment, said council may
by resolution direct the marshal to proceed forthwith, and with-
out notice, to remove the same, and it shall be the duty of the
marshal thereupon to make such immediate removal, and he shall
dispose of the material as is provided in section seven of an or-
dinance entitled " An Ordinance relative to sidewalks."
Sec. 4. This ordinance shall take immediate effect from
and after its passage.
CHAPTER VIII.
AN ORDINANCE FOR THE PROTECTION OF BRIDGES AND STREETS.
[Passed Dec. 6th, 1875.]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section 1. That there may be put up and continued in a
conspicuous place, at each end of any bridge within the corporate
limits of the city of Ann Arbor, maintained at public charge,
and of which the chord shall not be less than twenty-five feet, a
notice with the following words in large characters: "One dol-
lar fine for riding or driving on this bridge faster than a walk,"
and in case such bridge shall be over one hundred feet in length,
or shall have a draw or turn table therein, for the purpose of
opening the same, such notice may be, "Five dollars fine for
riding or driving on this bridge faster than a walk, or for driving
on more than ten head of cattle at'a time."


CITY OF ANN ARBOR.
73
ing 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.
CHAPTER IX.
AN ORDINANCE RELATIVE TO GRADING AND PAVING STREETS, LANES
AND ALLEYS.
[Passed April 17th 1871.]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section 1. Whenever any of the streets, lanes and alleys
of said city are graded or paved, it shall be with such materials
as the common council of said city may direct.
Sec. 2. Whenever the common council of said city shall
by resolution order any street, lane or alley to be graded or
paved within the limits specified in any application made in
writing of two-thirds of all the resident owners or occupants of
the real estate which may be subject to pay the tax for such grad-
ing or paving, the funds necessary for defraying the expenses
thereof shall be provided by causing an assessment to be made,
by such person as the common council shall by resolution desig-
nate, on the lot, parts of lot or parcel of real estate directly
fronting on that part of the street, lane or alley directed to be
graded or paved, ratably as hereinafter provided, according to
their extent of front on said street, lane or alley. The word
"front" as used in this ordinance shall be construed to mean


CITY OF ANN ARBOR.
75
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 expense of making such assessment, which said assess-
ment roll shall be signed by the person making the same, and be
presented to said common council within such time as the com-
mon council may direct.
Sec. 5. Whenever all the proceedings directed in sections
two, three and four of this ordinance to be performed shall have
been completed, except "having made the apportionment 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 expense of making such assessment,"
and before "said assessment roll shall be signed by the person
making the same, and be presented to said common council," as
provided in said section four, the common council shall by reso-
lution 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 re-
ceived at his office during the time therein specified, 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 termini between which such grad-
ing or paving is to be done, and that the same will be made ac-
cording to the specifications in the hands of the recorder: Pro-
vided, That such specifications shall be made by some person
duly authorized by resolution of said common council and be
submitted to and be adopted by said common council at or be-
fore the meeting at which the recorder shall be directed to adver-
tise as aforesaid. The proposals shall state the price per yard
or foot for furnishing all materials and grading, the price per
yard or foot for furnishing all materials for curbing and placing
it, the price per square yard or foot for furnishing all materials
and paving such street, lane or alley in pursuance of such speci-
fications, and the time within which such grading, curbing or
paving shall be completed, and shall also state the name of some
responsible person or persons as sureties therefor.


76
REVISED ORDINANCES OF THE
Sec. 6. The recorder shall deliver such sealed proposals to
the common council at its first meeting after the time for receiv-
ing such proposals shall have expired, and it shall then open and
determine which, if any of them, it will accept, unless the open-
ing or determination thereof shall be postponed not to exceed
thirty days, and after having accepted a proposal said common
council may direct the recorder or other proper officer to prepare
a written contract with the person or persons whose proposal
shall have been accepted, with one or more sufficient sureties for
the faithful performance thereof on the part of the person or per-
sons making such contract, and said contract shall especially
provide that said grading or paving shall be performed under the
supervision of the street committee and to the satisfaction of the
common council and to be approved by it, and so that the sur-
face of said street within the limits ordered to be graded or
paved shall, when finished, agree and conform to the respective
lines of grade established for said street by the common council,
which contract shall be submitted to the common council at its
next meeting, and shall, if approved, be a valid and binding
contract, and if disapproved, it shall be void and of no effect
whatever.
Sec. 7. Whenever the common council shall approve such
contract the person designated in section two of this ordinance
to make the assessment roll shall immediately complete said roll
by computing the entire cost of the grading or paving of said
street, lane or alley, including the spaces caused by the intersec-
tion of cross streets, lanes 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 aforesaid,
shall be liable to pay for such grading or paving, ratably, accord-
ing to the extent of front of each of such lot, part of lot, or
portion of real estate within such assessment 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 ordinance.


7«
REVISED ORDINANCES OF THE
Sec. 9. At the time of such delivery of said assessment
roll to the treasurer, the recorder shall attach a warrant thereto
under the hands of the mayor and recorder, and the seal of said
city, commanding him to collect from the several persons named
in said roll the several sums mentioned opposite their respective
names in the same manner as is provided for the collection of
state, county and township taxes, and with three per cent,
charges, and make returns to the common council of his doings
thereon within forty days: Provided, That immediately upon
the receipt of said roll, such treasurer shall give notice by publi-
cation at least one week in all the newspapers published in said
city, that such assessment roll has been delivered to him, and
that the taxes therein assessed can be paid to him at his office, in
said city, at any time within fifteen days after the publication of
such notice, without any charge or percentage for the collection
thereof, and he shall cause affidavits of such publication to be
filed in the office of the recorder. By virtue of said warrant
such treasurer shall have the same power to levy and collect the
said several sums of money by distress and sale of 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 diligence. If any such sums in
such assessment roll shall remain unpaid and the treasurer shall
not be able to collect 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 assessnent 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 ordi-
nance 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


8o
REVISED ORDINANCES OF THE
other person interested in the premises, within the limits herein-
after mentioned:
You are hereby notified that assessments are about to be
made upon you to defray the expense of (grading or paving) in
front of, or adjacent to certain premises owned or occupied by
you, respectively, on street, between , in the city of
Ann Arbor, State of Michigan; and also that a report of assess-
ment roll has been made in the premises, which is on file in the
office of the recorder of said city, where it will remain open for
your inspection until the day of , A. D. 18—, when
the common council will meet and review said roll, and you
may appear and show cause before said council at its usual place
of meeting in said city, on said day last mentioned, why the said
assessment should not be made and collected according to law.
By order of the common council.
Recorder.
Dated at the city of Ann Arbor, this day of , A.
D. 18—.
(After the time mentioned in the notice, and on filing an
affidavit thereof, let a resolution of the following form be en-
tered on the journal :)
Whereas, It appears by affidavit on file, that due notice
has been given to the owners and occupants of premises fronting
on street, between , in the city of Ann Arbor, that the
common council would on the day of , A. D. 18—,
meet and review the report or assessment roll filed by the recor-
der on the day of , A. D. 18—, for the purpose of
in front of said premises; And whereas, no person has ap-
peared before the common council to object to said assessment
or the confirmation thereof (if there be any objection say after
the word Whereas—all objections thereto have been duly con-
sidered,) therefore,
Resolved, That said assessment roll is hereby approved and
confirmed, that the description of premises, and the names of
persons contained therein are received as correct, and that the
sums which the said assessment roll states to be correct ones


CITY OF ANN ARBOR.
81
which each individual or set of individuals should be assessed at
and pay, be the assessment and be collected from the respective
persons liable to pay the same according to law, and be a lien
upon said separately described portions of real estate.
(Then let the recorder endorse on the roll the words "ap-
proved and confirmed by the common council this day of
, A. D. 18—.")
Sec. 14. This ordinance shall take effect and be in force
from and after its passage.


82
REVISED ORDINANCES OF THE
TITLE II.
OF THE FIRE DEPARTMENT.
CHAPTER X.
AN ORDINANCE RELATIVE TO THE FIRE DEPARTMENT OF THE CITY
OF ANN ARBOR.
[Passed June 17, 1S51.]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor.
Section 1. The fire department of the city of Ann Arbor
shall consist of a chief engineer, two assistant engineers, two
fire wardens in each ward, and so many fire engine, hook and
ladder, hose and bucket companies as the common council shall
from time to time direct. The chief and assistant engineers and
fire wardens shall be appointed 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, control
and command over all persons whatever, at any fire, except mem-
bers of the common council; and in his absence the assistant
engineers shall perform his duties. In the absence of the chief
and assistant engineers from any fire, the mayor, and in his ab-
sence, the recorder shall discharge the duties of chief engineer
until the proper officer 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 department, and shall from time


CITY OF ANN ARBOR.
83
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 injured,
and the names of the owners or occupants thereof, and the esti-
mated 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 per-
sons from the fire and its vicinity; to form lines for the convey-
ance 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 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 resist,
hinder or obstruct any officer or other person in the discharge of
his duty at such fire, or who shall wilfully injure any hose or
apparatus belonging to the fire department, may be arrested and
detained in custody by any fire warden until such fire is extin-
guished; and such person shall for every offense, forfeit and
pay a fine of ten dollars, and be liable to an action for the re-
covery of damages.
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 the fire wardens by sections four and five of this ordi-
nance.
Sec. 7. The officers of any fire or hose company author-
ized by the common council shall consist of a foreman, a first
and second assistant foreman, four wardens, a secretary, treas-


84
REVISED ORDINANCES OF THE
urer and steward, and not less than fifty or 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 member of the com-
pany 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 immediately upon
the alarm thereof to their respective fire apparatus, and convey
the same to the place where such fire shall happen, and under
the direction of the chief engineer and their several officers to
work and manage their engines and apparatus belonging thereto,
for the extinguishment of the fire, and not remove therefrom but
by the direction of the chief engineer, or other officer author-
ized to direct them, which direction being obtained they shall
return with their engines and implements to their several places
of deposit, and as soon thereafter as may be, wash and clean the
same.
Sec. 9. It shall be the duty of the foreman of every com-
pany belonging to the fire department to return to the common
council the names of all the persons composing such company,
stating the times when they severally became such members;
and when any person shall for any reason have ceased to be a
member, the foreman shall certify that fact to the common
council, and any person whose name shall be returned by the
foreman as a member of any company may apply to the recorder
annually and obtain a certificate of his membership, which shall
for one year thereafter be prima facie evidence of his member-
ship, and shall exempt him from service on juries, from mili-
tary duty in time of peace, and from the payment of a poll
tax.
Sec. 10. It shall be lawful for the chief engineer, or assist-


CITY OF ANN ARBOR.
85
ant engineers, or the foreman or assistant foreman, or any fire
warden or member of the common council to require the aid
of any inhabitant of said city in drawing any fire engine or
other apparatus of the fire department to any fire, or to require
the aid of any by stander at the fire to work any engine or
apparatus at the same, and on neglect or refusal to comply with
such requisition, without sufficient excuse, such person may be
forthwith removed from the vicinity of the fire, or he may be
arrested and detained in custody until the fire shall be extin-
guished, and shall be liable to a penalty not exceeding ten
dollars.
Sec. 11. The marshal, deputy marshal, and every consta-
ble in said city shall repair immediately on the alarm of fire to
the place where such fire may be, and report himself to any
member of the common council, and aid and assist as well in
extinguishing the fire as in preventing any goods or property
from being stolen or injured, and in protecting, removing, and
securing the same; they shall also aid in the preservation of the
public peace, and the arrest or removal of all idle and sus-
pected persons; and if the marshal or any constable shall neg-
lect or refuse to obey any lawful order of any member of the
common council, or the chief engineer or any other officer au-
thorized to direct at any fire, he shall pay a fine not exceeding
twenty dollars.
Sec. 12. Any hook and ladder company, or any persons
present at a fire shall, under the direction of the chief engineer
and two members of the common council, or in the absence of
the chief engineer, then under the direction of the assistant
engineers and two members of the common council, or in the
absence of the chief and assistant engineers, then under the
direction of three members of the common council and of the
foreman of a fire company, cut or pull down and remove any
building, fence or other erection, for the purpose of checking
the progress of the fire.
7


86
REVISED ORDINANCES OF THE
CHAPTER XI.
AN ORDINANCE RELATIVE TO THE PREVENTION OF FIRES.
[Passed June 17, 1851.]
Be it Ordnlncd by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section 1. That the fire wardens of the respective wards
shall examine into and correct any infraction of the ordinances
made for the protection of the city from fires in their respective
wards particularly, and the city generally, and shall make re-
ports to the common council respecting danger from exposure to
fires, on the first Mondays in June and December in each year;
and any neglect of such duty shall subject the fire warden to a
fine of five dollars, and to removal from office.
Sec. 2. It shall be the duty of the fire wardens or any two
of them, twice in each year, in the months of May and Novem-
ber, and as much oftener as they may deem proper, between
sunrise and sunset, to enter into any house or building, yard or
premises in the city and examine the fire places, chimneys, stoves
and pipes thereto, and other apparatus likely to cause fires; also
places where ashes, hay, straw, shavings or other combustible
materials may be lodged, and to give such directions in regard
thereto to the owner or occupant of such premises either for the
removal, alteration or better care and management thereof as
they may deem necessary to protect the city from fire; and
such direction shall be complied with by the person or persons to
whom they shall be given, and at the expense of such owner or
occupant.
Sec. 3. The said wardens shall have authority to cause
chimneys to be burned out or otherwise cleaned, whenever they
shall think it necessary—to require chimneys in blacksmiths'
shops and furnaces to be so constructed or altered as to pre-
vent sparks from exposing buildings to fire, and to remove or
abate, with the consent of the mayor, recorder, or any alder-
man, (if the owner or occupant shall neglect to do so,) any


88
REVISED ORDINANCES OF THE
ceeding two hundred pounds weight, at any one place in said
city, with such protection against fire as they shall think
proper.
Sec. 7. No person shall fire or set off any squib, cracker,
gunpowder or fire works, or fire any gun or other species of
fire-arms, except cannon, within the limits of this city, unless by
the written permission of the mayor or two aldermen; which
permission, shall limit the time of such firing, and shall be sub-
ject to be revoked at any time by the common council. And
any person violating any provisions of this section shall forfeit
and pay a penalty not exceeding five dollars for each offense.*
Sec. 8. Every person who shall fire a cannon within the
limits of said city of Ann Arbor, and every person who shall aid
or assist in the firing or causing to be fired any cannon within
said limits, and every 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 of the
County of Washtenaw for the term of thirty days, or shall be
punished by both fine and imprisonment; and in case of prose-
cution 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.f
Sec. 9. It shall not be lawful for any person hereafter,
without permission of the common council, to erect or place any
building or part of a building or any part of a block fronting or
cornering on the Court House square, nor on any lot fronting on
Main street, or Detroit street between North street and the Mich-
igan 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 cov-
ered with wood, then at least two feet: Provided, That nothing
contained in this section shall be construed as prohibiting the
erection within the limits aforesaid, of any building of wood
which shall not be more than eight feet square, nor of any wood
*As amended July 2, i860.
|As amended July a, i860.


CITY OF ANN ARBOR.
89
house 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 exceed twenty-four feet in
length, sixteen feet in width, and twelve feet in height from the
common surface 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 con-
sent of the council (nor shall more than one such wood-house or
barn be allowed without such consent on any one lot or premises
occupied as one tenement). No barn, privy, hog-pen, slaugh-
ter-house, or any other building which shall be used or occupied
for any purpose liable to prove detrimental to the public health,
or a nuisance to the adjoining occupant or to the public shall be
built fronting 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 building
within the limits specified in section nine of this ordinance con-
trary to the provisions thereof, the owner or owners, 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 re-
main after notice from any member of the common council or
fire warden to remove or alter the same.
Sec. n.f
CHAPTER XII.
AN ORDINANCE SUPPLEMENTARY 10 AN ORDINANCE RELATIVE TO
THE PREVENTION OF FIRES.
[Passed November 20, 1865 ]
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
* As amended Oct. 10, 1871.
t Repealed July 11, 1870.





CITY OF ANN ARBOR.
93
TITLE III.
OF POUNDS.
CHAPTER XV.
AN ORDINANCE RELATIVE TO POUNDS AND TO PREVENT CATTLE
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 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 another is appointed in his place.
Sec. 2. It shall be the duty of each pound-keeper to re-
ceive 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 de-
scription of the animals sold, the amount for which it was sold,
with the name of the purchaser, the cost and charges against
such, crediting 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 treasur-
er'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 balances in his hands.


94
REVISED ORDINANCES OF THE
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,
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, to-
gether with reasonable charges for keeping and feeding, not ex-
ceeding 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 postoffice in said
city, -except the geese and ducks, which may be sold after forty-
eight hours' detention without notice, two or more bidders being
present; the pound-keeper shall be entitled to receive out of
proceeds of the sale fifty cents for advertising each lot of animals
and five per cent, on amount of sale for selling, he shall return
the surplus to the owner of such animal, provided it shall be de-
manded previous to its being paid to the city treasurer.
Sec. 5. It shall be the duty of the marshal, and each of
his deputies, to carry the provisions of this ordinance into effect,
and upon complaint, before any justice of the peace in said city,
of a neglect or failure, after due notice, to drive or cause to be
driven to the pound, any horse, mare mule, colt, bull, ox, steer,
cow, calf, hog, shoat, pig, sheep, goose, or duck found running
at large in said city, with proper proof thereof, he shall, on con-
* As amended April 21. 1S75.


CITY OF ANN ARBOR.
95
viction, be sentenced to a fine of not less than one dollar nor
more than five dollars, together with cost of prosecution.
Sec. 6. If either of the pound-keepers shall refuse to re-
ceive any animals driven to the pound, in accordance with this
ordinance, or shall wilfully neglect any other duty hereby pre-
scribed, he shall, upon conviction, pay a fine of one dollar and
costs of prosecution, and if he shall neglect to render a correct
account and to pay over whatever balance there may be in his
hands, according to section two, he shall, upon complaint and
conviction before any justice of the peace in said city, pay a fine
of not less than ten dollars, together with the amount of all
moneys ascertained to be in his hands, and costs of prosecution.
Sec. 7. If any person shall wilfully break or attempt to
break either of the pounds in said city, or rescue or attempt to
rescue any animal confined therein, or while being driven there-
to, or attempt to prevent the same from being retaken, provided
it shall have escaped, he shall, upon conviction thereof, be fined
not exeeding fifty dollars and costs of prosecution, or imprison-
ed te.n days and costs of prosecution, or both, according to
discretion of the court.
An ordinance entitled " An ordinance to prevent hogs run-
ning at large," an ordinance relative to cattle running at large,
an ordinance relative to hogs and cattle running at large, an or-
dinance amendatory of the same, and all other ordinances incon-
sistent with the provisions of this ordinance are hereby repealed.
CHAPTER XVI.
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 Ar-
bor, Thai the " Ordinance relative to pounds and Impounding cattle," is
hereby amended as follows:
Section 1.*
Sec. 2. When any cow or other animal shall have entered
♦Repealed October 5, 1S74.





CITY OF ANN ARBOR. » 99
CHAPTER XIX.
AN ORDINANCE TO ABATE AND REMOVE NUISANCES AND PRE-
SERVE HEALTH.
[Passed March 4, 1872.]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section i. That no person shall by himself or by another
throw, place, deposit, or leave, in or upon any street, highway,
lane, alley, sidewalk, public space or square within the limits of
the city of Ann Arbor, any animal or vegetable substance, dead
animal, fish, shells, shavings, dirt, rubbish, excrement, filth, or-
dure, slops, unclean or nauseous water or liquor, hay, straw,
ashes, cinders, soot, offal, garbage, swill, or any other article or
substance whatever which may cause any noisome, offensive or
unwholesome smell; and in case any such animal or vegetable
substance, dead animal, fish, shells, shavings, dirt, rubbish, excre-
ment, filth, ordure, hay, straw, ashes, cinders, soot, offal, garbage,
swill or any other article or substance whatever which may cause
any noisome, offensive or unwholesome smell shall be found in
or upon any such street, highway, lane, alley, sidewalk, public
space or square, it shall be the duty of the owner or occupant of
the lot or premises in front of which such animal or vegetable
substance, dead animal, fish, shells, shavings, dirt, rubbish, ex-
crement, filth, ordure, hay, straw, ashes, cinders, soot, offal, gar-
bage, swill or any other article or substance whatever, which may
cause any noisome, offensive or unwholesome smell, shall be
found, to remove the same immediately.
Sec. 2. The owner or owners and occupant or occupants
of each store, shop, or place of business fronting, abutting upon
or adjoining to any street in said city, shall, on Friday evening of
each week, from the fifteenth day of March to the fifteenth day
of November, scrape, gather and sweep into convenient heaps
and piles, all the filth and rubbish found in the street to the cen-


IOO
, REVISED ORDINANCES OF THE
ter thereof, in front of, abutting upon or adjoining to such store,
shop, or place of business, so that such filth and rubbish may be
quickly and readily collected into wagons or carts for removal
from the street; and shall also, at all times, keep the gutters of
such street free from all rubbish or other matter which may
impede the free and ready flow of water through such gutters, or
which shall cause filthy or stagnant water to stand in such gutters.
Sec. 3. No distiller, brewer, soap boiler, tallow chandler,
dyer, machinist or other person, shall himself or by another, dis-
charge out of or from any still house, brewery, soap or candle
factory, dye-house, work-shop, factory, machine shop, tannery,
dwelling-house, kitchen or other building, any foul or nauseous
liquid, water or other substance, into or upon any highway, side-
walk, street, lane, alley, public space or square, or into any adja-
cent 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 carcase, pu-
trid, offensive or unsound beef, pork, fish, hides, skins, bones,
horns, stinking or rotten soap grrase, tallow, offal, garbage or
other animal or vegetable matter or substance, 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, with-
in 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, tal-
low chandler's shop, soap, candle, starch or glue factory, butcher-
shop, slaughter-house, stable, barn, privy, sewer, or other build-
ing 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 pub-
lic space, nor suffer the water used for such purposes to flow over
any sidewalk, street or public space.
Sec. 8. The keeper of any livery or other stable shall keep


CITY OF ANN ARBOR.
IOI
the stable and stable-yard clean, and shall not permit, between
the first day of June and first day of November, more than two
cart-loads of manure to accumulate in or near the same at any
one time.
Sec. 9.*
Sec. 1 of.
Sec. 11. No person shall allow any green or salted hides
to remain on any street, sidewalk, or other open place within
said city longer than one hour.
Sec. 12. No person shall collect or confine hogs, in pens,or
otherwise, so as to become offensive to his or her neighbor or
neighbors.
Sec. 13. No person shall place, deposit, throw or keep in
the waters of the Huron river, Allen's creek or Traver's creek,
within said city limits, any straw, hay, green boughs, manure,
vegetables, perishable substance, excrement, carcass, bones, horns,
shells, meats, hides, offals, garbage or any unwholesome or de-
cayed matter or thing whatever.
Sec. 14. Every dwelling-house, store, manufactory or shop
hereafter built within the limits of the city of Ann Arbor shall
be provided with a suitable privy, the vault of which shall be
walled up with two-inch plank, brick or stone, and be sunk at
least four feet below the level of the earth. The inside of such
vault shall be at least one foot distant from the line of every ad-
joining highway, street, lane, alley or lot.
Sec. 15. No privy shall be emptied between the first day
of June and the first day of October, unless by the written per-
mission of the mayor, an alderman, or a member of the board of
health. Privies shall be emptied between the hours of ten p. m.
and three a. m., and at no other time.
Sec. 16. Any cart, wagon or other vehicle, used or in-
tended to be used for the purpose of conveying swill, offal, gar-
bage, excrement, ordure or night-soil, shall be perfectly tight and
covered, so as to prevent the contents thereof from leaking or
* Repealed by ordinance passed November 8, 1875.
t Repealed by ordinance passed November 8, 1875.
8


REVISED ORDINANCES OF THE
TITLE V.
OF CEMETERIES.
CHAPTER XXI.
AN ORDINANCE FOR THE PROTECTION, MANAGEMENT AND GOVERN-
MENT OF CEMETERIES AND BURIAL GROUNDS.
[Passed May nth, 1863 ]
Be H Ordained by the Mayor, Recorder and Aldtrmen of the City of Ann
Arbor—
Section 1. That if any person or persons shall wrongfully
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 destroy, 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, 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 hereinbefore mentioned
in any inclosed cemetery or burial ground in this city, or shall
willfully injure or trample or go upon any grave or any 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 otherwised worked and improved by or for
any person, family, 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 improve-
ment, 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


CITY OF ANN ARBOR.
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 im-
prisonment in the county jail not exceeding thirty days, or by both
in the discretion of the Court, or Justice before whom the offen-
der 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 appointed.
Sec. 3. That the following rules and regulations for the
protection, management and government of Forest Hill Ceme-
tery only, in said city be and the same are hereby made and pre-
scribed, 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 road) except in and along
the avenue and in and along such paths as may be graded and
graveled for that purpose and designated by a guide board or
sign pointing them out as "carriage paths," nor along any ave-
nue or carriage paths faster than a walk.
No horse or team shall be fastened or hitched in said ceme-
tery, except at a post provided for that purpose, or left un-
hitched therein without a keeper. No person or persons visiting
said cemetery shall take any dog or firearms 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 except for
the purpose of leaving them therein and no person shall pick or
gather any cultivated flower in said cemetery, or remove, break,
cut or mark any tree, shrub or plant, or any branch or part


106 REVISED ORDINANCES OF THE
thereof, or any thing growing or being thereon, nor shall any
person take any flowers from the said cemetery.
No person shall throw or put any thing in any pond, basin
or reservoir of water in said cemetery, or in any manner disturb,
rile 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 thereof before any Jus-
tice 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 imprisonment in the county jail not exceeding
ten days, or by both in the discretion of the Court or Justice be-
fore whom the offender shall be tried.
These rules and regulations shall not apply to the superin-
tendent 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 offi-
cers of the cemetery company, or of 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 respects
observe the proprieties of a place consecrated to the tender asso-
ciations between the living and the dead they have lost and
mourn, and if any person or persons shall commit any tres-
pass in the cemetery, or violate any of these rules or regulations,
or conduct or converse in a rude, boisterous, unseemly or im-
proper manner, the superintendent or any person employed by
the cemetery board, or any committee thereof and having
charge of the grounds at the time, may remove and keep out
any and every such offender from the cemetery grounds.


CITY OF ANN ARBOR. I07
CHAPTER XXII.
AN ORDINANCE RELATIVE TO THE GOVERNING AND CONTROLLING
OF THE CEMETERY IN THE FIFTH WARD.
[Passed June 7th, 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 deed shall
be executed 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 ceme-
tery, and said money or moneys may be drawn out of said treas-
ury for making improvements, upon the allowance or recom-
mendation of not less than two of said commissioners, upon an
order on the city treasurer, said order being first approved by the
common council, 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 cemetery, and
such regulations shall be recorded by the commissioners 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 necessary for beautifying


108 REVISED ORDINANCES OF THE
or improving said cemetery, and collect 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 commission-
ers, 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 com-
mon 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 appoint 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 remove 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 receive no
pecuniary compensation for their services, and upon the death,
resignation or removal of any of said commissioners, the com-
mon council shall, as soon as may be, appoint another to fill the
vacancy for the unexpired portion of his term.
Sec. 7. The said commissioners shall make report in de-
tail on the first Monday in January of each year to the common
council of the city of Ann Arbor, of all receipts and expendi-
tures on account of said cemetery, its condition, number of lots
sold, price paid and money expended for improvements or other-
wise.
Sec. 8. This ordinance shall take effect and be in full force
from and after its passage.





CITY OF ANN ARBOR.
TITLE VI.
OF GAS WORKS.
CHAPTER XXIII.
AN ORDINANCE RKLATIVE TO GAS WOKKS.
[Passed April 2d, 1858.]
Whereas, It is desirable that this city shall be lighted with
gas, and in order to induce any company to undertake to supply
gas for that purpose it is necessary to secure to such company
certain exclusive rights and privileges, subject to certain restric-
tions and conditions; and Whereas, The Ann Arbor Gas Light
Company, a corporation recently formed in Ann Arbor for that
purpose, has proposed to light the city with gas upon the terms
hereinafter mentioned—Therefore,
Beit Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
That the exclusive right and privilege of erecting gas works
within this city, and of laying and continuing gas pipes along
and across any and all of the streets, sidewalks, lanes, alleys and
public grounds in said city, and of manufacturing gas in said
city for sale for light, and of supplying said city and the build-
ings and streets therein with gas for lighting the same, be and
is hereby granted and secured to the "Ann Arbor Gas Light
Company," upon the conditions and under the restrictions here-
inafter mentioned, so long as said company shall continue to sup-
ply gas for lighting said city, and shall comply with the restric-
tions and conditions hereinafter mentioned: Provided, however,
and this grant is made subject to the following restrictions and
conditions, to wit: That said company shall within sixty days
make and file with the recorder, to be recorded and preserved, a
copy of the articles of association of said company, and a writ-


no
REVISED ORDINANCES OF THE
ten assent of said company to the provisions of this ordinance,
and the agreement by the said company, signed by the officers of
said company to erect gas works in said city, and to manufacture
and supply gas as hereinafter mentioned; that said company
shall within three months commence the erection of gas works
in said city, and shall within one year lay down at least fifteen
thousand feet of main gas pipe in said city, and shall supply and
continue to supply all persons along the lines of such main pipe
who may suitably supply their premises and buildings with ser-
vice pipe and fixtures for receiving and burning gas, and who
may require and pay for the same and sign the rules and regula-
tions usual with gas companies, with gas of as good quality as
that furnished by the Detroit gas company, at a rate not exceed-
ing, exclusive of a reasonable rent for meters, four dollars per
thousand cubic feet for private lights, and to the corporation of
the city of Ann Arbor, for public lamps, at a rate not exceeding
three dollars and fifty cents per thousand cubic feet; and that
thereafter, as other parts of the city may become more compact-
ly built, so as to afford responsible applicants as consumers of
gas in twenty different buildings who shall agree to take and con-
tinue to use and pay for gas therein for each additional one
thousand feet of main pipe, the said company shall within a rea-
sonable time after such application for that purpose extend gas
pipes and furnish gas upon the terms aforesaid to such additional
buildings of said applicants; and that said company, in digging
for and laying gas pipes, shall take care not unnecessarily or un-
reasonably to obstruct or injure any street, sidewalk, lane pr al-
ley, and shall with reasonable diligence restore such street, side-
walk, lane or alley to as good a state of repair as the same was
in before disturbed by said company, and shall in all respects
fully indemnify and save harmless the city of Ann Arbor from
and against all damages or costs which the city may be put to or
sustain by reason of such digging; and in case the dividends of
said company shall average or exceed fifteen per cent, per an-
num, the common council may, at any time, after giving to said
company thirty days' notice to show cause against such reduction,


CITY OF ANN ARBOR.
"S
persons offending under this act, and, without unreasonable de-
lay, 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 intoxication, to be tried
immediately, it shall be his duty to order such person to be com-
mitted to the county jail for such time as he may judge necessary,
not exceeding forty-eight hours, previous to trial.
CHAPTER XXVI.
AN ORDINANCE RELATIVE TO BREACHES OF THE PEACE AND DIS-
ORDERLY CONDUCT.
[Passed August 4, 1856.J
Be It Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section l. Any person who may hereafter be found lurk-
ing, 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 punished by a fine, not exceeding one
hundred dollars, or imprisonment in the county jail, not exceed-
ing 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, by blow-
ing horns, ringing bells, or other improper diversion or noise, or
who shall be guilty of any indecent, immoral or insulting con-
duct, 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 purposes, 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 fore-
going section.


n6
REVISED ORDINANCES OF THE
Sec. 3. Any person or persons who shall, within the lim-
its of said city, keep a disorderlj 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 suf-
fer 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, reveling, prostitution, rioting or disturbance, every
person or persons so offending, or who shall aid or assist in any
manner, in offending in the premises, shall on conviction thereof,
be liable to the punishment mentioned in the first section of this
ordinance.
Sec 4. No person shall raise or fly any kite in any of the
streets, 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 au-
thorized 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 limits 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 in-
cumbrance or obstruction in any of the streets, lanes or alleys
of said city during the night season; and any person offending
herein, on conviction, shall pay a fine, not exceeding twenty dol-
lars and costs of prosecution, and it shall be the duty of the mar-
shal to remove all such obstructions.
Sec. 7. It shall not be lawful for any person other than a
public officer in the discharge of his official duties, unless au-
thorized by the common council, in writing, to sell or offer for
sale by auction or otherwise, at wholesale or retail, in or upon
any part of the public grounds, streets, or sidewalks of the city
of Ann Arbor, or upon any vacant lot in said city, not owned by


CITV OF ANN ARBOR.
117
him or property leased from the owner thereof, any liquors, gro-
ceries, medicines, nostrums, jewelry, pies, cakes or merchandise;
and every person offending against the provisions of this section
shall, on conviction, be fined a sum of not less than one dollar
nor exceeding twenty dollars, and costs of prosecution. And it
shall be the duty of the marshal, sheriff, or any constable, to
forthwith arrest all persons offending against the provisions of
this section, and take them before a magistrate for examination;
and it shall further be the duty of the marshal, sheriff, or any
constable, to forthwith remove as a public nuisance, any and all
tables, boxes, benches, tents, booths, vehicle, thing or things
whatsoever, employed, or attempted or intended to be employed,
in any sale contrary to the provisions of this section.*
Sec. 8. No person shall leave any horse or horses attached
to any cart, wagon, carriage or other vehicle in any part of the
public streets of said city without being sufficiently tied or hitch-
ed, under a penalty, not exceeding ten dollars and costs of prose-
cution, for each offense.
Sec. 9. For any breach of any of the ordinances of said
city of Ann Arbor, in the night time, it shall be the duty of the
marshal, sheriff, or any constable, to arrest the persons, and either
take them forthwith before a magistrate, 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 until Monday, and then bring him before a magis-
trate for examination.
CHAPTER XXVII.
AN ORDINANCE RELATIVE TO DISORDERLY CONDUCT.
[Passed February 18, 1857.]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section 1. If any person shall on the arrival or depart-
ure of any railroad cars at or from said city, or for the period
*As amended June 5, 1S65.
9


CITY OF ANN ARBOR.
121
CHAPTER XXX.
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 side-
walk within said city, or leave the same standing thereon.
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 William 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 ordinance
shall be punished by a fine, not exceeding ten dollars for each
offense, and costs of prosecution, and in default of payment
thereof, by imprisonment in the county jail, not exceeding
twenty days.
Sec. 4. An ordinance of said city entitled, "An ordinance
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," made and passed January 16,1871,
and all other ordinances amendatory thereto are hereby repealed.
Sec. 5. This ordinance shall take effect from and after
legal publication.
s


122
REVISED ORDINANCES OF THE
CHAPTER XXXI.
AN ORDINANCE TO PROHIBIT GAMING WITHIN THE CITY OF ANN
ARBOR.
[Passed May 6th, 1857.]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section 1. That any person or persons gaming for money
with cards, dice, billiards, nine or ten pin alleys, wheels of for-
tune, tables, ball alleys, boxes, machines, or other instruments or
devices of any kind, in any grocery, store, shop, tavern, street,
alley, room or any other place within said city, shall be punished
on conviction thereof, by a fine not less than five dollars, nor
more than one hundred dollars, or by imprisonment for a period
not to exceed thirty days, or both such fine and imprisonment,
together with all costs of suit, in the discretion of the court.
Sec. 2. Any person or persons keeping the building, in-
struments or means for said gaming, shall be punished by the
same fine or imprisonment, or both, as is prescribed in the pre-
ceding section.
Sec. 3. Any instrument kept for the purpose of gaming
for money shall, upon conviction of the person or persons keep-
ing the same, as is prescribed in the preceding section, be de-
stroyed by the marshal of the city of Ann Arbor, under the or-
der 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


126
REVISED ORDINANCES OF THE
poses, and any person who shall offend against either of the fore-
going 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 prosecution, and in default of
payment thereof shall be imprisoned in the county jail not ex-
ceeding sixty days.
Sec. 2. This ordinance shall be published for two weeks
successively in the Michigan Argus and Peninsular Courier and
Family Visitant, the two newspapers published in said city of
Ann Arbor, and shall take effect at the expiration of fifteen days
after the first insertion in said papers.
CHAPTER XXXIV.
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, theatrical representation, ball,
dance, game or play on the first day of the week called the Sab-
bath or Sunday.
This section shall not be construed to prevent druggists
from furnishing medicines and prescriptions, nor to prevent the
furnishing of meals and lodging to travelers and boarders. But
nothing herein contained shall authorize the furnishing of intox-
icating liquors to any person.
Sec. 2. Any violation of the provisions of this ordinance
shall be punished by a fine of not less than ten dollars nor ex-
ceeding one hundred dollars, or by imprisonment in the Wash-


CITY OF ANN ARBOR.
127
tenaw 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 pres-
ervation 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 affect any act done
or proceedings commenced, or any penalty or fine incurred or
imposed thereunder.
Sec. 4. This ordinance shall take immediate effect.
CHAPTER XXXV.
AN ORDINANCE TO PRESERVE PUBLIC PEACE AND GOOD ORDER.
[Passed Feb. 27, 1872 ]
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, pleas-
ure or amusement, before the hour of four o'clock in the morning
or after the hour of eleven in the evening of any day of the
week.
This section shall not be construed to apply to telegraph
and railroad offices, printing establishments, manufacturing estab-
lishments driven by water or steam power, and livery stables,
nor to public lectures, meetings, balls, dances and musical con-
certs at which the public at large are accustomed to attend, nor
to public shows and exhibitions that shall be duly licensed by
authority of the common council, nor to prevent druggists from
furnishing medicines and prescriptions, nor to prevent the fur-
nishing of meals and lodging to travelers and boarders. But
nothing herein contained shall authorize the furnishing of intox-
icating liquors to any person.





132
REVISED ORDINANCES OF THE
city of Ann Arbor, or to carry any person 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 omni-
bus 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 Ar-
bor, of the age of twenty-one years, or upwards, of good moral
character, upon his paying into the city treasury the sum of four
dollars and fifty cents, and the recorder's fee, and to any person,
a non-resident of the city of Ann Arbor, of twenty-one years or
upward, of good moral character, upon his paying into the city
treasury the sum of nine dollars and fifty cents, and the record-
er's fee, for each hackney carriage or omnibus kept as aforesaid,
and executing a bond to the mayor, recorder and aldermen of
the city of Ann Arbor, in the penal sum of one hundred dollars,
with one or more sureties, to be approved by the common coun-
cil of said city, conditioned for a faithful observance of the char-
ter 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 carriage or omnibus, with the name of the person to
whom granted.
Sec. 4. No person shall drive or be permitted to drive any
hackney carriage or omnibus without being licensed as a public
driver, by the recorder.
Sec. 5. The recorder is hereby authorized te grant licenses
to residents of the city of Ann Arbor, of the age of twenty-one
years and upward, of good moral character, to act as drivers of
hackney carriages or omnibuses on the person applying for such
license, paying into the city treasury the sum of seventy-five
cents, and if a non-resident the sum of one dollar and seventy-
five cents, together with the recorder's fee, and executing a bond
to the mayor, recorder and aldermen of the city of Ann Arbor,


CITY OF ANN ARBOR.
137
ously in plain, legible figures at least two inches long, upon each
side of his dray.
Sec. 5. The owner or driver of a licensed dray shall be
entitled to demand and receive the following compensation and
no more: For removing or transporting furniture a distance of
not exceeding one mile, fifty cents per load, and ten cents for
each additional mile or fractional part thereof; for conveying
any other articles a distance not exceeding one mile, twenty-five
cents, and ten cents for each additional mile or fraction thereof.
All disputes or disagreements as to distance or rates of compen-
sation between draymen and persons employing them, shall be
determined by the mayor, whose decision shall be final.
Sec. 6. No drayman shall be guilty of any deceit or mis-
representation in the exercise of his duties.
Sec. 7. No drayman shall cruelly beat or torture any horse
or other animal, whether belonging to himself or another.
Sec. 8. The iron tire around the wheel of a dray designed
to carry twenty-five hundred pounds or more, shall not be less
than three inches in breadth, and the nails with which the tire is
nailed or fastened to the wheel, shall be sunk into the iron or
tire, so that the nails shall not project beyond the surface thereof.
Sec. 9. No drayman shall refuse to be employed unless
otherwise actually engaged; nor shall any drayman neglect or
refuse to carry such a load as can be safely and conveniently
stored on his dray and drawn by his horse or horses, mule or
mules.
Sec. 10. A drayman shall be entitled to receive the com-
pensation provided in this ordinance, immediately on the trans-
portation of his load, and, unless so paid, he may retain the ar-
ticles or things so transported until the matter is determined by
the mayor, whose decision shall be final.
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 cross-walk, so as to obstruct or hinder travel, or place the
same crosswise of any street, except in loading and unloading,


CITY OF ANN ARBOR.
139
CHAPTER XL.
AN ORDINANCE FOR THE ISSUE OF LICENSES.
[Passed May II, 1S68 ]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section 1. No person except the recorder, and in his ab-
sence the mayor, shall be authorized to issue any license in pur-
suance of any ordinance made by the common council of the
city of Ann Arbor, unless otherwise ordered by the common
council, and he shall make and keep a correct 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 afore-
said 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 purporting 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.


140
REVISED ORDINANCES OF THE
TITLE IX.
MISCELLANEOUS ORDINANCES.
CHAPTER XLI.
AN ORDINANCE DECLARING THE RECORDER OF THE CITY EX-OFFICIO
CITY CLERK.
[Passed September 30, 1851.]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section 1. That the recorder of the city of Ann Arbor be,
and he is hereby declared to be, ex-officio city clerk of the crty
of Ann Arbor.
CHAPTER XLII.
AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT OF FENCE
VIEWERS.
JPassed August 4, 1851.]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor—
Section 1. That it shall and maybe lawful for the com-
mon council, annually, to appoint one fence viewer in each ward,
who shall hold their offices until the first Monday in June next
after their appointment, and until their successors shall be ap-
pointed and qualified, who shall, before entering upon the duties
of their office, take the usual oath of office, and who shall sev-


CITY OF ANN ARBOR.
147
five dollars, nor exceeding one hundred dollars, and in default of
payment thereof, by imprisonment 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.
Sec. 5. Any violation of section three of 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 dollars, nor more
than twenty dollars, and in default of payment thereof,by impris-
onment 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 relative 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.
CHAPTER LI.
an ordinance to give effect to the revised ordinances
OF 1876.
[Passed February 7, 1876.]
Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann
Arbor.
Section 1. That the edition of the ordinances of the city
of Ann Arbor revised, compiled, and published in pursuance
of the resolution of the common council, adopted October 4,
A. D. 1875,shall be called the Revised Ordinances of the city of
Ann Arbor, and the same, together with this ordinance, shall
take effect and go into operation from and after the first day of
March, a. d. 1876.
Sec. 2. All by-laws and ordinances or parts of by-laws and
ordinances, except as embraced and included in the edition of
ordinances so revised, compiled and published, as aforesaid,
shall be and are hereby repealed; said repeal to take effect from
and after the first day of March, a. d. 1876.


148
REVISED ORDINANCES OF THE
Sec. 3. The repeal provided for in the preceding section,
shall not affect any act done, or any right accruing, or accrued,
or established, or any suit had or commenced for any purpose
whatever, before the time when such repeal shall take effect; nor
shall any offense committed, or penalty or forfeiture incurred un-
der any of the ordinances or by-laws repealed by the preceding
section, and before the time when such repeal shall take effect,
be affected by such repeal; and all suits pending and all prosecu-
tions for any such offense committed or penalty incurred may be
proceeded with, or prosecuted to final judgment and execution,
as if such repeal had not taken place.
Sec. 4. All persons who at the time when said repeal
shall take effect, shall hold any office under any of the ordinances
or by-laws, so as aforesaid repealed, shall continue to hold the
same according to the tenure thereof.
Sec. 5. Whenever any ordinance or by-law, or any part
thereof, shall be repealed by a subsequent ordinance or by-law,
such ordinance or by-law, or any part thereof, so repealed, shall
not be revived by the repeal of such subsequent repealing ordi-
nance or by-law.
Sec. 6. This ordinance shall take effect and be in force
from and after the first day of March, a. d. 1876.























150 INDEX TO CHARTER.
PAGE. SECTION
Board of health 39-42 1-11'
appointment of. 39 1
term of office, removal, etc 39 2
powers of 39 3
clerk of 42 10
record of, evidence 42 10
compensation of 42 11
Bridges 16 2
Buildings, line of 17 2
when unsafe 42 9
numbering of. . 19 2
Burial grounds 17 2
By-laws and ordinances, made by whom 21 10
Carcasses 17 2
Cartmen and carts 18 2
Carriages and hacks 18 2
Census 19 2
Cemeteries, regulations concerning 20 7
Chimneys, size of, etc 34 1
Chimneys, flues, stove-pipes, cleaning of 34 4
removing of 35 5
Chief engineer, duties of 38 15
City attorney, duties of 12 5
Circuses '5 *
and other exhibitions 15 2
City hall, market, almshouse, etc 21 8
Cisterns, public 36 7
Corporate name 6 1
seal 6 1
Commissioners of streets, powers and duties of. 13 9
of highways 28-29 1
Common council, composed of 14 1
when called together 14 1
powers of 14-15 1-2
powers of, exercised for what.. 14-22 1-10
as highway commissioners 30 2
duties of 48-49 4
Compensation for injury of firemen 37 12
Construction of acts by courts 49 8


INDEX TO CHARTER. 153
PAGE. SECTION.
Mayor and aldermen at fires 37 13
Marshal, powers and duties of 12 4
deputies of 12 4
can be removed by common council 9-10 7
or constable, fees of 30 1
Markets 17-18 2
Meetings, disturbance of 15 2
Manufacturers, dangerous 35 5
Meats, putrid 17 2
unwholesome 17 2
Moneys received for use of city 27 14
paid by warrant of mayor 28 14
Miscellaneous provisions 48 1-9
Notice to owners of land through which street has
been laid 31 3
Notice posted to inform non-resident owners of
street laid 31 3
Nuisances 15 2
Oaths, power to administer 48 1-2
Officers, city, to be elected and appointed 6-7 1
length of term 6-7 1
city, time of election 7 2
where and how elected 7 2
to be notified of their election 9 6
when to take the oath of office 9 6
city, to be appointed by common council, 9-10 7
duties of appointed... , 19 2
compensation of 19 2
fees of 47-48 1
bonds of 19 2
election and appointment of 6-10 1-8
powers and duties of 10, 14-21 1, 12-10
Office, vacant, how filled 9-10 7
when deemed vacant 10 8
Offices held underacts repealed 49 6
Omnibuses 18 2
Ordinances to be published 20 5
how long in force 49-50 5
Passengers, soliciting of 18 2


156
INDEX TO CHARTER.
PAGE. SECTION.
Vagrants, who are 46, 16 12, 2
Vegetables I7 2
Vote, to be canvassed 7, 8 .3
statement of, tiled with recorder 8 3
to declare and certify 8 8
Wards, city divided into 6 2
Watchmen ... 17 2
Water, supplying city with 19 3
Water-works 50 1-5
Warrants for collection taxes 26 9
of justice 4?-44 4
of justice, to whom directed 44 0
Wells and reservoirs 18-36 2-7
Weights and measures 19 2
Wine, impure 17-18 2
Wood 17 2


INDEX TO ORDINANCES. 159
PAGE. SECTION.
Earth, loam, gravel, etc , 116 5
Enclosure of owner of animals, not to be entered.. 96 8
Exhibitions, etc 129-130 1-3
license must be obtained 129 1
Fare, rates of, for hackney carriages. 134 12
for drays. 137 5
Fees for driving animals to pound 94 3
of pound-keepers 94 4
Fence viewers 140 1
term of office 140 1
Fire department 82-85 1-12
of what to consist 82 1
Fire wardens, by whom appointed 82 1
when appointed 82 1
duties of 83-86 4-5-2-5
Fire or hose company, government of. 83 7
duties of members 84 8
duties of foreman 84 9
Fires, prevention of 86-92 1,10,1-3
Fire-works • • • 88 7
Fines, when and where to be paid 142 1
Form in proceedings for paving streets 79-80 13
Gaming, to prohibit 122 1-4
Gas-works 109-111 1
Gongs 143 1
Gun-powder, the keeping of, in buildings 87 6
provision concerning 87-88 6-7
Hazardous buildings 90 2-3
Hawkers and peddlers 130 1-7
license of 130 1,2,3
Hackney carriages and omnibuses 118,131-135 1-5, 1-16
to be licensed... 132 3-5
what are 131 1
regulations at depot, 118 1-6
charges of 134 12
Health, public 97-103 1-3,1-16,1-4
Hog-pens, barns, privies, etc 88, 89,101 9,12
Horses upon sidewalks 57 6
Horses and cattle, not to be fed on streets 121 1-4
not to be driven on sidewalk 121 1


INDEX TO ORDINANCES. l6l
PAGE. SECTION ,
Mad dogs 141 1-2
Materials for paving 73 1
Meetings, disturbance of 114 1
Mistake in owners of taxable property 79 10
Moneys received for fines, paying over 142 1
Minors and students, selling liquors to 125 1
Night-walkers, pilferers, etc 114 2
Notice of assessment by Recorder 64,77 3,8
Notice of assessment 77 8
of assessment roll delivered 78 9
of sale of premises 60, 65, 78 2, 3, 9
Nuisances 99-102 1-19
on premises 99-100 2-3-4
Number on hackney carriage 133 6
Numberon drays 136 4
Numbering of buildings 144 1-4
Obstructions of streets and sidewalks 55-57-68 2-6-1
Officers of fire or hose-company 82-83 1,7
of fire or hose-company, how elected 82-83 1,7
Owners of hackney carriages not to refuse to con-
vey 133 8
Order and quiet, preservation of 114-115, 127 1-3, 1-9, 1-2
Ordinances, revised, to go into effect 147-148 1-6
Passage-way to cellars, leaving open 55-56 2
Paving of streets 73-81 1-13
injury to 79 12
Peace, breach of, punished 115 1-3
Penalty, costs added to fine 118 3
Physicians, duty of, to report small-pox, etc 102 1
fine upon for failure to report 102 3
Police of the city 112 1,9
Pounds, relative to 93-96 1-7, 2-3
two suitable 93 1
names of pounds 93 1
Pound-keeper 93 1
duties of 93 2-4-6
duties of Marshal 94 5
if payment be refused 94 4
Privies, when cleaned 101 14-15
Prostitution, reveling, etc 116 3


162
INDEX TO ORDINANCES.
PAGE. SECTION.
Proposals for grading or paving streets 75 5
sealed, to whom delivered 76 6
Projection of streets 55 2
Real estate, selling or leasing of 59, 66, 78 2, 3, 9
Reports of Fire Wardens on danger of fires 86 1
Regents of University, to lay water pipes 69 ]
Riot, charivari, etc 115 2
Railroad cars, arrival of 117-118 1-3
Reports of Commissioner upon expense of mak-
ing sidewalk 63 2
Reports of Commissioner, examination of, by Com-
mon Council 64 3
Reports of Commissioner upon sidewalks com-
pleted, etc 65 3
Report of sidewalk committee, force of 59 2
Record of sale for taxes 66 3
Recorder as city clerk 140 1
Revised Ordinances, when to go into effect 147 1-6
Rights of persons to drive animals to pound 95-94 2--3
Riotous and boisterous conduct 114,115, 117 1-3,1-9
Sabbath, violation of 126-127 1-3
Saloons, victualing houses, etc 123-125 1-8
when to be closed 127 1-3
Sale of impounded animals 94 4
of nostrums, etc., on public streets 116 7
Shade trees, protection of 146 1-7
Shells of oysters, scraps, etc., in street 99 1
Sidewalks 55-57 1-8
width of 55 1
improving of 62-67 1-3
expense of 62 1
repairing and renewing of 58-62 1-2
Sidewalk committee, duty of chairman 58 1
report of chairman 58 1
Sign-board or show-bill over sidewalk 56 3
Smoke-stacks 92 1
Slaughter-houses 120 1-4
Snow and ice on sidewalks 68 1
Stallions 145 1
Stove-pipe 87 4


INDEX TO ORDINANCES. 163
PAGE. SECTION.
Steam-engines, use of upon streets 90-91 1-5
inspectors of 90-91 1-j
Streets, the obstruction of 55, 56, 68, 116 1,2, 5,6
encroachment upon 70-71 1-3
grading and paving of 73-81 1-13
Street, lane or alley, may be paved by owner 79 11
Streets and bridges, protection of 71-72 1-6
Statistics of diseases and deaths 102 1-3
Students, sale of liquor to forbidden 125 1
Tax-roll, warrant attached to 59, 65, 78, 80 2-3, 9
Tax on saloons, victualing-houses, etc 123-125 1-8
when assessed to wrong person 79 10
Tire of dray wheels, breadth of 137 8
Treasurer, city, duties of.upon receiving tax-roll, 60,65, 77 2-3, 8
Trees, fruit, shade, and ornamental, protection of. 146-147 1-7
distance of, from each other and walk 146 1
destruction of 146 2
Undertakers, duties of 102 . 2
Vagrants 114 2
Wagon, cart, etc., in street at night 116 6
Warrant to Marshal to enter gambling houses 122 4
Well-curbs, platforms, buckets, etc., injury of 144 2
Water-pipes, in streets 69 1
Wells, injury to 143 1-2











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